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HomeMy WebLinkAbout091499 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE SEPTEMBER 14, 1999- 7:00 P.M. 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. 6:30" P.M. - Closed Session of the City. Council and the Redevelopment= Agency, in the Main Conference Room, pursuant to Government Code. Sections: .Conference with real. property negotiator pursuant to Government Code Session 54956.8 concerning the acquisition of real. property located at 42291 Sixth Street (APN 922-051-011 ). The negotiating parties are the Redevelopment Agency of the City of Temecula and Mr. Ciais. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. The Agency negotiators are Shawn Nelson, James O'Grady, and John Meyer. m Conference with City Attorney and legal. counsel pursuant to Government Code Sedtion 54956.9(b) with respect to one matter of potential litigation. With respect to this matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances. Next in Order: Ordinance: No. 99-24 Resolution: No. 99-87 CALL TO ORDER: Prelude Music: Inland Valley Youth Symphony directed by Dr. Seymour Rubenstein Invocation: Rabbi Yitzchok Hurwitz of Chabad of Temecula Valley Flag Salute: Mayor Pro Tem Stone ROLL CALL: Comerchero, Lindemans, Roberts, Stone, Ford R:~,genda\091499 1 PRESENTATIONS/PROCLAMATIONS Introduction of the Voorbur.q Banker Delegation Recognition of Officer Pino Presentation of the Good Samaritan Award Certificate of Achievement for Ea.ale Scout F.A.S.T. Presentation 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 an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 Approve the minutes of June 29, 1999; 2.2 Approve the minutes of July 13, 1999; R:%Agenda\091499 2 3 4 7 2.3 Approve the minutes of July 27, 1999. Resolution Approvin.q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of July 31, 1999 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of July 31, 1999. Financial Statements for the Year ended June 30, 1999 RECOMMENDATION: 5.1 Receive and file the Financial Statements for the Year ended June 30, 1999. Purchase of Three (3) City Vehicles (TCSD, Buildin.q and Safety, and Fire) RECOMMENDATION: 6.1 Approve the purchase of three (3) Ford model year 2000 vehicles from Villa Ford for the total amount of $63,578.25. Support for Senate Bill 3 (Rainey) - Libran/Construction Bond RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING SENATE BILL 3 {RAINEY) ADDRESSING THE ISSUANCE OF LIBRARY CONSTRUCTION BONDS FOR CALIFORNIA LIBRARIES R:~Agenda\091499 3 8 Approval of Funds for Landscape Review Services 9 10 11 12 RECOMMENDATION: 8.1 Approve an expenditure in an amount not to exceed $105,000 for landscape review services with PELA. Development Impact Fee A.qreement with Woodside Homes - Lon.q Canyon Creek Park/Tract 28510-1 (Campos Verdes Specific Plan) RECOMMENDATION: 9.1 Approve the Development Impact Fee Agreement between the City of Temecula and Woodside Homes to establish preliminary fee credits in the amount of $358,530 for the construction of Long Canyon Creek Park, Lot 81 of Tract No. 28510-1. Completion and Acceptance for the Median Islands on Winchester Road west of Jefferson Avenue - Project No. PW97-21 RECOMMENDATION: 10. 1 Accept the project Median Islands on Winchester Road west of Jefferson Avenue - Project No. PW97-21 as complete; 10.2 File a Notice of Completion, release the Performance Bond, and accept a six- months (6) Maintenance Bond in the amount of 10% of the contract; 10.3 Release the Materials and Labor Bond seven (7) months after filing the Notice of Completion if no liens have been filed. Completion and Acceptance for the I-15 Southbound Off-Ramp Widenin.q at Winchester Road - Project No. PW97-03 RECOMMENDATION: 11.1 Accept the project for the 1-15 Southbound Off-Ramp Widening at Winchester Road - Project No. PW97-03 as complete; 11.2 File a Notice of Completion, release the Performance Bond, and accept a one-year (1) Maintenance Bond in the amount of 10% of the contract; 11.3 Release the Materials and Labor Bond seven (7) months after filing the Notice of Completion if no liens have been filed. Acceptance of Park Landscape Bonds and A.qreement for Tract No. 28510-1 - Woodside Chantemar, Inc. - North General Kearney Road at Margarita Road) RECOMMENDATION: 12.1 Accept the agreement and surety bonds from Woodside Chantemar, Inc. to improve the park site within Tract No. 28510-1. R:~Agenda\091499 4 13 Tract Map No. 24183-1 (located north of Campanula Way, east of Meadows Parkway, west of Butterfield Stage Road, and south of DePortola Road and within Paloma Del Sol Specific Plan No. 219) RECOMMENDATION: 13.1 Approve Tract Map No. 24183-1 in conformance with the Conditions of Approval; 13.2 Approve the Subdivision Improvement Agreement; 13.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. 14 Tract Map No. 24183 (located north of Campanula Way, east of Meadows Parkway, west of Butterfield Stage Road, and south of De Portola Road and within Paloma Del Sol Specific Plan No. 219) RECOMMENDATION: 14.1 Approve Tract Map No. 24183 in conformance with the Conditions of Approval; 14.2 Approve the Subdivision Improvement Agreement; 14.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Matedal Bond and Monument Bond as security for the agreements. 15 Release Faithful Performance Warranty Security for Public Improvements in Parcel Map No. 24085-3 (located northwesterly of the intersection of Diaz Road and Zevo Drive - Avenida de Ventas) RECOMMENDATION: 15.1 Authorize release of the Faithful Performance Warranty security for Public Improvements in Parcel Map No. 24085-3; 15.2 Direct the City Clerk to so advise the developer and surety. 16 Release Faithful Performance Warranty Secudty for Public Improvements in Parcel Map No. 24085-F (located northwesterly of the intersection of Diaz Road and Zevo Drive (formerly Avenida de Ventas) RECOMMENDATION: 16.1 Authorize release of the Faithful Performance Warranty Security for the public improvements in Parcel Map No. 24085-F; 16.2 Direct the City Clerk to so advise the developer and surety. R:~,genda\091499 5 17 18 19 20 21 Release Faithful Performance Warranty Security in Parcel Map 27714 ('located at the east side of Ynez Road between Solana Way and Rancho California Road) RECOMMENDATION: 17.1 Authorize release of the Faithful Performance Warranty Security in Parcel Map No. 27714; 17.2 Direct the City Clerk to so notify the developer and surety. Release Securities for Faithful Performance Warranty for Public Improvements and Traffic Si.qnalization Miti.qation fees in Tract No. 21818 (located westerly of the intersection of Via Norte at Kahwea Road) RECOMMENDATION: 18.1 Authorize release of the Securities for the Faithful Performance Warranty for the Public Improvements in Tract No. 21818; 18.2 Direct the City Clerk to so advise the developer and surety. Approval of an Additional Expenditure for FY98-99 Street Stripin.q Contract - Pacific Stripin.q, Inc. RECOMMENDATION: 19.1 Approve the additional expenditure to FY98-99 contract with Pacific Striping, Inc. increasing the contract amount by $17,815.00. Award of Construction Contract for the Traffic Si.qnal and Median Modification at Rancho California Road and Town Center Drive - Project No. PW99-09 RECOMMENDATION: 20.1 Award a contract for the Traffic Signal and Median Modification at Rancho California Road and Town Center Drive - Project No. PW99-09 - to DBX, Inc. for $47,740.00 and authorize the Mayor to execute the contract; 20.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $4,774.00, which is equal to 10% of the contract amount. Supersedin.q Freeway A.qreement for State Hi.clhwav Route 15 within the City of Temecula RECOMMENDATION: 21.1 Adopt a resolution entitled: R AAgenda\091499 6 21.2 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SUPERSEDING FREEWAY AGREEMENT BETWEEN THE STATE OF CALIFORNIA ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION (STATE) AND THE CITY OF TEMECULA DECLARING THAT CERTAIN SECTION OF STATE HIGHWAY ROUTE 15 BETWEEN THE SOUTH TEMECULA CITY LIMIT AND THE NORTH TEMECULA CITY LIMIT TO BE A FREEWAY Approve an Agreement declaring that certain section of State Highway Route 15 between the Southern and Northern Temecula City limits to be a freeway with the State of California Department of Transportation (State) and authorize the Mayor to execute the Amendment. RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY R :~,genda\091499 7 i TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 99-01 Resolution: No. CSD 99-14 CALL TO ORDER: ROLL CALL: DIRECTORS: PUBLIC COMMENTS President Jeff Comerchero Ford, Lindemans, Roberts, Stone, Comerchero 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 July 13, 1999; 1.2 Approve the minutes of July 27, 1999. 2 Financial Statements for the Fiscal Year ended June 30, 1999 RECOMMENDATION: 2.1 Receive and file the Financial Statements for the Fiscal Year ended June 30, 1999. R:~Agenda\091499 8 3 Award of Construction Contract for Butterfield Stage Park Improvements - Project No. PW98-01CSD RECOMMENDATION: 3.1 Award a construction contract for Butterfield Stage Park Improvements - Project No. PW98-01CSD to JDC, Inc. in amount of $35,007.50 and authorize the President to execute the contract; 3.2 Authorize the General Manager to approve change orders not to exceed the contingency amount of $3,500.75 which is equal to 10% of the contract amount. 4 Park and Slope Area Tree Trimmin.q Maintenance Services Contract RECOMMENDATION: 4.1 Award the Tree Maintenance Services contract to West Coast Arborists, Inc. for $50,000.00; 4.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $5,000 which is equal to 10% of the contract amount. DISTRICT BUSINESS 5 City of Temecula Wall of Honor RECOMMENDATION: 5.1 Approve a procedure for the establishment and continuing operation of the City of Temecula Wall of Honor. 6 Mobile Recreation Program Update RECOMMENDATION: 6.1 Receive and file a report on the Mobile Recreation Program known as Rec R.O.C.K.s. DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next meeting: Tuesday, September 28, 1999, at 7:00 P.M., scheduled to follow the City Council Consent Calendar, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\091499 9 TEMECULA REDEVELOPMENT AGENCY MEETING CALL TO ORDER: ROLL CALL Chairman Lindemans Next in Order: Ordinance: No. RDA 99-01 Resolution: No. RDA 99-13 AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone, Lindemans PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. 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 July 13, 1999; 1.2 Approve the minutes of July 27, 1999. 2 Purchase and Sale A.qreements for Residential Sites in the Pujol Area RECOMMENDATION: 2.1 Adopt a resolution entitled: R:%Agenda\091499 10 2.2 2.3 2.4 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 PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 28735 PUJOL STREET IN THE CITY OF TEMECULA Adopt a resolution entitled: RESOLUTION NO. RDA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 28496 PUJOL STREET IN THE CITY OF TEMECULA Adopt a resolution entitled: RESOLUTION NO. RDA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 28516 PUJOL STREET IN THE CITY OF TEMECULA Adopt a resolution entitled: RESOLUTION NO. RDA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED IN THE 28500 BLOCK OF PUJOL STREET (APN 922-053-008) IN THE CITY OF TEMECULA Temecula Redevelopment A.clencv Financial Statements for the Year ended June 30, 1999 RECOMMENDATION: 3.1 Receive and file the Financial Statements for the Fiscal Year ended June 30, 1999. R:~Agenda\091499 11 4 Approve the Manufacturin.cl and Purchase of Freeway Si.qnage for Old Town Front Street on I-15 - Project No. PW99-08 RECOMMENDATION: 4.1 Approve the manufacturing and purchase of freeway guide sign panels for use on I-15 to Safeway Sign Company of Adelanto, California, in the amount of $35,305.75 (including sales tax); 4.2 Authorize the City Manager to approve change orders not to exceed a contingency amount of $3,194.25 which is equal to the balance of the appropriated funds and 9% of the purchase amount; 4.3 Approve an appropriation of $30,000.00 from Redevelopment Agency Unreserved Fund Balance to the project account. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next meeting: Tuesday, September 28, 1999, at 7:00 P.M., scheduled to follow City Council Consent Calendar, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\091499 12 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARINGS Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. 22 Development Code Amendment (Planning Application No. PA99-0197) RECOMMENDATION: 22.1 Approve the Negative Declaration for Planning Application No. PA99-0197; 22.2 Introduce and mad by title only an ordinance entitled: ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE SEVERAL CHAPTERS OF TITLE 17 TO RE-CATEGORIZE TEMPORARY USES, AMEND YARD AND SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONES, CLARIFY FLOOR AREA RATIO BONUS PROVISIONS, AND MAKE NUMEROUS MINOR MODIFICATIONS TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION NO. PA99-0197) 23 General Plan Land Use Amendment No. 3 (Plannin.cl Application No. PA99-0291) RECOMMENDATION: 23.1 Approve the Negative Declaration for Planning Application No. PA99-0291; 23.2 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP FOR VARIOUS AREAS THROUGHOUT THE CITY KNOWN AS ASSESSOR'S PARCEL NOS. 921-660-026, 921- 660-027, 921-660-041, AND 921-660-042 (PLANNING APPLICATION NO. PA99-0291 ) R:~Agenda\091499 13 24 23.3 Introduce and mad by title only an ordinance entitled: ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FOR THE AREAS KNOWN AS ASSESSOR'S PARCEL NOS. 921-660-026, 921-660-027, 921-660-041, 921- 660-042, AND 950-120-004 (PLANNING APPLICATION NO. PA99-0291 ) An Appeal of the PlanninQ Commission's decision to deny PlanninQ Application No. PA99- 0236, Development Plan Revision to reconfiQure a part of the Winchester Meadows ShoppinQ Center, and PlanninQ Application No. PA99-0012, a Conditional Use Permit to build and operate a 5,310 square foot Winston Tire Store (located at the northwest comer of MarQadta Road and Winchester Road RECOMMENDATION: 24.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA99-0236 (DEVELOPMENT PLAN REVISION-APPEAL) AND PA99-0012 (CONDITIONAL USE PERMIT-APPEAL) UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY PLANNING APPLICATION PA99-0236, A DEVELOPMENT PLAN REVISION PROPOSAL TO RECONFIGURE A PORTION OF THE WINCHESTER MEADOWS SHOPPING CENTER BY INCORPORATING AN ABANDONED WELL SITE AND RELOCATING AND ENLARGING TWO UNDEVELOPED PAD SITES TOTALING 1.3 ACRES; AND PLANNING APPLICATION NO. PA99-0012, A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 5,310 SQUARE FOOT COMMERCIAL BUILDING ON .7 OF AN ACRE AND A CONDITIONAL USE PERMIT FOR THE OPERATION OF AN AUTOMOTIVE TIRE AND SERVICE STORE LOCATED ON THE NORTHWEST CORNER OF MARGARITA ROAD AND WINCHESTER ROAD, KNOWN AS ASSESSOR'S PARCEL NOS. 911-170-091 AND 911-170-098 AND PARCEL 4 OF PARCEL MAP 28934 R:V~,genda\091499 14 COUNCIL BUSINESS 25 Consideration of the Temecula Valley Balloon and Wine Festival Sponsorship ReQuest RECOMMENDATION: 25.1 25.2 Review and approve the funding for the Temecula Valley Balloon and Wine Festival in the amount of $30,000; Approve the sponsorship agreement with the Temecula Valley Balloon and Wine Festival organization and authorize the Mayor to execute the agreement. 26 Murrieta Creek - Arundo and Tamadsk Eradication RECOMMENDATION: 26.1 Provide direction to staff to work with the appropriate public agencies to develop a plan to eradicate Arundo and Tamadsk growth in Murrieta Creek from Cherry Street at the northern City limit to Temecula Creek at the southern City limit in exchange for habitat mitigation credits; 26.2 Approve a general eradication program to include an initial eradication effort and 3 to 5 years of follow-up maintenance to start in fiscal year 2000. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next meeting: Tuesday, September 28, 1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\091499 15 PROCLAMATIONS AND PRESENTATIONS ITEM 1 ITEM 2 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL JUNE 29, 1999 The Open Session of the City Council meeting convened at 6:00 P.M. ROLL CALL Present: Absent: INVOCATION Councilmembers: Comerchero, Lindemans, Roberrs, Stone, and Ford. Councilmember: None. The invocation was given by Councilman Lindemans. ALLEGIANCE The audience was led in the Flag salute by Councilman Roberrs. CITY COUNCIL/COMMUNITY SERVICES DISTRICT/AND REDEVELOPMENT AGENCY REPORTS No reports given. PUBLIC HEARING Approval of a Miti.qated Ne.qative Declaration for the construction and operation of sports Field li.qhtin.q at James L. Day Middle School RECOMMENDATION: 1.1 Approve a Mitigated Negative Declaration for the construction of sports field lighting at James L. Middle School; 1.2 Direct staff to file the Mitigated Negative Declaration with the appropriate filing fee for the project with the County Clerk of Records Office. By way of overheads and a video tape, Community Services Director Parker presented the staff report (as per agenda material); referenced future homes that will be built around the project site; in light of the required preparation time, addressed the issue of competing hours for high school sports and City-promoted After School activities; and noted that the City would not be installing a public address system at the project site. Referencing the lighting system installed at Margarita Park, Mr. Rich Wagner of Musco Lighting further elaborated on the system that is being proposed for James L. Day Middle School; advised that the height of the lights at Margarita Park are between 70' to 90'; and further commented on engineering measures that could be undertaken to ensure elimination of off-site lighting. At this time, Mayor Ford opened the public hearing. R :~Agenda\062999CIP 1 Ms. Rebecca Weersing, 41775 Yorba Avenue, spoke in support of the proposed lighting. In light of the need for additional field space, Ms. Cheryl Joyce, 40255 Benwood Court, spoke in support of the lights. In order to provide alternative activities for the children, Mr. Henry Miller, 29240 Stonewood Road, ~47, spoke in support of the lights. Mr. Bill Barber, 31172 Wellington Circle, President of Temecula Little League, commented on the need for additional field space and, therefore, spoke in support of the lights. Mr. John Martin, 45414 Clubhouse Drive, encouraged the City to continue its work relationship with the School District and spoke in support of the lights. Ms. Teresa Cota, 30359 Deer Meadow, representing the Temecula Little League, echoed the need for additional field space and as well supported the installation of the lights. Mr. Mike Pagano, 32383 Corte Porado, as well concurred with the need for additional field space and encouraged the City Council to approve the installation of the lighting. Commenting on the City's phenomenal growth rate, Mr. Thomas Langley, 32050 Calle Marquis, addressed the need for additional sports facilities and, therefore, spoke in support of the lights. Living near a lighted facility such as the one being proposed, Mr. Langley noted that it has not had a negative impact on his quality of life. The following individuals echoed the above-mentioned comments and expressed their support of the lights: · Mr. David Stovall · Mr. Jack Henz · Mr. James SpineIll 31093 Lahontan Street 42835 Villa Terrace 35120 Calle Nopal Appreciating the joint use projects that have been created between the City and the Temecula Valley Unified School District, Mr. Rick Shafer, 40377 Calle Medusa, spoke in support of this lighting project as well as the construction of the swimming pool at Chaparral High School. Mr. Dave Gallaher, representing the Temecula Valley Unified School District, 40516 Roripaugh Road, relayed Superintendent Allmen's support of the project as well as his concurrence with this type of usage at elementary or middle schools. For Councilman Comerchero, Mr. Gallaher confirmed that in addition to the required public address system at the schools, no additional public address system would be installed for ballfields. Although relaying his support of parks, Mr. David Cabattoni, 29560 Avenida del Sol, Meadowview resident, expressed concern with the potential installation of a public address system at the project site and noted his opposition to issues raised in the Environmental Impact Report with regard to noise, traffic, lighting, and the impact on wildlife. Voicing no objection to the proposed lights, Ms. Kathleen Roe, 29611 Avenida del Sol, expressed opposition to any potential installation of a public address system. R :~Agenda\062999CIP 2 In an effort to retain the uniqueness of the Meadowview community, Ms. Helen Hubka, 29830 Puesta Del Sol, spoke in opposition to the installation of the lights. Although not opposing a facility such as the one being proposed, Mr. Steve Chamberlin, Via Norte, relayed his opposition to the proposed project because of the impact it will have on Meadowview residents with regard to light and sound. For the future 242 homes that will be constructed nearby the proposed site, Mr. Nate Pugsley, representing Woodside Homes of California, Inc., 23121 Antonio Parkway, Suite 120, Rancho Santa Margarita, spoke in opposition to the installation of the lights and encouraged the City Council to adhere to its previous action of denial. Addressing concerns with regard to uniqueness of the community, rural environment, quality of life, light, sound, traffic, the following individuals spoke in opposition to the proposed lights: · Ms. Sue Moriki · Devon Ronie · Andrew Ronie 40445 Carmelite Circle 40575 La Colina 40575 La Colina In order to accommodate the need for additional field space, Mr. Thomas Quinn, 42935 Corte Cabello, spoke in support of the lights. Having supported the installation of the lights at the May 25, 1999, City Council meeting, Councilman Comerchero relayed his continuous support of the lights. Although the lights may have a nominal impact to residents in Meadowview, Mr. Comerchero noted that this park is not located in the Meadowview community. In light of the need for additional field space as a result of the City's continuous growth in population, Councilman Comerchero reiterated his support of the project and assured the residents that no public address system would be installed. Although living in Meadowview, Councilman Roberrs advised that the City Attorney has informed him that because he lives more than 800' from the proposed site, he would be able to participate in this matter. In light of on-going growth and development in nearby areas, Mr. Roberts noted that such growth has impacted the rural environment of the Meadowview area. Because he was elected to represent the entire City, Councilman Roberts relayed his opposition to the installation of a public address system but noted his support of the installation of lights. As a proponent of youth sports as well as controlled growth, Mayor Pro Tem Stone noted that the Meadowview streets were designed as rural streets and, therefore, are unable to withstand the amount of traffic the proposed facility would create for the neighborhood. Mr. Stone commented on the current cut-through traffic experienced in the Meadowview area and its safety concerns and noted how this problem would be increased with the proposed project. He, therefore, spoke in opposition to the lights but relayed his support of the construction of a sports facility at a different location. Opposing the proposed site for the installation of lights, Councilman Lindemans commented on the impact such a facility would have on the Meadowview community as it relates to traffic and potential safety concerns. Mr. Lindemans spoke in support of a facility such as the one in Cathedral City and spoke in opposition to the proposed request. Having visited the area of discussion, Mayor Ford noted that, in his opinion, the proposed project would have an impact on the Meadowview community. Concurring with the need for additional field R:~,genda\062999CIP 3 space, Mayor Ford suggested the exploration of utilizing property at the north and south end of the City. MOTION: Councilman Lindemans moved to deny staff recommendation. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of Councilmen Comerchero and Roberts who voted n._9o. At 7:26 P.M., Mayor Ford called a recess and reconvened the meeting at 7:42 P.M. PRESENTATION Bi.q Leaflue Dreams Sports Park - Rick Odekirk (as requested by Mayor Pro Tem Stone) By way of a video presentation, Mr. Rick Odekirk, 43670 Lisbon Way, provided a detailed overview of a Big League Dreams Sports Park, highlighting the following: · Current Big League Dreams Sports Parks · Upcoming Parks · Feasibility Studies Further addressing the operations of his facilities, Mr. Odekirk noted the following: · Security - fully fenced with a one-gate entrance; six security guards at any one time; gate policy, no food permitted; · Cathedral City facility provides three major league stadium replicas and two minor league stadium replicas; other fields would be available (sand volleyball, soccer, batting cage, basketball, instructional school, and corporate area); · League play (adult and youth) · Tournaments/special events, corporate events, camps/clinics · Design/materials protected under the copyright laws; Advertising; · Financial benefit to the City; · Restaurant and the serving of beer and wine; existing facilities have not experienced a problem with serving beer and wine; not serving beer and wine will impact the overall profitability; · Entrance fee of $1.00 will be returned in the form of a token that could be used in the restaurant; · If approved, his company would serve as the design/construction consultants and the City would retain ownership. Concurring that there is a need for additional field space in the City, Councilman Comerchero noted that the Council must determine whether or not such a facility would be suitable for the City. In response to Councilman Comerchero, Mr. Odekirk advised that although it would have an impact on the profitability, adult and youth usage of the fields could be segregated and, thereby, limiting the sale of beer and wine only during adult hours. Mayor Pro Tem Stone noted that, at this point in time, it is the Council's responsibility to determine whether or not such a facility should be pursued for the City of Temecula. Acting City Manager Nelson suggested that staff further discuss the pros and cons of a Big League Dreams Sports Park with Mr. Odekirk. If the City Council were to allocate monies for such a facility, R:~Agenda\062999CIP 4 Mr. Nelson suggested that staff proceed with a feasibility study, design opportunities, and review of other potential pay-for-play providers. For Councilman Roberts, Mr. Odekirk advised that Cathedral City is comprised of approximately 24 acres; Chino of 30 acres; Riverside of 40 acres; noted that a three-field complex could be constructed on approximately 20 acres and a six-field complex on approximately 26 acres, including parking. He confirmed that the proposed park could include facilities such as roller rinks, skateboard parks, ice rinks, and soccer fields. Councilman Lindemans thanked Mr. Odekirk for his effort and time. At this time, Mayor Ford opened the public hearing. The following individuals spoke in support of the construction of a Big League Dreams Sports Park: · Mr. Greg Waters 31950 · Mr. Steven McKnight 32212 · Mr. Brian Joyce 40255 · Mr. Mike Griffin 45799 · Mr. Scott McKnight 32212 · Mr. John Gleason 30949 · Mr. William Joyce 40255 · Ms. Cheryl Joyce 40255 in support of the project. · Mr. Thomas Quinn 42935 Corte Cabello Via Saltio Via Cordaro Benwood Court Corte Carmella Via Cordaro Calle Pina Colada Benwood Court Benwood Court - submitted to the City Clerk a petition The above-mentioned individuals spoke in support of a Big League Dreams Sports Park for the following reasons: · The need for additional lighted fields · The overall financial benefit it would have on the entire community Ms. Althea Coetzee, 45673 Calle Ayora, representing the Friends of the Library, spoke in opposition to reallocating any funds originally designated for the Library to the Sports Park. Concurring with the need for sport activities, Ms. Martha Minkler, P.O. Box 954, encouraged the City to, as well, support cultural activities. MOTION: Councilman Roberts moved to direct staff to discuss the construction of such a Sports Park with Mr. Odekirk and that Mr. Odekirk, at this point in time, proceed working with the entire City Council versus just the Subcommittee. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected unanimous approval. At 8:42 P.M., Mayor Ford called a recess and reconvened the meeting at 8:57 P.M. R:~,genda\062999CIP 5 COUNCIL/DISTRICT/AGENCY BUSINESS 2 Review of the Proposed FY 2000-04 Capital Imlarovement Program RECOMMENDATION: 2.1 Review and discuss the proposed changes to the FY 2000-04 Capital Improvement Program (CIP) and provide direction to staff as appropriate. By way of overheads, Acting City Manager Nelson reviewed the staff report in detail, clarifying that the projects moved to DIF Street only reflect the design cost. After thorough review of the CIP, Mr. Nelson noted that $5.2 million have been identified which could be reprogrammed from the CIP; an additional $1 million have been identified from the Fund Balance (projected at 6/30/2000) from the Operating Budget; and $400,000 could be reallocated from the Insurance Fund leaving a balance of $900,000, which would be an appropriate amount according to the City's insurance agent. In conclusion, Acting City Manager Nelson noted that a total of $6,644,000 have been identified and could be reallocated for Fiscal Year 1999-2000; of this $6.6 million, $2.9 million will be generated from the DIF Park and Recreation/Quimby and, therefore, those funds must be only allocated for Park and Recreation purposes; the $3.7 million generated from the Capital Project Reserves and General Fund may be utilized for any City project. In an effort to benefit the overall residents of the City, it was recommended that the $6.6 million be reprogrammed to multiple projects versus solely funding one project. With regard to the construction of a Big League Dreams Sports Park, Acting City Manager Nelson advised that staff has estimated the following preliminary costs: · Design and construction of a 32-acre sports park - $6.0 million · Completion of off-site and grading improvements - $500,000 to $2.0 million · Debt owed to RDA Housing for land - $3.7 million - this debt could be repaid over 20 years at the LAIF rate at approximately a $298,000 annual repayment · Potential revenue generated could be utilized to repay RDA Housing debt · Overall project could be phased · Operations, maintenance, and management could be ventured by Big League Dreams Sports Park or another provider or the City · Recommend to complete a feasibility study, preliminary design work, and RFP process for the operation and management of the facility · Reiterated that all construction costs are only estimates For Mayor Ford, Acting City Manager Nelson clarified that DIF Park and Recreation/Quimby funds may not be utilized for the Library. At Councilman Lindemans' request, City Clerk Jones read into the record a letter from Mr. Tony Turski, Chairman of the Board of the Temecula Valley Chamber of Commerce, relaying the Chamber's desire to view the Cathedral City facility prior to taking a position with regard to the construction of such a facility. Ms. Marginia Kelly, 39770 Roripaugh Road, encouraged the City Council to address the City's overall needs in a proper order and one which focuses on the full spectrum of the community - age, gender, and various interests. R:~Agenda\062999CIP 6 Ms. Gera Thole, 41120 Avenida Verde, requested that the City Council consider the children's minds as well as their physical needs and commented on how the City has outgrown its existing library. Ms. Jackie Conrad, 45796 Hopactong Street, encouraged the City Council to address infrastructure needs throughout the City rather than abandoning those projects for projects that are still in the planning stages. She requested that the Council place importance on the following four projects: · Library · Children's Museum Sports Facility · Trails Master Plan Ms. Toni Perrone, 40676 Geyser Street, Vice President of the Temecula Valley Genealogical Society, thanked the City Council for its support; commented on how the City has outgrown its existing Library; and encouraged the City to provide continued support for the construction of a new Library. Viewing sports facilities as needed facilities throughout the City, Ms. Robin Vaughn, 42072 Via Cuesta al Sol, encouraged the City Council to support the Children's Museum for those children who choose to participate in more cultural versus sport-related activities. Although supporting both cultural and physical activities for the community, Ms. Terry Blanton, 32060 Merlot Crest, requested that the City Council not reallocate monies which were originally set aside for the Library. Ms. Bernadine Anderson, 41615 Corte Higuera, relayed her support of the Library. Relaying his disappointment with the Council's denial of lights at the James L. Day Middle School, Mr. Jack Henz, 42835 Villa Terrace, spoke in support of constructing a Big League Dreams Sports Park and expressed support for the Children's Museum as well the Library. Viewing the existing Library as too small in size to accommodate the community's need, Mr. Henry Miller, 29240 Stonewood Road, #47, encouraged the City Council to support the Library as well as the Children's Museum and a Community Arts Theater. Mr. Bill Dull, 40436 Chauncey Way, encouraged the City Council to support the Trails Master Plan and commented on available funding from the County, State, and Federal with regard to such a Plan. In light of this evening's discussion, Councilman Comerchero recapitulated the requests to fund the following five projects: Sports Park, Library, Children's Museum, Performing Arts Theater, and Trails Master Plan and noted that if funds were properly allocated, the City could fund all these projects. Prior to finalizing allocation of funds, Mr. Comerchero requested that staff recalculate the total available funds. In response to Councilman Comerchero's request to recalculate the total available funds, Acting City Manager Nelson confirmed that the City Council has $8 million available to reallocate. Providing information with regard to Senate Bill 3 (Library Construction Bond), Councilman Roberts advised that this Bill requires a matching 35% from the City of the needed $10.5 million; noted that R:~Agenda\062999CIP 7 $1.6 million have already been allocated to the Library; and requested that an additional $2.0 million be allocated to the Library in order to meet the 35% matching funds. Mayor Pro Tem Stone relayed his desire to place equal priority to the Library as well as the sports facilities and concurred with the support of the Trails Master Plan, the Children's Museum, and allocating $2.0 million for the Library to ensure the 35% matching funds. Mr. Stone recommended the completion of a feasibility study for the sports park and possibly phasing the overall project. City Council concurrence was noted with regard to Mayor Ford's recommendation to allocate $550,000 in order to purchase the necessary right-of-way acquisition for Date and Cherry Street. Mayor Ford as well recommended the allocation of funds for the 79S Ultimate Interchange. Mayor Ford also commented on the need to prioritize the Pala Road project to which Acting City Manager Nelson noted that grants could be obtained for this project and that discussion will be pursued with Pechanga, the developer, and Wolf Creek in order to expedite this project. Mr. Ford relayed his concurrence with allocating $70,000 toward the Trails Master Plan. With the exception of the Library, Councilman Comerchero noted that all projects should require a full feasibility study. At this time, Mayor Pro Tem Stone abstained from discussions and left the dais. In response to Councilman Lindemans, discussion ensued with regard to an outside donation for the construction of a theater behind the Mercantile building which could function as the lobby. Mayor Ford recommended that staff pursue the possible donation and readdress this matter with the City Council at a future meeting. At this time, Mayor Pro Tem Stone returned to the dais. MOTION: Councilman Comerchero moved to allocate the available $8 million in the following manner; · $2.0 million for the Library · $550,000 for the Date and Cherry Street land acquisition · $70,000 Trails Master Plan · $400,000 reallocated from the James L. Day Middle School lighting project to the Rancho Sports Park field lighting project · $1.2 million Children's Museum · $600,000 for a Performing Arts Center · balance approximately $3.5 million for a sports park Mayor Pro Tem Stone seconded the motion. (This motion was ultimately amended; see below.) Following some additional discussion regarding the allocation of funds, the above-made motion was amended as follows: MOTION: Councilman Comerchero moved to allocate the available $8 million in the following roEInner; · $2.0 million for the Library · $550,000 for the Date and Cherry Street land acquisition · $70,000 Trails Master Plan R:~Agenda\062999CIP 8 · $400,000 reallocated from the James L. Day Middle School lighting project to the Rancho Sports Park field lighting project · $1.0 million Children's Museum · $600,000 for a Performing Arts Center · balance approximately $3.7 million for a sports park Mayor Pro Tem Stone seconded the motion and voice vote reflected approval with the exception of Mayor Pro Tem Stone who abstained with regard to the Performing Arts Center and Councilman Lindemans who voted no. ADJOURNMENT At 10:29 P.M., Mayor Ford formally adjourned the City Council meeting to Tuesday, July 13, 1999, 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula California. Steven J. Ford, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:~,genda\062999CIP 9 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JULY 13, 1999 CLOSED SESSION A meeting of the City of Temecula City Council was called to order at 6:30 P.M. It was duly moved and seconded to adjourn to closed session pursuant to Government code Sections: Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property at the east side of Pujol Street, south of Sixth Street (APN 922-053-008), 28516 Pujol Street (APN 922-053-007), 28725 Pujol Street (APN 922-062019), and 28731 Pujol Street (APN 922-062-016). The negotiation parties are the City of Temecula/Redevelopment Agency of the City of Temecula and Redevelopment Agency and Otto Family Trust, Irwin, Ladanyi, and Rutner. Under negotiation are the prices and terms of payment of the real property interests proposed to be acquired. The City/Agency negotiators are Shawn Nelson, Jim O'Grady, and John Meyer. o Conference with City Attorney and legal counsel pursuant to Government 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: 1) Firestone vs. City of Temecula and 2) Claim of Westside City II (Bill Dendy). Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(b) with respect to one matter of potential 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/or the Agency based on existing facts and circumstances. The Open Session of the City Council meeting convened at 7:00 P.M. ROLL CALL Present: Councilmembers: Comerchero, Lindemans, Roberts, Stone, and Ford. Absent: Councilmember: None. PRELUDE MUSIC The prelude music was provided by Matthew Cappiello. INVOCATION The invocation was given by Pastor Gary Nelson of Calvary Chapel of Temecula. ALLEGIANCE The audience was led in the Flag salute by Mayor Pro Tem Stone. R:~vlinutes\071399 I PRESENTATIONS/PROCLAMATIONS Temecula Good Nei.clhbor Award Councilman Roberrs presented the Good Neighbor Award to Ms. Gera Thole who accepted it with appreciation. Western Ea.qle Foundation Proclamation Mayor Ford proclaimed September 12, 1999 to be designated as Western Eagle Foundation Day. Ms. Kathleen Krugar accepted the award, thanking the City for the honor. Help Hospitalized Veterans Proclamation In honor of the Center's Grand Opening, Mayor Ford proclaimed the day of July 24, 1999 to be designated Help Hospitalized Veteran's Day. Accepting with gratitude the award, Mr. Mike Lynch extended an invitation to the community to the Grand Opening Ceremony of the new facility on July 24, 1999. Balloon and Wine Festival Presentation On behalf of the Balloon and Wine Festival's Board, Mr. Bob Brown presented the City of Temecula with a framed poster commemorating the event, thanking the City of Temecula for its support. PUBLIC COMMENTS Ms. Janet Dixon, 31860 Via Cordoba, relayed her concern with respect to the speed of traffic on Via Cordoba; noted that the street was utilized as a short cut; relayed that at the June 24, 1999 Public/Traffic Safety meeting, the Commission denied the matter of installing stop signs on Via Cordoba; and requested that the City Council agendize the issue in order to hear the concerns of the community. In response to Ms. Dixon's comments, Mayor Pro Tem Stone requested that the City Council be forwarded the minutes of the aforementioned Public/Traffic Safety Commission meeting in order to review the issue in detail. Mr. Charles Hankley, 31745 Via Cordoba, reiterated the concern regarding traffic on Via Cordoba; noted the sloping of the street causing cars to accelerate; and reiterated the request for the aforementioned issue to be agendized by the City Council. CITY COUNCIL REPORTS Relaying his enjoyment of the City's 4th of July celebration activities, Councilman Comerchero recommended availability of 3-D glasses at next year's festivities for the community's pleasure, noting the enhanced affect of viewing the fireworks with the 3-D glasses. R:~vlinutes\071399 2 Co Due to the community concern with respect to traffic on Via Cordoba, Mayor Pro Tem Stone recommended that there be additional Police Enforcement in the area in an effort to maintain safety with respect to speed until the issue could be further addressed by the City Council. With respect to the Southern California Regional Rail Authority (SCRRA), Councilman Roberts updated the Council, relaying that staff recommendation at the last SCRRA meeting was that the high speed rail project not be constructed in the Inland Riverside and San Diego Counties, recommending instead that the rail be constructed in the coastal region; noted the parallel route of the existing commuter route and Amtrak; relayed that at the July 20, 1999 SCRRA meeting the aforementioned issue will be considered in order to address installation of the high speed rail in the Inland Riverside and San Diego areas. For Mayor Pro Tem Stone, Councilman Roberts confirmed that the San Diego Rail Authority, the City of Carlsbad, and the associated coastal cities are supportive of the construction of the high speed rail in the Inland Riverside and San Diego Counties; and in response to Mr. Stone's querying, relayed that due to the request for letter correspondence from the perspective cities requesting the high speed rail to come through Riverside County, up the I-15 freeway, noted the importance of conveyance of the letter from the City of Temecula. For informational purposes, Mayor Ford relayed that there would be a Planning Agreement brought forward to the City Council from the Western Regional Council of Governments in order to address RCHCA's obligations in the Multi-Species Plan, enabling the County and the Cities to work in cooperative agreement; and noted that the issue would be further discussed at the time the issue is presented to the Council. 1 Standard Ordinance Adoption Procedure RECOM MEN DATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 1.1 Approve the minutes of June 8, 1999; 1.2 Approve the minutes of June 10, 1999. R:~'Vlinutes\071399 3 3 Resolution Approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 99-63 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 May 31, 1999 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of May 31, 1999. 5 City Treasurer's Statement of Investment Policy RECOMMENDATION: 5.1 Adopt the Treasurer's Statement of Investment Policy as proposed by staff, which provides safety, liquidity, and yield for City funds. 6 1998-99 Community Service Fundin.q Program Special Distribution RECOMMENDATION: 6.1 Review and approve the 1998-99 Community Service Funding Program application request from the Education Foundation in the amount of $12,000 to fund the Chaparral High School stadium lighting. Consent Calendar Item No, 6 was pulled for separate discussion; see pagel0, R:\Minutes\071399 4 7 Community Facilities District No. 88-12 (Ynez Corridor) Initiation of Actions Necessary to Foreclose Delinquent Special Tax Liens RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 99-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING ACTION TO TRANSMIT TO THE COUNTY OF RIVERSIDE DOCUMENTS NECESSARY TO CREDIT THE COUNTY OF RIVERSIDE TAX COLLECTOR UPON THE TAX ROLL AND TO RELIEVE THE TAX COLLECTION OF FURTHER DUTY THERETO IN COMMUNITY FACILITIES DISTRICT NO. 88-12 AS REQUIRED BY LAW, ORDERING ACTIONS TO FORECLOSE THE DELINQUENT SPECIAL TAX LIENS, AND ORDERING THE RECORDATION OF A NOTICE OF INTENT TO REMOVE DELINQUENT SPECIAL TAX INSTALLMENTS FROM THE TAX ROLL 8 Cooperation Agreement for Community Development Block Grant (CDBG) Funds for Fiscal Years 2000-01, 2001-02, and 2002-03 RECOMMENDATION: 8.1 Authorize the City Manager to execute the Cooperation Agreement for Community Development Block Grant funds for Fiscal Years 2000-01, 2001-02, 2002-03. 9 Maintenance Facility Furniture RECOMMENDATION: 9.1 Approve an expenditure to Pacific Business Interiors (PBI) in the amount of $67,433.65 to purchase furniture that will be installed in the Maintenance Facility office additions and modifications. 10 Street Name - Nada Lane RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 99-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING A PORTION OF NORTH GENERAL KEARNY TO THE STREET NAME NADA LN R:~'Vlinutes\071399 5 Consent Calendar Item No. 10 was pulled for separate discussion; see page 10. 11 Fair Competition and Taxpayer Savings Act RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 99-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE FAIR COMPETITION AND TAXPAYER SAVINGS ACT INITIATIVE AND LEGISLATION 12 Tract Map No. 28850 (located south of Mar.qarita Road between Avenida Sonoma and 160 feet west of Avenida Cima Del Sol) RECOMMENDATION: 12.1 Approve Tract Map No. 28850 in conformance with the Conditions of Approval; 12.2 Approve the Subdivision Improvement Agreement; 12.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreements. 13 Authorize Temporan/Partial Street Closures for Bike Races on July 25 and July 31, 1999 ('Business Park Drive and Single Oak Drive) RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 99-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING PARTIAL STREET CLOSURES OF BUSINESS PARK DRIVE AND SINGLE OAK DRIVE FOR THE TEMECULA CYCLING CLASSIC STAGE RACE ON JULY 25, 1999, AND THE RIVERSIDE CYCLING CLUB RACE ON JULY 31, 1999, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THESE SPECIFIC SPECIAL EVENTS In response to Councilman Roberts querying, Acting Director of Public Works Hughes relayed that the final permit will assure that community members have access to the associated churches. R:\Minutes\071399 6 14 Substitute A.qreements and Securities in Tract No. 24185-2 (located northwesterly of the intersection of Butterfield Stage Road at De Portola Road) RECOMMENDATION: 14.1 Accept the substitute Subdivision Improvement and Subdivision Monument Agreements, and Faithful Performance, Labor and Materials, and Subdivision Monumentation Securities in Tract No. 24185-2; 14.2 Authorize release of the Faithful Performance, Labor and Materials, and Subdivision Monumentation Securities on file; 14.3 Direct the City Clerk to so notify the developer and sureties. 15 Acceptance of Grant of Easement for Traffic Si.qnal Equipment RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 99-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF EASEMENT FOR TRAFFIC SIGNAL INSTALLATION AND MAINTENANCE PURPOSES, FACILITATING INFRASTRUCTURE IMPROVEMENTS RELATING TO THE PROMENADE MALL PROJECT 16 Acceptance of Grant of Easement for Traffic Si.qnal Equipment RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 99-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF EASEMENT FOR TRAFFIC SIGNAL INSTALLATION AND MAINTENANCE PURPOSES, FACILITATING INFRASTRUCTURE IMPROVEMENTS RELATING TO THE PROMENADE MALL PROJECT R:~vlinutes\071399 7 17 Acceptance of Grant of Easement for Traffic Si,qnal E.quipment RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 99-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF EASEMENT FOR TRAFFIC SIGNAL INSTALLATION AND MAINTENANCE PURPOSES, FACILITATING INFRASTRUCTURE IMPROVEMENTS RELATING TO THE PROMENADE MALL PROJECT 18 Overland Drive Overcrossin.q Improvements - Proiect No. PW95-11 - Amendment to Cooperative Agreement No. 8-931 ('Resolution No. 96-113) RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 99-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN FIRST AMENDMENT TO COOPERATIVE AGREEMENT NO. 8- 931 BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR CONSTRUCTION OF THE OVERLAND DRIVE OVERCROSSING IMPROVEMENTS 19 Pechan.qa Band of Mission Indians Pre-Excavation A.qreement- Pala Road Brid.qe Improvement- Proiect No. PW97-15 RECOMMENDATION: 19.1 Approve the agreement with the Temecula Band of Luiseno Mission Indians of the Pechanga Indian Reservation (Pechanga Band) for the cost to monitor grading operations in conjunction with the construction of the Pala Road Bridge - Project No. PW97-15 - and authorize the Mayor to execute the agreement. Consent Calendar No. 19 was pulled for separate discussion; see page 11. R:\Minutes\071399 8 20 Amendment to Joint Fundin.q A.qreement with Riverside County Transportation Department for Weekend Traffic Control at I-15 and Highway 79 South RECOMMENDATION: 20.1 Approve an amendment to an existing agreement between the City of Temecula and Riverside County extending California Highway Patrol (CHP) traffic control services for weekend traffic control at I-15 and Highway 79 South in an amount not to exceed $10,500.00 and authorize the Mayor to sign the amendment. 21 Solicitation of Construction Bids for Traffic Si.qnal and Median Modification at Rancho California Road and Town Center Drive - Project No. PW99-09 RECOMMENDATION: 21.1 Approve the Project Plans and Specifications and authorize the Department of Public Works to solicit bids for the modification of the traffic signal and median islands at the intersection of Rancho California Road and Town Center Drive - Project No. PW99-09. 22 Award of Construction Contract for the Street Name Si.cln Replacement - Project No. PW98-18 RECOMMENDATION: 22.1 Award construction contract for the Street Name Sign Replacement - Project No. PW98-18 - J. K. Weigle Engineering Contract in the amount of $40,611.16 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 $4,061.11 which is equal to 10% of the contract amount. 23 Second Reading of Ordinance No. 99-12 RECOMMENDATION: 23.1 Adopt an ordinance entitled: ORDINANCE NO. 99-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OLD TOWN SPECIFIC PLAN TO MODIFY THE PARKING STANDARDS IN THE CORE OF OLD TOWN TEMECULA (PLANNING APPLICATION NO. PA99-0160) Mayor Pro Tem Stone abstained with regard to this item. R:~vlinutes\071399 9 MOTION: Councilman Lindemans moved to approve Consent Calendar Item Nos. 1-5, 7-9, 11-18, and 20-23. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of Mayor Pro Tem Stone who abstained with regard to Item No. 23. Items considered under separate discussion 6 1998-99 Community Service Fundin.q Pro.qram Special Distribution RECOMMENDATION: 6.1 Review and approve the 1998-99 Community Service Funding Program application request from the Education Foundation in the amount of $12,000 to fund the Chaparral High School stadium lighting. Due to the recent statement revealing the current status of the amount of funds currently raised for this particular project at $87,598.28 (per supplemental agenda material), Councilman Comerchero recommended that the City Council amend the amount of funding for the Chaparral High School stadium lighting to the amount of $12,401.72 in order to aid in the goal to raise $100,000. MOTION: Mayor Pro Tem Stone moved to approve staff recommendation, amending the amount of funding to be $12,401.72. Councilman Lindemans seconded the motion and voice vote reflected unanimous approval. 1 O- Street Name - Nada Lane RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 99-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING A PORTION OF NORTH GENERAL KEARNY TO THE STREET NAME NADA LN Relaying that this issue was brought forward to the City Council via a request from the Meadowview Homeowners Association, Chief Building Official Elmo presented the staff report (of record); specified the location of the disjointed road section proposed to be renamed to Nada Lane; for Councilman Comerchero, advised that due to the property lines' proximity to the right-of-way, there would not be future housing on this particular street; and for Councilman Roberts, noted that the suggested street names were relayed from the Association. Mr. Andrew Ronie, 40575 La Colina, relayed the desire of the community to change the name of the street; and for Councilman Lindemans, confirmed that nada means nothing, noting that the street connects to nothing. R: \Minutes\071399 10 Mr. Bob Johnston, 29760 Valle Verde, reiterated the desire of the community to change the name of the street. MOTION: Councilman Lindemans moved to approve staff recommendation to change the street name to Nada Lane. Mayor Pro Tem Stone seconded the motion. Councilman Roberrs indicated that the wording of the associated Resolution should be corrected to reflect Nada Lane in lieu of Nada Ln. Voice vote was taken reflecting unanimous approval. 19 Pechan.qa Band of Mission Indians Pre-Excavation A.qreement- Pala Road Brid.qe Improvement- Proiect No. PW97-15 RECOMMENDATION: 19.1 Approve the agreement with the Temecula Band of Luiseno Mission Indians of the Pechanga Indian Reservation (Pechanga Band) for the cost to monitor grading operations in conjunction with the construction of the Pala Road Bridge - Project No. PW97-15 - and authorize the Mayor to execute the agreement. Acting Director of Public Works Hughes provided a brief overview of the staff report (via agenda material.) Ms. Laura Miranda, attorney representing the Pechanga Band, relayed further information regarding the submittal, specifying the rationale for the proposed agreement; recommended that with respect to the signature page, that the second signature line on the proposal be deleted; and with respect to Addendum 1, denoted on page 4 of the Agreement (of record) relayed that the indicated pre-grading conference referenced in paragraph 1 would not be necessary, recommending that it be stricken; with respect to page 4, paragraph 3, recommended modifying the language, as follows: the phrase: designated in the attached map, labeled Exhibit A be revised to correctly reflect: designated in the attached work schedule, labeled Appendix A; and with respect to page 4, the last paragraph, relayed that the term Monitors should be replaced with the term Lead Monitors, and that the term Monitor Trainees be replaced with the term Monitors. Mr. Ben Masiel, representing the Pechanga Cultural Resources Committee, was available for questions from the Council. MOTION: Councilman Lindemans moved to approve the Agreement, as modified. Mayor Pro Tem Stone seconded the motion and voice vote reflected unanimous approval. At 7:40 P. M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:45 P.M., the City Council resumed with regularly scheduled City Council business. R:~vlinutes\071399 l ] PUBLIC HEARING 24 An Appeal of the Planning Commission's Decision to Recommend Approval to the City Council for PA98-0511, a Zonin.q Amendment to create a Planned Development Overlay, and the Plannin.q Commission's approval of PA98-0512, a proposal to develop a 244-unit senior apartment complex with two- and three-story buildin.qs on an 8.13 acre lot RECOMMENDATION: 24.1 Continue to the July 27, 1999, City Council meeting. MOTION: Mayor Pro Tem Stone moved to open the public hearing; and to continue the matter to the City Council meeting of July 27, 1999. Councilman Lindemans seconded the motion and voice vote reflected unanimous approval. 25 Plannin.cl Application No. PA97-0446 (Zoning Amendment, Map Change) RECOMMENDATION: 25.1 Adopt the Mitigated Negative Declaration for Planning Application No. PA97- 0446; 25.2 Adopt the Mitigation Monitoring Program for Planning Application No. PA97- 0446; 25.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0446 (ZONING AMENDMENT, MAP CHANGE) AMENDING THE CITY'S ZONING MAP, CHANGING THE ZONING OF 1.07 NET ACRES FROM LOW DENSITY RESIDENTIAL L1 (1 ACRE TO 2.5 ACRE NET LOT SIZE) TO LOW DENSITY RESIDENTIAL L2 (1/2 ACRE TO 1 ACRE NET LOT SIZE), ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ESTERO STREET AND ORMSBY ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 945-070-011 Mayor Pro Tem Stone advised that he would be abstaining with regard to this Agenda Item, and therefore left the dais. By way of overhead maps, Deputy City Manager Thornhill provided an overview of the staff report (via agenda material); relayed that guidelines had been developed for this particular area for permitted subdivision in the base zoning; relayed the Planning Commission's approval of the lot split subdivision at the May 19, 1999 Planning R:'~vlinutes\071399 12 Commission meeting, conditioned by City Council approval of the rezoning; specified the community concern with respect to the proposal (of record); for Councilman Roberts, provided additional information regarding the septic systems approved by the Environmental Health Department; and relayed that if it were the desire of the Council, staff would investigate hook-up connections to the existing sewer system for future projects in this particular area, relaying the restrictions related to the issue. While acknowledging that this particular project has met the specified criteria, Councilman Comerchero queried the potential for the adjacent properties to be subdivided at a future point in time. For Councilman Comerchero, Deputy City Manager Thornhill relayed that currently there are no proposals to subdivide property in the area of discussion, providing additional information with respect to the property parcels in the area. At this time, Mayor Ford opened the public hearing. Mr. Larry Markham, representing the applicant, for Councilman Roberts, provided additional information regarding the location and status of the sewer line; and for Councilman Comerchero, provided additional information regarding the adjacent properties, and the potential for density modifications. For the record, City Attorney Thorson relayed Mayor Pro Tem Stone's right to speak with respect to the affect of this proposal to his own personal property or business, referencing the criteria developed within the Political Reform Act. Mr. Jeffrey E. Stone, 30952 Corte De Los Santos, relayed the original intent of the Specific Plan to maintain larger parcels in this particular area; noted that property values would be jeopardized by the proposed subdivided lot sizes; and relayed concern with respect to setting a precedent for future application for subdivisions in the area. In response to Mr. Stone's comments, Mr. Markham clarified the zoning in the area, and the consistency thereof within this particular proposal; relayed the quality of the proposed project; and noted that it was his opinion that the property values would not be negatively affected with respect to this particular project. Mayor Ford closed the public hearing. For Councilman Comerchero, City Attorney Thorson clarified the purview of the Council, noting that approval or denial of this particular project was within the discretion of the Council. For Councilman Roberts, Mr. Ron Guerriero, Chairman of the Planning Commission, confirmed that the Planning Commission approved the matter of discussion by a vote of 4 approvals, noting 1 abstention. MOTION: Councilman Lindemans moved to approve staff recommendation. Mayor Ford seconded the motion. Mayor Ford provided additional information regarding the area and the associated topography. R:\Minutes\071399 13 Relaying that he had visited the site, Councilman Comerchero advised that this particular project would not have a negative affect regarding property values with respect to the adjacent properties. For the record City Attorney Thorson introduced and read by title only Ordinance No. 99- 18. At this time voice vote was taken reflecting approval with the exception of Mayor Pro Tem Stone who abstained. At 8:14 P.M. a short recess was taken, and the meeting reconvened at 8:22 P.M. 26 Plannin.q Application No. PA99-0104 (Amendment No. 1 to Specific Plan No. 263) RECOMMENDATION: 26.1 Adopt a resolution entitled: ORDINANCE NO. 99-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION NO. PA99-0104, AMENDMENT NO. 1 TO THE SPECIFIC PLAN NO. 263 (THE TEMECULA REGIONAL CENTER), AMENDING SECTION IV.E.4., TO ALLOW A 21 FOOT HIGH ENTERTAINMENT MARQUEE, ON THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 910-130-052 -053 AND -054. Via overheads, Deputy City Manager Thornhill presented the staff report, noting the applicant's rationale for the request, specifically due to the location of the cinema at the rear of the mall site; relayed the Planning Commission's denial of the request due to the following: the reluctance to amend the Specific Plan, the potential for traffic hazard, and primarily due to the height of the proposed marquis; for Mayor Pro Tem Stone, noted the City's general intent to reduce the height of signage; specified that the developer requirements (specifically the base and mall logo) would encompass approximately 9.5 feet of the signage; and for Councilman Roberts, specified the location of the proposed marquis signage and the associated landscaping. For Mayor Pro Tem Stone, Mr. Ron Guerriero, Chairman of the Planning Commission, relayed that the Commission was aware of the specified developer requirements of the signage, specifically with respect to the base and the mall logo when the decision to deny the proposal was made. Concurring with Mayor Pro Tem Stone's comments regarding the applicant's mandated developer requirements, Councilman Comerchero noted that previous discussions revealed that the applicant would be willing to reduce the showcase to display five or six R:~linutes\071399 14 movie entities; and queried whether Forest City would be willing to modify the developer mandated requirements. Due to the vast investment of the mall and the positive impact upon the community, Councilman Lindemans relayed concurrence with the desire of the developer to display the mall logo, and the desire of the applicant to display the marquis, as proposed; and relayed his support of the proposed marquis, as presented. Initially, Councilman Roberts relayed his concern with respect to the sign potentially creating a safety hazard. Mr. Michael Grey, representing the applicant, further specified the constraints of developing signage consistent with the permitted height specifications within Specific Plan in light of the mandated developer requirements to maintain the base design and the ma~l logo. Mr. Steve Schafenacker, representing the developer of the mall site, specified the original approved signage plan to install five major signs at the mall site; noted that with this particular proposed sign, the site would maintain less total square footage of signage than the Specific Plan allows; relayed the additional design enhancement of the signage; presented the design of the alternate entry signage, similar in design and inclusive of the mall logo; and recommended approval of this particular signage, as proposed. In response to Councilman Comerchero's querying, Mr. Schafenacker relayed the he would be agreeable to reducing the developer specified requirements by two feet (i.e., the base and mall logo.) For Councilman Comerchero, Mr. Grey relayed that the applicant would be agreeable to reduce the showcase to display solely five movie titles. MOTION: Councilman Comerchero moved to approve the signage as modified. Mayor Pro Tem Stone seconded the motion. (This motion was withdrawn.) Ms. Patricia Hall, 27483 Lark Court, relayed her attendance at the May 19, 1999 Planning Commission meeting; advised that movie title information could be obtained via the newspaper or the telephone; noted the three alternate Edwards Cinema signage at the mall site; and requested that the Council deny the proposed signage. For Mayor Pro Tem Stone, Mr. Schafenacker provided clarification as to the rationale of the location of this particular signage; and relayed that he was of the opinion that the particular sign would not be a traffic hazard. For Mayor Pro Tem Stone, Acting Director of Public Works Hughes relayed that the sign would not be an obstruction with respect to traffic at this particular site location. Councilman Lindemans reiterated his complete support of the proposed project. For Mayor Ford, Mr. Schafenacker specified the location of the signage on the site, noting the reduction in overall signage with respect to the number and size originally proposed. R:~Vlinutes\071399 15 For Mayor Ford, Councilman Comerchero noted the specifications of the previously discussed revision to the signage, as follows: to approve a marquis sign with a total height of fifteen feet, specifying the reduction of the size of the mall logo and the base design of the marquis. Due to additional Council discussion and clarification with respect to liability issues, Councilman Roberts expressed his support of the marquis signage, as revised. MOTION: Councilman Comerchero moved to amend the Specific Plan, approving a fifteen-foot (15') marquis sign. Mayor Pro Tem Stone seconded the motion. (This motion was ultimately amended.) City Attorney Thorson provided clarification with respect to the associated Resolution and Ordinance. Mr. Grey relayed confusion with respect to the dimensions of the proposed revised signage; relayed that the proposed revision would not have provision for the representation of the Edwards Cinema logo; and it was noted that the six-inch space between theater titles on the signage was not calculated into the overall dimensions. Additional Council discussion ensued. MOTION: Councilman Comerchero moved to approve the marquis sign at a height of twenty-one (21) feet. Mayor Pro Tem Stone seconded the motion. The owner's representative relayed agreement to the proposed revised signage displaying five movie titles. Mayor Ford closed the public hearing. City Attorney Thorson introduced and read the revised Ordinance into the record, specifying the modified text of the penultimate sentence to read, as follows: freestanding theater marquis signs cannot exceed a maximum of twenty-one (21) feet in height; and recommended deletion of Sections 2 and 3 of the Ordinance. At this time, voice vote was taken reflecting unanimous approval. 27 Second Reading of Ordinance No. 99-14 RECOMMENDATION: 27.1 Adopt an ordinance entitled: ORDINANCE NO. 99-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING CHAPTER 15.16 OF THE TEMECULA MUNICIPAL CODE BY ADOPTING BY REFERENCE THE CALIFORNIA FIRE CODE VOLUME 1, CCR TITLE 24 PART 9, 1998 EDITION, AND THE UNIFORM FIRE CODE STANDARDS VOLUME 2, 1997 EDITION R:~Minutes\071399 16 MOTION: Councilman Lindemans moved to adopt staff recommendation, regarding Ordinance No. 99-14. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. 28 Second Reading of Ordinance No. 99-16 RECOMMENDATION: 28.1 Adopt an ordinance entitled: ORDINANCE NO. 99-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING CHAPTER 15.04 OF THE TEMECULA MUNICIPAL CODE TO ADOPT BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1998 EDITION OF THE CALIFORNIA BUILDING CODE; THE 1998 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 1998 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 1997 EDITION OF THE UNIFORM ADMINISTRATIVE CODE; THE 1997 EDITION OF THE UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS; THE 1997 EDITION OF THE UNIFORM HOUSING CODE; AND THE 1998 EDITION OF THE CALIFORNIA ELECTRICAL CODE MOTION: Councilman Lindemans moved to adopt staff recommendation, regarding Ordinance No. 99-16. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected unanimous approval. COUNCIL BUSINESS 29 Adoption of the FY 2000-04 Capital Improvement Program RECOMMENDATION: 29.1 Adopt a resolution entitled: RESOLUTION NO. 99-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY 2000-04 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 1999-00 By way of overheads, Acting City Manager Nelson presented the City's CIP plan, highlighting the goal, the funding, the process of development, and the number one R:~vlinutes\071399 ! 7 priority to address traffic circulation; specified the revenue sources of the program; noted that funding sources have been identified for the first two years of the five-year Plan, relaying that seventy-one percent (71%) of the funded projects are dedicated to traffic improvements; reviewed, in detail, the major projects proposed within the CIP; and commended the Department heads, and specifically, Director of Finance Roberts, and Senior Management Analyst Papagolos for their excellent efforts with respect to this document. For Mayor Pro Tem Stone, Acting City Manager Nelson confirmed that the CIP Plan could be reprioritized at a future point in time as additional information is obtained via the studies associated with the projects; and relayed that due to the Council's request, the CIP could be reviewed in six months. Recommending that the CIP be reviewed prior to the six-month period, Councilman Lindemans relayed concern with respect to the status of the City's Reserve fund, referencing his letter printed in The Californian, denoting his comments; noted the City's purchase of a 32-acre parcel of land in 1992 for approximately $3,500,000, and the subsequent City Council action to sell the aforementioned land to the Redevelopment Agency (RDA) (for the development of low-cost housing) in 1994, recuperating the monies in the General Fund; specified the reduction in the property value of the parcel; relayed that there is a short-term opportunity for the City to utilize the supply of 500,000 cubic yards of dirt at a cost of $860,000 in lieu of the imported price of $2,000,000; recommended that the Council address at this time the lowered property value and the potential for loss if the land were sold; for the record, discharged his responsibility if the Council opts to not address this particular issue at this point in time, having submitted his article for the record denoting his comments; and requested that the Councilmembers read the aforementioned article. Commending Councilman Lindemans on his research, Mayor Pro Tem Stone relayed his opposition to Mr. Lindemans' comments; specified the alternate City projects providing beneficial assets to the City; noted that there has been no real loss with respect to the property value of the parcel since the property has not been sold, relaying the potential for the City to keep the property until the value rises; and noted his opinion that the past referenced City Council actions provided essential improvements and assets to the community via the necessary funding elements. With respect to the Pala Road Improvements Project (Phase II), Councilman Roberts relayed his previous recommendation to revise the priority category to a Priority I due to the Pala Bridge Project and the associated impact; and as a result of recent discussions, presented the request by the Pechanga Band to have the City Council approve the Pala Road Improvements be constructed on a fast-track schedule, noting that with the aforementioned proposal the Pechanga Band would fund $2,000,000 for the project, which is fifty-percent (50%) of the total cost of the project. Regarding Councilman Robert's presentation of the Pechanga proposal, Acting Director of Public Works Hughes queried the specific time frame intended by the fast-track schedule; and queried the source of the proposed funding. In response to Acting Director of Public Works Hughes, Councilman Roberts relayed that he would obtain further specification regarding the source of funding. R:~linutes\071399 Mayor Pro Tem Stone recommended pursuing the aforementioned proposal, noting the need to investigate the total cost of the project inclusive of administrative and design costs. Mayor Ford relayed for the record that he would be abstaining with respect to the Pala Road issue. MOTION: Councilman Lindemans moved to approve the Capital Improvement Program. Councilman Roberrs seconded the motion. Mayor Ford provided additional clarification with respect to Councilman Lindemans' previously mentioned comments regarding the parcel of land purchased by the City; and recommended that the City pursue grading the property at this time due to the reduced cost presented by Councilman Lindemans. City Attorney Thorson relayed that Resolution No. 99-72 should reflect Mayor Ford's abstention with respect to the Pala Road Project (Phase II). At this time voice vote was taken reflecting unanimous approval with the exception of Mayor Ford who abstained with respect to the Pala Road Project. 30 Sta.q.qered Work Hours RECOMMENDATION: 30.1 Receive and file. Commending the Traffic Subcommittee's efforts with respect to their assistance in the preparation of the Staggered Work Study, Acting Director of Public Works Hughes introduced Ms. Maryann Edwards (Commissioner on the Public/Traffic Safety Commission), who would present the results of the study. Relaying the previous request of the City Council for the completion of the study, by way of colored graphics, Ms. Edwards presented the data collected regarding the Staggered Work Hours Study, encompassing the measurement of the top 31 companies' shift schedules (per agenda material); relayed that the analysis revealed that the peak traffic is most likely impacted primarily be commuters (community members leaving the City in the AM peak hours and returning during the PM peak period); noted that seventy-seven percent (77%) of the major area employers are presently implementing staggered shift hours; relayed that at the 3:00 P.M. peak traffic period, solely 1,112 motorists are impacting the City's major intersections from companies within the area; and due to the results of the study recommended that there is no need to implement staggered work hour shifts with respect to companies in the Temecula area. Commending the companies in the area, Councilman Roberts relayed the remarkable improvement over the last seven years associated with staggered work hours currently being implemented; and commended the Subcommittee for its efforts associated with the thorough study. R:~vlinutes\071399 19 Acting Director of Public Works Hughes provided additional clarification regarding the data; relayed that the information was collected from businesses maintaining 50 or more employees; and advised that at a future point in time, as development increases, the City Council may want to revisit this issue. MOTION: Councilman Lindemans moved to receive and file the report. Councilman Roberts seconded the motion. Mayor Pro Tem Stone applauded the Public/Traffic Safety Commission regarding its efforts associated with the Study, and the companies in the area with respect to the results of the data revealing the implementation of staggered work hours. At this time voice vote was taken reflecting unanimous approval. CITY MANAGER'S REPORT Thanking the City Council for its support of the CIP, Acting City Manager Nelson relayed the vast benefits to the community associated with the Program. CITY ATTORNEY'S REPORT City Attorney Thorson advised that there were no reportable actions with respect to the Closed Session under the Brown Act. Referencing the City Council motion at the June 22, 1999 meeting, adopting the official moratorium on the wireless telecommunication facilities, City Attorney Thorson relayed that at the July 27, 1999 City Council meeting there will be a hearing and an extension for the aforementioned moratorium Ordinance. ADJOURNMENT At 9:55 P.M., Mayor Ford formally adjourned the City Council meeting to Tuesday, July 27, 1999, 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\071399 20 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JULY 27, 1999 CLOSED SESSION A meeting of the City of Temecula City Council was called to order at 6:30 P.M. It was duly moved and seconded to adjourn to Closed Session pursuant to Government Code Sections: 54956.8 concerning the acquisition of real property at 28496 Pujol Street (APN 922-053- 005). The negotiating parties are the City of Temecula/Redevelopment Agency Conference with real property negotiator pursuant to Government Code Section of the City of Temecula and Viefhaus and Barker. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. The City/Agency negotiators are Shawn Nelson, Jim O'Grady, and John Meyer. Conference with City Attorney and legal counsel pursuant to Government Cod3 54956.9(a) with respect to one matter of existing litigation involving the City and/or the Agency. The following case/claim will be discussed: (a) Blind Pig Brewery. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at 28410 Front Street (APN 922-023- 019 and APN 921-070-006). The negotiating parties are the City of Temecula/Redevelopment Agency of the City of Temecula and Richard G. Gabriel and Marilyn F. Gabriel; Trustees of the Gabriel Family Trust; James N. Senechal; Trustee of the James N. Senechal Declaration of Trust; David L. Phares and Susie G. Phares; Thomas H. Maxwell and Janice M. Maxwell; and Wayne F. Whitehurst. 4. Discussion of candidates for position of City Manager to Government Code Section 54957. The Open Session of the City Council meeting convened at 7:00 P.M. Present: Councilmembers: Comerchero, Lindemans, Roberts, Stone, and Ford. Absent: Councilmember: None. PRELUDE MUSIC The prelude music was provided by Katie Welsh· INVOCATION The invocation was given by Pastor John Chambers of Grace Presbyterian. ALLEGIANCE The audience was led in the Flag salute by Councilman Comerchero. R:~,genda\072799 Prelude Music: Katie Welsh Invocation: Pastor John Chambers of Grace Presbyterian Flag Salute: Councilman Comerchero ROLL CALL: Comerchero, Lindemans, Roberts, Stone, Ford PRESENTATIONS/PROCLAMATIONS International Year of Older Persons in Temecula Proclamation Mayor Ford proclaimed 1999 as the International Year of Older Persons in Temecula and the proclamation was accepted by Ms. Linda Cole. Juvenile Offender Law Enforcement Team (JOLT) Presentation Briefly highlighting the item, Police Sergeant AIm introduced Deputy Potter and Officer Gardella who further elaborated on the successful results of this program, referencing the following: · Temecula Valley Unified School District Canine Suppression Program · Truancy Abatement Program · Temecula Valley Youth Court · High Impact Rehabilitation Tour- H.I.R.T. PUBLIC COMMENTS Mr. Kirk McKenney, P.O. Box 390816, apprised the City Council of a problem he has encountered with a contractor owing him money and advised the Council that this contractor has done work for the City. After further investigation, Mr. McKenney noted that it was determined that Mayor Ford is a member of this company and, therefore, requested the Mayor's assistance and questioned why the City would have a contractor, who does not pay his subcontractors, work for the City. Responding to Mr. McKenney's comments, Mayor Ford advised that he has never been nor is he currently an ownedmember of this company. Mr. Ford noted that City Attorney Thorson has been requested to further research the matter and stated that the City Attorney is in receipt of a letter from the company's attorney, noting that he has never nor currently is an owner/member of this company. Advising that he is the owner of the company that Mr. McKenney is referencing, Mr. Alan Shaw, 30655 DePortola, confirmed that Mayor Ford has never nor currently is an ownedmember of this company, advising that Mr. Ford's name was inadvertently placed on some legal papers and that the necessary correction to remove his name has been made. Councilman Lindemans requested that the City Attorney be directed to further research the matter and to report any findings at a future City Council meeting. Councilman Roberts requested that the Attorney's research include the weed abatement service. Ms. Jennifer Slaughter, Ms. Christine Scott, and Ms. Wendy Bennett, members of the Chaparral Stadium Committee, expressed appreciation to the City Council for its generous donation in order R:~Agenda\072799 2 for the Committee to meet its goal of $100,000. presented T-shirts to the Councilmembers. Reiterating their appreciation, the Committee Relaying his delight with the football team being able to play a home game on its own field, Mr. Matt Wright reiterated the Committee's appreciation to the City Council for its donation. CITY COUNCIL REPORTS A. Councilman Roberrs relayed his delight with the High Speed Rail Authority's final decision to reroute the Inland Route through Interstate 15 and 215. B. Councilman Lindemans advised that the RTA has allocated, without impacting the reserve, $125,000 for the completion of a public transportation system study with possible matching funds from RCTC. C. Councilman Comerchero commended Councilmen Lindemans and Roberts on a job well done. Being on the League of California Cities Community Services Policy Committee, Mr. Comerchero commented on a bond issue for Parks and Recreation and advised that the issue, if approved by the voters, would greatly benefit the City. D. Mayor Ford commented on bond issues and associated difficulties with attaining the funds. E. City Attorney Thorson noted that with respect to Closed Session Item Nos. 1 and 3 (real property), the City Council gave direction to staff and that the final agreements, if agreed upon, will be forwarded to the City Council for approval in Open Session. With respect to Closed Session Item No. 2 (pending litigation), the City Council gave direction to the City Attorney and with respect to Item No. 4 (candidates for City Manager position), the matter would be discussed by Mayor Ford in Open Session. F. At this time, Mayor Ford announced that the City Council unanimously chose to appoint Acting City Manager Nelson as the permanent City Manager of the City of Temecula. During this time of transition, Mayor Ford extended a job well done to the entire City Staff. Newly appointed City Manager Nelson enthusiastically accepted the position; echoed Mayor Ford's comment by extending a job well done to the entire City Staff; and expressed appreciation to the City Council for its support. G. There being no objection from the City Council, Mayor Ford recommended that Agenda Item No. 29 be considered out of order at this time. CONSENT CALENDAR Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. R:~,genda\072799 3 3 4 Resolution Approvin.q List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 99-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT Amendment No. 4 to Police Services Contract RECOMMENDATION: 3.1 Authorize modification to the City's current law enforcement contract with Riverside County to add one traffic officer and one special team officer to increase patrol hours by the equivalent of two full-time patrol officers and to authorize the Mayor to execute the contract in substantially the form attached. Authorization of Special Tax Levy in Community Facilities District No. 88-12 (Ynez Corridor) RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 99-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) Award of Contract for P.C. Workstations RECOMMENDATION: 5.1 Award a contract for Pentium based computer workstations to Tech 101-Arcus, Inc., 16812 Millikan Avenue, Irvine, California, in the amount of $2,365.11 per unit, for a total purchase amount of $243,606.59. (This Item was pulled.) R:~Agenda\072799 4 6 Agreement between City of Temecula and BidAmerica 8 9 RECOMMENDATION: 6.1 Approve an Agreement for the scanning of building permits for the Building and Safety Department in its proposed for an amount not to exceed $37,760.45. Contract Plan Checkin.q Services - JAS Pacific, Inc. RECOMMENDATION: 7.1 Approve an Agreement for plan check services with JAS Pacific, Inc. and the Building and Safety Department in the amount of $25,000; 7.2 Approve a 10% or $2,500 contingency for plan check services. Contract Inspection Services Agreement for JAS Pacific, Inc. RECOMMENDATION: 8.1 Approve an Agreement for Consultant Services for JAS Pacific, Inc., in the amount of $60,320 to continue providing building inspection services to the Building and Safety Department. Contract Inspection Services for Building and Safety RECOMMENDATION: 9.1 Approve an Agreement for Consultant Services with P & D Consultants in an amount not to exceed $60,000 to provide supplemental building inspection services to the Building and Safety Department. 10 Approval of Funds for Plan Review Services 11 RECOMMENDATION: 10.1 Approve a Contract Agreement in an amount not to exceed $75,000 for Plan Check Services with Esgil Corporation; 10.2 Approve a Contract Agreement in an amount not to exceed $75,000 for Plan Check Services with VanDorpe Chou and Associates. Authorization to execute the Supplemental Agreement for the 1999-00 Fiscal Year Community Development Block Grant Funds RECOMMENDATION: 11.1 Authorize the Mayor to execute the Supplemental Agreement for the 1999-00 Fiscal Year Community Development Block Grant Funds; R:~Agenda\072799 5 11.2 Authorize the Director of Finance to execute Sub-Recipient Agreements for administration of the Fiscal Year 1999-00 Community Development Block Grant Funds. (Councilman Roberts abstained with regard to this Item.) Mayor Ford clarified that the funds ($10,000) allocated to the Boys and Girls Club will be utilized for the Temecula facility. 12 Memorandum of Understanding for Emergency Ambulance Services RECOMMENDATION: 12.1 Approve the Memorandum of Understanding (MOU) between the City of Temecula and the County of Riverside, Emergency Medical Services (EMS) Agency, for joint monitoring of Ambulance Services. 13 Riverside County LibraN Contract Amendment 14 15 RECOMMENDATION: 13.1 Authorize the City Manager to execute the Second Amendment to Agreement to provide Library Services (additional staff); 13.2 Authorize the expenditure of an amount not to exceed $150,000 to fund the Temecula Library Volunteer Coordinator half-time position and to subsidize funding to maintain the Senior Reference Librarian and Reference Librarian positions at the fiscal year 1998-99 level for fiscal year 1999-00. Citywide Tree Trimming Maintenance Service RECOMMENDATION: 14.1 Award the Citywide Tree Trimming Maintenance Services contract to West Coast Arborists, Inc., for $150,000.00 and authorize the Mayor to execute the contract; 14.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,000.00 which is equal to 10% of the contract amount. Authorize Chan.qe to TemporaN Partial Street Closures for Bike Races from July 31, 1999 to September 25, 1999 ('Business Park Drive and Single Oak Drive) RECOMMENDATION: 15.1 Adopt a resolution entitled: R:~,genda\072799 6 RESOLUTION NO. 99-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING RESOLUTION NO. 99- 67 WHICH AUTHORIZED PARTIAL STREET CLOSURES OF BUSINESS PARK DRIVE AND SINGLE OAK DRIVE FOR THE TEMECULA CYCLING CLASSIC STAGE RACE ON JULY 25, 1999, AND THE RIVERSIDE CYCLING CLUB RACE ON JULY 31, 1999, TO CHANGE THE LATTER DATE TO SEPTEMBER 25, 1999, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THESE SPECIFIC SPECIAL EVENTS 16 17 18 Accept Public Improvements in Tract No. 21821 (located northwesterly of Via Norte at Kahwea Road) RECOMMENDATION: 16.1 Accept the public street and water improvements in Tract No. 21821; 16.2 Authorize reduction in Faithful Performance securityto the warranty level, initiation of the one-year warranty period and release of the Traffic Signalization Mitigation security; 16.3 Direct the City Clerk to so advise the developer and surety. Acceptance of Public Street into the City-Maintained Street System within Tract No. 21821 (located northwesterly of Via Norte at Kahwea Road) RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 99-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 21821 ) Substitute Agreements and Securities in Tract No. 24188-1 ((located northwesterly of intersection of Butterfield Stage Road at De Portola Road) RECOMMENDATION: 18.1 Accept the substitute Subdivision Improvement and Subdivision Monument Agreements and Faithful Performance, Labor and Materials, and Subdivision Monumentation Securities in Tract No. 24188-1; 18.2 Authorize release of the Faithful Performance, Labor and Materials, and Subdivision Monumentation Securities on file; 18.3 Direct the City Clerk to so notify the developer and sureties. R:~,genda\072799 7 19 First Street Brid.qe Project- Project No. PW95-08 RECOMMENDATION: 19.1 Approve agreement in the amount of $80,540 with Tom Dodson & Associates to monitor the environmental impacts associated with the construction of the First Street Bridge - Project No. PW95-08 - and authorize the Mayor to execute this agreement. (Mayor Pro Tem Stone abstained with regard to this Item.) 20 Renewal of Annual Street Stripin.q Contract for FY99-00 - Project No. PW97-28 21 22 RECOMMENDATION: 20.1 Approve the extension of the Street Striping Contract with Pacific Striping, Inc. of Whittier for Fiscal Year 1999-00 for a period one (1) year beginning July 1, 1999, in an amount of $150,000.00; 20.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,000.00 which is equal to 10% of the contract amount. Tract Map No. 23100-7 (located south of La Serena Way, east of Meadows Parkway, west of Butterfield Sta.qe Road, and north of Rancho California Road in the Mar.qarita Villa.qe Specific Plan No. 199 RECOMMENDATION: 21.1 Approve Tract Map No. 23100-7 in conformance with the Conditions of Approval; 21.2 Approve the Subdivision Improvement Agreement; 21.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreements. A.qreement for Professional Service with Robert Bein, William Frost & Associates for I- 15/SR-79 South Interchan.qe Project Study Report (PSR) PW96-05 and I-15/Santia.clo Road New Connection Concept Analysis - Project No. PW99-03 RECOMMENDATION: 22.1 Approve an agreement with Robert Bein, William Frost & Associates to provide professional engineering services for the preparation of the I-15/SR-79 South Interchange Project Study Report (PSR) and I-15/Santiago Road New Connection Concept Analysis for an amount not to exceed $86,776.00 and authorize the Mayor to execute the agreement; 22.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of 10% of the contract or $8,677.60. R:~Agenda\072799 8 23 Acceptance of Grant of Easement of Storm Drain Improvements for the First Street Brid.qe RECOMMENDATION: 23.1 Adopt a resolution entitled: RESOLUTION NO. 99-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF EASEMENT FOR STORM DRAIN IMPROVEMENTS RELATING TO THE FIRST STREET BRIDGE (Mayor Pro Tem Stone abstained with regard to this Item.) 24 Second Readin.q of Ordinance No. 99-18 RECOMMENDATION: 24.1 Adopt an ordinance entitled: ORDINANCE NO. 99-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION NO. PA97-0446 (ZONING AMENDMENT, MAP CHANGE) AMENDING THE CITY'S ZONING MAP, CHANGING THE ZONING OF 1.07 NET ACRES FROM LOW DENSITY RESIDENTIAL L1 (I ACRE TO 2.~i ACRE NET LOT SIZE) TO LOW DENSITY RESIDENTIAL L2 ('1/2 ACRE TO 1 ACRE NET LOT SIZE) ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ESTERO STREET AND ORMSBY ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 945-070-011 (Mayor Pro Tem Stone abstained with regard to this Item.) 25 Second Reading of Ordinance No. 99-19 RECOMMENDATION: 25.1 Adopt an ordinance entitled: R:~Agenda\072799 9 ORDINANCE NO. 99-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION NO. PA99-0104, AMENDMENT NO. I TO SPECIFIC PLAN NO. 263 (THE TEMECULA REGIONAL CENTER), AMENDING SECTION IV.E.4., TO ALLOW A 21- FOOT HIGH ENTERTAINMENT MARQUEE ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 910-130-052, -053, AND -054 MOTION: Councilman Lindemans moved to approve Consent Calendar Item Nos. 1 - 25 The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Pro Tem Stone who abstained with regard to Item No. 19, 23, and 24 and Councilman Roberts who abstained with regard to Item No. 11. At 7:58 P.M., Mayor Ford called a recess and reconvened the meeting at 8:12 P.M. There being no objection from the City Council, Mayor Ford recommended that Agenda Item No. 29 be considered out of order at this time. AGENDA ITEM NO. 29 DISCUSSED OUT OF ORDER 29 Infestation of the insect - Glassy-winged Sharpshooter RECOMMENDATION: 29.1 Consider funding in an amount not to exceed $25,000 to the University of California Riverside (UCR) for immediate research toward the recent infestation of this insect in our local wineries. Management Analyst Adams presented the staff report (of record) and introduced Mr. David Turch, Federal lobbyist from Washington, D.C., who provided an update on efforts being undertaken to identify agricultural grants in order to address the eradication of this insect. Apprising the public and Councilmembers of the damage this insect has caused and commenting on the potential destruction of the wineries if a resolution to the eradication of this insect were not found, Ms. Joan Sparkman, 40213 Colony Drive, elaborated on the funds ($250,000) necessary to begin the procedure to eradicate this insect/disease with a total implementation cost of $2.5 million. Ms. Sparkman requested that the City Council consider a donation which would be matched by the County. Mr. Ben Drake, 45650 Bowery Lane, provided more detailed information with regard to this disease, an affective insecticide that has been utilized for the past two years, and cost per application ($80 per acre). In light of his experience, Mr. John Moramarco, P.O. Box 966, noted that he has never seen a disease as devastating as this one. By way of pictures, Mr. Moramarco further described the impact this disease has had on the vineyards and noted that if this problem were not rectified, there will be no wineries within the next two to three years. R:~Agenda\072799 10 Providing additional clarification with regard to this disease, Mr. Mike Rennie, 39114 Blackdeer Loop, co-owner of Stage Ranch Farms, apprised the Council of his losses as a result of this disease. Mr. Roberto Ponte, 40500 Camino Del Vino, as well apprised the Council of his losses as a result of this disease. Having met with the Members of the Vintners Association, Mayor Pro Tem Stone relayed his understanding of the potential devastation. In light of this potential devastation, Mr. Stone encouraged the City Council to approve a $100,000 donation with matching funds by the County for a total of $200,000. Although the area of discussion is not located within the City of Temecula, Councilman Comerchero commented on how the City's identity is associated with the wineries and, therefore, relayed his concurrence with appropriating $100,000. City Manager Nelson recommended that the suggested $100,000 be appropriated from Capital Projects. MOTION: Councilman Comerchero moved to appropriate $100,000 toward the infestation of this insect. The motion was seconded by Mayor Pro Tem Stone. (This motion was ultimately amended; see below.) In light of the needed funds ($250,000) to begin this monitoring process, Councilman Lindemans noted that if the City were to donate $100,000 with matching funds from the City, there would still be a $50,000 shortfall. Considering the devastation this disease could as well have on citrus and landscaping species, Mayor Ford recommended that the City appropriate $125,000 with matching funds from the County and that Mr. Turch continue to explore all possible funding alternatives. MOTION: Councilman Comerchero moved to approve an expenditure of $125,000 with matching funds by the County of Riverside. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of Councilman Roberts who abstained. At 9:12 P.M., Mayor Ford called a recess and reconvened the meeting at 9:25 P.M. At this time, the City Council returned to regular agenda order. PUBLIC HEARINGS 26 An Appeal of the Planning Commission's Decision to Recommend Approval to the City Council for PA98-0511, a Zonin.cl Amendment to create a Planned Development Overlay, and the Planning Commission's approval of PA98-0512, a proposal to develop a 244-unit senior apartment complex with two- and three-story buildin.qs on an 8.13 acre lot RECOMMENDATION: 26.1 Adopt the Mitigated Negative Declaration for Planning Application No. PA98-12; 26.2 Adopt a resolution entitled: R:~Agenda\072799 11 RESOLUTION NO. 99-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA98-0511 (ZONING AMENDMENT- APPEAL) AND PA 98-0512 (DEVELOPMENT PLAN-APPEAL) UPHOLDING THE PLANNING COMMISSION'S DECISION TO RECOMMEND THAT THE CITY COUNCIL APPROVE PLANNING APPLICATION NO. PA98-0511 (ZONING AMENDMENT) TO ESTABLISH A PLANNED DEVELOPMENT OVERLAY AND TO APPROVE PLANNING APPLICATION NO PA98-0512 (DEVELOPMENT PLAN) FOR THE DEVELOPMENT OF A 244-UNIT SENIOR HOUSING COMPLEX ON THE NORTHWEST CORNER OF NICOLAS ROAD AND WINCHESTER ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 911-170-078 AND 911-170-085 26.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP AND DEVELOPMENT CODE OF THE CITY OF TEMECULA CITY FOR PROPERTY KNOWN AS LOTS 166 AND 181 OF THE TEMECULA LAND AND WATER COMPANY ALSO KNOWN AS PARCEL A OF LOT LINE ADJUSTMENT PA 98-0477, PREVIOUSLY ASSESSOR'S PARCEL NO. 911-170-078 AND 911-170-085 (PLANNING APPLICATION NO. PA98-0511 ) By way of a map and computer-generated elevation drawings, Deputy City Manager Thornhill presented the staff report (of record), noting the following: · That the project site will include a combination of two- and three-story buildings; · That proposed fencing and security gates will be installed to ensure prohibition of high school student cut-through; · That the Planning Commission added the following additional condition: That the applicant shall prepare and submit for the approval of the Planning Manager a disclosure statement identifying the adjacent high school uses and those uses reasonably anticipated to occur at the high school site. The applicant shall provide a copy of the approved disclosure statement to each person occupying a unit in the project. Deputy City Manager Thornhill requested that the City Council uphold the above-noted condition of approval. At this time, Mayor Ford opened the public hearing. Mr. Curtis Miller, 4220 Von Karman Avenue, co-owner of the subject site, Newport Beach, clarified his choice of the proposed site because of its proximity to the mall, services, and R:~Agenda\072799 12 housing and noted that the active senior citizens have served as tutors and mentors to such facilities as high schools and would, therefore, view the proposed use as compatible. Mr. Chris Pedersen, the appellant, cited five primary issues as justification for denying the project (as attached to the staff report) and noted that, in his opinion, the developer made no effort to conform to the existing BP zone and that senior citizens and high school students are not a compatible use. In response to Mayor Pro Stone, it was noted that letters/preliminary reviews of the project were sent to various agencies and that no letters of opposition were received by staff. By way of photos, Mr. Gary Nogle, 238 San Diego Avenue, San Diego, general partner, referenced a similar facility in San Marcos at which his mother resides. Having discussed this facility in San Marcos with the City staff, the high school principal, and the manager of the facility, Mr. Nogle advised that he has not been apprised of any incompatibility issues. Contrary to the incompatibility concern, Mr. Nogle commented on how the high school students assist the senior citizens during evening hours and summer time and how the senior citizens assist by tutoring and mentoring. Mr. James Milkartz, 15375 Barranca Parkway, #F101, Irvine, architect of the proposed project, addressed proposed density, floor plan, indoor and outdoor recreational facilities, size of the units, and noted that the PDO-3 Zone does restrict this site to senior housing to preclude the possibility of switching the use. On behalf of the Members of the Seniors Golden Years of Temecula Valley, Mr. Wayne Bershaw, 30149 Corte Cantera, commented on the need for such housing and voiced no concerns with regard to compatibility and, therefore, encouraged the City to support this project. Mr. Peter Sterling, 2398 San Diego Avenue, San Diego, owner of the property, commented on the close proximity of shops to the proposed facility as well as to Santa Gertrudis Creek pathway and noted that he would not envision this facility creating a traffic compatibility issue. Mr. Ed EIder, 42775 San Julian Place, spoke in support of senior housing but not at this particular location. With regard to the compatibility concern, Mayor Pro Tem Stone relayed his concurrence with the approval of this project and commented on the need for senior housing. Echoing Mayor Pro Tem Stone's comments, Councilman Comerchero expressed no concern with regard to compatibility and as well commented on the additionally imposed conditions as per the Planning Commission. Councilman Roberts commented on the City's need for additional housing and expressed support of the project in light of its close proximity to the shops and the Santa Gertrudis Creek pathway. Mayor Ford echoed previously made comments, noting that compatibility is not an issue of concern to him. For the City Council, Planning Chairman Guerriero addressed and clarified ingress and egress into the facility. R:%Agenda\072799 13 MOTION: Mayor Pro Tem Stone moved to approve staff recommendations 26.1 and 26.2, to deny the appeal, and to approve the project. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. City Attorney Thorson introduced Ordinance No. 99-20 by title only. MOTION: Councilman Comerchero moved to approve staff recommendation 26.3. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected unanimous approval. 27 Ordinance Regulating Massage Establishments and Massa.qe Practitioners ('Plannin.q Application PA97-0201 ) RECOMMENDATION: 27.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99- TEMECULA REGULATIONS THE CITY OF TEMECULA REGULATIONS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADDING CHAPTER 5.22 TO THE MUNICIPAL CODE ESTABLISHING FOR MASSAGE ESTABLISHMENTS WITHIN TEMECULA AND CHAPTER 5.23 TO THE MUNICIPAL CODE ESTABLISHING FOR MASSAGE PRACTITIONERS WITHIN THE CITY OF TEMECULA REPEALING RIVERSIDE COUNTY ORDINANCE NO. 596 AS AD OPTED BY THE CITY AND AMENDING SECTION 1.08.010 OF THE TEMECULA MUNICIPAL CODE RELATING TO ADOPTION BY REFERENCE OF RIVERSIDE COUNTY ORDINANCES Being of the opinion that insufficient feedback has been received from the existing and legitimate vendors, Mayor Pro Tem Stone recommended that the matter be continued. Concurring with Mayor Pro Tem Stone, Councilman Lindemans suggested the formation of a subcommittee comprised of two Councilmembers and the massage professionals. MOTION: Mayor Pro Tem Stone moved to continue this item to the September 28, 1999, City Council meeting and to appoint Councilman Lindemans and Mayor Pro Tem Stone to serve on the subcommittee. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. 28 Adoption of an Urgency Ordinance Prohibiting the Permittin.q, Approval, Development, and Placement of Additional Wireless Communications Facilities RECOMMENDATION: 28.1 Adopt an Urgency Ordinance: R:~Agenda\072799 14 ORDINANCE NO. 99-21 AN URGENCY AND REGULAR INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING AN EXTENSION OF ORDINANCE NO. 99-17 WHICH ESTABLISHED A PROHIBITION ON THE PERMITTING, APPROVAL, DEVELOPMENT, AND PLACEMENT OF ALL FORMS OF WIRELESS COMMUNICATIONS FACILITIES AND MAKING CERTAIN FINDINGS IN SUPPORT THEREOF City Attorney Thorson reviewed the staff report (of record). Opposing the moratorium on erecting wireless communications facilities, Mayor Pro Tem Stone commented on the loss of wireless communication throughout several areas of the City and noted the public safety issue such a loss could create. Councilman Comerchero noted that this moratorium would only be in place for several months to ensure proper procedure for future requests. MOTION: Councilman Roberts moved to approve the staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Pro Tem Stone who voted n._9o. COUNCIL BUSINESS 29 Infestation of the insect - Glassy-winged Sharpshooter (at the request of Mayor Pro Tem Stone) RECOMMENDATION: 29.1 Consider funding in an amount not to exceed $25,000 to the University of California Riverside (UCR) for immediate research toward the recent infestation of this insect in our local wineries. (Previously discussed; see pages 10-11 .) 30 Award of Construction Contract for Rancho California Road at I-15 Ramp Improvements - Project No. PW95-12 ~PW98-08) RECOMMENDATION: 30.1 Award a construction contract for the Rancho California Road at 115 Ramp Improvements, Project PW95-12 (PW98-08) to McLaughlin Engineering & Mining, Inc., in the amount of $756,965.00 and authorize the Mayor to execute the contract. 30.2 Authorize the City Manager to approve contract change orders, not to exceed the contingency amount of $75,696.50, which is equal to 10% of the contract amount. 30.3 Approve a transfer of $50,000.00 from the Overland Drive Overcrossing project savings to the Rancho California Road Additional Interchange projects. Mayor Ford thanked staff for their associated efforts. R:~genda\072799 15 MOTION: Mayor Pro Tem Stone moved to approve the staff recommendation. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. 31 Nicolas Road Sidewalk Project RECOMMENDATION: 31.1 Receive and file a status report regarding the Nicolas Road Sidewalk Project. Mayor Pro Tem Stone thanked Acting Public Works Director Hughes for his efforts in completing this project. Mr. Hughes noted that he would pass on the commendation to Deputy Public Works Director Parks. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT City Manager Nelson advised that staff has received a letter from the League of California Cities, advising that the City of Temecula will be awarded the Helen Putman Award of Excellence for the Old Town Streetscape Project. Mr. Nelson noted that the award would be presented at the League's Annual Conference, in October, in San Jose. City Manager Nelson extended commendations to Acting Public Works Director Hughes, Housing Redevelopment Manager Meyer, and Management Analyst Adams. CITY ATTORNEY'S REPORT No additional comments. ADJOURNMENT At 10:50 P.M., Mayor Ford formally adjourned the City Council meeting to Tuesday, August 10, 1999, 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula California. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] R:~Agenda\072799 16 ITEM 3 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $ 5,881,370.21. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 14th day of September 1999. A'I'rEST: Steven J, Ford, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] Resos 99- STATE OF CALl FORN IA) 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 Coundl of the City of Temecula on the 14b day of September 1999 by the following roll cell vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk Resos 99- CITY OF TEMECULA LIST OF DEMANDS 08/19/99 TOTAL CHECK RUN: 08/26/99 TOTAL CHECK RUN: 09102199 TOTAL CHECK RUN: 09/14/99 TOTAL CHECK RUN: 08/19/99 TOTAL PAYROLL RUN: 09/02/99 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 09114199 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 165 190 191 192 193 194 210 2b, 2~0 300 310 320 330 340 460 470 GENERAL FUND RDA DEV-LOW/MOD SET ASIDE COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL A TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D CAPITAL IMPROVEMENT PROJ. FUND CFD 88-12 ADMIN EXPENSE FUND REDEVELOPMENT AGENCY*CIP INSURANCE FUND VEHICLES FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES CFD 88-12 DEBT SERVICE FUND CFD 98-1 DEBT SERVICE FUND CFD 98-1 ADMIN EXPENSE FUND $ 1,150,215,40 43,098.49 124,540.42 18,276.05 26,147.51 16,476.86 572.68 2,427,068.19 561.80 4! 905.27 9,848.07 45,812.66 48,906.24 5,814.75 15,525.90 1,055,294.83 445,802.00 459.00 $ 364,903.87 2,148,369.98 701,892.53 2,267,159.74 199,054.78 199,989.31 $ 5,881,370.21 $ 5,482,326.12 100 165 190 191 193 194 280 300 320 330 340 GENERAL FUND RDA-LOW/MOD SET ASIDE COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL A TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D REDEVELOPMENT AGENCY-CIP INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTAL BYFUND: 280,854,83 6,546.62 81,685.05 139.41 4,920.67 1,228.39 3,405.20 1,411.70 8,416.80 2,904.22 7,531.20 399,044.09 $ 5,881,370.21 HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY That THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 08/19/99 11:35 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 185~837.67 695,29 30,983.39 17,035.41 26,147.51 4,375.73 5.00 49,945.44 34,089.50 83.58 11,151.61 1,474.94 3,078.80 TOTAL 364,903.87 VOUCHRE2 08/19/99 VOUCHER/ CHECK NUMBER 57342 57342 57342 57343 57346 57347 57348 57348 57348 57349 57349 57350 57351 57352 57353 57353 57353 57354 57355 57356 57357 57358 57359 57360 57361 57361 57362 57363 57363 57364 57364 11:35 CHECK VENDOR VENDOR DATE NUMBER NAME 08/16/99 003713 BULLET PAINTING 08/16/99 003713 BULLET PAINTING 08/16/99 003713 BULLET PAINTING 08/16/99 001590 CALIF REDEVELOPMENT ASS 08/19/99 000724 A & R CUSTOM SCREEN PRI 08/19/99 001515 A S A P TRUCK,TRACTOR/F 08/19/99 001391 ADOLPH KIEFER & ASSOCIA 08/19/99 001391 ADOLPH KIEFER & ASSOCIA 08/19/99 001391 ADOLPH KIEFER & ASSOCIA 08/19/99 003799 ALKHAS, JACQUELYN 08/19/99 003799 ALKHAS, JACQUELYN 08/19/99 000747 AMERICAN PLANN]NG ASSOC 08/19/99 003520 AMERICAN SOCIETY OF COM 08/19/99 001947 AMERIGAS 08/19/99 000101 APPLE ONE, INC. 08/19/99 000101 APPLE ONE, INC. 08/19/99 000101 APPLE ONE, INC. 08/19/99 003203 ARTISTIC EMBROIDERY 08/19/99 003771 BACK ALLEY BICYCLE PRO 08/19/99 BEE SMART PROJECT 08/19/99 BRAUN, SUSAN 08/19/99 001260 C P R S 08/19/99 001089 CALIF DEBT & INVESTMENT 08/19/99 003629 CALTROP ENGINEERING COR 08/19/99 002534 CATERERS CAFE 08/19/99 002534 CATERERS CAFE 08/19/99 001193 COMP U S A INC 08/19/99 002945 CONSOLIDATED ELECTRICAL 08/19/99 002945 CONSOLIDATED ELECTRICAL 08/19/99 003210 DALLAS MIDWEST 08/19/99 003210 DALLAS MIDWEST CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION CREDIT: INVOICE EXCEEDED P.O. FACADE IMPROVEMENT PRGM:OAK PK FACADE IMPROVEMENT PRGM:OAK PK CRA AWARD PRGM FEE:OLD TWN STR RECREATION PROMO SHIRTS ILLEGAL DUMPING CLEAN-UP 20"DIAMETER RING BUOY (24) KIEFER KICK BOARDS FREIGHT TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS MEMBERSHIP: PATRICIA ANDERS LICENSE FOR USE OF LIVE MUSIC PROPANE FUEL FOR CITY VEHICLES TEMP HELP W/E 07/10 WILLIAMS TEMP HELP W/E 07/10 WILLIAMS TEMP HELP W/E 08/07 WORTHEN SHIRTS FOR MAINTENANCE STAFF BICYCLE MNTC/PARTS-POLICE DEPT A.HONEY BEES CF:O9/22:KH & BW REFUND: LEVEL 6/7 SWIM LESSONS EMPLOYMENT ADS IN JOB LINE MUN SECURITIES REG CF:IO/5:GR JUL BRIDGE INSPECTION-PALA REFRESHMENT FOR 08/04 MTG REFRESHMENTS FOR 8/5 MTG MISC COMPUTER SUPPLIES CRC ELECTRICAL SUPPLIES CRC ELECTRICAL SUPPLIES (2) HANGING CHAIR CADDYS FREIGHT ACCOUNT NUMBER 280-199-813-5804 280-199-813-5804 280-199-813-5804 280-199-999-5362 190-180-999-5301 001-164-601-5402 190-180-999-5301 190-180-999-5301 190-180-999-5301 190-183-999-5330 190-183-999-5330 001-161-999-5226 280-199-999-5250 001-162-999-5263 280-199-999-5118 280-199-999-5118 001-162-999-5118 190-180-999-5243 001-170-999-5215 190-180-999-5261 190-183-4975 190-180-999-5254 001-140-999-5261 210-165-631-5801 001-161-999-5260 001-161-999-5260 320-199-999-5221 190-182-999-5212 190-182-999-5212 190-184-999-5242 190-184-999-5242 ITEM AMOUNT 651.00- 5,479.00 651.00 125.00 801.66 500.00 39.35 126.00 19.56 84.00 144.00 167.00 150.00 125.96 303.15 251.55 330.24 822.50 680.72 100.00 30.00 161.50 125.00 3,010.00 121.06 10.70 176.11 49.60 301.39 596.00 118.00 PAGE 1 CHECK AMOUNT 5,479.00 125.00 801.66 500.00 184.91 228.00 167.00 150.00 125.96 884.94 822.50 680.72 100.00 30.00 161.50 125.00 3,010.00 131.76 176.11 350.99 VOUCHRE2 08/19/99 11:35 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT 57364 08/19/99 003210 DALLAS MIDWEST SALES TAX 190-184-999-5242 43.21 757.21 57365 08/19/99 DIAZ, ELDA REFUND: TODDLER SWIM LESSONS 190-183-4975 22.00 22.00 57366 08/19/99 DONAHOE, BLANCA REFUND: LEVEL 5 SWIM LESSONS 190-183-4975 25.00 25.00 57367 08/19/99 000609 DOUBLETREE HOTEL HOTEL:C.C.P.O.A. CF:9/21-24/99 001-170-999-5261 332.28 332.28 57368 08/19/99 003384 DRAIN PATROL REPAIR DRAIN TO ICE MACHINE 001-171-999-5212 392.00 392.00 57369 08/19/99 001714 DREAM ENGINEERING INC 57369 08/19/99 001714 DREAM ENGINEERING INC DESIGN SVCS:TENNIS COURT LIGHT 210-190-155-5802 DESIGN SVCS:TENNIS COURT LIGHT 210-190-155-5802 471.00 552.00 1,023.00 57370 08/19/99 001380 E S 57370 08/19/99 001380 E S 57370 08/19/99 001380 E S 57370 08/19/99 001380 E S 57370 08/19/99 001380 E S 57370 08/19/99 001380 E S 57370 08/19/99 001380 E S 57370 08/19/99 001380 E S 57370 08/19/99 001380 E S 57370 08/19/99 001380 E S 57370 08/19/99 001380 E S 57371 08/19/99 002390 EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT BERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EASTERN MUNICIPAL WATER TEMP HELP W/E 07/30 WILLIAMS TEMP HELP W/E 07/30 GORMAN TEMP HELP W/E 07/02 MENDOZA TEMP HELP W/E 07/02 MENDOZA TEMP HELP W/E 07/02 MENDOZA TEMP HELP W/E 07/16 MENDOZA TEMP HELP W/E 07/16 MENDOZA TEMP HELP W/E 07/16 MENDOZA TEMP HELP W/E 07/30 MENDOZA TEMP HELP W/E 07/30 MENDOZA TEMP HELP W/E 07/30 MENDOZA 95366-02 DIEGO DR LDSCP 001-162-999-5118 001-162-999-5118 330-199-999-5118 340-199-701-5118 340-199-702-5118 330-199-999-5118 340-199-701-5118 340-199-702-5118 330-199-999-5118 340-199-701-5118 340-199-702-5118 193-180-999-5240 1,096.26 1,890.33 441.99 286.20 122.66 442.00 309.40 132.60 442.00 309.40 132.60 622.80 5,605.44 622.80 57372 08/19/99 002438 ENGEN CORPORATION GEOTECHNICAL SVCS:WINCH MEDIAN 210-165-686-5804 468.75 468.75 57373 08/19/99 002939 57373 08/19/99 002939 57373 08/19/99 002939 57374 08/19/99 002060 57374 08/19/99 002060 ENVIRONMENTAL SYSTEMS R ENVIRONMENTAL SYSTEMS R ENVIRONMENTAL SYSTEMS R EUROPEAN DELI& CATERIN EUROPEAN DELI& CATERIN MNTC:PRIM ARC/INFO FLOAT LICEN MNTC:ARCPRESS FLOATING LICENSE SALES TAX CITY COUNCIL MEETING MEALS CITY COUNCIL MEETING MEALS 001-161-610-5217 001-161-610-5217 001-161-610-5217 001-100-999-5260 001-100-999-5260 3,000.00 200.00 248.00 185.32 201.43 3,448.00 386.75 57375 08/19/99 001056 EXCEL LANDSCAPE 57375 08/19/99 001056 EXCEL LANDSCAPE 57375 08/19/99 001056 EXCEL LANDSCAPE 57375 08/19/99 001056 EXCEL LANDSCAPE 57375 08/19/99 001056 EXCEL LANDSCAPE 57375 08/19/99 001056 EXCEL LANDSCAPE 57375 0B/19/99 001056 EXCEL LANDSCAPE 57375 08/19/99 001056 EXCEL LANDSCAPE 57375 08/19/99 001056 EXCEL LANDSCAPE 57375 08/19/99 001056 EXCEL LANDSCAPE 57375 08/19/99 001056 EXCEL LANDSCAPE 57375 08/19/99 001056 EXCEL LANDSCAPE 57375 08/19/99 001056 EXCEL LANDSCAPE 57376 08/19/99 003612 FIRE PREVENTION SERVICE LDSCP IMPROV:TEM VLLY MUSEUM LDSCP IMPROV:TEM VLLY MUSEUM LDSCP REPAIRS: R.C. CHANNEL LDSCP REPAIRS: TCC LDSCP REPAIRS:PDS EXTRA HEADS LDSCP REPAIRS: RIVERTON PARK LDSCP REPAIRS: CORTE CANTERA LDSCP REPAIRS:CALLE MEDUSA LDSCP REPAIRS: WINCHESTER RD LDSCP REPAIRS: CALLE MIRADA LDSCP REPAIRS:CALLE MEDUSA LDSCP REPAIRS: CRC LDSCP REPAIRB:MARGARITA MEDIAN REMIT FIRE PREVENTION REVENUE 190-185-999-5415 190-185-999-5415 193-180-999-5212 190-184-999-5415 190-180-999-5212 190-180-999-5212 193-180-999-5212 193-180-999-5212 193-180-999-5212 193-180-999-5212 193-180-999-5212 190-182-999-5415 193-180-999-5212 001-162-4264 2,406.00 910.00 495.33 224.65 116.99 69.71 169.79 157.63 98.31 49.92 48.17 460.00 122.30 4,324.77 5,328.80 4,324.77 VOUCHRE2 CITY OF TEMECULA 08/19/99 11:35 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 57377 08/19/99 000166 FIRST AMERICAN TITLE CO LOT BOOK REPT:27050 FALLING CR 165-199-813-5804 57377 08/19/99 000166 FIRST AMERICAN TITLE CO LOT BOOK REPT:27170 RAINBOW CR 165-199-813-5804 57377 08/19/99 000166 FIRST AMERICAN TITLE CO LOT BOOK REPT: 43740 CAJON DR 165-199-813-5804 150.00 150.00 150.00 450.00 57378 08/19/99 003347 FIRST BANKCARD CENTER XX-0902 J.O'GRADY: PROF MTG 001-111-999-5260 57378 08/19/99 003347 FIRST BANKCARD CENTER XX-0902 J.O'GRADY: SISTER CITY 001-101-999-5280 57378 08/19/99 003347 FIRST BANKCARD CENTER XX-2576 S.NELSON:ICMA PUB/MTG 001-110-999-5260 57378 08/19/99 003347 FIRST BANKCARD CENTER XX-2576 S.NELSON:ICMA PUB/MTG 001-110-999-5228 57378 08/19/99 003347 FIRST BANKCARD CENTER XX-5288 S.JONES: NOVELL 320-199-999-5211 57378 08/19/99 003347 FIRST BANKCARD CENTER XX-5288 S.JONES: MINDSPRING 320-199-999-5211 57378 08/19/99 003347 FIRST BANKCARD CENTER XX-5288S.JONES: AIR TICKET SJ 001-120-999-5258 57378 08/19/99 003347 FIRST BANKCARD CENTER XX-5288 S.JONES:REFRESHMENT MT 001-100-999-5260 75.96 83.96 13.51 46.00 106.68 471.44 112.50 119.06 1,029.11 57379 08/19/99 FRANK, CYNTHIA REFUND: SECURITY DEPOSIT 190-2900 100.00 100.00 57380 08/19/99 000184 G T E CALIFORNIA ~ PAYM 909 197-5072 GENERAL USAGE 320-199-999-5208 57380 08/19/99 000184 G T E CALIFORNIA - PAYM 909 506-1941 PTA CD TTACSD 320-199-999-5208 57381 08/19/99 001355 G T E CALIFORNIA INC AUG ACCESS-RVSD OPEN PHONELINE 320-199-999-5208 4,701.61 55.61 320.00 4,757.22 320.00 57382 08/19/99 GARCIA, NATALIE REFUND: MCP PICNIC SHELTER 190-183-4990 30.00 30.00 57383 08/19/99 000173 GENERAL BINDING CORPORA LAMINATION FOR COPY CENTER 330-199-999-5220 99.11 99.11 57384 08/19/99 000192 GLOBAL COMPUTER SUPPLIE (12) 25FT RED SNAG PRF. CABLE 320-199-999-5221 57384 08/19/99 000192 GLOBAL COMPUTER SUPPLIE (2) HIVAL CD-RW MEDIA IO-PACK 320-199-999-5221 57384 08/19/99 000192 GLOBAL COMPUTER SUPPLIE FREIGHT 320-199-999-5221 57384 08/19/99 000192 GLOBAL COMPUTER SUPPLIE SALES TAX 320-199-999-5221 57384 08/19/99 000192 GLOBAL COMPUTER SUPPLIE (4)HP JETDIRECT PARALLEL PORT 320-199-999-5242 57384 08/19/99 000192 GLOBAL COMPUTER SUPPLIE FREIGHT 320-199-999-5242 57384 08/19/99 000192 GLOBAL COMPUTER SUPPLIE FREIGHT 320-199-999-5242 57384 08/19/99 000192 GLOBAL COMPUTER SUPPLIE SALES TAX 320-199-999-5242 57384 08/19/99 000192 GLOBAL COMPUTER SUPPLIE SALES TAX 320-199-999-5242 119.88 75.98 17.31 15.72 580.00 1.96 5.62 11.66 33.52 861.65 57385 08/19/99 002936 GREAT EVENTS PUBLISHING CARDS/RIBBONS:CANCER AWARENESS 001-150-999-5261 102.85 102.85 57386 08/19/99 001609 GREATER ALARM COMPANY I ALARM MONITORING: STOREFRONT 001-170-999-5229 55.50 55.5O 57387 08/19/99 GUTTIREZ, JASON M. REFUND: SECURITY DEPOSIT 190-2900 100.00 100.00 57388 08/19/99 H & L CHARTER COMPANY, EMPLOYEE APPRECIATION TOUR BUS 001-150-999-5250 456.00 456.00 57389 08/19/99 001697 HALL, NANCY LEE TCSD INSTRUCTOR EARNINGS 190-183-999-5330 153.60 153.60 57390 08/19/99 000186 HANKS HARDWARE INC 57390 08/19/99 000186 HANKS HARDWARE INC HARDWARE SUPPLIES - TCSD 190-180-999-5212 HARDWARE SUPPLIES - RECREATION 190-180-999-5301 717.10 225.46 942.56 57391 08/19/99 002372 HARMON, JUDY TCSD INSTRUCTOR EARNINGS 190-183-999-5330 365.20 365.20 57392 08/19/99 HART, CRYSTAL REFUND: CRC ROOM RENTAL 190-183-4990 110.00 110.00 VOUCHRE2 08/19/99 11:35 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 57393 08/19/99 001119 57394 08/19/99 000194 57394 08/19/99 000194 57394 08/19/99 000194 57394 08/19/99 000194 57394 08/19/99 000194 57395 08/19/99 001314 57396 08/19/99 001407 57397 08/19/99 000199 57398 08/19/99 002695 57399 08/19/99 003659 57399 08/19/99 003659 57400 08/19/99 003223 57401 08/19/99 57402 08/19/99 001534 57403 08/19/99 002187 57404 08/19/99 57405 08/19/99 000210 57406 08/19/99 001269 57407 08/19/99 57408 08/19/99 57408 08/19/99 57409 08/19/99 003782 57409 08/19/99 003782 57410 08/19/99 001967 57410 08/19/99 001967 57410 08/19/99 001967 57410 08/19/99 001967 57410 08/19/99 001967 57410 08/19/99 001967 57410 08/19/99 001967 57411 08/19/99 002693 VENDOR NAME HOUSTON & HARRIS PiPE C I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS IES-APA INTER VALLEY POOL SUPPL INTERNAL REVENUE SERVIC J A S PACIFIC CONSULTIN J K WEIGLE ENGINEERING J K WEIGLE ENGINEERING K E A ENVIRONMENTAL, IN KHAN, BLANCA LA MASTERS OF FINE TRAV LAKE ELSINORE ANIMAL FR LANCEm JERRI LEAGUE OF CALIF CITIES LIEBERT CASSIDTY & FRIE LLOYD, MARGARET M-A TEMEKU HILLS DEV. L M-A TEMEKU HILLS DEV. L MAIN STREET SIGNS MAIN STREET SIGNS MANPOWER TEMPORARY SERV MANPOWER TEMPORARY SERV MANPOWER TEMPORARY SERV MANPOWER TEMPORARY SERV MANPOWER TEMPORARY SERV MANPOWER TEMPORARY SERV MANPOWER TEMPORARY SERV MATROS# ANDREA CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION CITY WIDE CATCH BASIN CLEANING 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP DWTWN REVITALIZATION:8/19:STAF CRC POOL SANITIZING CHEMICALS 000199 IRS GARN JUL BUILDING INSPECTIONS SVCS AUG PRGSS:ROTARY PRK IMPROVMNT RETENTION W/H ROTARY PRK IMPRV BIOLOGICAL SVCS:PALA RD BRIDGE REFUND: LEVEL 2 SWIM LESSONS AIR:LEAGUE OF CAL:8/4:HP,HM,JM JULY ANIMAL CONTROL SERVICES REFUND: SUMMER DAY CAMP DEPUTY BUILDING OFFICIAL AD ANNUAL MEMBERSHIP: GRANT YATES REFUND: PARENT/ME SWIM LESSONS OVERPAYMENT:MAP FEE:LD99-O32MP OVERPAYMENT:MAP FEE:LD99-O32MP MISC. SIGNS & MATERIALS:PW MISC. SIGNS & MATERIALS:PW TEMP HELP W/E 7/18 BELIAN TEMP HELP W/E 7/25 SWANSON TEMP HELP W/E 7/25 BELIAN TEMP HELP W/E 7/25 COOK TEMP HELP W/E 8/01BROMMET TEMP HELP W/E 8/01BELIAN TEMP HELP W/E 8/08 BELIAN TCSD INSTRUCTOR EARNINGS ACCOUNT NUMBER 001-164-601-5401 001-2080 165-2080 190-2080 193-2080 280-2080 001-161-999-5260 190-182-999-5250 001-2140 001-162-999-5118 210-190-162-5804 210-2035 210-165-631-5801 190-183-4975 190-180-999-5258 001-172-999-5255 190-183-4984 001-150-999-5254 001-150-999-5226 190-183-4975 001-161-4107 001-163-4152 001-164-601-5244 001-164-601-5244 001-171-999-5118 001-110-999-5118 001-171-999-5118 001-140-999-5118 001-110-999-5118 001-171-999-5118 001-171-999-5118 190-183-999-5330 ITEM AMOUNT 1,200.00 1,589.71 18.75 190.00 29.99 6.25 114.00 118.53 318.92 9,222.00 3,177.59 317.76- 1,926.98 25.00 525.00 4,921.15 75.00 468.00 207.50 30.00 9.00 180.00 166.15 103.44 452.79 63.86 464.40 185.76 179.96 481.82 458.60 369.60 PAGE 4 CHECK AMOUNT 1,200.00 1,834.70 114.00 118.53 318.92 9,222.00 2,859.83 1,926.98 25.00 525.00 4,921,15 75.00 468.00 207.50 30.00 189.00 269.59 2,287.19 369.60 VOUCHRE2 CITY OF TEMECULA 08/19/99 11:35 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 57412 08/19/99 MEYER, KENDRA REFUND:INFANT/TODDLER READING 190-183-4982 30.00 30.00 57413 08/19/99 001384 MINUTEMAN PRESS LETTERHEAD PAPER: B&S 001-162-999-5222 57413 08/19/99 001384 MINUTEMAN PRESS LETTERHEAD ENVELOPES: B&S 001-162-999-5222 57413 08/19/99 001384 MINUTEMAN PRESS QTY 2000 ENVELOPES: H.R. 001-150-999-5222 64.22 103.67 190.52 358.41 57414 08/19/99 MORIN, LEAH REFUND: SUMMER DAY CAMP 190-183-4984 65.00 65.00 57415 08/19/99 NAGGAR, MICHAEL S. REFUND: SECURITY DEPOSIT 190-2900 100.00 100.00 57416 08/19/99 000718 NATIONAL RECREATION &PA ANNUAL NRPA CF:H.PARKER:#21539 190-180-999-5258 360.00 360.00 57417 08/19/99 NOBILE, DAWN REFUND: PARENT/ME SWIM LESSONS 190-183-4975 35.00 35.00 57418 08/19/99 002139 NORTH COUNTY TIMES - AT RECRUITMENT AD:FAC.CUSTODIAN 001-150-999-5254 57418 08/19/99 002139 NORTH COUNTY TIMES - AT RECRUITMENT AD:MAINT. SUPERVSR 001-150-999-5254 57418 08/19/99 002139 NORTH COUNTY TIMES - AT RECRUITMENT AD:REC.LEADER 001-150-999-5254 57418 08/19/99 002139 NORTH COUNTY TIMES - AT RECRUITMENT AD:P/T OFFICE ASST 001-150-999-5254 76.38 78.40 60.48 78.40 293.66 57419 08/19/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-162-999-5214 57419 08/19/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 57419 08/19/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 190-180-999-5214 236.03 280.63 116.27 632.93 57420 08/19/99 002088 OLD TOWN TYPEWRITER TYPEWRITER REPAIR & MAINT:C.M. 001-110-999-5250 120.00 120.00 57421 08/19/99 003803 P E R F / POP CONFERENC P.O.P. CF:SGT ALM/SGT HERRERA 001-170-999-5261 790.00 790.00 57422 08/19/99 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 001-2122 266.29 266.29 57423 08/19/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: PW98-08 001-120-999-5256 57423 08/19/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: PW98-07 001-120-999-5256 57423 08/19/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: PW98-O1CSD 001-120-999-5256 57423 08/19/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: PA99-0301 001-161-999-5256 57423 08/19/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: PA99-0248 001-161-999-5256 57423 08/19/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: PA99-0249 001-161-999-5256 57423 08/19/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: ADVISORY 001-120-999-5256 67.68 68.15 67.68 18.25 23.00 18.00 169.50 432.26 57424 08/19/99 003155 PRICE CHOPPER INC AQUATIC SUPPLIES 190-183-999-5310 320.00 320.00 57425 08/19/99 002776 PRIME MATRIX INC JUL:SC-5001339-O:LINDEMANS 001-100-999-5208 57425 08/19/99 0027'/6 PRIME MATRIX INC AUG:SC-5001377-O:SR VAN 190-180-999-5208 57425 08/19/99 002776 PRIME MATRIX INC JUL:SC-5002330~8:CITY VAN 190-180-999-5208 57425 08/19/99 002776 PRIME MATRIX INC JUL:SC-5003948-6:INFO SYSTEM 320-199-999-5208 64.45 54.99 27.20 27.20 173.84 57426 08/19/99 003621 Q WEST L C I INTL TELEC JUL LONG DISTANCE PHONE SVCS 320-199-999-5208 30.14 30.14 57427 08/19/99 003753 QUALITY WORKERS LANDSCA COMPL.LDSCP.ON PKWY:RANCHO CAL 210-165-601-5804 57428 08/19/99 000981 R H F INC RECERTIFY RADAR SYSTEM:TEM.PD 001-170-999-5215 57428 08/19/99 000981 R H F INC REPAIR/MAINT OF RADAR EQUIP. 001-170-999-5215 57428 08/19/99 000981 R H F INC REPAIR/MAINT OF RADAR EQUIP. 001-170-999-5215 4,926.57 45.00 34.32 155.50 4,926.57 VOUCHRE2 08/19/99 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER CHECK VENDOR VENDOR ITEM ACCOUNT DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 57428 57429 57429 57429 57429 57429 57429 57429 57430 57431 08/19/99 000981 R H F INC REPAIR/MAINT OF RADAR EQUIP. 001-170-999-5215 08/19/99 000262 RANCHO CALIF WATER DIST AUG:O1-15-O2615-O:WINCH.RD LDS 210-165-683-5804 08/19/99 000262 RANCHO CALIF WATER DIST AUG:O1-OO-11000-O:MARG.RD. SP1 190-180-999-5240 08/19/99 000262 RANCHO CALIF WATER DIST AUG:O1-10-30510-O:MARG.RD.LDSC 210-165-683-5804 08/19/99 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 190-180-999-5240 08/19/99 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 191-180-999-5240 08/19/99 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 193-180-999-5240 08/19/99 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 190-180-999-5240 08/19/99 RIVERA, BERNICE REFUND: SECURITY DEPOSIT 190-2900 08/19/99 000418 RIVERSIDE CO CLERK & RE JUL APERTURE CARD DUPLICATES 001-163-999-5250 57432 08/19/99 002181 RIVERSIDE CONSTRUCTION JUN PRGS PMT#18:R.C./I15:95-12 210-2030 57432 08/19/99 002181 RIVERSIDE CONSTRUCTION JUN PRGS PMT#18:R.C./I15:95-12 280-2030 57432 08/19/99 002181 RIVERSIDE CONSTRUCTION RET.W/H PMT#18:R.C./I15:95-12 210-2035 57432 08/19/99 002181 RIVERSIDE CONSTRUCTION JUN PRGS PMT#18:R.C/I15:95-12 210-2030 57432 08/19/99 002181 RIVERSIDE CONSTRUCTION CREDIT:BILL RETENTION ADJTMNT 210-2030 57433 08/19/99 003282 RIVERSIDE CONSTRUCTION- RETENTION TO ESCROW ACCT 210-1035 57434 08/19/99 003764 ROSENSTEIN, RESA TCSD INSTRUCTOR EARNINGS 190-183-999-5330 57435 08/19/99 003479 S PARKER ENGINEERING IN JUL PRGS PMT#4:WINCH.MEDIANS 210-165-673-5804 57435 08/19/99 003479 S PARKER ENGINEERING IN JUL PRGS PMT#4:WINCH.MEDIANS 210-165-686-5804 57435 08/19/99 003479 S PARKER ENGINEERING IN RET.W/H PMT#4:WINCH. MEDIANS 210-2035 57.68 79.95 102.61 34.36 2,194.92 205.19 2,506.87 84.52 100.00 18.50 414.00 27,670.43 1,404.22- 236,697.61 236,697.61- 1,404.22 168.00 281.82 818.18 110.00- 292.50 5,208.42 100.00 18.50 26,680.21 1,404.22 168.00 990.00 57436 08/19/99 001053 SAN DIEGO ICE ARENA DAY CAMP EXCURSION:7/29/99 190-183-999-5340 435.00 435.00 57437 08/19/99 003597 SAN DIEGO PADRES TICKETS:TCSD EXCURSION:9/11/99 190-183-999-5350 57438 08/19/99 SAN DIEGO PARADISE POIN HTL:P.O.P. CF:11/13-16:~561623 001-170-999-5261 432.00 374.04 432.00 374.04 57439 08/19/99 000278 SAN DIEGO UNION TRIBUNE RECRUITMENT AD:REC.COORDINATOR 001-150-999-5254 555.14 555.14 57440 08/19/99 000645 SMART & FINAL INC RECREATION SUPPLIES FOR TCC 190-184-999-5301 57440 08/19/99 000645 SMART & FINAL INC RECREATION SUPPLIES FOR TEEN 190-183-999-5320 71.09 60.27 131.36 57441 08/19/99 000537 SO CALIF EDISON AUG:2-17-214-0428:MEADOWS PKWY 191-180-999-5319 57441 08/19/99 000537 SO CALIF EDISON AUG:2-19-184-O511:MARGARITA TC 191-180-999-5319 57441 08/19/99 000537 SO CALIF EDISON AUG:2-O6-105-O654:VARIOUS MTRS 191-180-999-5319 57441 0~/19/99 000537 SO CALIF EDISON AUG:2-18-363-1902:PAUBA RD TC1 191-180-999-5319 57441 08/19/99 000537 SO CALIF EDISON AUG:2-19-538-2262:VARIOUS MTRS 190-180-999-5240 57441 08/19/99 000537 SO CALIF EDISON AUG:2-O9-330-3030:WINCH.RD.TC1 191-180-999-5319 57441 08/19/99 000537 SO CALIF EDISON AUG:2-O9-330-3139:WINCH.RD.TC1 191-180-999-5319 57441 08/19/99 000537 SO CALIF EDISON AUG:2-OO-397-5059:COMM SVC UTL 190-180-999-5240 57441 08/19/99 000537 SO CALIF EDISON AUG:2-15-671-5518:PALA RD TC1 191-180-999-5319 57441 08/19/99 000537 SO CALIF EDISON AUG:2-OT-626-6063:R.V.SPRINGS 193-180-999-5240 57441 08/19/99 000537 SO CALIF EDISON AUG:2-O2-351-6800:VARIOUS MTRS 191-180-999-5240 57441 08/19/99 000537 SO CALIF EDISON AUG:2-O1-202-7330:VARIOUS MTRS 192-180-999-5319 158.05 71.64 1,671.63 72.34 79.43 174.12 204.84 6,761.76 139.32 12.96 38.12 26,147.51 VOUCHRE2 CITY OF TEMECULA 08/19/99 11:35 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 57441 08/19/99 000537 SO CALIF EDISON AUG:2-O1-202-7603:ARTERIAL STL 191-180-999-5319 9,483.65 57441 08/19/99 000537 SO CALIF EDISON AUG:2-10-901-7962:YUKON TCl 191-180-999-5319 154.16 57441 08/19/99 000537 SO CALIF EDISON AUG:2-OS-791-8807:VARIOUS MTRS 191-180-999-5319 4,293.27 57441 08/19/99 000537 SO CALIF EDISON AUG:2-18-O17-8972:MARG.RD.TC1 191-180-999-5319 174.56 57441 08/19/99 000537 SO CAL[F EDISON AUG:2-18-373-9903:MARGARITA 190-180-999-5240 1,984.35 57441 08/19/99 000537 SO CALIF EDISON AUG:2-18-528-9980:SANTIAGO RD 191-180-999-5319 194.52 51,816.23 57442 08/19/99 000926 SO CALIF EDISON REPLACE ST.LIGHTS:LA SERENA 210-165-824-5804 31,296.00 31,296.00 57443 08/19/99 001212 SO CAL[F GAS COMPANY AUG:O21-725-O775-4:SR CENTER 190-181-999-5240 23.74 57443 08/19/99 001212 SO CAL[F GAS COMPANY AUG:095-167-7907-2: STN #84 001-171-999-5240 79.47 57443 08/19/99 001212 SO CAL[F GAS COMPANY AUG:lO1-525-O950-O:TCC 190-184-999-5240 16.47 57443 08/19/99 001212 SO CAL[F GAS COMPANY AUG:133-O40-7373-O:MAINT. FAC. 340-199-702-5240 17.21 57443 08/19/99 001212 SO CAL[F GAS COMPANY AUG:181-383-8881-6:MUSEUM 190-185-999-5240 38.77 175.66 57444 08/19/99 SOCIETY FOR HUMAN RESOU ANNUAL MBRSHP:LANIER/BALLANCE 001-150-999-5226 320.00 320.00 57445 08/19/99 000519 SOUTH COUNTY PEST CONTR AUG PEST CONTROL SVCS:CABOOSE 001-170-999-5250 29.00 57445 08/19/99 000519 SOUTH COUNTY PEST CONTR AUG PEST CONTROL SVCS:SR CTR 190-181-999-5250 29.00 57445 08/19/99 000519 SOUTH COUNTY PEST CONTR PEST CONTROL SVCS:RIVERTON PRK 190-180-999-5250 59.00 117.00 57446 08/19/99 002366 STEAM SUPERIOR CARPET C CLEAN CARPETS - CITY HALL 340-199-701-5212 1,500.00 1,500.00 57447 08/19/99 000574 SUPERTONER HP TONER SUPPLIES 320-199-999-5221 301.85 57447 08/19/99 000574 SUPERTONER HP TONER SUPPLIES 320-199-999-5221 1,050.56 1,352.41 57448 08/19/99 SW RIVERSIDE CO CENTRAL REFUND: SECURITY DEPOSIT 190-2900 100.00 100.00 57449 08/19/99 003770 TECH AID TEMP HELP W/E 7/24 BRAGG 001-165-999-5118 907.20 57449 08/19/99 003770 TECH AID TEMP HELP W/E 7/31BRAGG 001-165-999-5118 907.20 1,814.40 57450 08/19/99 003665 TELCO COMMUNICATIONS GR JUL LONG DISTANCE PHONE SVCS 320-199-999-5208 1,818.66 1,818.66 57451 08/19/99 000309 TEMECULA COPIERS REPAIR COPIER @ FIRE STN 73 001-171-999-5215 75.00 75.00 57452 08/19/99 000307 TEMECULA TROPHY COMPANY TROPHIES FOR SPORTS ACTIVITIES 190-183-999-5380 1,252.92 1,252.92 57453 08/19/99 000515 TEMECULA VALLEY CHAMBER FY 99-00 FUNDING OF CHAMBER 001-111-999-5264 129,000.00 129,000.00 57454 08/19/99 TEMECULA VALLEY STARS REFUND: SECURITY DEPOSIT 190-2900 100.00 100.00 57455 08/19/99 003140 TEMECULA VALLEY TAEKWON TCSD INSTRUCTOR EARNINGS 190-183-999-5330 436.80 57455 08/19/99 003140 TEMECULA VALLEY TAEKWON TCSD INSTRUCTOR EARNINGS 190-183-999-5330 312.00 57455 08/19/99 003140 TEMECULA VALLEY TAEKWON TCSD INSTRUCTOR EARNINGS 190-183-999-5330 120.00 868.80 57456 08/19/99 003149 TERRA CAL CONSTRUCTION RET.W/H PMT FOR DEBIT MEMO 210-2035 4.00- 57456 08/19/99 003149 TERRA CAL CONSTRUCTION DEBIT:BILLING ERROR:DUCK POND 210-190-143-5804 40.00 57456 08/19/99 003149 TERRA CAL CONSTRUCTION JUL PRGS PMT#9:DUCK POND:97-17 210-190-143-5804 3,200.00 57456 08/19/99 003149 TERRA CAL CONSTRUCTION RET.W/H PMT#9:DUCK POND:97-17 210-2035 320.00- 57457 08/19/99 001545 TIME MOTION TOOLS INC TMT-11-220617 FOLDING CART 320-199-999-5242 111.95 2,916.00 VOUCHRE2 08/19/99 VOUCHER/ CHECK NUMBER 57457 57457 57457 57457 57457 57458 57459 57459 57459 57460 57461 57461 57461 57461 57461 57461 57461 57461 57461 57462 57462 57462 57462 57462 57462 57462 57463 57463 57463 57463 57463 57463 57463 57464 57465 57466 57467 11:35 CHECK DATE 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 08/19/99 VENDOR NUMBER 001545 001545 001545 001545 001545 001483 000319 000319 000319 003031 001065 001065 001065 001065 001065 001065 001065 001065 001065 000389 000389 000389 000389 000389 000389 000389 000325 000325 000325 000325 000325 000325 000325 001342 003756 001601 VENDOR NAME TIME MOTION TOOLS INC TIME MOTION TOOLS INC TIME MOTION TOOLS INC TIME MOTION TOOLS INC TIME MOTION TOOLS INC TOM DODSON & ASSOCIATES TOMARK SPORTS INC TOMARK SPORTS INC TOMARK SPORTS INC TRAFFIC CONTROL SERVICE U S C M/PEBSCO (DEF. C U S C M/PEBSCO (DEF. C U S C M/PEBSCO (DEF. C U S C M/PEBSCO (DEF. C U S C M/PEBSCO (DEF, C U S C M/PEBSCO (DEF, C U S C M/PEBSCO (DEF, C U S C M/PEBSCO (DEF, C U S C H/PEBSCO (DEF. C U S C M/PEBSCO (OBRA) U S C M/PEBSCO (OBRA) U S C M/PEBSCO (OBRA) U S C M/PEBSCO (OBRA) U S C M/PEBSCO (OBRA) U S C M/PEBSCO (OBRA) U S C M/PEBSCO (OBRA) UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY WAXIE SANITARY SUPPLY I WHITE HOUSE SANITATION WILBUR SMITH ASSOCIATES WILSON, BRENDA CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TMT-CL160 TODL BAG TMT-03-25102 DATA LINK TESTER TMT-770M LINE TRACER FREIGHT SALES TAX JUL PROF SVCS: REGIONAL CTR SAF-T SLIDER BASE SETS FREIGHT SALES TAX MISC. SUPPLIES:PW MAINT.CREWS 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000325 000325 000325 000325 000325 000325 000325 CRC MAINTENANCE SUPPLIES PORT.TOILET SVCS:BUTTERFIELD PROF SVCS:TEM.CIR.ELEM.UPDATE REFUND: TODDLER SWIM LESSONS ACCOUNT NUMBER 320-199-999-5242 320-199-999-5242 320-199-999-5242 320-199-999-5242 320-199-999-5242 001-2620 190-183-999-5380 190-183-999-5380 190-183-999-5380 001-164-601-5218 001-2080 165-2080 190-2080 193-2080 194-2080 280-2080 300-2080 320-2080 340-2080 001-2160 165-2160 190-2160 280-2160 320-2160 330-2160 340-2160 001-2120 165-2120 190-2120 280-2120 300-2120 320-2120 330-2120 190-182-999-5212 190-180-999-5250 001-2030 190-183-4975 ITEM AMOUNT 49.90 189.95 29.95 12.44 29.59 536.75 420.00 22.00 32.55 323.25 8,984.25 210.23 1,529.46 61.66 5.00 85.23 83.33 666.66 194.41 1,588.42 12.56 1,801.12 17.64 135.66 44.84 74.32 221.75 3.75 19.00 1.25 .25 4.00 5.00 57.54 200.00 3,000.00 25.00 PAGE 8 CHECK AMOUNT 423.78 536.75 474.55 323.25 11,820.23 3,674.56 255.00 57.54 200.00 3,000.00 25.00 TOTAL CHECKS 364,903.87 VOUCHRE2 08/26/99 10:36 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 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 460 CFD 88-12 DEBT SERVICE FUND TOTAL AMOUNT 187,383.37 20,845.11 38,662.76 646.91 10,038.87 243.92 822~847.41 4,775.12 212.17 5,002.55 350.41 2,066.55 1,055,294.83 2,148,369.98 VOUCHRE2 08/26/99 10:36 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 55023 55023 55023 55023 55023 55023 55023 55023 55023 55023 55023 55023 55023 55023 55023 55023 55023 55023 55023 55023 55023 55023 55287 55287 55287 55287 55287 55287 55287 55287 55287 55287 55287 55287 55287 55287 55287 55287 55287 55287 57468 57468 57469 57470 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/25/99 08/20/99 08/20/99 08/20/99 08/20/99 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000395 INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (]RS) ZNSTATAX (IRS) ZNSTATAX (IRS) ZNSTATAX (ZRS) INSTATAX (ZRS) INSTATAX (IRS) INSTATAX (IRS) ZNSTATAX (ZRS) INSTATAX (ZRS) ZNSTATAX (ZRS) INSTATAX (ZRS) INSTATAX (IRS) INSTATAX (IRS) ZNSTATAX (IRS) ZNSTATAX (ZRS) INSTATAX (ZRS) INSTATAX (IRS) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) XNSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) ZNSTATAX (EDD) ZNSTATAX (EDD) INSTATAX (EDD) ZNSTATAX (EDD) ZNSTATAX (EDD) ZNSTATAX (EDD) BRYSON, LINDA M. BRYSON, LINDA M. SUPERIOR COURT OF CALIF ECONOMIC DEVELOPMENT CO 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000444 SOl 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE REFUND: DISMISSED TICKET 29244 REFUND: DISMISSED TICKET 29244 DEPST CK INTENDED FOR COURTS 99-00 ECONOMIC DEVEL FUNDING 001-2070 165-2070 190-2070 191-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 34O-207O 001-2070 165-2070 190-2070 191-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-2070 280-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-2070 191-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-170-4055 001-2265 001-170-4055 001-111-999-5264 21,313.54 665.20 5,191.72 9.08 343.46 82.05 227.97 47.48 900.78 132.37 543.17 5,260.21 129.33 1,505.89 2.51 89.67 21.63 61.61 24.87 189.28 47.66 146.92 62.54 .84 117.39 1.18 9.04 3.00 4.96 5,802.44 192.56 932.82 1.59 64.39 15.88 70.87 14.76 202.87 30.58 114.03 295.00 55.00 30.00 20,000.00 36,936.40 7,641.74 350.00 30.00 20,000.00 VOUCHRE2 08/26/99 VOUCHER/ CHECK NUMBER 57472 57472 57473 57473 990825 57476 57477 57478 57479 57480 57480 57481 57482 57483 57484 57484 57485 57486 57487 57487 57488 57489 57490 57491 57492 57492 57493 57493 57493 57494 :C:36 CHECK VENDOR VENDOR DATE NUMBER NAME 08/20/99 001159 CALIF DEPT OF JUSTICE 08/20/99 001159 CALIF DEPT OF JUSTICE 08/20/99 000957 TEMECULA VALLEY FILM CO 08/20/99 000957 TEMECULA VALLEY FILM CO 08/25/99 003228 U S BANK TRUST NATIONAL 08/26/99 000724 A & R CUSTOM SCREEN PRI 08/26/99 003810 A A M 08/26/99 ACCOMODEX, INC. 08/26/99 001538 ALBERT GROVER & ASSOCIA 08/26/99 003706 AMBIENT AVL INC 08/26/99 003706 AMBIENT AVL INC 08/26/99 003811 AMERICAN ASSN FOR STATE 08/26/99 002696 ANIMAL AMBASSADORS, INC 08/26/99 ANN ARBOR PRESS 08/26/99 000101 APPLE ONE, INC. 08/26/99 000101 APPLE ONE, INC. 08/26/99 BABAUTA, BEVERLY 08/26/99 003814 BALLREICH, MICHAELA 08/26/99 000622 BANTA ELECTRIC-REFRIGER 08/26/99 000622 BANTA ELECTRIC-REFRIGER 08/26/99 003784 BECKER ENGINEERING 08/26/99 CA-NV SECTION, AWWA 08/26/99 000502 CALIF MUNICIPAL STATIST 08/26/99 CALiFORNiA HISTORICAL S 0~,'26/99 002534 CATERERS CAFE 08/26/99 002534 CATERERS CAFE 08/26/99 000137 CHEVRON U S A INC 08/26/99 000137 CHEVRON U S A iNC 08/26/99 000137 CHEVRON U S A 08/26/99 CHRISTMAN, TIFFANY CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PROCESSING FEE:EMPLEE PRINTS PROCESSING FEE:EMPLEE PRINTS 99-00 ECONOMIC DEVEL FUNDING ADJUSTMENT: 99 FILM FESTIVAL CFD 88-12 DEBT SERVICE PAYMENT T-SHiRTS FOR 99 SOFTBALL AWARD MEMBERSHIP:WENDELL OTT(MUSEUM) REFD:GRADING DEPST LD97-O20GR JUL TRAFFIC SIGNAL TIMING SVCS iNSTALL OLD TWN SOUND SYSTEM ADJUST OUTPUT LEVEL ON SPEAKER MEMBERSHiP:WENDELL OTT(MUSEUM) FAMILY FUN NGHT ENTERTAINMENT SPORTS FIELD MANUAL TEMP HELP W/E 7/24 WILLIAMS TEMP HELP W/E 08/14 WORTHEN REFUND: PARENT/ME SWiM LESSONS EE COMPUTER PURCHASE PRGM ELECTRICAL REPAIRS-POOL SiTE ELECTRICAL REPAIRS: CRC INSTALL DRAIN @ TEM DUCK POND RECYCLED WTR CF:HARRINGTON:OCT DEBT STATEMENT FOR THE CITY 1857 MAP OF CALIF FOR MUSEUM REFRESHMENTS:PLANNING MTG REFRESHMENTS: PLANNING MTG FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES REFUND: PARENT/ME SWIM LESSONS PAGE 2 ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 001-150-999-5250 126.00 190-180-999-5250 42.00 168.00 001-111-999-5264 59,000.00 001-1500 30,000.00- 29,000.00 460-1040 1,055,294.83 1,055,294.83 190-183-999-5380 885.71 885.71 190-185-999-5226 75.00 75.00 001-2670 995.00 995.00 001-164-602-5248 3~720.00 3~720.00 001-164-603-5212 60.00 001-164-603-5212 150.00 210.00 190-185-999-5226 75.00 75.00 190-183-999-5320 250.00 250.00 190-180-999-5228 79.95 79.95 280-199-999-5118 290.25 001-162-999-5118 412.80 703.05 190-183-4975 19.00 19.00 001-1175 1~961.16 1,961.16 190-180-999-5212 45.00 190-182-999-5212 59.50 104.50 210-190-143-5804 284.50 284.50 190-180-999-5261 70.00 70.00 001-140-999-5250 375.00 375.00 190-185-999-5301 18.00 18.00 001-161-999-5260 65.65 001-161-999-5260 70.00 135.65 001-164-604-5263 45.06 001-165-999-5263 17.89 190-180-999-5263 10.98 73.93 190-183-4975 25.00 25.00 VOUCHRE2 08/26/99 10:36 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 57495 57496 57496 57497 08/26/99 08/26/99 08/26/99 08/26/99 002147 002945 002945 003662 COMPLIMENTS COMPLAINTS CONSOLIDATED ELECTRICAL CONSOLIDATED ELECTRICAL CORT FURNITURE RENTAL DEPST:CLOWN-HALLOWEEN CARNIVAL ELECTRICAL REPAIRS: PARKS ELECT SUPPLY: 8FT LAMP SLEEVE FURNITURE RENTAL FOR INSPECTOR 190-183-999-5370 190-180-999-5212 190-180-999-5212 001'163'999'5238 225.00 33.40 6.79 372.00 225.00 40.19 372.00 57498 57499 57500 08/26/99 08/26/99 08/26/99 003671 002932 COVER, JEAN CREATIVE CONTRACTORS CROWN CARPET & DRAPERIE REFUND: SUMMER DAY CAMP PLAYGROUND REPAIRS:WINCH PARK INSTALL CARPET IN RECORDS MGMT 190-183-4984 190-180-999-5416 001-120-999-5250 125.00 9,998.09 924.00 125.00 9,998.09 924.00 57501 57502 57502 57503 57503 57503 57503 57503 57503 57504 575O5 57506 57506 57506 57506 57506 57506 57506 57506 57507 57508 57508 57508 57508 57509 57510 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 0B/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 002932 001009 001009 003210 003210 003210 003210 003210 003210 003758 003006 001380 001380 001380 001380 001380 001380 001380 001380 000165 000165 000165 000165 000166 001135 CROWN CARPET & DRAPERIE D B X INC D B X INC DALLAS MIDWEST DALLAS MIDWEST DALLAS MIDWEST DALLAS MIDWEST DALLAS MIDWEST DALLAS MIDWEST DESMOND, LISA DEWITT CUSTOM PAINTING E S E S ES ES ES E S ES ES EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC ELKINS, TAMMY FEDERAL EXPRESS INC FEDERAL EXPRESS INC FEDERAL EXPRESS INC FEDERAL EXPRESS INC FIRST AMERICAN TITLE CO FIRST CARE INDUSTRIAL M CARPET FOR 2nd FLOOR MNTC BLDG REL RETENTION: PRJT PW97-29 RETENTION FOR INV 02-RC/VIA LS 50 FOLDING CHAIRS 200 FOLDING CHAIRS FREIGHT FREIGHT SALES TAX SALES TAX FACADE IMPR PRGM:MAIN ST SALON RESIDENTIAL IMPROV: F&R LOPEZ TEMP HELP W/E 08/13 WILLIAMS TEMP HELP W/E 08/13 GORMAN TEMP HELP W/E 08/13 MILES TEMP HELP W/E 08/13 MILES TEMP HELP W/E 08/13 NILES TEMP HELP W/E 08/13 THORNSLEY TEMP HELP W/E 08/13 DEGANGE TEMP HELP W/E 08/13 HILLBERG REFUND: PICNIC SHELTER DEPOSIT EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES LOT BK REPT:27080 FALLING CRK PRE-EMPLOYMENT PHYSICALS 210-190-158-5804 210-2035 210-2035 340-199-702-5610 190-184-999-5242 190-184-999-5242 340-199-702-5610 190-184-999-5242 340-199-702-5610 280-199-813-5804 165-199-813-5804 001-162-999-5118 001-162-999-5118 001-163-999-5118 001-164-604-5118 001-165-999-5118 001-161-999-5118 001-161-999-5118 165-199-999-5118 190-2900 001-164-604-5230 001-163-999-5230 001-165-999-5230 001-162-999-5230 165-199-813-5804 001-150-999-5250 9,845.40 7,581.38 807.17' 497.50 1,990.00 437.86 85.27 150.94 29.40 1,769.00 1,300.00 1,103.52 1,890.33 324.53 324.53 324.54 1,888.56 2,608.29 822.40 100.00 11.00 21.75 48.25 33.50 150.00 535.00 9,845.40 6,7'/4.21 3,190.97 1,769.00 1,300.00 9,286.70 100.00 114.50 150.00 535.00 57511 08/26/99 000184 G T E CALIFORNIA - PAYM 909 197-0073 GENERAL USAGE 320-199-999-5208 2,006.06 57511 08/26/99 000184 G T E CALIFORNIA - PAYM 909 197-0074 GENERAL USAGE 320-199-999-5208 255.47 VOUCHRE2 CITY OF TEMECULA 08/26/99 ,3;36 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 57511 08/26/99 000184 G T E CALIFORNIA - PAYM 909 695-356/+ ALARM 320-199-999-5208 54.58 2m316.11 57512 08/26/99 002819 GARWIN & CHAN ASSOCIATE MAXELL IS-90/INSTANT START 001-161-999-5220 11.90 57512 08/26/99 002819 GARWIN & CHAN ASSOCIATE FREIGHT 001~161-999-5220 4.80 57512 08/26/99 002819 GARWIN & CHAN ASSOCIATE SALES TAX 001-161-999-5220 .92 17.62 57513 08/26/99 003794 GEORGE T HALL COMPANY I GIANT SUMP PUMP-TEM DUCK POND 190-180-999-5212 272.50 57513 08/26/99 003794 GEORGE T HALL COMPANY I FREIGHT 190-180-999-5212 11.68 57513 08/26/99 003794 GEORGE T HALL COMPANY I SALES TAX 190-180-999-5212 20.60 304.78 57514 08/26/99 002528 GLASS BLASTERS CITY MUGS FOR NEW HIRES 001-150-999-5265 34.48 34.48 57515 08/26/99 000175 GOVERNMENT FINANCE OFFI PUB:"GUIDE TO PREPARING RFP" 001-140-999-5261 55.00 55.00 57516 08/26/99 002174 GROUP 1 PRODUCTIONS DWNTWN REDEVEL VIDEO:OLD TWN 280-199-999-5250 2,000.00 2,000.00 57517 08/26/99 001517 HEALTH & HUMAN RESOURCE EMPLOYEES STRESS MGMT TRAINING 001-150-999-5261 900.00 900.00 57518 08/26/99 001351 INLAND EMPIRE ECONOMIC 99-00 ECONOMIC DEVEL FUNDING 001-111-999-5264 11m637.50 11,637.50 57519 08/26/99 001407 INTER VALLEY POOL SUPPL CRC POOL SANITIZING CHEMICALS 190-182-999-5250 177.79 177.79 57520 08/26/99 000388 INTL CONFERENCE BLDG OF 96 NAT'L ELECT CODE CF:9/01/99 001-162-999-5261 180.00 180.00 57521 08/26/99 000203 JOBS AVAILABLE INC RECRUITMENT AD:RECREATION COOR 001-150-999-5254 92.00 92.00 57522 08/26/99 000820 K R W & ASSOCIATES JULY CONSULTANT SVCS:PLAN CKS 001-163-999-5248 1,820.00 1,820.00 57523 08/26/99 002789 KIMCO STAFFING SOLUTION TEMP HELP W/E 06/13 COOK 001-120-999-5118 291.20 57523 08/26/99 002789 KIMCO STAFFING SOLUTION TEMP HELP W/E 07/25 MUELLER 001-120-999-5118 280.80 572.00 57524 08/26/99 003428 M V P TEMECULA SHUTTLE SHTL:LEAGUE CF:HM/JM:8/04/99 190-180-999-5260 57524 08/26/99 003428 M V P TEMECULA SHUTTLE SHTL:LEAGUE CF:HM/JM:8/4-6/99 190-180-999-5260 77.05 77.05 154.10 57525 08/26/99 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 7/11BELIAN 001-171-999-5118 371.52 57525 08/26/99 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 7/11BROMMET 001-150-999-5118 348.30 719.82 57526 08/26/99 002664 MAR CO INDUSTRIES INC SCRUB BRUSHES FOR FACTORY CAT 190-180-999-5215 184.62 57526 08/26/99 002664 MAR CO INDUSTRIES INC FREIGHT 190-180-999-5215 6.84 57526 08/26/99 002664 MAR CO INDUSTRIES INC SALES TAX 190-180-999-5215 14.31 205.77 57527 08/26/99 000220 MAURICE PRINTERS [NC IMPRINTS ON CIP/AOB COVERS 001-140-999-5222 145.46 145.46 57528 08/26/99 001384 MINUTEMAN PRESS BUSINESS CARDS:S.NELSON 001-110-999-5222 206.20 57528 08/26/99 001384 MINUTEMAN PRESS SALES TAX 001-110-999-5222 15.98 57528 08/26/99 001384 MINUTEMAN PRESS BUSINESS CARDS:M.WIECHEC 190-180-999-5222 38.25 57528 08/26/99 001384 MINUTEMAN PRESS SALES TAX 190-180-999-5222 2.96 57528 08/26/99 001384 MINUTEMAN PRESS BUSINESS CARDS:R.SERVEN 190-180-999-5222 38.25 57528 08/26/99 001384 MINUTEMAN PRESS SALES TAX 190-180-999-5222 2.96 304.60 57529 08/26/99 003790 MOCKINGBIRD NURSERIES I DEPOSIT:LDSC MATERIALS:PALA BR 210-165-631-5804 956.28 956.28 VOUCHRE2 08/26/99 10:36 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 57530 57531 57532 57533 57533 57534 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 001986 000233 001599 001599 003755 MUSICAL AUDIO ENVIRONM NATIONAL CREDIT AUDIT C NELSON, SHAWN NORTH COUNTY BASKETBALL NORTH COUNTY BASKETBALL OGLEBAY NORTON INDUSTRI AUG MUSIC BROADCAST:OLD TOWN ANN'L SUB:FIREHOUSE MAG:STN#12 RB:BUS.CALLS ON PERSONAL PHONE JUL BASKETBALL OFFICIAL SVCS JUL BASKETBALL FORFEIT SVCS FREIGHT CHRGS FOR INV# 90654 001-164-603-5250 001-171-999-5228 001-110-999-5208 190-183-999-5380 190-183-999-5380 190-180-999-5416 59.50 27.97 147.03 114.00 40.00 467.50 59.50 27.97 147.03 154.00 467.50 57535 57535 57535 57535 57536 57536 57537 57537 57537 57537 57537 57537 57537 57537 57537 57537 57537 57537 57537 57537 57537 57537 57537 57537 57537 57537 57537 57537 57537 57537 57537 57537 57537 57538 57538 57538 57538 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 002105 002105 002105 002105 002406 002406 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000253 000253 000253 000253 OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE PACIFIC BUSINESS INTERI PACIFIC BUSINESS INTERI PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EHPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EHPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE POSTMASTER POSTMASTER POSTMASTER POSTMASTER CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT MAR-MAY DESIGN SVCS:CITY HALL APR-JUN DESIGN SVCS:CITY HALL 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS-PRE 000246 PERS-PRE 000246 PERS-PRE 000246 PERS-PRE 000246 PERS-PRE 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR EXPRESS MAIL & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS EXPRESS MAil & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS 190-180-999-5214 190-180-999-5214 001-163-999-5214 001-163-999-5214 210-190-158-5802 210-190-158-5802 001-2390 165-2390 190-2390 191-2390 193-2390 194-2390 280-2390 300-2390 320-2390 330-2390 340-2390 001-2130 190-2130 191-2130 193-2130 194-2130 001-2390 165-2390 190-2390 191-2390 193-2390 194-2390 280-2390 300-2390 320-2390 330-2390 340-2390 001-165-999-5230 001-161-999-5230 001-120-999-5230 001-140-999-5230 72.37 25.95 351.49 219.47 747.50 520.00 25,182.30 678.42 4,092.29 12.71 429.07 115.52 293.48 124.60 658.32 135.87 504.97 100.64 11.24 2.81 33.71 8.43 86.82 1.87 15.78 .05 1.81 .41 .92 .46 1.86 .93 2.18 23.50 15.75 35.75 11.75 669.28 1,267.50 32,497.47 86.75 VOUCHRE2 CITY OF TEMECULA 08/26/99 10:36 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 57539 08/26/99 000254 PRESS ENTERPRISE COMPAN JUL RECRUIT ADS:ENG/PLN/REC/FC 001-150-999-5254 57539 08/26/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: PA98-0481 001-161-999-5256 1,263.06 22.25 1,285.31 57540 08/26/99 002110 PRIME EQUIPMENT TRAFFIC LINE REMOVER 001-164-601-5610 57540 08/26/99 002110 PRIME EQUIPMENT SALES TAX 001-164-601-5610 57540 08/26/99 002110 PRIME EQUIPMENT EQUIPMENT RENTAL:PW MAINT.CREW 001-164-601-5238 57541 08/26/99 003762 PROMEDIX.COM SUPPLIES FOR CITY MEDIC SQUAD 001-171-999-5242 57541 08/26/99 003762 PROMEDIX.COM SUPPLIES FOR CITY MEDIC SQUAD 001-171-999-5242 57541 08/26/99 003762 PROMEDIX.COM SUPPLIES FOR CITY MEDIC SQUAD 001-171-999-5242 57541 08/26/99 003762 PROMEDIX.COM SUPPLIES FOR CITY MEDIC SQUAD 001-171-999-5242 57542 08/26/99 003687 QUEST ENVIRONMENTAL REMOVE HAZ-MAT:OLD TWN PRJT 001-164-601-5430 57543 08/26/99 QUINLAN PUBLISHING GROU ANN'L SUB:ZONING BULLETIN:PLAN 001-161-999-5228 4,500.00 348.75 589.64 8,829.61 805.72 214.44 2,736.04 1,388.00 89.00 5°438.39 12,585.81 1,388.00 89.00 57544 08/26/99 000260 RAN-TEC RUBBER STAMP MF (3) STAMPS:"READ THIS NOTICE" 001-2030 57544 08/26/99 000260 RAN-TEC RUBBER STAMP MF EMPLOYEE NAME BADGE 190-180-999-5222 57544 08/26/99 000260 RAN-TEC RUBBER STAMP MF LETTERING FOR OFFICE 190-180-999-5222 57544 08/26/99 000260 RAN-TEC RUBBER STAMP MF LETTERING FOR OFFICE 190-180-999-5222 57544 08/26/99 000260 RAN-TEC RUBBER STAMP MF SALES TAX 190-180-999-5222 216.58 4.50 30.OO 15.00 3.84 269.92 57545 08/26/99 000947 RANCHO BELL BLUEPRINT C BLUEPRINT REPROD:WINCH/YNEZ RD 210-165-683-5804 57545 08/26/99 000947 RANCHO BELL BLUEPRINT C BLUEPRINT REPRO:BUTTERFIELD PK 210-190-164-5804 57545 08/26/99 000947 RANCHO BELL BLUEPRINT C BLUEPRINT REPRO:IST ST BRIDGE 280-199-807-5804 57545 08/26/99 000947 RANCHO BELL BLUEPRINT C BLUEPRINT REPRO:R.C. OFF-RAMP 210-165-605-5804 57545 08/26/99 000947 RANCHO BELL BLUEPRINT C BLUEPRINT REPRO:RC/I15 IMPROVE 210-165-605-5804 57545 08/26/99 000947 RANCHO BELL BLUEPRINT C BLUEPRINT REPRO:PW ADMIN. 001-164-604-5268 57545 08/26/99 000947 RANCHO BELL BLUEPRINT C BLUEPRINT REPRO:PALA RD/RNBW 210-165-631-5804 57545 08/26/99 000947 RANCHO BELL BLUEPRINT C BLUEPRINT REPRO:WINCH RD:98-07 210-165-697-5804 57545 08/26/99 000947 RANCHO BELL BLUEPRINT C BLUEPRINT REPRO:WINCH RD:98-07 210-165-697-5804 57545 08/26/99 000947 RANCHO BELL BLUEPRINT C BLUEPRINT REPRO:RC/I15 IMPROVE 210-165-605-5804 57546 08/26/99 000262 RANCHO CALIF WATER DIST AUG:OI-IO-306OI-I:NICOLAS RD 193-180-999-5240 57546 08/26/99 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 190-180-999-5240 57546 08/26/99 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 191-180-999-5240 57546 08/26/99 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 193-180-999-5240 57547 08/26/99 000907 RANCHO CAR WASH CITY VEHICLE DETAILING & GAS 001-162-999-5214 57547 08/26/99 000907 RANCHO CAR WASH CITY VEHICLE DETAILING 001-165-999-5214 57547 08/26/99 000907 RANCHO CAR WASH CITY VEHICLE DETAILING & GAS 001-110-999-5214 57547 08/26/99 000907 RANCHO CAR WASH CITY VEHICLE DETAILING & GAS 001-110-999-5263 57547 08/26/99 000907 RANCHO CAR WASH CITY VEHICLE DETAILING 001-163-999-5214 57547 08/26/99 000907 RANCHO CAR WASH CITY VEHICLE DETAILING & GAS 001-161-999-5214 57547 08/26/99 000907 RANCHO CAR WASH CITY VEHICLE DETAILING & GAS 001-161-999-5263 57547 08/26/99 000907 RANCHO CAR WASH CITY VEHICLE DETAILING 001-164-604-5214 57547 08/26/99 000907 RANCHO CAR WASH FUEL FOR CITY VEHICLES 001-164-604-5263 57547 08/26/99 000907 RANCHO CAR WASH CITY VEHICLE DETAILING & GAS 190-180-999-5214 57547 08/26/99 000907 RANCHO CAR WASH CITY VEHICLE DETAILING & GAS 190-180-999-5263 57548 08/26/99 000266 RIGHTWAY SEP RENTAL SVCS:RIVERTON PARK 190-180-999-5238 11.22 168.25 59.84 347.63 500.00 33.65 24.73 500.00 126.46 500.00 61.34 4,366.33 79.14 9,015.42 49.25 30.00 12.00 19.88 30.00 7.00 10.25 6.00 19.82 39.00 14.26 62.89 2,271.78 13,522.23 237.46 62.89 VOUCHRE2 CITY OF TEMECULA 08/26/99 10:36 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 57549 08/26/99 000418 RIVERSIDE CO CLERK & RE DIF NTC SATISFACTION REC. FEE 001-100-999-5250 10.00 10.00 57550 08/26/99 002181 RIVERSIDE CONSTRUCTION JUL PRGS PMT#S:MARG/OVRLD:9707 210-165-681-5804 647,645.35 57550 08/26/99 002181 RIVERSIDE CONSTRUCTION JUL C/O PMT~5:MARG/OVRLD:97-07 210-165-681-5804 116,889.12 57550 08/26/99 002181 RIVERSIDE CONSTRUCTION RET.W/H PMT#5:MARG/OVRLD:97-07 210-2035 76,453.44- 57550 08/26/99 002181 RIVERSIDE CONSTRUCTION JUL PRGS PMT#5:WINCH/YNEZ:9706 210-165-683-5804 74,019.19 57550 08/26/99 002181 RIVERSIDE CONSTRUCTION JUL PRGS PMT#5:WINCH/YNEZ:9706 210-165-683-5804 25,078.64 57550 08/26/99 002181 RIVERSIDE CONSTRUCTION JUL C/O PMT#5:WINCH/YNEZ:97-06 210-165-683-5804 26,174.62 57550 08/26/99 002181 RIVERSIDE CONSTRUCTION RET.W/H PMT#5:WXNCH/YNEZ:97-06 210-2035 12,527.25- 800,826.23 57551 08/26/99 003001 ROSS FENCE COMPANY RES.IMPROVEMENT PRG:R.CUSUMANO 165-199-813-5804 2,147.00 2,147,00 57552 08/26/99 00027/S & S ARTS & CRAFTS INC MISC. SUPPLIES:DAY CAMP 190-183-999-5340 60.18 60.18 57553 08/26/99 003805 SHAFER, ALICIA JOY TCSD INSTRUCTOR EARNINGS 190-183-999-5330 672.00 672.00 57554 08/26/99 002505 SIGNS & LUCITE PRODUCTS CITY HALL SIGNS FOR STAIRS 340-199-701-5212 128.00 57554 08/26/99 002505 SIGNS & LUCITE PRODUCTS SALES TAX 340-199-701-5212 10.15 138.15 57555 08/26/99 003548 SKY CANYON ENTERPRISES SEP HANGAR RENT:MUS.ARTIFACTS 190-185-999-5250 747.00 747.00 57556 08/26/99 000645 SMART & FINAL INC SUPPLIES FOR MOBILE RECREATION 190-180-999-5301 33.11 33.11 57557 08/26/99 000537 SO CALIF EDISON AUG:2-19-525-2143:RNBW CYN TC1 191-180-999-5319 105.49 57557 08/26/99 000537 SO CALIF EDISON. AUG:2-13-O79-2377:HWY 79 TCl 191-180-999-5319 189.64 57557 08/26/99 000537 SO CALIF EDISON AUG:2-19-111-4834:BEDFORD CT 191-180-999-5319 82.96 57557 08/26/99 000537 SO CALIF EDISON AUG:2-18-348-6315:MARG.RD.TC1 191-180-999-5319 160.93 539.02 57558 08/26/99 001212 SO CALIF GAS COMPANY AUG:O91-O24-9300-5:CRC 190-182-999-5240 670.37 670.37 57559 08/26/99 003467 SPECTRUM POOL PRODUCTS ADA STEPS FOR TES POOL 190-180-999-5301 1,511.25 57559 08/26/99 003467 SPECTRUM PODL PRODUCTS FREIGHT 190-180-999-5301 172.32 57560 08/26/99 002015 STAR WAY PRODUCTIONS SOUND TECH:SUMMER CONCERT:7/18 190-183-999-5320 500.00 57560 08/26/99 002015 STAR WAY PRODUCTIONS SOUND TECH:SUMMER CONCERT:8/15 190-183-999-5320 450.00 57560 08/26/99 002015 STAR WAY PRODUCTIONS SOUND TECH:JON LASKIN BAND 190-183-999-5320 500.00 57561 08/26/99 002366 STEAM SUPERIOR CARPET C CARPET CLEANING SVCS:SR CENTER 190-181-999-5212 80.00 57562 08/26/99 000574 SUPERTONER AUG LASER PRINTER MAINTENANCE 320-199-999-5215 625.00 57563 08/26/99 003599 T Y LIN INTERNATIONAL JUL FOUND.REDESIGN:OVRLND:9511 210-165-604-5801 715.00 57564 08/26/99 000305 TARGET STORE SUPPLIES FOR MOBILE RECREATION 190-180-999-5301 22.78 57564 08/26/99 000305 TARGET STORE MISC. RECREATION SUPPLIES 190-180-999-5301 140.19 57564 08/26/99 000305 TARGET STORE RECREATION SUPPLIES:DAY CAMP 190-183-999-5340 44.13 57564 08/26/99 000305 TARGET STORE SUPPLIES FOR MOBILE RECREATION 190-180-999-5301 43.58 57565 08/26/99 003626 TEMECULA GARDENS LP SECURITY DEPST:RENT PRORATIONS 165-2285 8,394.00 57565 08/26/99 003626 TEMECULA GARDENS LP SECURITY DEPST:RENT PRORATIONS 165-2030 7,216.95 1,683.57 1,450.00 80.00 625.00 715.00 250.68 14,757.49 VOUCHRE2 08/26/99 VOUCHER/ CHECK NUMBER 57566 57567 57567 57567 57567 57567 57567 57568 57569 57570 57570 57571 57571 10:36 CHECK DATE 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 08/26/99 VENDOR NUMBER 003140 001545 001545 001545 001545 001545 001545 000332 001881 001881 002092 002092 VENDOR NAME TEMECULA VALLEY TAEKWON TIME MOTION TOOLS INC TIME MOTION TOOLS INC TIME MOTION TOOLS INC TIME MOTION TOOLS INC TIME MOTION TOOLS ]NC TIME MOTION TOOLS ]NC TITAN ENGINEERING, INC. VANDORPE CNOU ASSOCIATE WATER SAFETY PRODUCTS I WATER SAFETY PRODUCTS I WINTER GRAPHICS SOUTH WINTER GRAPHICS SOUTH CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TCSD INSTRUCTOR EARNINGS TMT-B8176 110 BLADE FREIGHT SALES TAX REVERSIBLE PHILLIP SCREWDRIVER FREIGHT SALES TAX REFUND: SECURITY DEPOSIT JUL PLAN CHECK SERVICES BASIC HIP PAK W/LIFEGUARD LOGO FREIGHT BANNER DESIGN SALES TAX ACCOUNT NUMBER 190-183-999-5330 320-199-999-5242 320-199-999-5242 320-199-999-5242 320-199-999-5242 320-199-999-5242 320-199-999-5242 190-2900 001-162-999-5248 190-183-999-5310 190-183-999-5310 001-111-999-5271 001-111-999-5271 ITEM AMOUNT 80.00 41.00 3.93 3.18 43.80 3.99 3.39 100.00 22,782.44 60.00 6.00 450.00 34.87 PAGE 8 CHECK AMOUNT 80.00 99.29 100.00 22,782.44 66.00 484.87 TOTAL CHECKS 2,148,369.98 VOUCHRE2 09/02/99 16:43 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 13 FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 261 CFD 88-12 ADMIN EXPENSE FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 470 CFD 98-1 DEBT SERVICE FUND 471 CFD 98-1ADMIN EXPENSE FUND AMOUNT 135,546.10 21,349.09 44,333.37 593.73 2,062.26 323.76 16,055.98 500,00 7,719.85 363.97 12,413.47 3,989.40 10,380.55 445,802.00 459.00 TOTAL 701,892.53 VOUCHRE2 CITY OF TEMECULA 09/02/99 16:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 36433 09/08/99 000283 INSTATAX (IRS) 000283 FEDERAL 36433 09/08/99 000283 INSTATAX (IRS) 000283 FEDERAL 36433 09/08/99 000283 INSTATAX (IRS) 000283 FEDERAL 36433 09/08/99 000283 INSTATAX (IRS) 000283 FEDERAL 36433 09/08/99 000283 INSTATAX (IRS) 000283 FEDERAL 36433 09/08/99 000283 INSTATAX (IRS) 000283 FEDERAL 36433 09/08/99 000283 INSTATAX (IRS) 000283 FEDERAL 36433 09/08/99 000283 INSTATAX (IRS) 000283 FEDERAL 36433 09/08/99 000283 INSTATAX (IRS) 000283 FEDERAL 36433 09/08/99 000283 INSTATAX (IRS) 000283 FEDERAL 36433 09/08/99 000283 INSTATAX (IRS) 000283 FEDERAL 36433 09/08/99 000283 INSTATAX (IRS) 000283 MEDICARE 36433 09/08/99 000283 INSTATAX (IRS) 000283 MEDICARE 36433 09/08/99 000283 INSTATAX (IRS) 000283 MEDICARE 36433 09/08/99 000283 INSTATAX (IRS) 000283 MEDICARE 36433 09/08/99 000283 INSTATAX (IRS) 000283 MEDICARE 36433 09/08/99 000283 INSTATAX (IRS) 000283 MEDICARE 36433 09/08/99 000283 INSTATAX (IRS) 000283 MEDICARE 36433 09/08/99 000283 INSTATAX (IRS) 000283 MEDICARE 36433 09/08/99 000283 INSTATAX (IRS) 000283 MEDICARE 36433 09/08/99 000283 INSTATAX (IRS) 000283 MEDICARE 36433 09/08/99 000283 INSTATAX (IRS) 000283 MEDICARE 36723 09/08/99 000444 INSTATAX (EDD) 000444 SDI 36723 09/08/99 000444 INSTATAX (EDD) 000444 SDI 36723 09/08/99 000444 INSTATAX (EDD) 000444 SDI 36723 09/08/99 000444 INSTATAX (EDD) 000444 SDI 36723 09/08/99 000444 INSTATAX (EDD) 000444 SDI 36723 09/08/99 000444 INSTATAX (EDD) 000444 SDI 36723 09/08/99 000444 INSTATAX (EDD) 000444 SDI 36723 09/08/99 000444 INSTATAX (EDD) 000444 STATE 36723 09/08/99 000444 INSTATAX (EDD) 000444 STATE 36723' 09/08/99 000444 INSTATAX (EDD) 000444 STATE 36723 09/08/99 000444 INSTATAX (EDD) 000444 STATE 36723 09/08/99 000444 INSTATAX (EDD) 000444 STATE 36723 09/08/99 000444 INSTATAX (EDD) 000444 STATE 36723 09/08/99 000444 INSTATAX (EDD) 000444 STATE 36723 09/08/99 000444 INSTATAX (EDD) 000444 STATE 36723 09/08/99 000444 INSTATAX (EDD) 000444 STATE 36723 09/08/99 000444 INSTATAX (EDD) 000444 STATE 36723 09/08/99 000444 INSTATAX (EDD) 000444 STATE 57572 08/30/99 000869 LAWRENCE WELK RESORT TH EXCURSION - WELK'S THEATRE 001-2070 165-2070 190-2070 191-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-2070 191-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-2070 280-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-2070 191-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 190-183-999-5350 22,326.20 661.99 4,763.67 9.08 338.01 82.05 245.13 47.47 756.63 128.39 425.38 5,451.25 135.61 1,403.74 2.50 88.31 21.64 62.28 24.87 161.28 49.74 126.50 59.97 .79 97.96 .19 4.22 3.56 4.59 6,154.34 191.64 905.20 1.59 62.85 15.88 72.78 14.76 174.05 28.21 81.39 225.60 37,311.72 7,873.97 225.60 57573 08/30/99 002998 BRUNSWICK CAL OAKS BOWL DAY CAMP EXCURSION: CRC 190-183-999-5340 157.50 157.50 57574 08/30/99 003626 TEMECULA GARDENS LP 57574 08/30/99 003626 TEMECULA GARDENS LP 57574 08/30/99 003626 TEMECULA GARDENS LP 990827 08/27/99 003228 U S BANK TRUST NATIONAL SECURITY DEPST:RENT PRORATIONS SECURITY DEPST:RENT PRORATIONS PMT OF INV# 1494A CFD 98-1 DEBT SERVICE PAYMENT 165~2285 165-2030 165-1270 470-1040 8,394.00 7,216.95 853.46- 445,802.00 14,757.49 445,802.00 VOUCHRE2 CITY OF TEMECULA 09/02/99 16:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 57577 09/02/99 003552 A F L A C 003552 CANCER 001-2330 57577 09/02/99 003552 A F I A C 003552 EXP PROT 001-2330 57577 09/02/99 003552 A F L A C 003552 EXP PROT 190-2330 57577 09/02/99 003552 A F L A C 003552 EXP PROT 300-2330 57577 09/02/99 003552 A F L A C 003552 HOSP IC 001-2330 57577 09/02/99 003552 A F L A C 003552 STD 001-2330 57577 09/02/99 003552 A F L A C 003552 STD 190-2330 57577 09/02/99 003552 A F L A C 003552 STD 300-2330 234.50 189.23 55.80 5.47 17.50 670.40 112.00 8.00 1,292.90 57578 09/02/99 000116 A V P VISION PLANS 000116 AVP 001-2310 57578 09/02/99 000116 A V P VISION PLANS 000116 AVP 190-2310 57578 09/02/99 000116 A V P VISION PLANS 000116 AVP 340-2310 57578 09/02/99 000116 A V P VISION PLANS COBRA SEPT 99 GREEK 001-1180 624.53 29.75 18.58 18.58 691.44 57579 09/02/99 002278 ABC SEWING & VACUUM REPAIRS TO STATION#84 VACUUM 001-171-999-5250 56.36 56.36 57580 09/02/99 ADAMS, AARON REIMB:EXECUTIVE LEADERSHIP CF 001-110-999-5261 243.38 243.38 57581 09/02/99 003802 ADOLF KIEFER & ASSOCIAT LIFEGUARD PROFILE SHORT 190-183-999-5310 57581 09/02/99 003802 ADOLF KIEFER & ASSOCIAT LIFEGUARD T-SHIRTS 190-183-999-5310 57581 09/02/99 003802 ADOLF KIEFER & ASSOCIAT FOX 40 CLASSIC WHISTLE 190-183-999-5310 57581 09/02/99 003802 ADOLF KIEFER & ASSOCIAT NYLON LANYARD 190-183-999-5310 57581 09/02/99 003802 ADOLF KIEFER & ASSOCIAT FREIGHT 190-183-999-5310 264.00 529.00 105.00 25.50 18.52 942.02 57582 09/02/99 001916 ALBERT A WEBB ASSOCIATE 97-98 PAVEMENT REHABILITATION 210-2030 57582 09/02/99 001916 ALBERT A WEBB ASSOCIATE JULY CONSULTING SVCS:CFD 88-12 261-199-999-5250 57582 09/02/99 001916 ALBERT A WEBB ASSOCIATE JULY CONSULTING SVCS:CFD 98-1 471-199-999-5250 4,685.19 500.00 459.00 5,644.19 57583 09/02/99 003688 ALTIMA SOLUTIONS HP LASERJET 8500N PRINTER 320-1970 57583 09/02/99 003688 ALTIMA SOLUTIONS FREIGHT 320-1970 57583 09/02/99 003688 ALTIMA SOLUTIONS SALES TAX 320-1970 6,250.00 95.00 484.38 6,829.38 57584 09/02/99 003789 AMERICAN BUSINESS FORMS CERTIFICATES OF OCCUPANCY 57584 09/02/99 003789 AMERICAN BUSINESS FORMS SALES TAX 001-162-999-5222 001-162-999-5222 200.20 15.52 215.72 57585 09/02/99 000110 AMERICAN BUSINESS SYSTE (4) POSTAGE METER TAPES 57585 09/02/99 000110 AMERICAN BUSINESS SYSTE FREIGHT 57585 09/02/99 000110 AMERICAN BUSINESS SYSTE SALES TAX 330-199-999-5220 330-199-999-5220 330-199-999-5220 52.00 5.~ 4.03 61.76 57586 09/02/99 000101 APPLE ONE, INC. 57586 09/02/99 000101 APPLE ONE, INC. TEMP HELP W/E 08/14 KLOHE TEMP HELP W/E 08/21WORTHEN 001-140-999-5118 001-162-999-5118 52.00 304.44 356.44 57587 09/02/99 003763 APPRAISALS ASAP APPRAISAL FOR 41880 SIXTH ST. 165-199-999-5250 300.00 300.00 57588 09/02/99 001323 ARROWHEAD WATER INC 57588 09/02/99 001323 ARROWHEAD WATER INC 57588 09/02/99 001323 ARROWHEAD WATER INC BOTTLED WATER SVCS: MNTC FAC BOTTLED WATER SVCS: CRC BOTTLED WATER SVCS: CITY HALL 340-199-701-5250 190-182-999-5250 340-199-701-5250 101.07 47.80 316.16 465.03 57589 09/02/99 002648 57589 09/02/99 002648 57589 09/02/99 002648 AUTO CLUB OF SOUTHERN C AUTO CLUB OF SOUTHERN C AUTO CLUB OF SOUTHERN C ANNUAL MEMBERSHIP: S.NELSON ANNUAL MEMBERSHIP: B.McKEON ANNUAL MEMBERSHIP: R.SERVEN 001-110-999-5214 001-162-999-5214 190-180-999-5214 53.00 53.00 53.00 VOUCHRE2 09/02/99 16:43 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 57589 57589 57590 57591 57591 57591 57592 57593 57594 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 002648 002648 000122 000622 000622 000622 002541 003788 AUTO CLUB OF SOUTHERN C AUTO CLUB OF SOUTHERN C B S N SPORTS BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BECKER, WALTER KARL BECKHAM, BARBARA BERCK'S OLD TIME PLUMBI ANNUAL MEMBERSHIP: M.MUNOZ ANNUAL MEMBERSHIP: K.CUMMINGS TEEN/GAME AREA EQUIPMENT DEDICATED POWER TO REFRIGERATR ELECTRICAL REPAIRS:CITY HALL CONNECT VIDEO ROOM ELECT PANEL R&R SIDEWALK DRAIN:CALLE KATHR REFUND: HATHA YOGA RESIDENTIAL IMPROVEMENT: KAZEN 190-180-999-5214 001-171-999-5214 190-182-999-5301 001-171-999-5212 340-199-701-5212 320-199-999-5250 001-164-601-5402 190-183-4982 165-199-813-5804 53.00 53.00 67.06 385.00 175.00 1,530.00 3,000.00 30.00 300.00 265.00 67.06 2,090.00 3,000.00 30.00 300.00 57595 57596 57597 57598 57598 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 002377 001006 BEST BUY COMPANY INC BOLDUC, SUSAN BURTRONICS BUSINESS SYS C & N ENTERPRISES C & N ENTERPRISES EE COMPUTER PRGM: MARIO MUNOZ REFUND: TODDLER SWIM LESSONS SVC CONTRACT:READER & PRINTER HOLSTER FOR STALKER RADAR TAX 001-1175 190-183-4975 330-199-999-5217 001-170-999-5242 001-170-999-5242 1,799.93 20,00 2,825.64 95.00 7.36 1,799.93 20.00 2,825.64 102.36 57599 57599 57599 57599 57599 57599 57599 57599 57599 57599 57599 57599 57599 57599 57599 57599 57599 57599 57599 57599 57599 57599 57601 57601 57601 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003769 003769 003769 C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA CAL OLYMPIC SAFETY CAL OLYMPIC SAFETY CAL OLYMPIC SAFETY 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD 4 STAR SHORT JACKET/FLUORESCNT FREIGHT SALES TAX 001-2380 165-2380 190-2380 191-2380 193-2380 194-2380 280-2380 300-2380 320-2380 330-2380 340-2380 001-2500 165-2500 190-2500 191-2500 193-2500 194-2500 280-2500 300-2500 320-2500 330-2500 340-2500 001-164-601-5243 001-164-601-5243 001-164-601-5243 1,357.88 37.20 229.37 ,75 25.85 6.63 16.41 7.12 37.35 8.08 28.62 1,895.38 51.94 320.17 1.05 36.07 9.25 22.90 9.94 52.14 11.28 39.95 179.90 5.81 13.94 4,205.33 199.65 VOUCHRE2 CITY OF TEMECULA 09/02/99 16:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAHE DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 57602 09/02/99 000413 CALIF DEPT OF FISH & GA PERMIT FEE:IST ST BRIDGE:95-08 280-199-807-5801 1,191.00 1,191.00 57603 09/02/99 CALIF FAMILY LIFE CENTE REFUND: SECURITY DEPOSIT 190-2900 57603 09/02/99 CALIF FAMILY LIFE CENTE REFUND: SECURITY DEPOSIT 190-2900 100.00 100.00 200.00 57604 09/02/99 003629 CALTROP ENGINEERING COR AUG PROF SVCS:PALA BRIDGE:9715 210-165-631-5801 2,494.00 2,494.00 57605 09/02/99 003554 CANADA LiFE ASSURANCE C 003554 LIFE INS 001-2360 583.38 57605 09/02/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 165-2360 13.01 57605 09/02/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 190-2360 110.34 57605 09/02/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 191-2360 .33 57605 09/02/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 193-2360 12.52 57605 09/02/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 194-2360 2.92 57605 09/02/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 280-2360 6.49 57605 09/02/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 300-2360 3.24 57605 09/02/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 320-2360 13.00 57605 09/02/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 330-2360 6.50 57605 09/02/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 340-2360 15.27 767.00 57606 09/02/99 002534 CATERERS CAFE REFRESHMENTS FOR STAFF MTG 001-162-999-5261 90.91 57606 09/02/99 002534 CATERERS CAFE PROFESSIONAL MTG REFRESHMENTS 001-161-999-5260 10.20 101.11 57607 09/02/99 002989 CLEAR IMAGE W%NDOW CLEA CLEAN FRONT CANOPY @ CITY HALL 340-199-701-5250 45.00 45.00 57608 09/02/99 001193 COMP U S A INC VARIOUS COMPUTER SUPPLIES 320-199-999-5221 698.80 698.80 57609 09/02/99 002571 CONCHOLA, BARBARA 09/24 DJ SVCS AT SR. CENTER 190-181-999-5301 100.00 100.00 57610 09/02/99 001014 COUNTRY SIGNS & DESIGNS 3 OLD TWN PUBLIC PRKING SIGNS 280-199-999-5362 1,631.37 1,631.37 57611 09/02/99 002631 COUNTS UNLIMITED INC TRAFFIC COUNT CENSUS: VARIOUS 001-164-602-5250 4,280.00 57612 09/02/99 CRONK, MARION REFUND: CALLIGRAPHY 190-183-4982 68.00 4,280.00 68.00 57613 09/02/99 001233 DANS FEED & SEED INC PROPANE GAS FOR PW MAINTENANCE 001-164-601-5218 15.48 15.48 57614 09/02/99 003006 DEWlTT CUSTOM PAINTING RESIDENTIAL IMPROVEMENT:HELLER 165-199-813-5804 1,200.00 57615 09/02/99 002954 DIAMOND GARAGE DOOR INC RESIDENTIAL IMPROVEMENT: SALAS 165-199-813-5804 1,000.00 57616 09/02/99 003699 DIRECT SAFETY COMPANY FRUIT PUNCH SQWINCHER:FAST PAC 190-180-999-5250 47.30 57616 09/02/99 003699 DIRECT SAFETY COMPANY FREIGHT 190-180-999-5250 9.47 1,200.00 1,000.00 56.77 57617 09/02/99 003754 DOWNTOWN PROMOTION REPO ONE YEAR SUBSCRIPTION 280-199-999-5228 129.00 129.00 57618 09/02/99 DUVALL, MICHELE REFUND: SECURITY DEPOSIT 190-2900 100.00 100.00 57619 09/02/99 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 08/13 MENDOZA 330-199-999-5118 541.45 57619 09/02/99 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 08/13 MENDOZA 340-199-701-5118 309.40 57619 09/02/99 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 08/13 MENDOZA 340-199-702-5118 132.60 983.45 VOUCHRE2 CITY OF TEMECULA 09/02/99 16:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 57620 09/02/99 002390 EASTERN MUNICIPAL WATER AUG PRGS PMT:OVRLND SEWER RELO 210-165-604-5804 1,180.82 1,180.82 57621 09/02/99 002060 EUROPEAN DELI& CATERIN LUNCH FOR PROF MTG @ MUSEUM 190-180-999-5260 101.82 101.82 57622 09/02/99 002037 EXPANETS COMPUTER EQUIP REPAIRS 320'199'999-5215 57622 09/02/99 002037 EXPANETS COMPUTER EQUIP REPAIRS 320-199-999-5215 48.00 48.00 96.00 57623 09/02/99 000478 FAST SIGNS 57623 09/02/99 000478 FAST SIGNS TEM VLLY MUSEUM:OCCUPANCY SIGN 190-185-999-5250 SALES TAX 190-185-999-5250 46.00 3.57 49.57 57624 09/02/99 001989 FOX NETWORK SYSTEMS INC WEB DESIGN CONSULTING SVCS 320-199-999-5248 826.50 826.50 57625 09/02/99 000184 G T E CALIFORNIA - PAYM 909 506-6506 JEFF STONE 57625 09/02/99 000184 G T E CALIFORNIA - PAYM 909 676-3526 FIRE ALARM 320-199-999-5208 320-199-999-5208 25.07 81.45 106.52 57626 09/02/99 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES-LOW/HOD & RDA 165-199-999-5220 57626 09/02/99 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES-LOW/HOD & RDA 280-199-999-5220 57626 09/02/99 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES-LOW/MOD & RDA 165-199-999-5220 57626 09/02/99 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES-LO~/MOD & RDA 280-199-999-5220 125.00 125.00 76.61 76.62 403.23 57627 09/02/99 001609 GREATER ALARM COMPANY I ALARM MONITORING @ STOREFRONT 001-170-999-5229 55.50 55.50 57628 09/02/99 002174 GROUP 1 PRODUCTIONS MOBILE RECREATION PRGM VIDEO 190-180-999-5254 800.00 800.00 57629 09/~12/99 GUTIERREZ, MARIA REFUND:SPECIAL EVENT INSURANCE 300-2180 87.18 87.18 57630 09/02/99 001517 HEALTH & HUMAN RESOURCE EMPLOYEE ASSISTANCE PROGRAM 001-150-999-5248 427.05 427.05 57631 09/02/99 002107 HIGHMARK INC 002107 VL REVER 001-2510 57631 09/02/99 002107 HIGHMARK INC 002107 VOL LIFE 001-2510 57631 09/02/99 002107 HIGHMARK INC 002107 VOL LIFE 190-2510 57631 09/02/99 002107 HIGHMARK INC 002107 VOL LIFE 193-2510 57631 09/02/99 002107 HIGHMARK INC 002107 VOL LIFE 194-2510 57631 09/02/99 002107 HIGHMARK INC 002107 VOL LIFE 340-2510 57631 09/02/99 002107 HIGHMARK INC 002107 VL ADVAN 001-2510 57631 09/02/99 002107 HIGHMARK INC 002107 VOL LIFE 001-2510 57631 09/02/99 002107 HIGHMARK INC 002107 VOL LIFE 190-2510 57631 09/02/99 002107 HIGHMARK INC 002107 VOL LIFE 193-2510 57631 09/02/99 002107 HIGHMARK INC 002107 VOL LIFE 194-2510 57631 09/02/99 002107 HIGHMARK INC 002107 VOL LIFE 340-2510 212.45- 193.75 11.37 2.22 .74 4.37 218.25 199.55 11.37 2.22 .74 4.37 436.50 57632 09/02/99 001013 HINDERLITER DE LLAMAS & 3RD QTR SALES TAX CONSULT SVCS 001-140-999-5248 57632 09/02/99 001013 HINDERLITER DE LLAMAS & SALES TAX FINDER FEES 001-140-999-5248 57633 09/02/99 HOAGLAND, JOHN REFUND: HATHA YOGA 190-183-4982 900.00 755.53 121.00 1,655.53 121.00 57634 09/02/99 HULING, HARRIET REFUND:EXCURSION-PADRES 190-183-4986 42.00 42.00 57635 09/02/99 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 001-2080 1,796.90 57635 09/02/99 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 165-2080 250.00 57635 09/02/99 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 190-2080 246.00 VOUCHRE2 CITY OF TEMECULA 09/02/99 16:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 57635 09/02/99 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 193-2080 30.00 57635 09/02/99 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 280-2080 100.13 57636 09/02/99 001407 INTER VALLEY POOL SUPPL CRC POOL SANITIZING CHEMICALS 190-182-999-5250 213.35 2,423.03 213.35 57637 09/02/99 INTERLAKE MATERIAL HAND REFUND:OVRPMT OF FEES B99-2069 001-2660 257.50 257.50 57638 09/02/99 000199 INTERNAL REVENUE SERVIC 000199 IRS GARN 001-2140 298.42 298.42 57639 09/02/99 001186 IRWIN, JOHN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 57640 09/02/99 002695 J A S PACIFIC CONSULTIN PLAN CHECK SVCS: VARIOUS PLANS 001-162-999-5248 57640 09/02/99 002695 J A S PACIFIC CONSULTIN PLAN CHECK SVCS: VARIOiJS PLANS 001-162-999-5248 57640 09/02/99 002695 J A S PACIFIC CONSULTIN PLAN CHECK SVCS: B99-2170 001-162-999-5248 57640 09/02/99 002695 J A S PACIFIC CONSULTIN PLAN CHECK SVCS: VARIOUS PLANS 001-162-999-5248 57640 09/02/99 002695 J A S PACIFIC CONSULTIN PLAN CHECK SVCS: B99-2337/2219 001-162-999-5248 57641 09/02/99 000205 KIDS PARTIES ETC PARTY JUMP FOR HALLOWEEN EVENT 190-183-999-5370 1,116.00 334.36 632.28 248.30 932.75 381.68 100.00 1,116.00 2,529.37 100.00 57642 09/02/99 002789 KIMCO STAFFING SOLUTION TEMP HELP W/E 08/01MUELLER 001-120-999-5118 57642 09/02/99 002789 KIMCO STAFFING SOLUTION TEMP HELP W/E 08/08 MUELLER 001-120-999-5118 57642 09/02/99 002789 KIMCO STAFFING SOLUTION TEMP HELP W/E 08/15 MUELLER 001-120-999-5118 57642 09/02/99 002789 KIMCO STAFFING SOLUTION TEMP HELP W/E 08/22 MUELLER 001-120-999-5118 57643 09/02/99 000548 KIPLINGER CALIFORNIA LE NEWSLETTER: 12 MONTHS RENEWAL 001-140-999-5228 260.00 427.70 403.00 423.80 73.00 1,514.50 73.00 57644 09/02/99 003631 KLEINFELDER INC JUL GEOTECHNICAL SVCS:PALA RD 210-165-631-5801 57645 09/02/99 001085 L N CURTIS & SONS (3) 02 SENSOR 001-171-999-5242 57645 09/02/99 001085 L N CURTIS & SONS (3) HYDROGEN SULFIDE SENSOR 001-171-999-5242 57645 09/02/99 001085 L N CURTIS & SONS (2) CO SENSOR 001-171-999-5242 57645 09/02/99 001085 I N CURTIS & SONS TAX 001-171-999-5242 57645 09/02/99 001085 L N CURTIS & SONS FREIGHT 001-171-999-5242 57646 09/02/99 000380 LAIDLAW TRANSIT INC TRANSPORT DAY CAMP TO LEGOLAND 190-183-999-5340 57646 09/02/99 000380 LAIDLAW TRANSIT INC TRANSPORT DAY CAMP TO LEGOLAND 190-183-999-5340 57646 0V/02/99 000380 LAIDLAW TRANSIT INC TRANSPORT DAYCAMP TO SKATE CTY 190-183-999-5340 57646 09/02/99 000380 LAIDLAW TRANSIT INC TRANSPORT DAYCAMP TO ICE ARENA 190-183-999-5340 57646 09/02/99 000380 LAIDLAW TRANSIT INC TRANSPORT DAYCAMP TO ICE ARENA 190-183-999-5340 57647 09/02/99 000596 57648 09/02/99 57649 09/02/99 57650 09/02/99 000843 57651 09/02/99 003796 57651 09/02/99 003796 LEAGUE OF CALIF CITIES M.A. ROBINSON TRUST (TE M.A.ROBINSON TRUST (INT MCDANIEL ENGINEERING MEDIEVAL TIMES DINNER A MEDIEVAL TIMES DINNER A REGISTRATION:1999 CF:10/10-12 REIMB:FEES:R.C.0FF-RAMP:90-08 REIMB.FEES:R.C.OFF-RAMP:90-08 JUL PROF SVCS:PALA BRIDGE:9715 CHILD TICKETS/DAYCAMP EXCURS. ADULT TICKETS/DAYCAMP EXCURS. 001-164-604-5258 210-165-605-5801 210-165-605-5801 210-165-631-5802 190-183-999-5340 190-183-999-5340 1,423.00 375.00 660.00 440.00 114.32 10.00 489.11 374.05 274.14 451.32 321.33 295.00 3,031.09 1,010.36 780.35 1,244.10 312.61 1,423.00 1,599.32 1,909.95 295.00 3,031.09 1,010.36 780.35 1,556.71 VOUCHRE2 CITY OF TEMECULA 09/02/99 16:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 57652 09/02/99 MESA, EZEQUIEL REFUND: SECURITY DEPOSIT 190-2900 100.00 100.00 57653 09/02/99 003076 MET LIFE INSURANCE COMP 003076 DENTALML 001-2340 3,154.30 57653 09/02/99 003076 MET LIFE INSURANCE COMP 003076 DENTALML 165-2340 103.83 57653 09/02/99 003076 MET LIFE INSURANCE COMP 003076 DENTALML 190-2340 311.52 57653 09/02/99 003076 MET LIFE INSURANCE COMP 003076 DENTALML 193-2340 14.29 57653 09/02/99 003076 MET LIFE INSURANCE COMP 003076 DENTALML 280-2340 62.29 57653 09/02/99 003076 MET LIFE INSURANCE COMP 003076 DENTALML 300-2340 20.76 57653 09/02/99 003076 MET LIFE INSURANCE COMP 003076 DENTALML 340-2340 66,45 57653 09/02/99 003076 MET LIFE INSURANCE COMP COBRA DENTAL SEPT 99 001-1180 143.08 3,876.52 57654 09/02/99 MEYER, CAROL REFUND: MUSiC-YOUNG CHILDREN 190-183-4982 30.00 30.00 57655 09/02/99 001384 MINUTEMAN PRESS BUS.CARDS:C.ADK[SSON-FLOHR 190-180-999-5222 57655 09/02/99 001384 MINUTEMAN PRESS SALES TAX 190-180-999-5222 38.25 2.96 41.21 57656 09/02/99 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 001-170-999-5262 57656 09/02/99 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 001-164-601-5263 57656 09/02/99 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 001-110-999-5263 130.89 44.44 18.82 194.15 57657 09/02/99 002925 NAPA AUTO PARTS MISC MAINTENANCE SUPPLIES:PW 001-164-601-5218 11.05 11.05 57658 09/02/99 002139 NORTH COUNTY TIMES - AT ADVERTISEMENT:4TH OF JULY 190-180-999-5254 57658 09/02/99 002139 NORTH COUNTY TIMES - AT ADVERTISEMENT:SR CTR WORKSHOP 210-190-163-5802 57658 09/02/99 002139 NORTH COUNTY TIMES - AT DISPLAY ADS FOR COMMISSIONS 001-120-999-5254 142.82 99.97 160.68 403.47 57659 09/02/99 003780 0 M B ELECTRICAL ENGINE JUL ENG SVCS:STR LIGHTING:9508 280-199-807-5802 57660 09/02/99 OLD REPUBLIC TITLE CO. OVERPMT FEES:B99-O434:#15818DC 001-2660 3,442.75 552.88 3,442.75 552.88 57661 09/02/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 190-180-999-5214 57661 09/02/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-165-999-5214 57661 09/02/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-162-999-5214 57661 09/02/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 190-180-999-5214 57661 09/02/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 57661 09/02/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 340-199-701-5214 57661 09/02/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 190-180-999-5214 57661 09/02/99 002105 OLD TOWN TIRE & SERVICE CREDIT: BILLING ERROR 190-180-999-5214 93.91 39.95 15.95 102.84 64.11 122.71 84.18 1.00- 522.65 57662 09/02/99 002256 P & D CONSULTANTS INC JUL BLDG INSPECTOR SERVICES 001-162-999-5118 14,256.00 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 001-2090 86.61 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 165-2090 109.93 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 280-2090 36.64 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 001-2090 23.81 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 190-2090 81.52 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 CIGNA 001-2090 112.33 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 001-2090 315.48 57663 09/U2/99 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 190-2090 68.57 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 340-2090 12.71 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 KAISER 001-2090 5.76 14,256.00 VOUCHRE2 09/02/99 VOUCHER/ CHECK NUMBER 16:43 CHECK DATE VENDOR NUMBER VENDOR NAME CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 PERS REV 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 57663 0g/02/99 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 57663 0)/d2/99 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 CIGNA 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 CIGNA 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 KAISER 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 PC 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 PERS DED 57663 09/02/99 000245 PERS (HEALTH INSUR. PRE 000245 PERS-ADM 57664 09/02/99 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 09/02/99 0~/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 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 PETTY CASH PETTY CASH PETTY CASH PETTY CASH 57665 57665 57665 57665 57665 57665 57665 57665 57665 57665 57665 57665 57665 57665 57665 57665 57665 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 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 PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT ACCOUNT NUMBER 001-2090 190-2090 340-2090 001'2090 001-2090 001-2090 165-2090 190-2090 194-2090 280-2090 001-2090 190-2090 280-2090 001-2090 300-2090 001-2090 190-2090 191-2090 193-2090 194-2090 280-2090 330-2090 340-2090 001-2090 001-2090 190-2090 340-2090 001-2090 001'2090 001-2090 001-2090 001-2122 190-180-999-5222 320-199-999-5250 001'140-999-5222 001-161-999-5222 001-161-999-5220 001-140-999'5220 001-161-999-5220 280'199-999-5362 190-180-999-5301 001-164'601-5260 001-150'999-5260 190-183-999-5320 190-183-999-5310 190-183-999-5320 190-180'999-5301 190-180-999-5301 001-164-601-5250 ITEM AMOUNT 261.19 22.04 9.44 158.83 1,304.86- 852.69 217.16 268.37 67.09 72.38 1~799.11 371.72 3.29 720.19 40.84 6~327.43 1,357.83 16.44 403.82 92.08 3.55 164.41 756.76 1,648.34 5,627.31 705.65 118.97 562.00 2,545.17 1,346.13 147.27 266.29 4.85 20.20 14.55 3.02 5.87 16.17 13.27 28.23 15.45 15.00 9.53 12.64 6.47 4.32 34.97 37.52 6.69 PAGE 8 CHECK AMOUNT 26,236.00 266.29 VOUCHRE2 09/02/99 16:43 VOUCHER/ CHECK CHECK VENDOR NUMBER bATE NUMBER 57665 09/02/99 000249 57665 09/02/99 000249 57665 09/02/99 000249 57665 09/02/99 000249 57665 09/02/99 000249 57667 09/02/99 000254 57667 09/02/99 000254 57667 09/02/99 000254 57668 09/02/99 002110 57669 09/02/99 003762 57670 09/02/99 000262 57670 09/02/99 000262 57671 09/02/99 000907 57671 09/02/99 000907 57672 09/02/99 57673 09/02/99 003591 57674 09/02/99 000418 57675 09/02/99 002940 57676 09/02/99 57677 09/02/99 003001 57678 09/02/99 002743 57679 09/02/99 003801 57679 09/02/99 003801 57680 09/02/99 000403 57681 09/02/99 003734 57682 09/02/99 003804 57682 09/02/99 003804 57682 09/02/99 003804 57683 09/02/99 000645 57683 09/02/99 000645 57684 0~'/J2/99 000537 57684 09/02/99 000537 57684 09/02/99 000537 VENDOR NAME PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PRESS ENTERPRISE COMPAN PRESS ENTERPRISE COMPAN PRESS ENTERPRISE COMPAN PRIME EQUIPMENT PROMEDIX.COM RANCHO CAIlF WATER DIST RANCHO CALIF WATER DIST RANCHO CAR WASH RANCHO CAR WASH RCTOA - RVSD COMMUNITY RENES COMMERCIAL MANAGE RIVERSIDE CO CLERK & RE RIVERSIDE CO OF (GIS SY ROSAS CANTINA ROSS FENCE COMPANY SAFE & SECURE LOCKSMITH SELF'S JANITORIAL SERVI SELF'S JANITORIAL SERVI SHAWN SCOTT POOL & SPA SHERWOOD, ALAN K. SKYHAWKS SPORTS ACADEMY SKYHAWKS SPORTS ACADEMY SKYHAWKS SPORTS ACADEHY SMART & FINAL INC SMART & FINAL INC SO CAL]F EDISON SO CALIF EDZSON SO CAL[F EDISON CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PUBLIC NOTICE:99-20 PUBLIC NOTICE:8-12-020 PUBLIC NOTICE:94-08 RENTAL EQUIPMENT:PW MAINT CREW SUPPLIES FOR CITY MEDIC SQUAD AUG:O1-99-O2003-O:DUCK POND AUG:O2-79-10100-1:NW SPORTS PK CITY VEHICLE DETAIL]NG& GAS CITY VEHICLE DETAILING & GAS ENROLLMNT:PREVENTIN 1C:WINDSOR R-O-W WEED SPRAYING:RNBW CYN WEED ABATEMENT RECORDING FEE 3RD QTR PERIOD 1 GIS SERVICES OVERPAYMENT OF FEES:B99-1728 RES.IMPROVEMENT PRGM:R.LOPEZ LOCKSMITH SVCS:SAM HICKS PARK AUG CUSTODIAL SVC:PARKS/6TH ST AUG CUSTODIAL SVC:PARKS/6TH ST AUG POOL MAINTENANCE:TES TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS SUPPLIES FOR AQUATICS RECREATION SUPPLIES FOR TCC AUG:2-11-OO7-O455:6TH ST AUG:2-14-204-1615:FRNT ST RD]O AUG:2-19-184-1824:R.C.TC1 ACCOUNT NUMBER 001-171-999-5220 190-183-999-5340 190-180-999-5301 190-182-999-5301 190-180-999-5220 001-120-999-5256 001-120-999-5256 001-120-999-5256 001-164-601-5238 001-171-999-5242 190-180-999-5240 190-1270 340-199-701-5214 340-199-701-5263 001-171-999-5261 001-164-601-5402 001-162-999-5440 001-2030 001-2660 165-199-813-5804 190-180-999-5212 190-180-999-5250 001-164-603-5250 190-180-999-5212 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-183-999-5310 190-184-999-5301 001-164-603-5240 340-199-701-5240 191-180-999-5319 ITEM AMOUNT 14.35 21.52 7.53 14.00 17.21 9.50 9.00 7.25 134.57 149.98 5,032.43 415.29 6.00 9.23 95.00 2,500.00 10.00 709.26 101.25 1,298.00 50.00 2,117.50 192.50 727.80 120.00 512.00 2~448.00 256.00 133.58 16.34 402.03 21.03 161.42 PAGE 9 CHECK AMOUNT 323.36 25.75 134.57 149.98 5,447.72 15.23 95.00 2,500.00 10.00 709.26 101.25 1,298.00 50.00 2,310.00 727.80 120.00 3,216.00 149.92 VOUCHRE2 09/02/99 16:43 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 10 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 57684 09/02/99 000537 SO CALIF EDISON 57684 09/02/99 000537 SO CALIF EDISON 57684 09/02/99 000537 SO CALIF EDISON 57684 09/02/99 000537 SO CALIF EDISON 57684 09/02/99 000537 SO CALIF EDISON 57684 09/02/99 000537 SO CALIF EDISON 57684 09/02/99 000537 SO CALIF EDISON 57684 09/02/99 000537 SO CALIF EDISON 57684 09/02/99 000537 SO CALIF EDISON 57684 09/02/99 000537 SO CALIF EDISON 57684 09/02/99 000537 SO CALIF EDISON 57684 09/02/99 000537 SO CALIF EDISON 57684 09/02/99 000537 SO CALIF EDISON 57684 09/02/99 000537 SO CALIF EDISON 57684 09/02/99 000537 SO CALIF EDISON 57684 09/02/99 000537 SO CALIF EDISON 57685 09/02/99 000519 SOUTH COUNTY PEST CONTR AUG:2-18-937-3152:MORENO RD AUG:2-19-683-3263:FRONT ST PED AUG:2-O2-351-4946:SR CTR AUG:2-OO-397-5042:CITY HALL AUG:2-OO-397-5067:VAR]OUS MTRS AUG:2-OO-397-5067:VAR]OUS MTRS AUG:2-18*O49-6416:FRONT ST PED AUG:2-19-321-6512:HWY 79 AUG:2-18-555-7006:MORENO RD TC AUG:2-18-799-7911:MORENO RD TC AUG:2-02-502-8077: MNTC FAC AUG:2-19-171-8568:WEDD.CHAPEL AUG:2-19-999-9442:VARIOUS MTRS AUG:2-19-999-9442:VARIOUS MTRS AUG:2-18-589-9739:VARIOUS MTRS AUG:64-77-350-1600-91:MCCABE 190-185-999-5240 001-164-603-5319 190-181-999-5240 340-199-701-5240 191-180-999-5240 193-180-999-5240 001-164-603-5319 191-180-999-5319 191-180-999-5319 191-180-999-5319 340-199-702-5240 190-185-999-5240 193-180-999-5240 191-180-999-5319 191-180-999-5319 190-180-999-5240 AUG PEST CONTROL SVC:MAINT FAC 340-199-702-5250 425.25 292.37 1~354.41 5,782.27 13.82 828.45 187.92 148.79 117.11 59.85 1,123.74 42.56 27.28 23.56 36.33 3,124.25 40.00 14,172.44 40.00 57686 09/02/99 000465 STRADLEY, MARY KATHLEEN TCSD INSTRUCTOR EARNINGS 57686 09/02/99 000465 STRADLEY, MARY KATHLEEN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 190-183-999-5330 572.00 212.00 784.00 57687 09/02/99 003599 57687 09/02/99 003599 T Y LIN INTERNATIONAL T Y LIN INTERNATIONAL 57688 09/02/99 000305 TARGET STORE 57688 09/02/99 000305 TARGET STORE 57688 09/02/99 000305 TARGET STORE 57688 09/02/99 000305 TARGET STORE 57688 09/02/99 000305 TARGET STORE 57688 09/02/99 000305 TARGET STORE 57688 09/02/99 000305 TARGET STORE 57689 09/02/99 003318 TARTAGLIA, MARIO 57690 09/02/99 001547 TEAMSTERS LOCAL 911 57690 09/02/99 001547 TEAMSTERS LOCAL 911 57690 09/02/99 001547 TEAMSTERS LOCAL 911 57690 09/02/99 001547 TEAMSTERS LOCAL 911 57690 09/02/99 001547 TEAMSTERS LOCAL 911 57690 09/02/99 001547 TEAMSTERS LOCAL 911 57690 09/02/99 001547 TEAMSTERS LOCAL 911 57691 09/02/99 003770 TECH AID 57691 09/02/99 003770 TECN AID 57692 09/02/99 000642 TEMECULA CITY FLEXIBLE 57692 09/02/99 000642 TEMECULA CITY FLEXIBLE 57692 09/02/99 000642 TEMECULA CITY FLEXIBLE 57692 09/02/99 000642 TEMECULA CITY FLEXIBLE 57692 09/02/99 000642 TEMECULA CITY FLEXIBLE JUL SUPPORT SVCS:OVERLAND:9511 JUL PROF SVCS:OVERLAND DR:9511 SUPPLIES FOR MOBILE RECREATION SUPPLIES FOR MOBILE RECREATION SUPPLIES FOR MOBILE RECREATION MISC SUPPLIES FOR DAY CAMP MISC OFFICE SUPPLIES:PW MISC OFFICE SUPPLIES:PW MISC OFFICE SUPPLIES:PW TCSD INSTRUCTOR EARNINGS 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES TEMP HELP W/E 8/07 BRAGG TEMP HELP W/E 8/14 BRAGG EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX 210-165-604-5804 210-165-604-5804 190-180-999-5301 190-180-999-5301 190-180-999-5301 190-183-999-5340 001-163-999-5220 001-164-604-5220 001-165-999-5220 190-183-999-5330 001-2125 190-2125 191-2125 193-2125 194-2125 320-2125 330-2125 001-165~999-5118 001-165-999-5118 001-1020 165-1020 190-1020 194-1020 330-1020 1,079.20 272.00 66.39 64.00 8.61 56.84 23.34 23.34 23.34 552.0O 492.00 65.60 1.03 12.30 3.07 20.50 20.5O 907.20 907.20 3,006.30 290.00 611.93 16.00 80,00 1,351.20 265.86 552.00 615.00 1,814.40 VOUCHRE2 CITY OF TEMECULA 09/02/99 16:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 57692 09/02/99 000642 TEMECULA CITY FLEXIBLE EMPLOYEE CONTRIBUTION TO FLEX 193-1020 57692 09/02/99 000642 TEMECULA CITY FLEXIBLE EMPLOYEE CONTRIBUTION TO FLEX 280-1020 57692 09/02/99 000642 TEMECULA CITY FLEXIBLE EMPLOYEE CONTRIBUTION TO FLEX 300-1020 57692 09/02/99 000642 TEMECULA CITY FLEXIBLE EMPLOYEE CONTRIBUTION TO FLEX 320-1020 57692 09/02/99 000642 TEMECULA CITY FLEXIBLE EMPLOYEE CONTRIBUTION TO FLEX 340-1020 57693 09/02/99 000308 TEMECULA TOWN ASSOCIATI SITE SPONSOR AGRMNT:TRACTOR RC 001-111-999-5264 57694 09/02/99 TEMEKA ADVERTISING, INC REFUND: SECURITY DEPOSIT 190-2900 113.50 190.00 10.00 350.00 5.00 10,000.00 100.00 4,672.73 10,000.00 100.00 57695 09/02/99 002452 TOP LINE INDUSTRIAL MAINTENANCE SUPPLiES:PATCH TRK 001-164-601-5214 19.40 19.40 57696 09/02/99 003031 TRAFFIC CONTROL SERVICE SUPPLIES FOR PW MAINT CREWS 57696 09/02/99 003031 TRAFFIC CONTROL SERVICE SUPPLIES FOR P~ MAINT CREWS 001-164-601-5218 001-164-601-5218 504.30 255.34 759.64 57697 09/02/99 003560 TRANSAMERICA 003560 AD&D 001-2360 57697 09/02/99 003560 TRANSAMERICA 003560 AD&D 165-2360 57697 09/02/99 003560 TRANSAMERICA 003560 AD&D 190-2360 57697 09/02/99 003560 TRANSAMERICA 003560 AD&D 191-2360 57697 09/02/99 003560 TRANSAMERICA 003560 AD&D 193-2360 57697 09/02/99 003560 TRANSAMERiCA 003560 AD&D 194-2360 57697 09/02/99 003560 TRANSAMERICA 003560 AD&D 280-2360 57697 09/02/99 003560 TRANSAMERICA 003560 AD&D 300-2360 57697 09/02/99 003560 TRANSAMERICA 003560 AD&D 320-2360 57697 09/02/99 003560 TRANSAMERICA 003560 AD&D 330-2360 57697 09/02/99 003560 TRANSAMERICA 003560 AD&D 340-2360 134.63 3.01 25.46 .08 2.90 .67 1.49 .74 3.00 1.50 3.52 177.00 57698 09/02/99 000459 TUMBLE JUNGLE FITNESS G TCSD INSTRUCTOR EARNINGS 190-183-999-5330 57698 09/02/99 000459 TUMBLE JUNGLE FITNESS G TCSD iNSTRUCTOR EARNINGS 190-183-999-5330 57698 09/02/99 000459 TUMBLE JUNGLE FITNESS G TCSD INSTRUCTOR EARNINGS 190-183-999-5330 57698 09/02/99 000459 TUMBLE JUNGLE FITNESS G TCSD INSTRUCTOR EARNINGS 190-183-999-5330 57698 09/02/99 000459 TUMBLE JUNGLE FITNESS G TCSD iNSTRUCTOR EARNINGS 190-183-999-5330 341.60 244.00 439.20 211.20 369.60 57699 09/02/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 001-2080 8,954.59 57699 09/02/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 165-2080 210.23 57699 09/02/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 190-2080 1,529.46 57699 09/02/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 193-2080 61.67 57699 09/02/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 194-2080 5.00 57699 09/02/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 280-2080 85.23 57699 09/02/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 300-2080 83.33 57699 09/02/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 320-2080 666.66 57699 09/02/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 340-2080 194.41 57700 09/02/99 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 001-2160 57700 09/02/99 000389 U S C M/PEBSCO (OBRA) 000389 PT RETiR 165-2160 57700 09/02/99 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 190-2160 57700 09/02/99 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 280-2160 57700 09/u2/99 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 320-2160 57700 09/02/99 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 330-2160 57700 09/02/99 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 340-2160 1,278.60 11.90 1,554.52 2.78 63.24 53.38 68.58 1,605.60 11,790.58 3,033.00 VOUCHRE2 09/02/99 VOUCHER/ CHECK NUMBER 57701 57701 57702 57703 57703 57703 57703 57703 57703 57703 57704 57705 57706 57707 16:43 CHECK DATE 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 09/02/99 VENDOR NUMBER 002702 002702 000325 000325 000325 000325 000325 000325 000325 001342 VENDOR NAME U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS UNITED PARCEL SERVICE UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY VANELLA, INES WALCZAK, PAT WAXIE SANITARY SUPPLY I WOEHRLE, MELISSA CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION POSTAGE:CITY INFO MAILING POSTAGE:CITY INFO MAILING SHIPPING CHARGE:TIME CAPSULE 000325 UW 000325 UW O00325 UW 000325 UW 000325 UW 000325 UW 000325 UW REFUND: FIELD RENTAL REFUND: HATHA YOGA CITY HALL MAINTENANCE SUPPLIES REFUND: CALLIGRAPHY ACCOUNT NUMBER 001-110-999-5230 001-111-999-5230 280-199-999-5362 001-2120 165-2120 190-2120 280-2120 300-2120 320-2120 330-2120 190-183-4988 190-183-4982 340-199-701-5212 190-183-4982 ITEM AMOUNT 1,200.00 1,200.00 110.37 225.45 3.75 20.00 1.55 .25 4.00 5.00 30.00 30.00 211.48 68.00 PAGE 12 CHECK AMOUNT 2,400.00 110.37 260.00 30.00 30.00 211.48 68.0O TOTAL CHECKS 701,892.53 VOUCHRE2 09/02/99 17:08 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 210 CAPITAL IMPROVEMENT PROJ FUND 261 CFD 88-12 ADMIN EXPENSE FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMATION SYSTEMS AMOUNT 641,448.26 209.00 10,560.90 1,538,219.36 61.80 1,320.80 9,188.35 45,812.66 20,338.61 TOTAL 2,267,159.74 VOUCHRE2 09/02/99 17:08 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 57710 57710 57711 57712 57712 57712 57712 57713 57713 57713 57714 57715 57715 57715 57715 57715 57716 57716 57716 57716 57716 57716 57717 57718 57718 57719 57719 57720 57721 57721 57721 57721 57722 57723 57724 57724 57724 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 003717 003717 003071 003567 003567 003567 003567 003629 003629 003629 000164 003592 003592 003592 003592 003592 002140 002140 002140 002140 002140 002140 003631 003800 003800 003641 003641 002256 002406 002406 002406 002406 003521 003702 002412 002412 002412 AMERICAN ASPHALT REPAIR AMERICAN ASPHALT REPAIR BIDAMERICA C C MYERS INC C C MYERS INC C C MYERS INC C C MYERS INC CALTROP ENGINEERING COR CALTROP ENGINEERING COR CALTROP ENGINEERING COR ESGIL CORPORATION GRANITE CONSTRUCTION GRANITE CONSTRUCTION GRANITE CONSTRUCTION GRANITE CONSTRUCTION GRANITE CONSTRUCTION JAGUAR COMPUTER SYSTEMS JAGUAR COMPUTER SYSTEMS JAGUAR COMPUTER SYSTEMS JAGUAR COMPUTER SYSTEMS JAGUAR COMPUTER SYSTEMS JAGUAR COMPUTER SYSTEMS KLEINFELDER INC MCLAUGHLIN ENGINEERING MCLAUGHLIN ENGINEERING MEGA ELECTRIC COMPANY MEGA ELECTRIC COMPANY P & D CONSULTANTS INC PACIFIC BUSINESS INTERI PACIFIC BUSINESS INTERI PACIFIC BUSINESS INTERI PACIFIC BUSINESS INTERI PRO GREENS INC RACEWAY FORD INC RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH STREET SEALING PROJ. #PW99-04 10% RETENTION FOR INV 83373 SCAN FORMS FOR BLDG PERMITS AUG PRGS PMT#6:OVERLAND:95-11 RET.W/H PMT#6:OVERLAND:95-11 REVERSE RETENTION:CREDIT MEMO CREDIT:EXCESS-WORK COMPLETED JUL BRIDGE INSPECTION:OVRLAND AUG PROF SVCS:OVERLAND:95-11 AUG PROF SVCS:OVERLAND:95-11 JUL 1999 PLAN CHECK SVCS AUG PRGSS:SANTA GERTRUDIS BIKE AUG PRGS PMT#6:PALA BRDG:97-15 C/O PRGS PMT#6:PALA BRDG:97-15 RET.W/H PMT#6:PALA BRDG:97-15 RETENTION:AUG PRGSS:BIKE TRAIL PURCHASE NOVELL WORKS SOFTWARE INSTALL NOVELL WORKS SOFTWARE SALES TAX PURCHASE FIREWALL SOFTWARE INSTALL FIREWALL SOFTWARE SALES TAX JUL INSPECTION SVCS:OVRLD OVRC ADD'L RAMP IMPROVE:RC/I15:9512 RET.W/H PMT#1:RC/115:95-12 6&7/99 PRGS PMT:TVHS TENNIS CT CR:RET.W/H PMT:TVHS TENNIS CT. JUL:TEMP HELP:AUSTIN/HENDERSON FURNITURE/EQUIP:RECORDS MGMT LABOR TO INSTALL FURN & EQUIP SALES TAX CREDIT: SALES TAX ON LABOR LDSCP REHAB:SPORTS PARK PURCHASE OF RESCUE SQUAD TRUCK JUL 99 LEGAL SERVICES JUL 99 LEGAL SERVICES JUL 99 LEGAL SERVICES 001-164-601-5402 001-2035 001-162-999-5250 210-165-604-5804 210-2035 210-2035 210-165-604-5804 210-165-604-5801 210-165-604-5801 210-165-604-5801 001-162-999-5248 210-190-147-5804 210-165-631-5804 210-165-631-5804 210-2035 210-2035 320-1980 320-1980 320-1980 320-1980 320-1980 320-1980 210-165-604-5801 210-165-711-5804 210-2035 210-190-155-5804 210-2035 001-162-999-5118 001-120-999-5601 001-120-999-5601 001-120-999-5601 001-120-999-5601 190-180-999~5416 310-1910 001-130-999-5246 001-130-999-5246 001-130-999-5246 233,589.73 23,358.97- 5,358.40 1,066,662.43 106,666.24- 250.40 2,504.00- 13,523.50 1,558.75 10,728.50 15,951.87 72,003.20 293,992.70 4,004.95 29,799.76- 7,200.32- 8,555.00 1,800.00 663.02 7,685.00 1,040.00 595.59 8,084.00 156,770.00 15,677.00- 77,603.70 7,760.37- 11,592.00 4,627.51 650.00 409.01 110.83- 8,000.00 45,812.66 9,056.86 852.00 6,665.50 210,230.76 5,358.40 957,742.59 25,810.75 15,951.87 333,000.77 20,338.61 8,084.00 141,093.00 69,843.33 11,592.00 5,575.69 8,000.00 45,812.66 VOUCHRE2 09/02/99 VOUCHER/ CHECK NUMBER 57724 57724 57724 57724 57724 57724 57724 57724 57724 57724 57724 57724 57724 57724 57724 57724 57724 57724 57724 57725 17:08 CHECK DATE 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 00/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 09/14/99 VENDOR NUMBER 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 000406 VENDOR NAME RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH RIVERSIDE CO SHERIFFS D CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION JUL 99 LEGAL SERVICES JUL 99 LEGAL SERVICES JUL 99 LEGAL SERVICES JUL 99 LEGAL SERVICES JUL 99 LEGAL SERVICES JUL 99 LEGAL SERVICES JUL 99 LEGAL SERVICES JUL 99 LEGAL SERVICES JUL 99 LEGAL SERVICES JUL 99 LEGAL SERVICES JUL 99 LEGAL SERVICES JUL 99 LEGAL SERVICES JUL 99 LEGAL SERVICES JUL 99 LEGAL SERVICES JUL 99 LEGAL SERVICES JUL 99 LEGAL SERVICES JUL 99 LEGAL SERVICES JUL 99 LEGAL SERVICES JUL 99 LEGAL SERVICES 6/3-6/30/99 LAW ENFORCEMENT ACCOUNT NUMBER 190-180-999-5246 001-130-999-5246 001-130-999-5246 001-130-999-5246 001-130-999-5246 001-130-999-5246 261-199-999-5246 300-199-999-5246 210-165'604-5801 210-165-604-5801 210-165'604-5801 210-165-631-5801 300-199-999'5246 300-199-999-5246 300-199-999-5246 300-199'999-5246 280-199-999-5246 280-199-999-5246 165-199-999-5246 001-2030 ITEM AMOUNT 2,560.90 91.00 143.00 130.50 228.00 1,220.17 61.80 9.65 86,73 1,822.23 59.46 676.50 1,230.60 5,121.10 1,008.00 1,819.00 890.85 429.95 209.00 374,352.51 PAGE 2 CHECK AMOUNT 34,372.80 374,352.51 TOTAL CHECKS 2,267,159.74 ITEM 4 APPROVAL CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberrs, Director of Finance September 14, 1999 City Treasurer's Report as of July 31, 1999 PREPARED BY: Tim McDermott, Assistant Finance Director~ RECOMMENDATION: as of July 31, 1999. That the City Council receive and file the City Treasurer's Report 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 July 31, 1999. FISCAL IMPACT: None Attachments: 1. City Treasurer's Report as of July 31, 1999 2. Schedule of Assets, Liabilities, and Fund Equity as of July 31, 1999 3. Fund Equity Detail by Fund as of July 31, 1999 City of Temecula City Treasurcr's Report As of July31, 1999 Cash Activity for the Month of July Cash and Investments as of July 1, 1999 Cash Receipts Cash Disbumements Cash and Investments as of July 31, 1999 $ 56,070,205 3,537,550 (6,621,090) $ 52,986,665 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 (749,966) Sweep 3 ~count Union Bank 4.090 % 945,814 (Mon, '; ~Iarket Account) (Highmark U.S. Treasury) Benefit Demand Deposits Union Bank n/a 4,742 Local Agency Investment Fund State Treasurer 5.178 % 43,128,188 Certificate of Deposit Community Bank 4.550 % 248,716 (Retention Escrow) Savings Account California Bank Trust 4.400 % 148,806 (Retention Escrow) Savings Account Union Bank 4.880 % 225,096 (Retention Escrow) Various U.S. Bank Various 145,026 (Retention Escrow) Checking Account Union Bank n/a 4,656 (Parking Citations) Trust Accounts- Measure A U.S. Bank (First Am. Treasury) 4.170 % 151 (Money Market Account) Trust Accounts- CFD 88-12 U.S. Bank (First Am. Treasury) 4.170 % 3,173,356 (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 5.422 % 9/1/2017 500,000 (Investment Agreement) Trust Accounts- CFD 98-1 U.S. Bank (First Am. Treasury) 4.170 % 53,838 (Money Market Account) Reserve Account- CFD 98-1 State Treasurer 5.178 % 940,896 (Local Agency Investment Fund) Trust Accounts-TCSD COPs U.S. Bank (First Am. Treasury) 4.170 % 17,631 (Money Market Account) Reserve ~ccount-TCSD COPs Bayerische Landesbank 6.870 % 10/1/2012 502,690 (Invest,. nt Agreement) Trust Accounts-RDA Bonds U.S. Bank (First Am. Treasury) 4.170 % 715,137 (Money Market Account) Reserve Account-RDA Bonds Bayerische Landesbank 7.400 % 2/1/2013 1,448,920 (Investment Agreement) Par/Book Balance $ 1,500 (749,966) (1) 945,814 4,742 (1) 43,128,188 (2) 248,716 148,806 225,096 145,026 4,656 150 3,173,356 1,531,469 500,000 53,838 940,896 17,631 502,690 715,137 1,448,920 $ 52,986,665 (1)-This mount is net of outstanding checks. (2)-At July 31, 1999 total market value (including accrued interest) for the Local Agency Investment Fund (LAIF) was $36,801,515,428. The City's proportionate share of that value is $43,072,021. All investments are liquid and currently available. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expenditures of the City of Temecula for the next six months. City of Temecula Schedule of Assets, Liabilities, and Fund Balances As of July31, 1999 city(l) Assets: Cash and investments $ 33,659,376 Receivables 7,600, 150 Due from other funds 137,351 Land held for resale 530,401 Prepaid assets 87, 189 Deposits 506,850 Fixed assets-net 993,499 Total ',ssets $ 43,514,816 Community Services District $ 1,924,921 1,427 17,770 $ 1,944,118 Redevelopment Community Facilities Districts (2) 9,751,524 $ 7,650,844 2,051,295 54 362,064 831 2,103,053 14,267,936 1,124,300 $ 8,776,029 52,986,665 9,652,926 518,016 2,633,454 87,189 1,631,150 993,499 68,502,899 Liabilities and fund equity: Liabilities: Due to other funds $ 155,121 Other liabilities 9, 184,988 Deferred revenue 303,601 243,380 362,064 335,681 804,570 831 4,469,582 518,016 14,233,631 1,108,171 Total liabilities 9,643,710 243,380 1,502,315 4,470,413 15,859,818 1,288,267 415,546 (3,075) Fund equity: Contributed capital 1,281,781 Retained earnings 631,623 Fund balances: Reserved (3) 15,061,839 Designated (3) 15,004,439 Undesignated 1,891,424 Total fund equity 33,871,106 1,700,738 Total liabilities and fund equity 9,523,968 3,241,653 12,765,621 14,267,936 $ 43,514,816 1,132,800 3,172,816 4,305,616 8,776,029 1,944,118 1,281,781 631,623 27,006,874 21,834,454 1,888,349 52,643,081 68,502,899 (1) Includes General Fund, CIP Fund, Gas Tax Fund, and other special revenue funds. (2) Includes CFD 88-12 (Ynez Corridor) and CFD 98-1 (Winchester Hills). (3) Reservations and designations of fund balance are detailed on the following pages. ITEM 5 CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Finance~ September 14, 1999 Financial Statements for the Fiscal Year Ended June 30, 1999 PREPARED BY: Tim McDermott, Assistant Finance DirectorY'~---' William B. Pattison, Senior Accountant RECOMMENDATION: That the City Council receive and file the Financial Statements for the Fiscal Year Ended June 30, 1999. DISCUSSION: The attached financial statements reflect the unaudited activity of the City for the Fiscal Year Ended June 30, 1999. Please see the attached financial statements for the analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheets as of June 30, 1999 Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 1999 Combining Balance Sheet (Internal Service Funds) as of June 30, 1999 Statement of Revenues, Expenses and Changes in Retained Earnings (internal Service Funds) for the Fiscal Year Ended June 30, 1999 Combining Balance Sheet (Community Facilities Districts) as of June 30, 1999 Statement of Revenues, Expenditures and Changes in Fund Balance (Community Facilities Districts) for the Fiscal Year Ended June 30, 1999 CITY OF TEMECULA Combining Balance Sheets as of June 30, 1999 and the Statements of Revenues, Expenditures and Changes in Fund Balance For The Fiscal Year Ended June 30, 1999 and the Statement of Revenues, Expenses and Changes in Retained Earnings For The Fiscal Year Ended June 30, 1999 (Unaudited) Prepared by the Finance Department City of Temecula Combining Balance Sheet As of June 30, 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 13,138,885 3,545,997 $ 80,154 1,168,143 530,401 $ 18,463,580 $ 17,770 4,211,564 303,601 4,532,935 Gas Tax Fund 80,154 80,154 $ 80,154 80,154 R.C. Reimb District $ 187,392 $ 187,392 $ Dev Impact Fund 5,203,134 $ 85,658 57,197 5,345,989 $ CDBG Fund 100 100 100 100 Fund balances: Reserved Designated Undesignated Total fund balances Total liabilities and fund balances 2,684,932 9,388,019 1,857,694 13,930,645 $ 18,463,580 80,154 $ $ 187,392 $ 5,345,989 187,392 187,392 $ 5,345,989 5,345,989 $ 100 Please note that these balances are unaudited City of Temecula Combining Balance Sheet As of June 30, 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 AB 2766 Measure "A" C[P Fund Fund Fund $ 43,961 $ 1,886,892 $ 12,477,061 15,863 165,539 3,658,520 $ 59,824 $ 2,052,431 $ 16,135,581 47,217 $ 4,662,417 Marg Rd Reim Dist Fund 57,197 $ Total liabilities 47,217 4,662,417 57, 197 Total $ 32,937,425 7,551,731 137,351 1,168,143 530,401 42,325,051 155,121 8,921,298 303,601 9,380,020 Fund balances: Reserved 11,454,54 1 Designated $ 59,824 2,005,214 18,623 Undesignated Total fund balances 59,824 2,005,214 11,473,164 (57,197) (57,197) Total liabilities and fund balances $ 59,824 $ 2,052,431 $ 16,135,581 14,139,473 17,005,061 1,800,497 32,945,031 $ 42,325,051 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 Fiscal Year Ended June 30, 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 frees Miscellaneous Bids & proposals Parking citations/impound fees Operating transfers in Total Revenues Annual Amended Budget $ 10,400,000 $ 409,000 2,100,000 1,200,000 45,000 105,200 215,000 1,900,700 34,700 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 23,436,O00 $ YTD Activity 10,652,400 423,249 2,348,532 1,385,848 6,654 105,268 245,760 2,020,110 57,562 1,346,341 303,645 1,266,610 1,012,582 23,470 162,000 125~000 589,713 1,201,117 187,015 326,589 91,700 22,704 118,575 878,620 24,901,064 Peme~ of Budget 102% 103% (1) 112% (1) 115% (1) 15% (2) 100% 114% (1) 106% 166% 106% 110% 108% 102% 117% 100% 100% 111% 109% 107% 218% (3) 103% 114% 99% 106% 106% City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund For the Fiscal Year Ended June 30, 1999 Expenditures: Annual YTD Amended YTD Activity Percent Budget Activity Encumbr. + Encumbr of Budget City Council $ 278,140 $ 238,873 $ 238,873 86% Community Support 458,923 366,886 $ 18,402 385,288 84% City Manager 687,632 631,637 7, 154 638,791 93% Economic Development 813,517 702,232 37,519 739,751 91% City Clerk 617,781 548,924 6,611 555,535 90% City Attorney 400,000 275,043 275,043 69% Finance 993,552 886,827 54,897 94 1,724 95% Human Resources 345,270 321,225 321,225 93% Planning 1,792,576 1,598,452 83,883 1,682,335 94% Building &Safety 1,399,959 1,351,441 550 1,351,991 97% Engineering 1,006,230 872,923 3,000 875,923 87% Public Works 2,747, 119 1,675, 157 320,772 1,995,929 73% CIP Admin 1,004,470 763,882 35,476 799,358 80% Police 5,677,853 5,298,155 1,803 5,299,958 93% Fire Dept 2,235,385 1,978,267 44,122 2,022,389 90% Animal Control 55,000 50,893 50,893 93% Non-departmental 1,470,020 1,448,454 1,448,454 99% Total Expenditures (Excluding Transfers) 21,983,427 19,009,271 614,189 19,623,460 89% Revenues Over/(Under) Expenditures 1,452,573 5,891,793 Operating Transfers Out 7,412,159 7,412,159 Revenues Over/(Under) Expenditures and Operating Transfers (5,959,586) (1,520,366) Beginning Fund Balance, July 1, 1998 15,451,011 15,451,011 Ending Fund Balance, June 30, 1999 $ 9,491,425 $ 13,930,645 Notes: (1) The variance in developmental services revenues is due to higher than anticipated conmmnity 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 increase is due to the City receiving 100% of AB 233 revenues at July 1,1998 as compared to 50% previously. (4) Expenditure savings were realized in the areas of consulting, other outside services, and conferences/travel. (5) ExpenditUre savings were realized in the Community Services Funding program and in Library support. (6) The variance in the City Attorney expenditures is due to lower than anticipated general legal costs being incurred. (7) The variances in Engineering and CIP Admin expenditures are due primarily to budget increases approved at mid-year for personnel costs. The related positions were not filled until the later portion of the fiscal year. (8) 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 by the end of the fiscal year. (4) (5) (6) (7) (8) (7) City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Gas Tax Fund For the Fiscal Year Ended June 30, 1999 Annual Amended YI'D Budget Activity Revenues: Section 2105-2107 $ 821,000 $ Investment interest 6,000 Total Revenues 827,000 Expenditures: Operating transfers out 827,000 Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, June 30, 1999 $ $ 872,712 5,908 878,620 878,620 Encumbr. Total Activity 872,712 5,908 878,620 878,620 Percent of Budget 106% 98% 106% 106% City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Rancho California Road Reimbursement District For the Fiscal Year Ended June 30, 1999 Revenues: Investment interest Annual 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, June 30, 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 Fiscal Year Ended June 30, 1999 Revenues: Public facilities Quimby Street improvements Traffic signals Parks Corporate facilities Fire protection Library Investment interest TotalRevenues Expenditures: Operating transfers out Annual Amended YTD Budget Activity 30,000 $ 145,579 50,000 360,981 1,923,330 2,632,447 284,440 428,067 891,030 1,389,887 249,240 373,829 64,000 99,037 208,400 293,639 284,250 3,700,440 6,007,716 6,888,752 4,500,437 Encumbrance Total Activity 145,579 360,981 2,632,447 428,067 1,389,887 373,829 99,037 293,639 284,250 6,007,716 4,500,437 Percent of Budget 485% 722% 137% 150% 156% 150% 155% 141% 162% (1) 65% (2) Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, June 30, 1999 (3,188,312) 1,507,279 3,838,710 3,838,710 650,398 $ 5,345,989 Notes: (1) The variance in development impact revenues is due to strong development activity for 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 1)cvelopment Block Grant For the Fiscal Year Ended June 30, 1999 Annual Amended YTD Total Budget Activity Encumbr. Activity Revellues: Grant revenue $ 314,607 $ 48,444 Total Revenues 314,607 48,444 l'2xpcnditures: Other outside services 43,007 42,945 Operating transfers out 271,600 5,499 Total Expenditures 314,607 48,444 Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 tinding Fund Balance, June 30, 1999 $ $ $ 48,444 48,444 42,945 5,499 48,444 ( 1 ) The variance is due to the Pujol Street Sidewalk, Senior Center Expansion, m~d Sports Park Tot Lot Upgrade projects not starting during the year. Percent of Budget 15% (1) 15% 100% 2% (1) 15% City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual AB 2766 Fund For the Fiscal Year Ended June 30, 1999 Revenues: AB 2766 $ Investment interest Total Revenues Expenditures: Operating transfers out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, June 30, 1999 $ Annual Amended YTD Budget Activity 93,500 $ 48,935 13,457 93,500 62,392 302,200 252,500 302,200 252,500 (208,700) (190,108) 249,932 249,932 41,232 $ 59,824 Total Percent Encumbr. Activity of Budget $ 48,935 13,457 62,392 252,500 252,500 (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. 52% (1) 67% 84% 84% City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Measure "A" For the Fiscal Year Ended Jane 30, 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, June 30, 1999 $ Annual Amended YTD Budget Activity 1,050,100 $ 1,129,998 286,785 1,050, 100 1,416,783 351,909 353,191 212,853 211,724 7,210,187 6,768,938 7,774,949 7,333,853 (6,724,849) (5,917,070) 7,922,284 7,922,284 1,197,435 $ 2,005,214 Encumbr. Total Activity $ 1,129,998 286,785 1,416,783 353,191 211,724 6,768,938 7,333,853 Percent of Budget 108% 135% 100% 99% 94% l0 City of Temecala Statement of t~,evenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital hnprovement Projects Fund For the Fiscal Year Ended June 30, 1999 ReVCIIUeSZ Operating transfers in Grants Reimbursments lnvestnlent interest Article 3 (SB 821 ) Total Revenues Expenditures: I~ancho Ca Rd interchange Overland overcrossing O~amp widening at Rancho Ca Rd Intersection monitoring system Je~brson median Margarita improvements Western bypass co~idor Street sign replacement Winchester Rd. widening Traffic signals Butterfiel~{ancho Ca Pala Rd. bridge Signal interconnect system Pavement management I 15/795 interchange (ulti~nate) Pala Road improvements Traffic signals Rancho Ca. Rd./Via Las Colinas Flashing signals at schools Traffic signals Wincbestcr~nte~rise Traffic signals Margarita Rd./Santiago City sidewalk project Margarita widening/Ovcrland extension YneTYWinchester improvements Winchester Rd. improvenmnts Jefferson Street lighting Traffic signals PalM~ambow Cyn. Traffic signals Rancho Ca. Rd. Meadows Pkwy. Traffic signals PaubdStation 84 Temecula Park and Ride Winchester sidewalk project Storm drain Overlan~argarita I15 to Avertida De Missiones Winchester ramp improvements Traffic signals Margarit~}auba Traffic signals Margarit~io Pico Traffic signals Palgolf Valley (continued) Annual Amended Y'iI) Budget Activity 29,877,025 $ 20,675,752 12,105,500 3,147,927 77,660 173,385 16,164 72,800 72,800 42,132,985 24,086,O28 Encumbr. Total Activity $ 20,675,752 3,147,927 173,385 16,164 72,800 24,086,028 3,866,451 3,552,934 $ 70,700 3,623,634 11,283,350 2,828,557 3,815,526 6,644,083 300,000 142,634 1,442 144,076 240,000 2,000 2,000 45,000 125,000 2,436 2,436 100,675 102,000 1,300,000 117,300 10,009,264 1,882,230 3,765,831 5,648,061 90,364 51,877 38,487 90,364 960,552 11,320 11,320 267,816 39,492 72,816 112,308 900 117,300 83,934 83,934 99,208 96,241 96,241 117,295 87,367 22,455 109,822 112,626 102,611 102,611 9,370 7,122 7,122 4,905,543 3,113,913 1,717,895 4,831,808 1,337,542 922,608 288,748 1,211,356 371,100 276,848 73,962 350,810 307,250 7,051 7,051 36,121 33,676 33,676 12,596 8,483 8,483 30,095 26,755 26,755 216,500 187,530 187,530 97,800 85,568 85,568 804,960 690,330 114,173 804,503 2,000,000 2,000,000 2,000,000 1,015,427 426,682 142,154 568,836 153,700 7,500 172,760 180,260 127,300 5,137 118,358 123,495 16,400 Percent of Budget 69% 26% 223% 100% 57% 94% 59% 48% 1% 2% 56% 100% 1% 42% 72% 97% 94% 91% 76% 98% 91% 95% 2% 93% 67% 89% 87% 87% 1 O0 % 100% 56% 117% (1) 97% City ofTemecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital hnprovement Projects Fund For the Fiscal Year Ended June 30, 1999 Annual Aanended YTD Budget Activity La Serena housing lighting Pujol st. sidexvalk improvements Nicholas Elementary sidewalk Old 'l'o~xq~ south parking lot Margarita cmnmunity park Sports park improvements Duck pond park Maintenance yard ADA sports park Multi-trails system Winchester creek park Community Recreation Center improvements Sports park sidewalks TVUSI) tennis court lights Bike path construction - citywide Maintenance lhcility modification Rotary park improvements Senior center expansion 13utterlield stage park improve~nents Fire station Museum City hal 1 improvements LibrarS.' Encumbr. 45,000 120,000 5,388 29,000 28,500 900,000 603,670 1,200,881 1,122,475 12,536 1,446 1,647,059 1,569,970 35,207 5,600 50,000 5,600 95,000 224,030 48,274 2,542 328,657 327,175 23,382 74,920 73,445 374,322 364,402 17,369 200,000 18,472 139,639 47,500 600,000 86,597 84,010 29,300 197 24,817 83,000 6,000 25,000 25,343 859,671 672,949 179,909 82,670 78,690 1,373 720,000 74,098 Total Activity 5,388 28,500 603,670 1,135,011 1,605,177 55,600 50,816 350,557 73,445 381,771 158,111 170,607 25,014 6,000 852,858 80,063 74,098 Total Expenditures 48,415,204 21,807, 138 10,947,691 32,754,829 (6,282,219) 2,278,89O Revenues Over/(Under) Expenditures 9,194,274 9,194,274 13cginning l:und 13alauce, July 1, 1998 $ 2,912,055 $ 11,473,164 Ending Fund Balance, June 30, 1999 Percent of Budget 4% 98% 67% 95% 97% 23% 107% (2) 98% 102% (2) 79% 28% 85% 7% 99% 97% 10% 68% The variances m cIp Fund revenues and in project expenditures are due to the timing of when the various projects are actually started and costs are incurred. ( I ) Actual costs exceeded project estimate, project budget has been increased in 1999-2000 with the adopted Capital hnprovemcnt Program budget and a budget transt~r from another signal project. (2) In house proj cot administration charges were greater than anticipated, based upon actual time spent on the projects. 12 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Margadta Road Reimbursement District For the Fiscal Year Ended June 30, 1999 Total Revenues Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, June 30, 1999 Annual Amended YTD Total Budget Activity Encumbr. Activity 39,220 39,220 $ (96,417) (96,417) $ (96,417) $ (57,197) Percent 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 June 30, 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 Capital leases payable Total liabilities Fund equity: Contributed capital Retained earnings Total fund equity Total liabilities and fund equity $ $ hlsurance Fund Vehicles Fund Information Systems Fund Support Services Fund Facilities Fund Total 1,575,577 $ 10,121 $ 237,760 $ 195,647 $ 113,757 $ 2,132,862 19,075 737 2,148 952 22,912 73,796 13,393 87,189 288,319 463,836 140,216 892,371 1,668,448 $ 311,833 $ 702,333 $ 338,011 $ 114,709 $ 3,135,334 $ 65,427 $ 277,366 34,874 140,029 174,903 277,366 65,427 $ 37,438 $ 37,438 77,271 77,271 $ 114,709 $ 500,000 $ 214,539 473,065 94,177 891,082 97,294 163,841 68,931 1,391,082 311,833 636,906 163,108 1,668,448 $ 311,833 $ 702,333 $ 338,011 415,105 140,029 555,134 1,281,781 1,298,419 2,580,200 3,135,334 Please note that these balances are unaudited. 14 City of Temecula Statement of Revenues, Expenses and Changes in Retained Earnings Internal Service Funds For the Fiscal Year Ended June 30, 1999 IllSIll'aliCe Fund Vehicles Fund Information Systems Fund Support Services Fund Facilities Fund Total Revenues: Charges for services $ 298,652 $ 80,730 $ 794,993 $ 212,096 $ 348,516 $ 1,734,987 Investment interest 80,001 1,267 947 8,875 3,923 95,013 Miscellaneous 1,126 328 6 83 1,543 Operating transfers in 49,125 91,994 141,119 Claims recovery 3,955 3,955 Total Revenues 383,734 131,122 888,262 220,977 352,522 1,976,617 Expenses: Salaries &wages 27,439 164,499 52,547 152,952 397,437 Operating expenses 351,211 2,160 292,753 108,221 201,480 955,825 Interest 13,434 13,434 Depreciation 66,448 284,691 46,316 397,455 Total Expenses 378,650 68,608 741,943 220,518 354,432 1,764,151 Net Income (Loss) 5,084 62,514 146,319 459 ( 1,910) 212,466 Retained Earnings, July 1, 1998 885,998 34,780 17,522 68,472 79, 181 1,085,953 RetainedEarnings, June31, 1999 $ 891,082 $ 97,294 $ 163,841 $ 68,931 $ 77,271 $ 1,298,419 15 Community Facilities Districts Combining Balance Sheet As of June 30, 1999 Assets: Cash and investments Receivables Deposits Total assets Liabilities and fund balances: Liabilities: Due to other funds Current liabilities Total liabilities Fund balances: Reserved 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 Achnin Debt Debt Admin Project Expense Service Service Expense Fund Fund Fund Fund Fund $ 3,145,539 $ 11,667 1,124,300 4,281,506 $ $ 2,619,960 1,661,546 4,281,506 $ 4,281,506 $ 26,459 $ 3,001,736 $ 1,452,248 417 133,475 4,074 $ 26,876 $ 3,135,211 $ 1,456,322 2,758 $ 3,135,211 $ 1,456,322 $ 2,758 3,135,211 1,456,322 24,118 24,118 26,876 $ 3,135,211 $ 1,456,322 $ Total $ 7,625,982 83 149,716 1,124,300 83 $ 8,899,998 83 $ 4,594,374 83 4,594,374 2,619,960 1,685,664 4,305,624 83 $ 8,899,998 Please note that these balances are unaudited. City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance Community Facilities Districts For the Fiscal Year Ended June 30, 1999 Revenues: Investment interest Special assessments Bond proceeds Reimbursements Total Revenues Expenditures: Legal services Other outside services City admin charge Debt service - principal Debt service - interest Bond issuance costs Operating trm~sfers out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, June 30, 1999 CFD 88-12 Capital Projects Fund CFD 88-12 Admin Expense Fund $ 134,968 $ 1,545 104,982 2,789 134,968 109,316 3,497 28,192 7,500 39,189 $ 134,968 70,127 4,146,538 (46,009) $ 4,281,506 $ 24,118 CFD 88-12 Debt Service Fund $ 108,077 1,434,166 1,542,243 $ 138 845,000 650,596 1,495,734 $ 46,509 CFD 98-1 Debt Service Fund $ 39,735 840,960 1,364,438 2,245,133 $ 103 453,183 335,525 CFD 98-1 Admin Expense Fund $ 150 12,102 12,252 $ $ 5,500 7,500 Total 284,475 2,392,210 1,364,438 2,789 4,043,912 3~97 28,330 15,000 845,000 650,596 335,525 788,811 13,000 2,336,734 $ 1,456,322 $ (748) S 1,707,178 17 ITEM 6 CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Finance /~J' September 14, 1999 Purchase of Three (3) City Vehicles (TCSD, Building & Safety and Fire) Prepared by: Gus Papagolos, Senior Management Analyst RECOMMENDATION: Approve the purchase of three (3) Ford model year 2000 vehicles from Villa Ford for the total amount of $63,578.25. DISCUSSION: The adoption of the 1999/00 Operating Budget approved the funding for the purchase of three (3) trucks (for use by the TCSD, Building & Safety and Fire Departments). These vehicles are additions to the current fleet and will be used by the maintenance staff in TCSD and the inspector staff in both Building & Safety and Fire. On July 28, 1999, the City mailed 21 Requests for Proposal (RFPs) to local and surrounding area vendors for the purchase of the three (3) trucks (see attached vendor list). Of the 21 RFPs that staff sent, four (4) proposals were received as listed below. All of the bids received were for model year 2000 trucks and delivery is estimated between 60 and 90 days. Dealer Vehicle/Model Price Villa Ford Ford F-150, Full-Size $27,983.26 Extended Cab, 4WD Total Price Ford Ranger, Mid-Size Extended Cab 2WD $17,300.71 $63,578.25 Ford Ranger, Mid-Size Extended Cab 2WD Red/White Paint $18,294.28 Paradise Chevrolet Full size, Extended Cab 4WD Silverado pick-up $31,413.05 S-10 Mid-Size Extended Cab 2WD $18,361.99 $68,603.37 S-10 Mid-Size Extended Cab 2WD Red/White Paint $18,828.33 Dealer Advantage Ford Norm Reeves Dodge Vehicle/Model Ford F-150, Full-Size Extended Cab, 4WD Ford F-150, Full-Size Extended Cab 2WD Ford F-150, Full-Size Extended Cab 2WD Red/White Paint Full size, extended cab 4WD pick-up (2000) Mid-Size Extended Cab 2WD Mid-Size Extended Cab 2WD Price $27,271.49 9,648.70 $21,171.76 $29,052.64 $19,897.12 $21,400.23 Total Price $68,091.95 S70,349.99 FISCALIMPACT: purchase. Adequate funds are available in the Vehicle Internal Service Fund for this Attachment: Vehicle Vendor List Vehicle Vendor List QUALITY CHEVROLET ATTN: FLEET MANAGER 1550 AUTO PARK WAY ESCONDIDO, CA 92029 FOLSOM LAKE FORD ATTN: FLEET MANAGER 9479 MADISON AVENUE FOLSOM, CA 95630 PLAZA MOTORS ATTN: FLEET MANAGER 290 N INDIAN CANYON DR PALM SPRINGS, CA 92262 TEMECULA VALLEY TOYOTA ATTN: FLEET MANAGER 26631 YNEZ ROAD TEMECULA, CA 92591 DICK DICKENSON CITY CHEVROLET ATTN: FLEET MANAGER P O BOX 85345 SAN DIEGO, CA 92186 TED JONES FORD ATTN: FLEET MANAGER 6211 BEACH BLVD BUENA PARK, CA 90621 NORM REEVES SUPER GROUP ATTN: FLEET MANAGER 26755 YNEZ ROAD TEMECULA, CA 92591 FULLER FLEET CENTER ATTN: FLEET MANAGER 560 AUTO PARK DRIVE CHULA VISTA, CA 91911 HELLER FORD ATTN: FLEET MANAGER 1717 AUTO PARK WAY ESCONDIDO, CA 92029 ESCONDIDO JEEP EAGLE/GMC ATTN: COMMERCIAL MGR 1501 AUTO PARK WAY S. ESCONDIDO, CA 92029 RANCHO FORD ATTN: FLEET MANAGER 26895 YNEZ ROAD TEMECULA, CA 92591 CARRIAGE MOTOR COMPANY ATTN: FLEET MANAGER 27420 YNEZ ROAD TEMECULA, CA 92591 INLAND CHEVROLET-GEO ATTN: FLEET MANAGER 2505 W FLORIDA AVE HEMET, CA 92545 RIVERSIDE CHRYSLER PLYMOUTH ATTN: FLEET MANAGER 7979 AUTO DRIVE RIVERSIDE, CA 92504 GOSCH FORD-LINCOLN ATTN: FLEET MANAGER 150 CARRIAGE CIR. HEMET, CA 92545 VILLA FORD ATTN: FLEET MANAGER 2550 N TUSTI N AVE ORANGE, CA 92865 ADVANTAGE FORD ATTN: FLEET MANAGER 1031 CENTRAL AVE DUARTE, CA 91010 FRITZ FORD ATTN: FLEET MANAGER 8000 AUTO DRIVE RIVERSIDE, CA 92504-4118 PARADISE CHEVROLET ATTN: FLEET MANAGER 26845 YNEZ ROAD TEMECULA, CA 9259'1 GUNDERSON CHEVROLET ATTN: FLEET MANAGER 3333 SANTA ANITA AVE EL MONTE, CA 91731 RACEWAY FORD ATTN: FLEET MANAGER 5900 SYCAMORE CANYON ROAD RIVERSIDE, CA 92507 ITEM 7 DIRECTOR OF FINANCE]'L,J/ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council  Shawn D. Nelson, City Manager September 14, 1999 Support for Senate Bill 3 (Rainey)-Library Construction Bond PREPARED BY: Aaron Adams, Management Analyst RECOMMENDATION: That the City Council consider adopting the following resolution. RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING SENATE BILL 3 (RAINEY) ADDRESSING THE ISSUANCE OF LIBRARY CONSTRUCTION BONDS FOR CALIFORNIA LIBRARIES BACKGROUND: Existing law establishes the California Library Construction and Renovation Bond Act of 1988, which authorizes the issuance of bonds in the amount of $75,000,000 for the purpose of financing a special library construction and renovation program. SB 3 would enact the California Library Construction and Renovation Bond Act of 2000, replacing the previously expired bond act of 1988. SB 3 would authorize the issuance of bonds in the amount of $1,000,000,000 for the purpose of financing of a library construction and renovation program administered by the State Librarian. This bill would provide for submission of the bond act to the voters at the statewide general election on November 7, 2000, and would become operative upon adoption by the voters at that election. SB 3 was recently passed by the Senate and is currently being reviewed by the Assembly Appropriations Committee. The passage of this legislation would be very beneficial as planning progresses for the construction of a central library within Temecula. With City Council support of SB 3, staff will prepare individual letters of support to all members of the Assembly Appropriations Committee authorized by the Mayor and all members of City Council. In addition, SB 3 support is consistent with Westem Riverside Council of Governments (WRCOG's) legislative support of previous measures as well as being endorsed by the League of California Cities. FISCAL IMPACT: None at this time. RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING SENATE BILL 3 (RAINEY) ADDRESSING THE ISSUANCE OF LIBRARY CONSTRUCTION BONDS FOR CALIFORNIA LIBRARIES THE CiTY COUNCIL Of THE CITY Of TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the California Legislature has declared that public libraries are a supplement to the formal system of free public education and deserve adequate financial support from government at all levels; and WHEREAS, a viable statewide system of public libraries is essential to assist the schools, support children and to serve the general public in all local communities; and WHEREAS, community public facilities are an important partner in providing a quality education for children and ensuring lifelong learning opportunities for all citizens; and WHEREAS, the public interest is served by providing adequate resources to properly fund public library facilities and services; and WHEREAS, local public libraries throughout California need additional funding for the construction of new libraries, and for the expansion and renovation of existing library facilities to better serve their communities; and WHEREAS, the California State Library has recently conducted a statewide survey which identified a need for over 400 local library projects at a cost in excess of $2 billion; and WHEREAS, Senator Richard Rainey has introduced Senate Bill 3 establishing the California Library Construction and Renovation Bond Act of 2000, and authorizing the issuance of one billion dollars in State bonds to fund library construction and renovation projects on a 65% State--35% local matching basis, and placing this bond measure on the November 7, 2000 statewide general election ballot; and WHEREAS, approval by the Legislature of Senate Bill 3 would provide California voters the opportunity to vote on this bond measure in the November 7, 2000 election and to provide a significant new financing option for expanding and improving California's public libraries; NOW, THEREFORE, BE IT RESOLVED THAT the City of Temecula hereby endorses and supports the passage of Senate Bill 3 (Rainey) by the Legislature, and directs the City Council to notify Senator Rainey, the President pro Tempore of the Senate, the Speaker of the Assembly, the Governor, Senator Haynes and Assemblyman Thompson of its support. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 14th day of September, 1999. Resos\99-40 I A'I'I'EST: 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 14th day of September, 1999, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Comerchero, Lindemans, Stone, Ford,Roberts None Susan W. Jones, CMC City Clerk Resos\99-40 2 ITEM 8 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhil~e~u~ City Manager September 14, 1999 Approval of Funds for Landscape Review Services Prepared by: Debbie Ubnoske, Planning Manager RECOMMENDATION: That the City Council: Approve an expenditure in an amount not to exceed $105,000 for landscape review services with PELA. BACKGROUND: The Community Development Department's Planning Division continues to experience an increase in landscape plan review activity. The Department has retained the services of PELA for the last 6 years. Due to the nature of development activity, its continuing fluctuation and the rapid growth the City is experiencing, an accurate estimation of fiscal year landscape plan review is difficult. The current contract with PELA does not expire until January 12, 2001. This action approves the expenditure for this company for this fiscal year in accordance with the Community Development Department Planning Division's operating budget. FISCALIMPACT: Adequate funds are available in Account Number 001-161-999-5250. \\TEMEC_FS101\VOLi\DEPTS\PLANNING\STAFFRPT\pela fuming cc.doc 1 CITY OF Tt'~IECULA AGREIiiM'E. NT FOR CONSU'LTA-NT SERVICES TWIg AGRE~'MF~NT, is made and effective as of January I3, 1996, between the City of Temecula, a municipal corporation ("City") and The Elliott Group, a Landscape Architectural Firm ("Consultant"). In consideration of the mutual covenants and conditions set forth herein. the parties agree as follows: 1. TERM. This Agreement shall commence on January 13, 1996 and shall remain and continue in effect until January 12. 2001 unless terminated earlier pursuant to the provisions of Sections 5 or 6 of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hemto and incorporated herein as though set forth in full. Consultant shall complete the tasks described in the Scope of Work set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithful/y, competently and to the best of his or her ability, experience, and talent, perform all tasks described heroin. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hemunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant month/y, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated heroin by this reference as though set forth in full, based upon actual time spent on the above tasks. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Ag-reement which are in addition to those set forth herein, uniess such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written au,thorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. Rg, STAFFRPT~ELLIOTT.CC3 1/1 2196 sn 3 c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the f'trst business day of each month. for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultanUs fees it shall ~ve written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 5. SUSPENSION OR TERMINATION OF AGREENrENT WITItO~ CAUSE. a. The City, may at any time. for any reason. with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement. unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City .. shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSULTANT. a. The Consulta.nt's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. R:\STAFFRPT~ELLIO'Fr. CC3 1/1 2196 sn it 7. OWNERSHTP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detafi to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the fight to examine and audit said books and records. shall permit City to make transcripts therefrom as necessary, and shall a/low inspection of all work, dam, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer Fdes, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer t'des, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer f~es. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE REOUIR.EMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents. representatives, or employees. R:\STAFFRPI~ELLIOTT.CC3 1/1 2196 sn 5 a., Minimum Scope of rnsurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: SI,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance dr other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant: premises owned, occupied or used by the Consultant: or R:\STAFFRPT\ELLIOTT.CC~ 1/12/96 sn 6 automobiles owned, leased. hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary. insurance as respects the City, its officers, officials. employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers. officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) d,ays' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. i0. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement.on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents. except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. R:\STAFFRPT\ELLIOTT.CC3 1/12/96 sn 7 Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant tbr performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. RELEASE OF 1NFORNIATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant. its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatorlos or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatorlos, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, R:\STAFFRPT\ELLIOIT,CC3 1/12/96 sn 8 Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that parry may later designate by Notice: To City: City of Temecula a,3 174 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: The Elliott Group Michael G. Elliott, ASLA 4883 Brockton Avenue Riverside, CA 92506 14. ASSIGNNIENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant' to this Agreement, only Michael G. Elliott, ASLA shall perform the services described in this Agreement. The Elliott Group may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant sh~all provide City fourteen (14) days' notice prior to the departure of Michael G. Elljolt, ASLA from Consultant's employ. Should he or she leave Consultands employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the dam of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the perXbrmance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the paxties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein R:\STAFFRPT\ELLIOIT.CC~ 1/12/96 sn 9 and upon .each party's own independent investigation of any and all facts such party deems material. 18. AUTHORIF TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA or Attest: June S. Gr~"~ City Clerk Approved As to Form: City Attorney R:\STAFFRPT\ELLIOTT.CC] 1/12/96 sn 10 CONSULTANT By: R:\STAFFRPT\ELLIOIT.CC3 1/10/96 sn 12 EXHIBIT A SCOPE OF WORK The following is a breakdown of the plan check and the inspection processes for development projects. A. PLAiN CHECK I. DRC REVIEW: a) Once notified by the project planner that plans have been received, our office will pick up plans for review and site analysis. b) We will provide one (I) review for such things as placement of planrings for desired effects or purpose (i.e. screening or shading), and conformsnee with City standards. c) Our comments and observations will be put into written form and be provided to the project planer to forward to the submitter. d) Comments wilI generally be returned to the project planner within two (2) days and in no case later than one (1) week after notification of plan pick-up. 2. CONSTRUCTION DOCUMENTS: a) When notified by the project planner that plans have been received, our office will pick up plans for review. b) We will verify consistency with previously approved plans and conditions. Planting and irrigation plans will be checked for conformance with City standards. One set of plans will be redlined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with City standards. Items not addressed in the City standards but that are outside the profession norms will also be marked for explanations from the submitteL c) Plans will be returned with comments to the project planner for pick-up by the submitter based on the established process. Comments will also be provided on disk in WordPerfect format for ease of use by the City. d) Once revisions have been resubmitted, we will re-check the plans for conformance. Should all revisions have been made and all questions answered, the plans will be ready for approval. If. all revisions are not made, one set of R:\STAFFRPT\ELLIOTT.CC~ 1/1Z/96 sn 12 e) f) g) plans and the check list will be redlined again and returned to the applicant a second time for revisions. This process will continue until the plans are brought into conformance with City standards. Once plans are ready for approval, our office will review submitted cost estimates and determine proper bond requirements for each project. A final set of approved plans (originals) will be stamped "Approved" and be fled at the City for use when the project goes into the construction stage, after all bonds have been submitted and are approved and an agreement executed. Should items need to be checked which are not included in the standards, our office will coordinate with the City to amend the standards as required for future use. h) Comments/redlines will generally be returned to the project planner within I week and in no case later than 2 weeks after notification of plan pick-up. B. CONSTRUCTION INSPECTION: Our office will provide construction inspection services in order to insure implementation is in conformsnee with the approved plans and the City standards. A final inspection will be provided after all work has been completed per the plahs and specifications. Written comments will be provided to the project planner after each inspection. R:\S/AFFRPT\ELLIOTT.CC3 1/12/96 sn 13 EXHIBIT B SCHEDULE OF PAYMENT The following is the Schedule of Payment for plan checks and inspections for development projects: A. PLAN CHECK i. DRC REVIEW: One DRC review will be performed at the following fiat fee per project: $200.00 2. CONSTRUCTION DRAWING REVIEW: Construction drawing review will be performed at the following rates based on the overall project square footage for each project: " SOUARE FOOTAGE OF PROJECT PLAN CHECK FEE COST PER SO. FT. 0 - 10,000 $:540 (minimum charge) .0:54 10,001 - 25,000 $810 .08 - .031 25,001 - I00,000 $1,080 .043 - .011 100,001 - 135,0(D0 $1,350 .013- .01 135,001 - 165,000 $1,620 .012- .01 165,001 - 200,000 $1,890 .011 - .0l 200,001 - 250,000 $2,160 .011 - .01 2.50,001 - 300,0(X) $2,430 .01 - .008 300,001 - 350,000 $2,7(X) .009 - .008 350,001 - 400,000 $2,970 .(DOg - .007 400,001 & up $2,970 + .0075 for each sq. ft. above 400,C00 sq. ft. The above fees are based on 3 reviews. Should plans require more than 3 reviews, an additional charge of $80.00 per sheet shall be charged. B. CONSTRUCTION INSPECTION: Construction inspection services and attendance at meetings will be performed at the following flat fee rate per inspection or meeting: $225.00 R:\STAFFRPT\ELLIOTT.CCI 1/12/96 sn 14 FIRST AM'F, ND~fI~NT TO AGREEY~NT BETW'EEN THF~ CITY OF TEMECL~A AND pFJ~AJTHE ELLIOTT GROUP Tltlg FIRST A1VIENDMI~NT is made and entered into as of April 17, 1998 by and between the City of Temecula, a municipal corporation ("City") and PFI.A/The F.11iot Clmup ("Consultant"). In consideration of the mutual covenants and conditions set forth heroin, the parties agree as follows: 1. This Amendment is made with respect to the,following facts and purposes: A. On January 13, 1996 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Consultant Services" ("Agreement"). B. The parties now desire to amend the Agreement as set forth in this Amendment. 2. All Sections of the Agreement that refer to the Consultant as "The ~lliott GrOup" shall be changed to "pgl-AJThe Elliott Group" pursuant to the ownership change of said company on January 6, 1997. 3. Except for the changes specifically set forth herein, ill other tenns and conditions of the Agreement shall remain in full force and effect. N),',' .9.2 :.:3 FINANGE DEPT R:IVOLLMUM~4GREE.~.ALLtFfI.~OrTTG. AME 1 IN WITNESS WHEREOF, the paxties hemto have caused this Agreement to be executed the day and year fast above written. CITY OF TEMECULA ATI'ST: · Jones, g City Clerk .- Appmved As to Form: BY: Peter M. Thorson, City Attorney CONSULTANT NAME: R:tVOLLMUIffiAGRE~ALLt~rz~O77'G. AME 2 ITEM 9 CITY ATTORNAEPYPROV~ DIRECTOR OF FINANCE CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council J~erman D. Parker, Director of Community Services September 14, 1999 Development Impact Fee Agreement with Woodside Homes - Long Canyon Creek Park/Tract 28510-1 (Campos Verdes Specific Plan) PREPARED BY: RECOMMENDATION: i~'.,:~\Beryl Yasinosky, Development Services Analyst. That the City Council: Approve the Development Impact Fee Agreement between the City of Temecula and Woodside Homes to establish preliminary fee credits in the amount of 9358,530 for the construction of Long Canyon Creek Park; Lot 81 of Tract No. 28510-1. BACKGROUND: On April 13, 1999, the City Council approved the First Amendment to the Campos Verdes Specific Plan. Pursuant to this amendment, Woodside Homes is required to dedicate to the City a fully improved 3.15 acre park facility prior to issuance of the 78th residential building permit. The park site is located east of Margarita Road, on the south side of North General Kearny Road. The park will include such amenities as a large tot lot, covered picnic areas, barbecues, open grass area with soccer field overlay, walkways, and parking lot. In consideration for the development of the park site, Woodside Homes is entitled to receive fee credits equivalent to the cost of a portion of the park improvements. These credits are applied against the park component of the City's Development Impact Fees (DIF). The credit only applies to the improvements that exceed the basic site improvements covered under the City's parkland dedication requirements (Quimby). The maximum DIF credit available to the developer, based upon a park component of 91,629 per unit for 242 residential units, is 9394,218. City staff has reviewed the attached construction cost estimate for the facility and has determined that 9358,530 in park improvements is eligible for DIF credits. FISCAL IMPACT: Pursuant to the construction cost estimate for the park and the eligible construction costs, Woodside Homes is entitled to receive 9358,530 in preliminary DIF credits. The initial DIF credits of 91,482 will be applied to each residential unit on a pro-rated basis for the first 77 units. Upon completion and dedication of the park at the 78th building permit, the final fee credits for the remaining 165 units will be adjusted, up or down, in accordance with the actual construction costs for the park, which will be reviewed, audited and verified by City staff. R:\YASlNOBK\AGENDAS\CamposVerdes.difagreement.doc ATTACH MENTS: 1. 2. Construction Cost/Fee Credit Estimate DIF Agreement for Park Improvements R:\YASINOBK\AGENDAS\CamposVerdes.difagreement.doc Preliminary Cost Estimate for Long Canyon Creek Park Tract No. 28510-1; Lot No. 81 Item Description Quantity Unit Item Cost Number 1 Grade Site (import 15,500 CUYD 91.50 fill) 2 Concrete Swale 150 LF 910.00 3 Demo. Ext. Curb 1 LS 91,500.00 and Sidewalk 4 New Curb cut and 2 EA 91,500.00 Sidewalk 5 6" PCC curb 240 LF 98.00 6 6"PCC Curb/Gutter 240 LF 910.00 7 3" AC pvmnt over 8,300 SF 91.50 6" Class II base 8 HC Ramp 1 LS 9250.00 9 Prkg lot,sign,stripe 1 LS 91,500.00 10 PCC pavement 11,950 SF 94.00 11 Tot lot sub drain 1 LS 92,000.00 12 PCC Tot Lot edge 310 LF 925.00 13 HC Play Surface 1,200 SF 915.00 14 Play Equipment 1 LS 957,250.00 15 Wash plstr. sand 1 LS 92,000.00 16 Picnic Tble. Cover 2 EA 93,500.00 17 Picnic Tables 5 EA 91,000.00 18 Cast Metal BBQ's 5 EA 9500.00 19 Drinking Fountain 1 EA 9500.00 20 Steel Fence/Gates 1,085 LF 925.00 21 Split Rail Fence 260 LF 915.00 22 Meter and Lighting 1 LS 97,500.00 @ Picnic Tables 23 Water Meter 1 LS 92,000.00 24 Backflow Prevent. 2 LS 92,000,00 25 Irrigation Cntrller. 1 LS 98,800.00 26 Irrigation system 144,800 SF 90.50 27 Soil Preparation 144,800 SF 90.15 28 Trees - 15 Gal. 76 EA 985.00 29 Shrubs 99 EA 97.00 30 Grnd. Cover 23, 175 SF 90.35 31 Hydroseed Turf 114,000 SF 90.10 32 Plant 1 LS 93,500.00 establishment 33 10% Design Fee 1 LS 925,000.00 Totals Total 923,250.00 91,500.00 91,500.00 93,000.00 91,920.00 92,400.00 12,450.00 9250.00 91,500.00 947,800.00 92,000.00 97,750.00 918,000.00 957,250.00 92,000.00 97,000.00 95,000.00 92,500.00 9500.00 927, 125.00 93,900.00 97,500.00 92,000.00 94,000.00 98,800.00 972,400.00 ~21,720.00 96,460.00 9693.00 98,112.00 911,400.00 93,500.00 925.000.00 9400,180.00 Eligible for DIF Credit 0 0 0 0 91,920.00 92,400.00 912,450.00 9250.00 ~1 500.00 947,800.00 92 000.00 97 500.00 918,000.00 957,250.00 92 000.00 97 000.00 95 000.00 92,500.00 500.00 *'916,975.00 93,900.00 97,500.00 0 94,000.00 98,800.00 972,400.00 821,720.00 96,460.00 9693.00 98,112.00 911,400.00 93,500.00 925,000.00 9358,530.00 * *Item 20: provides credits of $16,275 (815 per LF) for perimeter fencing and 8700 for three (3) steel gates. R:\YASINOBK\AGENDAS\CamposVerdes .difagreement.doc PARKS AND RECREATION DEVELOPMENT IMPACT FEE REDUCTION AGREEMENT BETWEEN CITY OF TEMECULA AND WOODSIDE CHANTEMAR, INC. (TRACT NOS. 28510-1, -2, -3 AND -0) THIS AGREEMENT, is made and effective as of September 14, 1999, between the City of Temecula, a municipal corporation ("City") and Woodside Chantemar, Inc., as conditions set forth herein, the parties agree as follows: 1. This Agreement is made with respect to the following facts and purposes, which each party acknowledges as true and correct: a. The City Council of the City of Temecula has enacted a comprehensive development impact fee ordinance which is set forth in Chapter 15.06 of the Temecula Municipal Code. The actual development impact fees are set forth in Resolution No. 98-30 of the City Council as authorized by Section 15.06.020 of the Temecula Municipal Code CDIF"). b. Developer is the owner of certain real property in the City of Temecula, which is legally described on Exhibit A., attached hereto and incorporated herein by this reference ("Property"). The Property is subject to recorded final tract maps allowing 242 residential units. c. The conditions of approval for the tract maps required the Developer to dedicate certain parkland and to construct certain park improvements. The Developer' s specific obligations with respect to the construction of these improvements is set forth in that certain "Parkland Improvement Agreement" between the City and Developer, dated as of September 14, 1999. d. Pursuant to Chapter 15.06 of the Temecula Municipal Code and Resolution No. 98-117, Developer' s DII~ obligation for the Park and Recreation Improvement Component of the fees is three hundred ninety-four thousand, two hundred eighteen ($394,218) dollars. e. Pursuant to Section 15.06.050.A2. Developer has requested a reduction in the Park and Recreation Improvement Component of the DIE The purpose of this Agreement is to confirm and set forth the appropriate reduction pursuant to Chapter 15.06 and to provide for the implementation of the fee reduction for the development of the Property. 2. Pursuant to the Parkland Improvement Agreement, Developer shall design and construct certain public park improvements on the Property. A portion of these improvements are public park facilities which are regional or regionally significant public facilities substantially similar to those facilities that are listed or otherwise identified on the City' s Capital Improvement Plan within the meaning of Section 15.06.050 A.2. of the Temecula Municipal Code ("Regional Improvements"). These Regional Improvements are described on Exhibit B., attached hereto and incorporated herein by this reference as though set forth in full. Therefore, Developer shall be entitled to a reduction in the Parks and Recreation Improvements Component of the DIF in the amount of the actual costs of design, engineering and construction of the Regional Improvements completed by the Developer. City and Developer agree that the estimated cost of the design, engineering and construction of the Regional Improvements by the Developer is three hundred fifty-eight thousand, five hundred thirty ($358, 530) dollars and that the Developer' s obligation for the Parks and Recreation Improvements component of the DIF shall be reduced in this amount and credited to the Developer as provided in this Agreement. Within thirty (30) days of completion of the Regional Improvements, Developer shall submit to the City the actual costs of design, engineering and construction of the Regional Improvements to the City. The adjusted credit will be applied equally to the remaining homes to be constructed on the Property. 3. The amount of the DIF Parks and Recreation Improvements Component reduction described in Section 2. Shall be credited equally to the DIF Parks and Recreation Improvements Component obligation of each residential unit on the Property at the time of issuance of a building permit. For the first seventy-seven (77) units, the reduction in DIF shall be fourteen hundred eighty-two dollars ($1,482); thereafter the reduction per unit may be adjusted pursuant to Section 2 for actual costs of the Regional Improvements. a. Developer may transfer these credits to any purchaser of the Property, or a portion thereof, to be applied to residential units on the Property; provided, however, the credits may not be transferred to any other person nor may they be used on any real property other than the Property. Within five (5) business days following a transfer of these credits pursuant to this Agreement, Developer shall notify the City in writing of the fact of the transfer and the name and address of the transferee. b. In the event the Developer is in default under the Parkland Improvement Agreement, the DIF credit described in this Agreement shall not be applied to residential building permits until such time as the default is cured. 4. This Agreement shall insure to the benefit of and shall be binding upon the City and Developer and their respective successors and assigns. 5. This Agreement only affects the reduction in the DIF obligation for the Parks and Recreation Improvement Component of the DIF and no other portion of the DIF. Developer shall apply the DIF for each component in accordance with Chapter 15.06 and Resolution (98-117). 6. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon deliver to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above: To City: City of Temecula P. O. Box 9033 43200 Business Park Drive Temecula, CA 92589~9033 Attention: City Manager To Developer: Woodside Chantemar, Inc. 23 121 Antonio Parkway, Suite 120 Rancho Santa Margafita, CA 92688 Attention: Nate Pugsley 7. If either party commences litigation against the other for the purposes of determining or enforcing its rights under this Agreement, the prevailing party shall be entitled to receive its reasonable attorney fees and costs incurred in the prosecution or defense of the action. 8. This Agreement contains the entire understanding between the parties relating to the D[F obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written concerning Developer' s DIF obligations on the Property, are merged into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Steven J. Ford, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney WOODSIDE CHANTEMAR, INC., a California Corporation By: Name: Title: By: Name: Title: (Two corporate officer' s signatures required or corporate authorization resolution) EXHIB IT "A" CHANTEMAR LEGAL DESCRIPTION The Chamemar property (Tract Nos. 28510-1; -2; -3; -0) is situated in the State of California, Coumy of Riverside, City of Temecula, and is described as follows: Tract No. 28510 - 1: Being Parcel "F" and a portion of parcel "C" of Lot Line Adjustmere No. PA98-0054, recorded April 9, 1998 as Instrumem No. 137810 of official records in the Office of the County Recorder of said Riverside County (Being located in Lots 3, 4 and 40 and North General Kearny Road as shown on'Tract No. 3334 filed in Book 54, Pages 25 through 30 of Maps in said Office of the Riverside County Recorder). Tract No. 28510-2: Being a portion of Parcel "C" of Lot Line Adjustment No. PA 98-0054 recorded April 9, 1998 as Instrument No. 137810 of official records in the Office of the County Recorder of said Riverside Coumy (being located in Lots 1, 2, and 3 and North General Kearny Road as shown on Tract No. 3334 filed in Book 54 Pages 25 through 30 of Maps in said Office of the Riverside County Recorder and in Lots 141 and 164 of the Temecula Land and Water Company as shown on a Map thereof filed in Book 8, Page 359 of Maps in the Office of the San Diego County Recorder). Tract No 28510-3: Being a portion or Parcel "C" of Lot Line Adjustment No. PA98-0054 recorded April 9, 1998 as Instrument No. 137810 of Official Records in the Office of the County Recorder of Said Riverside County (Being located in Lot 164 of the Temecula Land and Water Co. as shown on a Map filed in Book 8, Page 359 of Maps in the Office of the San Diego County Recorder). Tract No. 28510-0: Being a portion of Parcel "C" of Lot Line Adjustment No. PA98-0054 recorded April 9, 1998 as Instrument No. 137810 of official records in the Office of the County Recorder of said Riverside County (Being located in Lots 1 and 2 and North General Kearny Road as shown on Tract No. 3334 filed in Book 54, Pages 25 through 30 of Maps in said Office of the Riverside County Recorder). EXHIBIT "B" Preliminary Cost Estimate for Long Canyon Creek Park Tract No. 28510-1; Lot No. 81 Item Description Quantity Unit Item Cost Number 1 Grade Site (import 15,500 CUYD $1.50 fill) 2 Concrete Swale 150 LF $10.00 3 Demo. Ext. Curb 1 LS $1,500.00 and Sidewalk 4 New Curb cut and 2 EA"' $1,500.00 Sidewalk 5 6" PCC curb 240 LF $8.00 6 6"PCC Curb/Gutter 240 LF $10.00 7 3" AC pvmnt over 8,300 SF $1.50 6" Class II base 8 HC Ramp 1 LS $250.00 9 Prkg lot,sign,stripe 1 LS $1,500.00 10 PCC pavement 11,950 SF $4.00 11 Tot lot sub drain 1 LS $2,000.00 12 PCC Tot Lot edge 310 LF $25.00 13 HC Play Surface 1,200 SF $15.00 14 Play Equipment 1 LS $57,250.00 15 Wash plstr. sand 1 LS $2,000.00 16 Picnic Tble. Cover 2 EA $3,500.00 17 Picnic Tables 5 EA $1,000.00 18 Cast Metal BBQ's 5 EA $500.00 19 Drinking Fountain 1 EA $500.00 20 Steel Fence/Gates 1,085 LF $25.00 21 Split Rail Fence 260 LF $15.00 22 Meter and Lighting 1 LS $7,500.00 ~ Picnic Tables 23 Water Meter 1 LS $2,000.00 24 Backflow Prevent. 2 LS $2,000,00 25 Irrigation Cntrller. 1 LS $8,800.00 26 Irrigation system 144,800 SF $0.50 27 Soil Preparation 144,800 SF $0.15 28 Trees - 15 Gal. 76 EA $85.00 29 Shrubs 99 EA $7.00 30 Grnd. Cover 23, 175 SF $0.35 31 Hydroseed Turf 114,000 SF $0.10 32 Plant 1 LS $3,500.00 establishment 33 10% Design Fee 1 LS $25,000.00 Totals Total $23,250.00 $1,500.00 $1,500.00 $3,000.00 $1,920.00 $2,400.00 $12,450.00 $250.00 $1,500.00 847,800.00 $2,000.00 $7,750.00 $18,000.00 $57,250.00 $2,000.00 $7,000.00 $5,000.00 $2,500.00 $500.00 $27,125.00 $3,900.00 $7,500.00 $2,000.00 $4,000.00 $8,800.00 $72,400.00 $21,720.00 $6,460.00 $693.00 $8,112.00 $11,400.00 $3,500.00 $25.000.00 $400,180.00 Eligible for DIF Credit 0 0 0 0 $1,920.00 $2,400.00 $12,450.00 $250.00 $1,500.00 $47,800.00 $2,000.00 $7,500.00 $18,000.00 $57,250.00 $2,000.00 $7,000.00 ~5,000.00 $2,500.00 500.00 **$16,975.00 ~3,900.00 $7,500.00 0 ~4,000.00 ~8,800.00 $72,400.00 $21,720.00 ~6,460.00 $693.00 $8,112.00 $11,400.00 $3,500.00 $25,000.00 $358,530.00 *Item 20: provides credits of $16,275 ($15 per LF) for perimeter fencing and $700 for three (3) steel gates. R:\Yasinobk\camposverdes .difa~reement ITEM 10 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council William G. Hughes, Director of Public Works/City Engineer September 14, 1999 Completion and Acceptance for the Median Islands on Winchester Road west of Jefferson Avenue, Project No. PW97-21 PREPARED BY: Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: Accept the project "Median Islands on Winchester Road west Jefferson Avenue, Project PW97- 21", as complete; and File a Notice of Completion, release the performance Bond, and accept a six (6) months Maintenance Bond in the amount of 10% of the contract; and Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On November 10, 1998, the City Council awarded the contract to S. Parker Engineering, Inc. for an amount of $387,392.08. On March 4, 1999, the City Council directed staff to deleted that portion of the proposed median island from Enterprise Circle North/South to the ddveway at M & M Tire Company. A contract change order for an amount of -$54,052.81 was approved by the City Manager to delete this portion of the work. During the construction there were some minor increase in quantity extension costs, which included base material, curb, grouted river rock, signs, conduit, wire, irrigation and planting material. Also, there were some decreases in quantity extension costs, which included asphalt concrete, concrete, adjusting manhole cover, and irrigation material. The total additional quantity extension cost was in an amount of $6,246.61, bringing the total cost of the project to $339,585.88. This project also including the installation of a traffic signal at the intersection of Winchester Road and Enterprise Circle North/South. This work is being 80% funded by Surface Transportation Program (STP), which are Federal funds for local agencies to improve the safety and efficiency of the local transportation system. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded. F:\DEPTS\PW~,GDRPT\99\0914\PW97-21 .ACC.DOC/seh FISCAL IMPACT: The total amount for this project was $387,392.08. Contract Change Order No. I was approved by the City Manager in the amount of -$54,052.81. With some quantity extension costs of $6,246.61, the total cost of the project is $339,585.88. This project is funded through Measure A funds in the amount of $240,335.88, Surface Transportation Program (STP) funds in the amount of $78,744, and a balance of $20,506 from Signal Mitigation (DIF) funds. These funds have been appropriated in Accounts No. 210-165-686-5804 and 210-165-673-5804. ATTACH M E NTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit F:\DEPTS\PW~GDRPTL99\0914\PW97-21 .ACC.DOC/seh RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to So Parker Engineering, Inc. to perform the following work of improvement: Median Islands on Winchester Road west of Jefferson Avenue (includes Traffic Signal at Winchester Road at Enterprise Circle North/South) Project No. PW97-21 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on September 14, 1999. That upon said contract the Frontier Pacific Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PROJECT NO. PW 97-21. 6. The street address of said property is: Intersection at Jefferson Avenue & Winchester Road Dated at Temecula, California, this 14'h day of September 1999. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) ss Susan W. Jones CMC/AAE, City Clerk I, Susan W. Jones CMC/AAE, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 14"' day of September 1999. Susan W. Jones CMC/AAE, City Clerk ; c c prolects',f3w97 ,pw97-21 \cornpletn,not/Seh ~B/3B/1999 1B: 41 7149628437 EXECUTED IN DUPLICATE PARKER CONSTRUCTION BOND NUMBER: SD00034905 PAGE 86 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT · . MAINTENANCE. BOND '. PROJECT NO. 97-21 MEDIAN..ISL4NDS ON WINCHESTER ROAD W/O JEFFERSON AVENUE KNOW ALL PERSONS BY.THESE PRESENTS THAT, · S. PARKEi~' ENGINE:gRING,'. 'INC., 10059 WHTPPOORWILT, AVE. ,.' FO[JNTATN _ ' 'NAIVE ~I~D ADDRESS OF CONTRA CTOI~ · VALLEY, ' CA 92 7 0'8 ' ' a CORPORATION . . '." .' ' , hereinafter called Principal,. and (fill in whet~e~ a CorpOration, Partnersl~ip or individual) FRONTIER pACIFIC. TNSURANCE CONPANY, 4250 EXECUTIVE SQUARP., #.200'. LA JOLLA, CA'92037.. · .. , . .' N~M~ ~ND ADDRESS OF SURETY · ':' hereinafter 'calli~d SURETY,. are held and firmly bound unto CITY OF TEMECULA, '" ..'hereinafter+called OWNER,.in the 'penal sum of THIRTY :BIGHT THOUSAND SEVEN HUNDi~D. '.T..HIRTY ~INE"'.'_ ."..'" .. DOLLARS and TWENTY ONE CENTS " {$ 3 8,7 39.21 * * * * * * ,' ). in lawful money of the United States, said sum being not less th~ n ten percent (10%) of the Contract.value payable by the said City of Temecula under the terms the Contract, for the payment of. which, we bind ourselves, successors and assigns, jointly ard ' severally, firmly by these' presentS.~ : THE 'CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered. into a 'certa:.n '. '. · Contract with .the OWNER, dated. the 10TH day of NOVEMBER ,. 19 9 8 , a copy of which :S :'.:: · · hereto attached and made a part hereof for the construction of PROJECT NO. 97-21, MEDIA M ' 'ISLANDS ON WINCHESTER +ROAD WIO JEFFERSON AVENUE. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarant,! e for the period' of SiX-(6) monthS'year 'after approval of the final estimate on said job, by t|"e OWNER, against all defects' in workmanship end meterisle which may become apparent durin9 sad. period; and ..... · WHEREAS, the said Contract has' been completed, and was approved on .... 19 , .. · NOW, THEREFORE. T. HE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year froin the. date of approval Of the ·Said Contract, the work done under the terms of said Contract sh~ 11. disclose poor workmanship in the execution of said work, and the carrying out of the terms of sa ,d .contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remaifi in full force and vlrtUe,'otherwise this instrument shall be void. .Signed and sealed this· 31S.T day of AUGUST , 19 99 (Seal) MAINTENANCE BOND ~,\11EMEC_FS201%DATA~,DEFT~;~I:~,N~CIRRqOjECT~%p,VVg7~pVV97.21%B/D.DO.': O M-I Signed and sealed this 3 1 ST (Seal) day of AUGUST 19 99 SURETYFRONTIER PACIFIC COMPANY ~ By: ~';'.z4-- ~ ~ DWIGHT REiLLY (Name) ATTORNEY-IN-FACT (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney IN SURANCE :. PARKER ENGINEERING, (Title) (Name) {Title) INC. MAINTENANCE BOND 1%4-2 R:tClP~PROJECTStPWJ~,IRNI;/-21~IID.DOC- 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of San Bernardino On AUGUST 3 1, 19 9 9, before me, Dale personally appeared Dwight Reilly Susan Puqh, Notary Public Name and Title Of Officer (e g., 'Jar~e Doe. Notsty Public") Name(s) ol SIgner(s) [] personally known to me [] proved to me on the basis evidence of satisfactory ' N°tarYSPUublic - California Race Notary Seal Above to be the person(s) whose name~) is/l~J~ subscribed to the within instrument and acknowledged to me that he/~'ttl~be.~ executed the same in his/b~/~:beir authorized capacity(lEa0, and that by his/ll~'~/~ signature(s~) on the instrument the person(~), or the entity upon behalf of which the person(~ acted, executed the instrument. WITNESS my hand and official seal. ""' Signature ol Notary Public SUSAN PUGH OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document z,v~iNTENANCp. BOND Title or Type of Document: Document Date: AUGUST 31, 1999 Numberof Pages: 2 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer Signer's Name: Dwight Reilly [] Individual [] Corporate Officer -- Title(s): [] Padner- [] Limited [] General ~3 Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Top of thumb here Signer Is Representing: FRONTIER PACIFIC INSURANCE COMPANY 1997 National Nolaty Associ,qlion · 9350 De Solo Ave., P.O. Box 2402 · Chalswodh, CA 91313 2402Prod No 5907Reorder: Call Toll-Free 1-800-876-6~27 (A CahfOrn~a Cornpony) 2250 Executive Square, Suffe 200, La jotlQ, Cahfornla 92037 POWER OF ATTORNEY ~ltottl .2':~[[ 3'I'lL'It ~'{U LTI!L'eL' 1'] rc_-~L'nts: T"at FRONTIER PACIFIC INSURANCE COMPANY a Cahfornia Corporanon, having its pnncipal office n La jolla Cahforn~a pursuant to the ': .:,vmg reso~ahon. adopted by the Board of Directors of the Corporation on the 15th day of November, 1991 'RESOLVED that the Cha~rr"_=.~ :' me Boa,d the President. or any Vice President be and hereby ~s. authorized to appoint Attorneys-m- Fact to represent and act for a n:: - sena!f of the Company to execute Ponds. undertakingS, recogmzances and other contracts of ~ndemnlty and wrmngs obligatory m the "at.~re hereof and to attach thereto the corporate seat of the Company, m the transaction of its surety bus~neSs: RESOLVED. that the s~gnatu res a- D attestahons of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating there:: s! facs~mne. and any such Power of Attorney or certificate beanng such facsimile s~gnatures or facsimile seal shall be rand and b~ ndmg ucc" the Company when so affixed wdh respect to any bond, undertakmg, recOgmzance or other contract of ~ndemmty or writing obhgatory n t~e nature thereof: 'RESOLVED that any such Attorre, -,n-Fact dehvering a secretarial certd~cahon that the foregorag resolutions still be in effect may insert in such certification the date thetee, sa,d date to be not later than the date of denvery thereof by such Attorney-m-Fact." This Power of Attorney ~s signed an'; sealed ~n facs~mde under and by the authority of the above Resolution. DOES HEREBY MAKE. CONSTITUTE -:'.2, APPOINT H, J, DUEOK DWIGHT REILLY VICKI MARTINEZ CHRISTOPHER S. HOPPER of Upland ,n the State of California ~ts true and lawful Attorney(s)-Pn-Fact ,,i :n full power and authority hereby conferred in its name. place and stead to sign, execute, acknowledge and delwer ~n ds behalf. and as ~ts act and ceed w~thout power of redelegat~on, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust; guaranteetng the performance of contracts other than msurance policies; and executing or guaranteerag bonds and undertakings requered or permetted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as ~f such bond Or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY. and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed· 3In [[lit,~,es ]:tll!~'rctff, FRONTI EP PACIFIC INSURANCE COMPANY of La Jolla. Cahfornla. has caused this Power of Attorney to be signed by its V~ce President and ~ts Corporate seal to be affixed tms 26th day of August .19 97 FRONTIER PACIFIC INSURANCE COMPANY ....... ~",';;~;;;~:; ..... ~"~' ,.....: ................"' DAVID E- CAMPBELL, Vice President STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On AugUst 26, 1997 before me, Nydia Odiz, personally appeared David E. Campbell, personally known to me or proved to me on the basis of satisfactory evidence to b e 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 s~gnature 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 i.,,.....) Corporation Acknowledgement I. the unders~gned. Joseph P LC ugnhn. Sec 'etary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY. of winch the foregoing s a full. true and correct copy, is ~n full force and effect IN WITNESS WHEREOF, I "a.e hereunto subscribed my name as Joseph P Loughlin Secretary. and affixed the Corporate Seal of the Corporation th,s 31ST cay of AUGUST . t9 :-M~9 5002A FP~296~ · Loughlin, Secretary CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. 97-2 1 MEDIAN ISLANDS ON WINCHESTER ROAD W/O JEFFERSON AVENUE This is to certify that S. Parker Engineering, Inc. , (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. 97- 21, MEDIAN ISLANDS ON WINCHESTER ROAD W/O JEFFERSON AVENUE, situated in the City of Temecula, State of California, more particularly described as follows: MEDIAN ISLANDS ON WINCHESTER ROAD W/O JEFFERSON AVENUE The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contracts Code §7200, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contact amount which the CONTRACTOR has not disputed above. Dated: 8-3[-99 By: Signature Steve T. Parker - President Print Name and Title RELEASE R-1 R:\CIP~I~IOJECTS\PW97\PW97-21~BID.DOC ITEM 11 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT APPROVAL~(~~r~ CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER City Manager/City Council William G. Hughes, Director of Public Works/City Engineer September 14, 1999 Completion and Acceptance for the I-15 Southbound Off-Ramp Widening at Winchester Road, Project No. PW97-03 _PREPARED BY: Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: Accept the project for the 1-15 Southbound Off-Ramp Widening at Winchester Road, Project No. PW97-03, as complete; and , File a Notice of Completion, release the performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; and , Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On September 22, 1998 the City Council awarded the contract to Riverside Construction Company for an amount of $234,000.000. Two contract change orders for an amount of $22,906.36 was approved by the City Manager. Two additional contract change orders for an amount of $51,884.94 was approved by the City Council on June 8, 1999. Also, there were some increases in quantity extension costs totaling amount of $493.64. This brings the total cost of the project to $309,284.94. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction ~'etention for this project will be released on or about 35 days after the Notice of Completion has been recorded. FISCAL IMPACT: The total amount for this project was $234,000.00. Contract change order nos. I through 4 was approved in the amount of $74,791.30. With some quantity extension costs of $493.64, bdnging the total cost of the project to $309,284.94. This project is funded through Capital Reserves and Redevelopment Agency funds. These funds have been appropriated in Account No. 210-165-697-5804. ATTACH M ENTS: Notice of Completion Maintenance Bond Contractor's Affidavit 1 R: ~,AG DRPT\9~0q 14XPWc~/-03. ACC. DOC/se.,h RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to Riverside Construction Company to perform the following work of improvement: I-15 Southbound Off-Ramp Widening at Winchester Road Project No. PW97-03 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on September 14, 1999. That upon said contract the Safeco Insurance Company of America was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PROJECT NO. PW 97-03. 6. The street address of said property is: 1-15 Freeway at the Southbound Off-Ramp & Winchester Road Dated at Temecula, California, this 14'h day of September 1999. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Susan W. Jones CMC/AAE, City Clerk I, Susan W. Jones CMC/AAE, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 14th day of September 1999. Susan W. Jones CMC/AAE, City Clerk R:'c~p\prolects\pwg?\pw97*03 ccm~e[n.not/seh CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PW97-03 WINCHESTER ~ 16 OFF-RAMP WIDENINC Bond~5952874 KNOW ALL PERSONS BY THESE PRESENTS THAT: Riverside Construction Co~3any, 111 N..~.~in Street, Riverside, CA 92502 NAME AND ADDRESS OF CONTRACTOR a Corporation (fill in whetfief a Corporario-:, Pannershil~ or individual/ , hereinafter called Principal, and SAFECO Insurance Company of America, 4 Hutton Centre, ~250-B,Santa Ana, CA 92707 NAME AND ADDRESS OF SURETY hereinafter called SURETY. are held and firmly bound unto CITY OF TEMECULA, heroinafter called OWNER, in the penal sum of Twenty three thousand four hundred DOLLARS end zero CENTS ($ 23i400.00 ' ) in lawful money of the United States. said sum ~3eting not less than l:en perc~n{ (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whe;p. as, the Principal entered into a certain Contract with the OWNER, dated the 22nd day of SePternher 19 98, a colby of which is hereto attached and made a pan hereof for the ~or~structior{ of PROJECT NO. FW97-03, WINCHESTER e 15 OFF-RAMP WIDENING. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the Deriod of ORe (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, end was approved on-Se.~temher 1~, · 1099.. NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the said Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract. or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue. otherwise this instrument shall be void. Signed and sealed this 31st day of August , 19 99 (Seal) MAINTENANCE BOND M-I r:~cip\ptojc;ts~pw97\pw97-03\bid~to~ 1 .cry ' POWER S A F E (:::: (:::)' OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEA'fiLE. WASHINGTON 98185 No. 10433 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereDy appoint *****************************************************'l"qS'J J. RABB~TT; Sallta t%4oIlica, C81jfo11118***************************************************************=** its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this I lth day of June 1999 R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomey.s-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the s~Jnatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof. may be impressed or aff'Lxed Or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power.-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, ancl the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 31St day of AUgUSt 1999 OF WAS~ R.A. PIERSON, SECRETARY S-0974/SAEF 7/98 ® Registered trademark of SAFECO Corporation 6/11/99 PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of o~ -.~ Date personally appeared Nametsl of S~gner(s) l~-personally known to me ~ proved to me on the basis evidence of satisfactory Notary Public - California to be the person/ref~hose name,(.s-F is/~af-e-- subscribed to the within instrument and acknowledged to me that he/~he/tl,ey executed the same in his/har/thoir, authorized capacity(j~9-)T and that by his/.her/thc,iP signatur~n the instrument the persoNda')gar the entity upon behalf of which the perso~ acted, executed the instrument. PFace Notary Seal Above WITNESS m~~12 ,~seal. OPTIONAL Though the information be/ow is not required by/aw, it may prove valuab/e to persons re/ying on the document and could prevent fraudulent removal and reattachment of this form to another document. Document Date: ~1/'" c:~(//f f'¢' Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Si ner Signer's Name: '7'/~ !~ Individual Corporate Officer -- Title(s): Partner- ~. Limited , General '~Attorney in Fact Trustee Guardian or Conservator Other: ~;13 of tr~umb here Signer Is Representing: · 997 Nahonal Notary AssoQation · 9350 De Soto Ave P O 8c~ 2-'52 · Chatsworth CA 91313 2402 Prod No 5907 z'eorcer Carl Toil-Free 1-800-876~6827 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW97-03 WINCHESTER ~ 15 OFF-RAMP WIDENING all materials, supplies, labor, services, I CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW97-03, WINCHESTER L~ 15 OFF-RAMP WIDENING, situated in the City of Temecula, State of California, more particularly described as follows: WINCHESTER ~ 15 OFF-RAMP WIDENING The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contracts Code {}7200, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contact amount which the CONTRACTOR has not disputed above. Dated: '~ ~,zt~'~ By: / CONT ACTOR pS;~nj Ti~,~iiV r:\cip\projccts\pw97Xpw97-03\bid-clo¢ 1 .cry RELEASE R-1 ITEM 12 APPRO~ CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Herman D. Parker, Director of Community Services September 14, 1999 Acceptance of Park Landscape Bonds and Agreement for Tract No. 28510-1: Woodside Chantemar, Inc. (North General Kearny Road at Margarita Road) PREPARED BY: W~-:"~\Beryl Yasinosky, Development Services Analyst RECOMMENDATION: That the City Council: Accept the agreement and surety bonds from Woodside Chantemar, Inc. to improve the park site within Tract No. 28510-1. BACKGROUND: Pursuant to the conditions of approval for Tract No. 28510-1, the developer is proposing to improve and dedicate a 3.15 acre neighborhood park facility to the City. The future park site, named Long Canyon Creek Park, is located on the south side of North General Kearny Road, east of Margarita Road. To insure that the future park facility is constructed to City standards, the developer is required to post security to improve these areas based upon the approved landscape/irrigation plans and the certified construction cost estimates for the improvements. As a result, Woodside Chantemar, Inc. has entered into an agreement with the City and has provided surety bonds, issued by American Motorists Insurance Company, as follows: Long Canyon Creek Park Tract No. 28510-1: 1. AMIC Faithful Performance Bond No. 3SM 958 201 00 the amount of ,~412,698.00. 2. AMIC Labor and Materials Bond No. 3SM 958 201 00 in the amount of 9206,349.00. Upon completion and acceptance of the improvements by the City Council, staff will recommend the appropriate release or reduction of the bonds. r:\yasinobk\28510.landecapebond 081099 FISCAL IMPACT: be borne by the developer. ATTACHMENTS: None. The cost of construction for the perimeter slope area will Agreement/Bonds. r: \yasinobk\28510. landscapebond 081099 CITY OF TEMECULA PARKI,AND / LANDSCAPE 1MPROVEMKNT AGREEMY'aNT DATE OF AGREE/vfli~NT: July 20, 1999 NAME OF SUBDIVIDER: Woodside Chantemar, Inc. (Referred to as "SUBDIVIDER") NAME OF SUBDIVISION: Campos Verdes (Referred to as "SUBDIVIDER") TRACT NO.: 2 8 5 10. - 1 3,15 acre PARK TENTATIVE MAP RESOLUTION OF APPROVAL NO.: PA98- 0323 (Referred to as "Resolution of Approval") PARKLAND IMPROVEMENT PLANS NO.: CSD 99-005 (Referred to as "Resolution of Approval") ESTIMATED TOTAL COST OF PARKLAND IMPROVF~IENTS: S 41 2,698.00 COMPLETION DATE: Apri ] 2000 NAME OF SURETY AND BOND NO. FOR LABOR AND MATERIALS BOND: Ameri can Mnt-ori stS Insurance Co. ~SI~A I~'~5 7_0 I O0 NAME OF SURETY AND BOND NO. FOR FAITHFUL PERFORMANCE BOND: Ameri can Motori sts Insurance Co, ,','~-.~M, qg~ b I O O NAME OF SURETY AND BOND NO. FOR WARRANTY BOND: -- ~//A Am~-r~can Motorists Insurance Co, File: R:~8~CONTRACTSM..NOSCAPE.AGR This Agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California. hereinafter referred to as CITY, and the SUBDIVIDE. RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the f~ing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision I.~ws and to the requirements and conditior~s contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. SUBDIVIDER is required as a condition of the approval of the tentative map that the Parkland Improvement plans must be completed, in compliance with City standards, by the Completion Date. The Subdivision Laws establish as a condition precedent to the approval of a final map, that the SUBDIVIDER has entered into a secured Agreement with the CITY to complete the Parkland/l-qndscape Improvement Plans within the Completion Date. D. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby promises to install and complete, at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work requLre..d by City in connection with proposed subdivision. Subdivider has secured this agreement File: R:',B:CONTRACTS~LNDSCAI~.AGR 2 by Parkland/Landscaping Improvement Security required by the Subdivision Laws and approved by the City Attorney. The term "Parkland" includes landscape areas intended to be maintained by the Temecula Community Services District. E. Complete Parkland/Landscape Improvement Plans for the construction. installation and completion of the Parkland Improvements have been prepared by SUBDIVIDER and approved by the Director of Community Services. The Parkland Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the Director of Community Services and are incorporated into this Agreement by this reference. All references in this Agreement to the Parkland Improvement Plans shall include reference to any specifications for the Improvements as approved by the Director of Community Services. F. An estimate of the cost for construction of the Parkland Improvements according to the Improvement Plans has been made and approved by the Director of Community Services. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. The CITY has adopted standards for the construction and installation of Parkland/Landscape Improvements within the CITY. The Parkland/Landscape Improvement Plans have been prepared in conformance with the CITY standards, (in effect on the date of approval of the Resolution of Approval). H. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial fights upon SUBDIVIDER, including the fight to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDM SION. As a result, CITY will be damaged to the extent of the cost of installation of the Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform File: R:XB~CONTRACTSXI..NDSCAPE.AGR ~ its obligations under this Agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of Parkland/Landscape Improvements by the Completion Date. CITY shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOW, TIq'h"REFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows; 1. SU~DIVIDER'S Obligations to Construct Parkland/Landscape Improvements. SUBDIVIDER Shall: Comply with all the requirements of the Resolution of Approval, amendments thereto, and with the provisions of the Subdivision ae and any Laws. b. Complete by the time established in Section 20 of this Agreement and at SUBDIVIDER'S own expense. all the Parkland/Landscape Improvement Work required on the Tentative Map and Resolution of Approval in conformance with the Parkland Improvement Plans and the CITY standards: c. Furnish the necessary materials for completion of the Parkland Improvements in conformity with the Parkland Improvement Plans and CITY standards. d. Except for easements or other interests in real property to be dedicated to the homeowners association of the SUBDIVISION, acquire and dedicate, or pay the cost of acquisition by CITY, of aH fights-of-way, easements File: R:XRXCONTRACTS\LNDSCAI~.AGR 4 and other interests in real property for construction or installation of the Parkland/Landscape Improvements, free and clear of all Hens and encumbrances for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site fights-of-way, easements and other interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Accluisition and Dedication of F-qsements or Rights-of-Way. If any of the Parkland/Landscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate fights-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, Or b. The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, and approved by the Department of Public Works. as determined by the Director of Community Services. c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance File: R:\B~CONTRACTS'~LNDSCAPE.AGR 5 of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the mounts as fol/ows: a. to assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of the Parkland/Landscape Improvements; and b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for Parkland/Landscape Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50 % of the estimated cost of the Improvements; and c. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials fumished in the additional amount of 10% of the estimated cost of the Parkland Improvements. The securities required by this Agreement shall be kept on fide with the City Clerk. The terms of the security documents referenced on Page I of this Agreement are incorporated into this Agreement by this Reference. If any security is replaced by another approved security, the replacement shall be tided with the City Clerk and, upon F~ing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Parkland Improvement Plans. a. Any changes, alterations or additions to the Parkland/Landscape Improvement Plans and specifications or to the improvements, not exceeding 10% File: R:\B\CONTRACTS%LNDSCAP~.AGR 6 of the original estimated cost if the improvement, which are mutually agreed upon by the CITY and SUBDIVIDER. shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes. alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Paragraph 3 of this Agreement for 100 % of the total estimated cost of the improvement as changed. altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this Agreement. b. The SUBDIVIDER shall construct the Parkland Improvements in accordance with the CITY Standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary, to protect the public health, safety or welfare or comply with applicable State or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements. CITY may apply the standards in effect at the time of the extension. 5. Inspection and Maintenance Period. a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape Improvements in accordance with the City standards in effect at the time of adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the Parkland Improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a final inspection by the Director of Community Services, or the Director of Community File: R: B\CONTRACTS\I,,NDSCAPE.AGR Service 's authorized representative. If the Director of Community Services, or the designated representative. determine that the work has been completed in accordance with this Agreement. then the Director of Community Services shall certify the completion of the Parkland/Landscape Improvements to the Board of Directors. b. SUBDIVIDER shall continue to maintain the Parkland/l-qndscape Improvements for ninety (90) days after they have been certified completed. No improvements shall be f'mally accepted unless the maintenance period has expired. and all aspects of the work have been inspected and determined to have been completed in accordance with the Parkland/Landscape Improvement Plans and CITY standards. certification. 6. Release of Securities. SUBDIVIDER shah bear aH costs of inspection and Subject to approval by the Board of Directors of the Community Services District of the CITY, the securities required by this Agreement shah be released as follows: a. Security given for faithful performance of any act, obligation. work or Agreement shall be released upon the expiration of the maintenance period and the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The Director of Community Services may release a portion of the security given for faithful performance of improvement work as the Parkland Improvement progresses upon application therefore by the SUBDIVIDE: File: R:%B%CONTI=~ACTS"VJNIDSCAP~.AGR ~ provided. however, that no such release shall be for an amount less that 25 % of the total Parkland Improvement Security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50% of the total Landscape/Parkland Improvement Security given for faithful performance until expiration of the maintenance period and f'mai completion and acceptance of the improvement work. In no event shall the Director of Community Services authorize a release of the Parkland/Landscape Improvement Security which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom lien have been flied and of which notice has been given to the legislative body, plus an amount masonably determined by the Director of Community Services to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims fried during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance of all work and File: R:~B\CONTRACTS~LNDSCAPE.AGR 9 improvements by the City Council. e. The CITY may retain from any security released, and amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 7. Injury to Public Improvements. Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired. as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged or destroyed by reason of any work done under this Agreement. SUBDIVIDER shall bear the entire cost of replacment or repairs of any and all public property on public utility property damaged or destroyed by reason of any work done. Under this agreement whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination or such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. Permits. SUBDIVIDER shall, at SUBDIVIDER"S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUEDIVIDFR. a. Default of SUBDIVIDER shall include. but not be limited to, SUBDIVIDER'S failure to timely commence construction pursuant to this Agreement; SUBDIVIDER'S failure to timely complete construction of the File: R:~B~CONTRACTS'~LNDSCAPI=.AGR l () Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure any defect in the Parkland/Landscape Improvements: SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver. or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER's failure to perform anv other obligation under this Agreement. b. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. The CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of Parkland/Landscape Improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the Parkland/Landscape Improvements in accordance with the Parkland/Landscape Improvement Plans and specifications contained herein. In the event of SUBDIVIDER'S default under this Agreement. SUBDIVIDER File: ~q ~- CONTRACTSXUNDSCAPE.AGR 1 I authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and. in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work. such materials. appliances. plant and other property belonging to SUBDIVIDER as may be on the site of the work and necessary. for performance of the work. c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this Subsection C is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. d. In the event that SUBDIVIDER fails to perform any obligation hemunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations. including costs of suit and reasonable attorney's fees. e. The failure of CITY to take an enforcement action with respect to File: R:%B\CONTRACTS',LNDSCApE.AGR 12 a default. or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement for a period of one year after expiration of the maintenance period and f'mal acceptance by the City. Council of the work and improvements against any defective work or labor done or defective materials furnished. Where ParklanckLandscape Improvements are to be constructed in phases or sections, the one year warranty period shall commence after City acceptance of the last completed improvement. If within the warranty period any work or improvement or part of any work or improvement done. furnished. installed. constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulf~l any of the requirements of this &re'cement or the Parkland/Landscape Improvement Plans and specifications referred to herein. SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement. SUBDIVIDER hereby authorizes CITY, at CITY option. to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's Surety and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified. CITY may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. SU~DIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. File: R:XBXCONTRACTS~J.,NDSCAPE.AGR I 3 12. Ir0ury to Work. Until such time as the Parldand/lnndscape Improvements are accepted by CITY, SUBDIVIDER shah be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties. or from entering into agreement with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SITRDIVIDF. R'S Obligation to Warn Public During Construction. Until final acceptance of the Parkland Improvements. SUBDIVIDER shall give good and adequate warning to the public of each and every. dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vesting of Ownership. Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made bv the City Council upon recommendation of the Director of Community Services after final completion and inspection of all Parkland/Landscape Improvements. The Board of Directors shall F,te: R:\B CONTRACTS'~..ND,SCAPE.AGR 14 act upon the Director of Community Ser,,,ices recommendations within thirty (30) days from the date the Director of Community Services certifies that the work has finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity/Hold Hamless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioneel by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIDER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims. demands, causes of action, liability or loss of any sort, because of. or arising out of. acts or omissions or SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of. or arising out of, in whole or in part, the design or construction of the Parkland/lnndscape Improvements. This indemnification and Agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Parkland/Landscape Improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems. streets and other public improvements. Acceptance of any of the Parkland/Landscape Improvements shall not constitute any assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the Parkland/Landscape Improvements pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any negligent action or inaction taken by the CITY in approving the plans, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the Director of Community Services before approval of the File: R:~B\CONTRACTSXI..NDSCAPE.AGR 15 particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of Parkland/Landscape Improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Parkland/landscape Improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence. nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or The improvement security shall not be required to cover the provision of this construction. paragraph. 18. Sale or Disposition of SURDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person. the SUBDIVIDER may request a novadon of this Agreement and a substitution of security. Upon approval of the novadon and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novadon shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDE. 19. Time of the Essence. Time is of the essence of this Agreement. 20. Time for Completion of Work Extensions. SUBDIVIDE shall complete File: R:XBt, CONTRACTS'~J,,NDSCAPE.AGR 16 construction of the improvements required by this Agreement no later than · In the event good cause exists as determined by the City Engineer, and ff otherwise permitted under the tentative map condition, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the Director of Community. Services. Any such extension may be granted without notice to SLrBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The Director of Community Services shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDE to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God. which SUBDIVIDE could not have reasonably foreseen. or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts. similar actions by employees or labor organizations. which prevent the conducting or work. and which were not caused by or contributed to by SUBDIVIDE, shall constitute good cause for an extension of time for completion. As a condition of such extension. the Director of Community Services may require SUBDIVIDE to fumish new security guaranteeing performance of this Agreement as extended in an increased mount as necessary to compensate for any increase in construction costs as determined by the Director of Community Services. 21. No Vesting of Rights. Performance by SUBDIVIDE of this Agreement shall not be construed to vest SUBDIVIDER'S fights with respect to any change in any change in any zoning or building law or ordinance. 22. NoticeS. All notices required or provided for under this Agreement shall be File: R:\B CONTRACTSXLNOSCAPIE.AGR l 7 in writing and delivered in person or sent by marl, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shah be addressed as follows unless a written change of address is fled with the City: Notice to CITY: City. Clerk City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Notice to SUBDIVIDE: Woodside Chatemar, Inc. c/o Woodside Homes of California, Attn: Nate Pugsley 23121 Antonio Pkwy., Ste. 120 Rancho Santa Margarita, CA 92688 23. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. File: R:~B~CONTRACTSXLNDSCAPE.AGR l 8 26. Incorporation of Recitals. into the terms of this agreement. 27. Entire Agreement. The reciml~ to this agreement are hereby incorporated This Agreement constitutes the entire Agreement of the pardes with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the panics. In the case of the CITY, the appropriate party shall be the City Manager. File: R:~B~CONTRACTSXLNOSCAP~.AGR 19 IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Mayor. Name: Nate Title: Asst. Sec. By: Name: Tim McGinnis Title: Sr. V.P. CITY OF TEMECULA By: steven J. Ford, Mayor (Proper Notarization of SUBDIVIDER'S signature is required and shall be attached) ATTEST: By: Susan W. Jones, CMC City Clerk RECO1VINIENDED FOR APPROVAL: By: William G. Hughes Director of Public Works/City Engineer By: Name: Herman D. Parker Director of Community Services APPROVED AS TO FORM: By: Peter Thorson City Attorney FiFe: R:~B%CONTRACTS'&ND,SCAPE.AGR 20 PRELIMINARY COST ESTIMATE NEIGHBORHOOD PARK CAMPOS VERDES PLANNING AREA 1 WOODSIDE HOMES July 21, 1999 Prepared by Alaa Chaabani, Landscape Planner JN15-0401367.001 Item Number 1 2 3 8 9 10 11 12 13 14 15 16 17 Description Quantity Unit Grade site (import fill) 15,500 CUYD Construct concrete swale 150 LF Demo. Existing curb & 1 LS sidewalk Construct new curb cut & 2 EA sidewalk Construct 6" PCC curb 240 LF Construct 6" PCC curb and 240 LF gutter Construct 3" AC pavement 7,570 SF over 6" class II base Construct HC ramp 1 LS Construct parking lot, HC 1 LS parking sign and stripe Construct PCC pavement Construct Construct Construct Construct Tot Lot sub-drain PCC Tot Lot edge HC play surface play equipment Place washed plaster sand Install prefabricated picnic table covers Install precast concrete picnic tables 14,442 1 310 1,360 1 1 2 SF LS LF SF LS LS EA EA Item Cost $1.5o $1o.oo $1,500.00 $1,500.00 $8.00 $10.00 $1.50 $250.00 $1,500.00 $4.00 $2,OOO.OO $25.00 $15.00 $57,250.O0 $2,20O.OO $3,500.00 $1,000.00 Total $23,250.00 $1,500.00 $1,500.00 $3,000.00 $1,920.00 $2,400.00 $11,355.00 $250.00 $1,500.00 $57,768.00 $2,000.00 $7,750.00 $20,400.00 $57,250.00 $2,200.00 $7,000.00 $5,000.00 18 Install cast metal BBQ 5 EA $500.00 $2,500.00 Item Number 19 Description Quantity Unit Install precast concrete 1 EA drinking fountain 20 Tube steel fence and gates 1,085 LF $25.00 $27,125.00 21 Recycled plastic split rail 260 LF $15.00 $3,900.00 fence Construct electric meter and 1 LS lighting at picnic tables 23 Install water meter 1 LS $2,000.00 $2,000.00 24 Install backflow preventer 2 LS $2,000.00 $4,000.00 25 Install irrigation controller 1 LS $8,800.00 $8,800.00 26 Construct spray irrigation 115300 SF $0.50 $57,650.00 system 27 Soil preparation 115300 SF $0.15 $17,295.00 28 Install trees - 15 gal. 76 EA $85.00 $6,460.00 29 Install shrubs - 1 gal. 99 EA $7.00 $693.00 30 Ground cover from flats 19,348 SF $0.35 $6,771.73 31 Hydroseed tuff 96,000 SF $0.10 $9,600.00 32 90 day plant establishment 1 LS $3,500.00 $3,500.00 33 10% Professional Design Fee 1 LS $25,000.00 $25,000.00 Subtotal: $389,337.73 6% Contingency: $23,360.26 TOTAL: $412,698.00 Item Cost Total $500.00 $500.00 22 $7,500.00 $7,500.00 Since ENGINEER has no control over labor, materials, equipment or services furnished by others or over the Contractor(s)' method of determining prices, or over the competive bidding or market conditions, its opinions of probable Project Cost and Construction Cost provided herein are to be made on the basis of its experience and quailifications and represents its best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but ENGINEER cannot and does not guarantee that proposals, bids or actual Project or Construction Cost will not vary from its opinion of probable cost. If prior to the Bidding or Negotiating Phase, OWNER wishes greater assurance as a to Project Cost, it shall employ an independent cost estimator. ~ Approved by: II:\GRPIOXPDATA\OFFICL~WPWINxJOBpLXLANDSCpEM01567CM.VRD~park~v2.wtxl ~F'CA~.\~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE } ss. On '7 ' Z~- ~fl , before me, Rochelle M. Sromalla, Notary Publi~ Date Name ancl Title of Officer (e.g., "Jane Doe. Notary Public') f x personally known to me Z proved to me on the basis of satisfactory evidence subscribed to the t capacitg:(jS'_~'D and that by -his//p.~~ signatureL~on the instrument the perso~ or ~~,~,~z~ the entity upon behalf of which the person~ ~ ~ seal. Place Nota~ Seal Above OPTIONAL Though the information below is not re~yuired by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Corporate Officer -- Title(s): Partner- ~ Limited ~_ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: 1997 Nalional Notary Association · 9350 De Soto Ave.. PO, Box 2402 · Chatsworth. CA 91313-2402 Prod. No. 5907 Reof0er: Call Toll-Free 1-800-876-6827 Bond Number: 3SM 958 201 00 Premium:$3,302.00/Two Years CFfYOFTENIECLTLAFirst Term Premium Fully Earned PARKLAND/LANDSCAPE FAIItSIJL PERFORMANCE BOND IArHEP, EAS, the City of Temecula, State of California, and Wr~c,d-~i ap Chant, ernest, (hereinat~er designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain parkland Improvemems, which said Agreerent, dated July I~4 19~lq , and identified as Project Tract 285,10-1 3,15 acre PARK , is hereby referred to and made a part hereof, and WI-IF-R.EAS, Principal is required under the terms ofthe Agreement to furnish a bond for the Faithful Performance of the Agreemere; American MOtoristS InsuranCe NOW, TtF_REFORE, we the Principal and as surety, ac~gnE~dy and firmly bound umo the City of Temecula, California, in the penal sum of $ 4 12,6 9 8.0 0 , (Four Hundred Twelve Thousand Six Hundred Ninety Eight and No/100ths) lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly k~p, and perform the covenants, conditions, and provisions in the Agre~aent and any alteration thereof made as therein provided, on his or tlmir part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the City. of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face mount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by City in successfuI!y enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition m the terms of the Agreement or the work or to the ~pecifications. Ill !IlC. IN WITNESS WHEREOF, this instrument has been duly execumd by the Principal and Suretyabovcrnmed, on j.]y ~,1~ ,19.~q.~. American Motorists Insurance Company SLrP, ETY Woodside Chantemar, Inc. PRINCIPAL BY: Wil ~t. J. Shupper Atto~ney-i'n-Fact Nathan W, Asst. Sec. BY: Tim McGinnis .qr, V,P, (TrrLE) APPROVED AS TO FORM: Peter Thorsen City CALIFORNia ALL-PURPOsE ACKNOWLEDGMENT State of California County of Los An.aeles On JUL 19 1999 before me, C. Clarkson, Notary Public, NAME, TITLE OF OFFICER personally appeared William J. Shupper NAME OF SIGNER IPersonally known to me - OR - I'1 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. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE(S) Bond(s) TITLE OR TYPE OF DOCUMENT PARTNER(S) [] LIMITED [] GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES JUL Z 9 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE ss. On '7- l, c2-'~I , before me, Date personally appeared N~ th~ n W. Rochelle M. Sromalla, Notary Public Name and TiTle of Officer (e.g., "Jane DOe. Notary Public ') p,q.~] ~ &Tim McGinnis , Xmezs) of Slgneqs) _~ personally known to me _' proved to me on the basis of satisfactory evidence Place Notan/Seal subscribed to the within i acknowledged to me that he/she~xecuted the same in his/he~ authorized capacity(ies), and that by his/he~ signature(s) on the instrument the pemon(s), or the entity upon behalf of which the person(s) OPTIONAL Though the informat#on l}elow is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal ancl reattacnment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 2 Individual _' Corporate Officer -- Title(s): ' Partner- .'" Limited _' General ' Attorney in Fact _' Trustee ' Guardian or Conservator ' Other: ToD or lhumD here Signer Is Representing: 997 NatKxtal Notary A, ssocBbon · 9350 De Solo Ave.. P.O, Box 2402 · Chatsworm, CA 91313-2402 Prod, NO, 5907 Reorae~, Call Toll*Free 1-800-876-6827 Bond Number: 3SM 958 201 00 CITY OF TEM]ECULA PA.P_KLANDILA. NDSC.kPE L--XBOR AND MATERIALS BONID ~]:-~S, the City of TcmccuiL Sum of California, and Woqdside Chantemar, , (heremaker designated zs "Principal") have entered into an Agreement whereby Principal agrees [o instrail and complete certain Ps. rkland Improvements. which stud Agreement. daxed July 19- , 19 99~ and identifiexi as Projec: TR 28510-1 . 3.1_5 is hereby referred to and made a pan k_=reof: and WI~RF_A.S. under the tenns of said Agreement. Principal is required before entering upon the perform ace of the work. ,.o Fie a good and sufficient payment bond with the Cky of Temecula. to secure the claims to which reference is made in Title 15 (commencing with Section 3082] of Part ~ of Division 3 of the C'~vLt Code of the State of Cqlifomia: and NOW, THEREFORE. we me mrincioal and as SuretT, and fLrmly bound unto the City of Temecula. California, and all conuactots. subcontractors. laborers, materialmen. and other vetsons employed in the performance of the a/oresaid I;266,34'9 bo Agreement and referred to in Title i5 of ;he C';vil Code, in the penal sum oi ~ , ! wful (Two Hundred Six Thousand Three Hundred Forty Nine and No/i00ths) money of the United States, for marefinis funUshed or labor thereon of any -kind. or for mounts due under the Unemployment Insurance Act with red'peel to such work or labor, :hat Surety. wLH pay the same in an mount uo~ exceeding thg mount set forth. As a part of the obligaUon secured hereby and in addition to ~he face amoun~ specified therefor, ther~ shall be included cosm and reasonable expenses and fees, including reasonable attomey's fees, incurred by City in successfully enforcing such oblig.~r. ion. all to be ~,ced Irlc. PARK costs and included in any judgemen: rendered. IL is hereby expressly stipulated and a~re-,,d that this bond shall insure to the benefit of any and all persons, companies and corporations end:led to fijc claims unaer Title 15 (commencing with Section 3082) of Par~ ¢ of Division 3 of the C~v~ Cod6, so as to ~ve Ix right of action to ~hem or :hei~ assigns in any suit brought upon this bond. Lf the condition of this bond is fully performed, then this obligaUon shall become null and void; otherwise. i~: shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time. Mteration or addition co the terms of the Agreement or to the work to be performed :heraunder or the speciz'~c=tions ~ccompzaying the same shall in anyway affect its obligations on this bond. and it does hereby waive uodce of any such changes..-'xtension of time, .~ltcrution or addition to the terms of ~he A~o'reement or :o the work or to the speci/icarions. IN WITNESS ~OF, this instrumenc has been duly executed by me Principal ~d Su~ above .~ed. 0n July I~/ , 1~. (Se~) AMERICAN MOTORISTS INSURANC~ COMPANY W00DSIDE CHANTEMAR, INC. PRINCEPAL By: Willianj _At t ~ney~-Fa c ~'>.., :' Crme) Cn~) By: ~~~'~'~"" Tim McGtnnis Sr. O~ae) APPROVED AS TO FORM: Peter ThoTson Cky A~r. oraey State of California County of Los An.~eles On -. ' · ':~:i'j before me, C. Clarkson, Notary Public, NAME, TITLE OF OFFICER personally appeared William J. ShuDDer NAME OF SIGNER [Personally known to me - OR - 1:3 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), ~o=:, ....................- ........, .......,~.,o,,,,and that by his/her/their signature(s) on the · -::: :,; instrument the person(s), or the entity upon · ::~1 ~: .- behalf of which the person(s) acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE(S) Bond(s) TITLE OR TYPE OF DOCUMENT PARTNER(S) [] LIMITED F1 [] GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER 18 REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Amedcan Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE I 'emPeR. Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the Amedcan Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company") do hereby appoint William J. Shupper of Los Angeles, California their true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver dudrig the pedod beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings. EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bdng each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regula~y elected officers at their principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinaffer set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: NOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in wdting and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: NOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certffications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this January 28, 1993. Attested and Certified: Robert P. Hames, Secretary by Lumbermens Mutual Casualty Company Amedcan Motorists Insurance Company Amedcan Manufacturers Mutual Insurance Company J. S. Kemper, III, Exec. Vice President STATE OF ILLINOIS SS COUNTY OF LAKE I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kernper, III and Robert P. Hames personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the Amedcan Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therain set forth. My commission expires 1-28-02 AAAAAAAAAAAAA :=OFFICIAL 9EAL" Irene Klewer NOtiry PUl)ll¢: gtltte ofllllnoll qle !~, C,e, mmll¶le, x BXpIreS JW'L :28. lolls,' lIP' Irene Klewer, Notary Public CERTIFICATION I, J.K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the Amedcan Motorists Insurance Company, and the Amedcan Manufacturers Mutual insurance Company. do hereby certify that the attached Power of Attomey dated January 28, 1993 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect sinco the date thereof and is in full force and effect on the date of this certfficate; and I do further certify that the said J. S. Kemper, III and Robert P. Hames, who executed the Power of Attomey as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attomey the duly elected Executive Vice President and Secretary of the Lumbermens Mutual Casualty Company, the Amedcan Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the Amedcan Manufacturers Mutual Insurance Company on this J. I~ Conway, Corporate Secretary This Power of Attomey limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. FK 0362 6-96 Power ofAttomey - Term Pdnted in U.S.A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of Californi:A ' } f ~ County of O NGE ss. i On '7 o '7.,c2-,~'~ before me Rochelle M. Sromalla, Notary Publi~ ~ Date ' ' Name an~ Title of Officer {e,g., Jane Doe. Notary Public") ii _ personally known to me ~ 2 proved to me on the basis of satisfactory acknowledged to me that helsheJq~E~xecuted the same in his/he~Z) authorized capacity(ies), and that by his/he~:) C-' Place Notary Seal Above signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. e ecuted the instrument. ~gnalure o ota u ic OPTIONAL Though the informat/on below is not reclutred by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reaffachment of this form to another clocument. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: ' Individual ' Corporate Officer -- Title(s): - Partner- 7' Limited _' General ' Attorney in Fact Z Trustee ' Guardian or Conservator ,__: Other: Top Ol thumD nere Signer Is Representing: ~1997NalioniNolaryAssocialmn.9350DeSotoAve..P.O, Box2402-Chatsworm, CA 91313-2402 Plod, No. 5907 Reon:ler:.C.,allToll,,Freel.,800-876-682"/' Preliminary Cost Estimate for Long Canyon Creek Park Tract No. 28510-1; Lot No. 81 Item Description Quantity Unit Item Cost Number I Grade Site (import 15,500 CUYD ,1.50 fill) 2 Concrete Swale 150 LF ,10.00 3 Demo. Ext. Curb 1 LS ,1,500.00 and Sidewalk 4 New Curb cut and 2 EA ,1,500.00 Sidewalk 5 6" PCC curb 240 LF ,8.00 6 6"PCC 240 LF ,10.00 Curb/Gutter 7 3" AC pvmnt over 8,300 SF 6" Class II base 8 HC Ramp I LS ,250.00 9 Prkg lot,sign,stripe 1 LS ,1,500.00 10 PCC pavement 11,950 SF ,4.00 11 Tot lot sub drain I LS ,2,000.00 12 PCC Tot Lot edge 310 LF ,25.00 13 HC Play Surface 1,200 SF ,15.00 14 Play Equipment I LS ,57,250.00 15 Wash plstr. sand 1 LS ,2,000.00 16 Picnic Tble. Cover 2 EA ,3,500.00 17 Picnic Tables 5 EA ,1,000.00 18 Cast Metal BBQ's 5 EA ,500.00 19 Drinking Fountain 1 EA ,500.00 20 Steel Fence/Gates 1,085 LF ,25.00 21 Split Rail Fence 260 LF ,15.00 22 Meter and Lighting I LS ,7,500.00 @ Picnic Tables 23 Water Meter 1 LS ,2,000.00 24 Backflow Prevent. 2 LS ,2,000,00 25 Irrigation Cntrller. I LS ,8,800.00 26 Irrigation system 144,800 SF ,0.50 27 Soil Preparation 144,800 SF ,0.15 28 Trees - 15 Gal. 76 EA ,85.00 29 Shrubs 99 EA ,7.00 30 Grnd. Cover 23, 175 SF ,0.35 31 Hydroseed Turf 114,000 SF ,0.10 32 Plant 1 LS ,3,500.00 establishment 33 10% Design Fee 1 LS Total Eligible for DIF Credit ,23,250.00 0 ,500.00 0 ,500.00 0 ,3,000.00 0 ,1,920.00 ,1,920.00 ,2,400.00 ,2,400.00 ,1.50 ,12,450.00 ,12,450.00 ,250.00 ,250.00 ,1,500.00 ,1,500.00 ,47,800.00 ,47,800.00 ,2,000.00 ,2,000.00 ,7,750.00 ,7,500.00 ,18,000.00 ,18,000.00 ,57,250.00 ,57,250.00 ,2,000.00 ,2,000.00 ,7,000.00 ,7,000.00 ,5,000.00 ,5,000.00 ,2,500.00 ,2,500.00 ,500.00 500.00 ,27,125.00 **,16,975.00 ,3,900.00 ,3,900.00 ,7,500.00 ,7,500.00 ,2,000.00 0 ,4,000.00 ,4,000.00 ,8,800.00 ,8,800.00 ,72,400.00 ,72,400.00 ,21,720.00 ,21,720.00 ,6,460.00 ,6,460.00 ,693.00 ,693.00 ,8,112.00 ,8,112.00 ,11,400.00 ,11,400.00 ,3,500.00 ,3,500.00 ,25,000.00 ,25.000.00 ,25,000.00 Totals ,400, 180.00 ,358,530.00 R: XYASINOBKXAGENDAS\CamposVerdes. difagreement. doc **Item 20: provides credits of $16,275 ($15 per LF) for perimeter fencing and ,700 for three (3) steel gates. ITEM 13 APPROVAL CITY A'FFORNEY DIRECTOR OF FINANCt CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council /}V~lWilliam G. Hughes, Director of Public Works/City Engineer September 14, 1999 Tract Map No. 24183-1, Located North of Campanula Way, East of Meadows Parkway, West of Butterfield Stage Road, and South of De Portola Road and within Paloma Del Sol Specific Plan No. 219 PREPARED BY:/--~Ronald J. Parks, Deputy Director ~,~c W,~.rks Reza James, Assistant Engineer RECOMMENDATION: That the City Council approve 1) Tract Map No. 24183-1 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. 24183-1 is located within Planning Area 5 of the Paloma Del Sol Specific Plan No. 219· Tract Map No. 24183-1 is subject to all Specific Plan Amendments and Agreements. The Paloma Del Sol Specific Plan has been amended six (6) times. Amendment No. 6, the most recent amendment, was approved by City Council on January 13, 1998. Vesting Tentative Tract Map No. 24183 was approved by the City of Temecula Planning Commission on February 2, 1998, expiration date being February 18, 2003. The Developer has met all of the Conditions of Approval. Final Tract Map No. 24183-1 is seventy six (76) lot single family residential subdivision with five (5) open space lots. The tract is located North of Campanula Way, East of Meadows Parkway, south of De Portola Road, west of Butterfield Stage Road, and within Planning Area 5 of the Paloma Del Sol Spedtic Plan. The site is currently undeveloped. The following fees have been deferred for Tract Map No. 24183-1: 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. 24183-1 r:',agdrpt\99\091 4\tr24183-1 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 24183-1 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:~agdrpt~99\0914\tr24183-1 CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 24183-1 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY Street and Drainage $ 682,500 Water $ 154,000 Sewer $ 102,500 TOTAL $ 939,000 DATE: September 14, 1999 MATERIAL & LABOR MONUMENT SECURITY SECURITY $ 341,250 - $ 77,000 - $ 51,250 - $ 469,500 $ 11,437 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* $ 188.00 $ 8.00 $ 2,490.00 $ 571.85 $ 3,257.85 $ 0.00 r:~agdrptL99\0914\tr24183-1 oBDviS (G"U,,f_j~DLj__LD8 %/iFd' b3 SIt40(2V3,~ ' 0 ROAD O ROAD · iT !7 ujo i~I 66/10/60 O/~a~OOftLgOO\l-~lLtl:%~OVaL\ONkl~f/f%O~O\gOOOOl{;l\VLV(~l~Og~M~\:H f / / / / I~ / J.3:~.LS VI~T]S ITEM 14 APPROVAL CITY A'I'FORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City ManagedCity Council William G. Hughes, Director of Public Works/City Engineer DATE: September 14, 1999 SUBJECT: Tract Map No. 24183, Located North of Campanula Way, East of Meadows Parkway, West of Butterfield Stage Road, and South of De Portola Road and within Paloma Del Sol Specific Plan No. 219 PREPARED BY: rj~?Ronald J. Parks, Deputy Director o~/,~c Works Reza James, Assistant Engineer /~ RECOMMENDATION: That the City Council approve 1) Tract Map No. 24183 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. 24183 is located within Planning Area 5 of the Paloma Del Sol Specific Plan No. 219. Tract Map No. 24183 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. 24183 was approved by the City of Temecula Planning Commission on February 2, 1998, expiration date being February 18, 2003. The Developer has met all of the Conditions of Approval. Final Tract Map No. 24183 is seventy six (76) lot single family residential subdivision with three (3) open space lots. The tract is located North of Campanula Way, East of Meadows Parkway, south of De Portola Road, west of Butterfield Stage Road, and within Planning Area 5 of the Paloma Del Sol Specific Plan. The site is currently undeveloped. The following fees have been deferred for Tract Map No. 24183 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. 24183 r:~agdrptL99\0914\tr24183 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 24183 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: ~agdrptL99\0914\tr24183 CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 24183 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY Street and Drainage $ 362,500 Water $ 107,000 Sewer $ 68,500 TOTAL $ 538,000 DATE: September 14, 1999 MATERIAL & LABOR MONUMENT SECURITY SECURITY $ 181,250 - $ 53,500 - $ 34,250 - $ 269,000 $ 11,437 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* $ 183.00 $ 8.00 $ 2,390.00 $ 571.85 $ 3,152.85 $ 0.00 r: ~agdrpt~99\0914\tr24183 30VZS j_ROAD gL 3IVlSa31 0 (D '7 0 <C ::Iii _1 <C CD >- u~ 911 66/10/60 u~ zt~ ea/~o/eo ~a.too~goo~l~t~oya~\~wdd~n\~a\seooo~g~\v~vad~osdu9\~4 ~ II I I .O0'ooi ITEM 15 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: /'~A William G. Hughes, Director of Public Works/City Engineer DATE: September 14, 1999 SUBJECT: Release Faithful Performance Warranty Security for Public Improvements in Parcel Map No. 24085-3 (Located Northwesterly of the Intersection of Diaz Road and Zevo Drive - Avenida de Ventas) PREPARED BY: ~/~TtlAonald J Parks Deputy Director of Public Works Ibert K. 'Cdsp, ~ermit Engineer RECOMMENDATION: That the City Council: 1. AUTHORIZE release of the Faithful Performance Warranty security for Public Improvements in Parcel Map No. 24085-3. 2. DIRECT the City Clerk to so advise the developer and surety. BACKGROUND: On December 16, 1997, the City Council approved Parcel Map No. 24085-3 and entered into subdivision improvement agreement with: Westside City 1 LLC, a California Limited Liability Company for the improvement of streets and drainage, and subdivision monumentation. Accompanying the agreement were cash deposits as follows: In the amount of $99,567 for Faithful Performance for street and drainage improvements. In the amount of $64,438 for Labor and Materials for street and drainage improvements. In the amount of $3,000 for subdivision monumentation. On August 11, 1998, the City Council accepted the public improvements, initiated the one-year warranty period, and authorized reduction in Faithful Performance amount as follows: Cash deposit In the amount of $63,232 for Faithful Performance Warranty Purposes The remaining Faithful Performance warranty amount for street and drainage improvements was cash deposit in the amount of $36,335. -1 - r:\agdrpt\99\O914\pm240853.fin On September 8, 1998, the City Council accepted substitute securities for the retained cash deposits. Letters of Credit were posted by Temecula Valley Bank as follows: Letter of Credit No. 00010 for Faithful Performance in the amount of $36,335. Letter of Credit No. 00011 for Labor and Materials in the amount of $64,438. The developer was required to post security for labor and materials to assure payment to suppliers of those services/materials. The contractual six-month lien period following City Coundl acceptance of the improvements having expired, with no claims having been made, City Council authorized the release of the Labor and Materials security on March 2, 1999 The one-year warranty period has run. Staff has reviewed the public improvements in the field and all necessa~ repairs/replacement having been satisfactorily completed, Staff recommends release of the following security: Letter of Credit No. 00010 for Faithful Performance Warranty in the amount of $36,335. The subdivision monumentation will be reviewed and approved by Public Works Staff and recommended for release of security when appropriate. The streets within this phase of development were accepted into the City Maintained-Street System by Resolution No. 98-80 on August 11, 1998. The streets accepted were portions of Remington Avenue and Diaz Road. FISCAL IMPACT: ATTACH MEN T: None. Location Map -2- r:\agdrpt\99\0914\pm240853.fin P.M. 8/78 POR. PARCEL 3 P.A4. t PARCEL I t ~ / P~.~8~ i a2~4 ~ PARC~ 2 ~ z PARC~ 3 ~: '-~-~._ P,IRC~ \\ -,:arcel Man No. 24085-3 ",ocation Mau NOTE: MAPS NOT TO SCAIjE ITEM 16 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council q~/~illiam G. Hughes, Director of Public Works/City Engineer September 14, 1999 Release Faithful Performance Warranty security for Public Improvements in Parcel Map No. 24085-F (Located Northwesterly of the Intersection of Diaz Road and Zevo Drive ( formerly Avenida de Ventas)) PREPARED BY: ~,, Ronald J. Parks, Deputy Director of Public Works 7~{/~Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council 1. AUTHORIZE release of the Faithful Performance Warranty security for the public improvements in Parcel Map No. 24085-F 2. DIRECT the City Clerk to so advise the developer and surety. BACKGROUND: On December 16, 1997, the City Council approved Parcel Map No. 24085-F and entered into subdivision agreement with: Westside City I, LLC for the improvement of streets, and subdivision monumentation. Accompanying the subdivision agreements were cash deposits as follows: In the amount of $10,574 for Faithful Performance In the amount of $10,574 for Labor and Materials. In the amount of $3,000 for installation of subdivision monumentation. On April 28, 1998, the City Council accepted the public improvements, initiated the one-year warranty period, authorized release of the subdivision monument security, and authorized combining of the Faithful Performance Warranty and Labor and Materials security. The Labor and Materials security ($10,574) was sufficient to cover both Faithful Performance warranty and Labor and Materials considerations, and would be maintained as follows: In the amount of $5,287 for Faithful Performance Warranty. In the amount of $5,287 for Labor and Materials r: ~agdrpt~99~0914~pm24085f. fin The Faithful Performance warranty portion would be retained for the contractual one-year warranty period. The Labor and Materials portion is maintained for the minimum contractual lien period of six-months. That period having run and no claims for either labor or materials having been filed, on November 10, 1998, the City Council authorized release of the Labor and Materials portion of the remaining cash deposit: The one-year warranty period having run, all necessary repairs/replacements of the public improvements having been satisfactorily completed, therefore Staff recommends release of the following security: Cash deposit in the amount of $5,287 for Faithful Performance Warranty purposes The street within this subdivision was accepted into the City Maintained-Street System by Resolution No. 98-33 on April 28, 1998. The street accepted is a portion of Remington Avenue. FISCAL IMPACT: ATTACHMENTS: None Location Map r:~agdrpt~99~0914~pm24085f.fin GEL ''/' r,i,l, e/'/6 p ARGEL ~' X P.M. '188170, pA,qGE. L 2 '~g ~ g2 - g4 PARCFJ, MAP NO. 24085-F Locgtion N~ NOTF,; MAPS NOT TO SCALE ITEM 17 APPROVAL,~ CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council William G. Hughes, Director of Public Works/City Engineer September 14, 1999 Release Faithful Performance Warranty Security in Parcel Map 27714 (Located east side of Ynez Road, between Solana Way and Rancho California Road) PREPARED BY: F,r Ronald J. Parks, Deputy Director of Public Works f~ Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council: AUTHORIZE release of the Faithful Performance Warranty security in Parcel Map No. 27714. 2. DIRECT the City Clerk to so notify the Developer and surety. BACKGROUND: On December 19, 1995, the City Council approved Parcel Map No. 27714 and entered into subdivision improvement agreements with: Rancon Realty Fund IV (c/o Glenborough Corporation) 400 South El Camino Real, Suite 1100 San Mateo, CA 94402-1708 for the improvement of portions of Ynez Road, and pdvate street, and water and sewer systems, and subdivision monumentation. Accompanying the subdivision agreement were surety bonds posted by Explorer Insurance Company as follows: Bond No. 137 38 63 in the total amount of $474,000 ($337,500, $92,500, and $44,000, respectively) to cover faithful performance for streets and drainage, and water and sewer improvements. o Bond No. 137 38 63 in the total amount of $237,000 ($169,000, $46,000, and $22,000, respectively) to cover labor and materials for streets and drainage, and water and sewer improvements. 3. Bond No. 137 38 64 in the amount of $3,500 to cover subdivision monumentation. r:~agdrpfi99~0914~pm27714.final On June 24, 1997, the City Council accepted the public street and drainage improvements, recognized completion of the private streets, drainage, and water and sewer improvements, accepted the subdivision monumentation, initiated the one-year warranty period, and authorized reduction in the Faithful Performance security amount to the ten-percent (10%) warranty amount accepted the subdivision monumentation. The Faithful Performance security amount was reduced to the following warranty amount: Streets/Drainage, and Water/Sewer Improvements -Bond No. 137 38 63 $47,400 On November 18, 1997, the City Council accepted a rider to the original faithful performance security reducing the bond to the appropriate warranty amount ($47,400). The developer was required to post Labor and Materials bonds to ensure payment to suppliers and workers. This bond is maintained for six-months after the City Council accepts the public improvements and acknowledges completion of the private improvements. The lien period having passed without any claims for labor or materials posted, City Council authorized release of the labor and materials security on January 12, 1999. At that same meeting City Council authorized the release of a security for Traffic Signalization Mitigation. The one-year warranty period has run. Public Works Staff has reviewed the public improvements in the field following this warranty period and any and all required improvement repairs/replacements have been satisfactorily completed. Therefore Staff recommends release of the following Faithful Performance Warranty security: Streets/Drainage, and Water/Sewer improvements-Bond No. 137 38 63 $47,400 The affected street within the parcel map boundary is Ynez Road. This street was part of the County Maintained-Road System prior to City incorporation on December 1, 1989, and became a part of the City Maintained-Street System by succession to the County. FISCAL IMPACT: ATTACHMENT: None Location Map r:~agdrpt~9M;)914~pm27714.final ParcelMap No. ?,7714 I,ocation MaD NOTE: MAPS NOT TO SCALE ITEM TO: FROM: DATE: SUBJECT: APPROVALC~.,~ CITY A ORN OF DIRECTOR NAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT City ManagedCity Council '/~(W~illiam G. Hughes, Director of Public Works/City Engineer September 14, 1999 Release Securities for Faithful Performance Warranty for Public Improvements and Traffic Signalization Mitigation fees in Tract No. 21818. ( Westedy of intersection of Via Notre at Kahwea Road) PREPARED BY:/'/Y Ronald J. Parks, Deputy Director of Public Works ,/~ Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council 1. AUTHORIZE release of the securities for Faithful Performance Warranty Improvements in Tract No. 21818. 3. DIRECT the City Clerk to so advise the developer and surety. for the Public BACKGROUND: On June 25, 1991, the City Council approved Tract Map No. 21818, and entered into subdivision agreements with: Bedford Development Company for the improvement of street and drainage, installation of water systems, and subdivision monumentation, and traffic signalization mitigation fees. Accompanying the subdivision agreements were Instruments of Credit issued by Butterfield Financial Corporation as follows: 1. Instrument of Credit in the amount of $442,000 ($365,500, and $74,500, for street and drainage, and water system, respectively) to cover faithful performance. 2. Instrument of Credit in the amount of $221,000 ($184,000 and $37,500, for street and drainage, and water system, respectively) to cover labor and materials. 3. Instrument of Credit in the amount of $14,500 to cover subdivision monumentation. 4. Instrument of Credit in the amount of $4,350.00 to cover traffic signalization mitigation fees. Mesa Homes sold the project subsequent to recording the tract map. The new developer is: Barrick/Grimm 746 S. Main Street, Suite "A" Fallbrook, CA 92028 r:~agdrpt~99~0914~tr21818.fnl/akc The new developer submitted replacement agreements and security for the contractual work. The substituted securities were Letters of Credit issued by Scripps Bank as follows: Irrevocable Letter of Credit No. 01-454 in the total amount of $442,000 ($365,500, and $74,500, for Street and Drainage, and Water System, respectively) to cover Faithful Performance. Irrevocable Letter of Credit No. 01~453 in the total amount of $221,000 ($184,000, and $37,500, for Street and Drainage, and Water System, respectively) for Labor and Materials. Irrevocable Letter of Credit No. 01-452 in the amount of $14,500 for Subdivision Monumentation Irrevocable Letter of Credit No. 01-451 in the amount of $4,350 for Traffic Signalization Mitigation fees. On July 14, 1998, the City Council authorized partial reduction in the Faithful Performance secudty amount by the fifty-percent (50%) maximum permitted under Section 6.(b) of the Subdivision Improvement Agreement. The security was reduced to the following amount: Street and Drainage, and Water System Improvements LOC No. 01-454 $221,000 On July 28, 1998, the City Council accepted the public improvements, initiated the one-year warranty period, and authorized reduction in the Faithful Performance security amount to the following ten percent (10%) warranty level: Irrevocable Letter of Credit No. 01-454 for Faithful Performance Warranty for Street and Drainage, and Water System Improvements in the amount of $44,200 On May 11, 1999, the City Council authorized release of both the Labor and Materials and Subdivision Monumentation securities. On August 24, 1999, the City Council accepted a cash deposit submitted by the developer in substitution for the Irrevocable Letter of Credit for the Faithful Performance Warranty in the amount of $44,200 and authorized release of the security on file. The one-year warranty period for public improvements has passed. The developer has satisfactorily completed all necessary repairs or replacements. Therefore Staff recommends release of the following security for Faithful Performance Warranty purposes: Cash Deposit per Receipt No. 60940 dated August 12, 1999 in the amount of $44,200. Under provisions of the Public Facilities Development Impact Fee structure, adopted by the City Council under Ordinance No. 97-14, traffic signalization mitigation fees are collected based on square footage of floor space rather than the parcel gross acreage previously employed. Accordingly the security on file is eligible for release. Therefore Staff recommends release of the following security: Irrevocable Letter of Credit No. 01-451 for Traffic Signalization Mitigation in the amount of $4,350. r:~agdrptL99~0914~tr21818.fnl/akc The public streets within this tract were accepted into the City-Maintained Street System by City Council Resolution No. 98-72 on July 28, 1998. The streets accepted are Baccarat Road and a portion of Kahwea Road (formerly Green Meadow Road). Portions of Via Norte, Avenida Centenario, Avenida Del Reposo, and Avenida Buena Suerte are within the tract boundanj but were within the County Maintained-Road system at the time of City Incorporation and became part of the City- Maintained Street System by succession on December 1, 1989. FISCAL IMPACT: None ATTACHMENTS: Location Map r:~agdrpt~99~0914~tr21818.fnl/akc C~i~~ C~LIFO~NM s Tract No. 21818 7',ocation Man NOTE: MAPS NOT TO SCALE ITEM 19 APPROVAL CITY A'I'FORNEY DIRECTOR OF FINANC CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council "~"J/)~william G. Hughes, Director of Public Works/City Engineer September 14, 1999 Approval of an Additional Expenditure for FY98-99 Street Striping Contract - Pacific Striping, Inc. PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve the additional expenditure to FY98-99 contract with Pacific Striping Inc., increasing the contract amount by $17,815.00. BACKGROUND: On June 16, 1998 the City Council approved a Street Stdping Contract with Pacific Striping, Inc. to provide Citywide striping, re-striping and installation of raised pavement markers. At the January 12, 1999 City Council workshop meeting Council directed staff to provide additional traffic flow improvements that included additional services outside the odginal striping contract scope of work. This additional expenditure to the FY98-99 contract required additional striping and installation of raised pavement markers at the request of the Public Works Traffic Division for improved traffic flow. The additional scope of services included the following: Installation of fire hydrant blue dots Citywide (approximately 1000), located and installed for a cost of $5,000. Additional striping/lay-out, and restriping of various locations i.e., Winchester Road at Jefferson Avenue, Margarita Road at Rancho California Road for a cost of $12,815.00. FISCAL IMPACT: The Street Stdping Program Project No. PW97-28 was funded by Public Works Maintenance Division budget. Adequate funds are available in the FY98-99 Account No. 001- 164-601-5410 to cover the additional cost. r:~agdrptL99\0914~stripeamend ITEM 2O APPROVA~ CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council 4~jl/~'t,/Villiam G. Hughes, Director of Public Works/City Engineer DATE: September 14, 1999 SUBJECT: Award of Construction Contract for the Traffic Signal and Median Modification at Rancho California Road and Town Center Drive - Project No. PW99-09 PREPARED BY: ~JSteve Charette, Assistant Engineer- Capital Projects RECOMMENDATION: That the City Council: Award a contract for the Traffic Signal and Median Modification at Rancho California Road and Town Center Drive, Project No. PW99-09 to DBX, Inc. for $47,740.00, and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $4,774.00, which is equal to 10% of the contract amount. BACKGROUND: On July 13, 1999, the City Council approved the plans and specifications, and authorized the Department of Public Works to solicit public construction bids. This project will include modifications to the intersection of Rancho California Road at Town Center Drive, which will expedite turning movements and allow for longer green time for Rancho California Road. Improvements will include the relocation of signal poles, installation of new handicap ramps, modification of median islands and the relocation of the crosswalk to the west side of the intersection. The intersection will also be re-striped to allow for an additional left turn lane from Town Center Drive to eastbound Rancho California Road. The Engineer's estimate for this project is $41,100.00. One (1) bid was received and publicly opened on September 2, 1999 and results are as follows: DBX, Inc .................................................................................$47,740.00 DBX, Inc., is a local Temecula company that has successfully completed ten (10) traffic signal installation and signal modification projects for the City in the last three (3) years. DBX has consistently been among the three lowest bidders for City traffic signal projects. The specifications allow Fifteen (15) working days for completion of this project. Work is expected to begin in October, 1999 and be completed by the early November, 1999. 1 r:\agdrpt\99\0914\pw99-09.awd/smc This project originated from discussion between the Traffic / Safety Commission and the owners of the Town Center as an improvement that will improve egress from the Town Center Development and free up signal time for Rancho California Road. This project is completely separate and distinct from the median closures recently recommended by the Traffic/Safety Commission. A copy of the bid summary is available for review in the City Engineer's office. FISCAL IMPACT: This project is funded through Department of Public Works Traffic Improvement funds. These funds have been appropriated in Account No. 001-164-602-5412 for Project No. PW99-09. The total project is $52,514.00, which included the contract amount of $47,740.00 plus 10% contingency of $4,774.00. ATTACHMENT: Construction Contract r:\agdrpt\99\0914\pw99-09.awd/smc V'IA ~ROJFC~ SITE OLI' TRAFFIC SIGNAL AND MEDIAN MODIFICATION AT RANCHO CALIFORNIA ROAD AND TOWN CENTER DRIVE PROJECT NO. PW99-09 RE-STRIPING NEW RAMP (TYP.) NEW CROSSWALK REMOVE MEDIAN PORTION o RANCHO CALIFORNIA ROAD NEW RAMP TRAFFIC SIGNAL AND MEDIAN MODIFICATION AT RANCHO CALIFORNIA ROAD AND TOWN CENTER DRIVE PROJECT NO. PW99-09 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW99-09 TRAFFIC SIGNAL AND MEDIAN MODIFICATION RANCHO CALIFORNIA ROAD AT TOWN CENTER DRIVE THIS CONTRACT, made and entered into the 14th day of September, 1999, by and between the City of Temecula, a municipal corporation, hereina~er referred to as "CITY", and DBX, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter 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- 09, TRAFFIC SIGNAL AND MEDIAN MODIFICATION - RANCHO CALIFORNIA ROAD AT TOWN CENTER DRIVE, 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 American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW99-09, TRAFFIC SIGNAL AND MEDIAN MODIFICATION - RANCHO CALIFORNIA ROAD AT TOWN CENTER DRIVE. 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- 09, TRAFFIC SIGNAL AND MEDIAN MODIFICATION - RANCHO CALIFORNIA ROAD AT TOWN CENTER DRIVE. 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 CONTRACT CA-1 R:\CIP\PROJECTS\PW99\PW99-09\contracl , specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the 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. PW99-09, TRAFFIC SIGNAL AND MEDIAN MODIFICATION RANCHO CALIFORNIA ROAD AT TOWN CENTER DRIVE 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 herein above 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: FORTY SEVEN THOUSAND SEVEN HUNDRED FORTY DOLLARS and NO CENTS ($47,740.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed fifteen (15) 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 LUMP SUM BID SCEHDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. 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 CONTRACT CA-2 R \CIP\PROJECTS\PW99\PW99-09~conlract 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 the Contract. Partial payments on the Contract price 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 price, 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,OO0 180 days $2,250 + 2% of amount in 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. CONTRACT CA-3 R:\CIP\PROJECTS\PW99\PW99-09\contract 10. 11. 12. 13. 14. 15. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, 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 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 litigation 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 CONTRACT CA-4 R:\CIP~PROjECTS\PW99\PW99-09\conIract 16. 17. 18. 19. 20. 21. 22. 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 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 rights, 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 district 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 written 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: William G. Hughes, 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\PW99\PW99-09\contracl IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR: DBX, Inc. 42066 Avenida Alvarado, #C Temecula, CA 92590 (909) 676-0115 By: Jim Perry, President, Secretary/Treasurer DATED: CITY OF TEMECULA: APPROVED AS TO FORM: By: Steven J. Ford, Mayor Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC/AAE, City Clerk CONTRACT CA-6 R \CIP\PROJECTS\PW99~PW99-09\contract ITEM 21 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City ManagedCity Council /]~-,/4'VVilliam G. Hughes, Director of Public Works/City Engineer DATE: September 14, 1999 SUBJECT: Superseding Freeway Agreement for State Highway Route 15 within the City of Temecula PREPARED BY: Ameff~~,Senior Engineer - Capital Projects ~ Steven W. Beswick, Associate Engineer - Capital Projects RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A "SUPERSEDING FREEWAY AGREEMENT, BETWEEN THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION (STATE), AND THE CITY OF TEMECULA DECLARING THAT CERTAIN SECTION OF STATE HIGHWAY ROUTE 15 BETWEEN THE SOUTH TEMECULA CITY LIMIT AND THE NORTH TEMECULA CITY LIMIT TO BE A FREEWAY". Approve an Agreement declaring that certain section of State Highway Route 15 between the Southern and Northern Temecula City limits to be a freeway with the State of California Department of Transportation (State) and authorize the mayor to execute the Amendment. BACKGROUND: On November 12, 1947, the California Transportation Commission adopted a Resolution stating the following: Declaring that certain section of State Highway Route 15 in the City of Temecula between the southern and northern Temecula City Limits (Post Mile 2.0/7.5) and State Highway Route 15 between the San Diego County Line and 3.5 miles north of Temecula to be a freeway. Also, on January 18, 1950, the California Transportation Commission adopted a Resolution, declaring that certain section of State Highway Routes 15 and 215 between one (1) mile north of Temecula and Antelope Road to be a freeway. In addition, on January 18, 1971, the State and the County of Riverside entered into a Supplemental Freeway Agreement relating to that portion of State Highway Route 15 from two (2) miles north of San Diego County Line to the junction of Route 215. R :~agdrpt~99\0914\CaltransFreeway.agree/ajp The purpose of revising the existing Freeway Agreement at this time is the construction of Overland Drive Overcrossing of State Highway Route 15. The State executes superseding Freeway Agreements with local agencies whenever there are major changes to existing highway fadlities within agency limits. The State has prepared a revised map of the freeway showing the proposed plan of the City as it affects City streets and requests that the City enter into a new Freeway Agreement in accordance with the revised map of said freeway. The Supersedin.cl Freeway Agreement includes the following articles: · This Agreement supersedes the portion of the Freeway Agreement dated January 18, 1971, from two (2) miles north of San Diego County Line to the junction of route 215 with the City of Temecula, as shown on the attached revised Exhibit "A". · State and City agree and consent to the construction of a new overcrossing structure and other construction affecting City Streets, at Ovedand Drive and Route 15, all as shown on said plan map attached hereto marked revised Exhibit "A" and made a part hereof by this reference. · City in the construction of said freeway overcrossing will, at City's expense, make such changes affecting City streets in accordance with the plan map attached hereto marked revised Exhibit "A" · City agrees to acquire all necessary right-of-way as may be required for construction of City streets and Overland Drive Overcrossing, and the cost of right-of-way required to construct the Overland Drive Overcrossing project shall be born by City. · This Agreement may be modified at any time in writing by the mutual consent of the parties hereto, as may become necessary for the best accomplishment through State and City cooperation of the overcrossing project for the benefit of the people of the State and of the City. The Agreement was approved and reviewed by the City Attorney. FISCAL IMPACT: None ATTACHMENT: 1. Resolution No. 99- 2. Agreement RAagdrpt~99\0914\CaltransFreeway.agree/ajp RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A "SUPERSEDING FrEEWAY AGREEMENT, BETWEEN THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION {STATE), AND THE CITY OF TEMECULA DECLARING THAT CERTAIN SECTION OF STATE HIGHWAY ROUTE 15 BETWEEN THE SOUTH TEMECULA CITY LIMIT AND THE NORTH TEMECULA CITY LIMIT TO BE A FREEWAY". THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: The City Council of the City of Temecula hereby approves that certain agreement entitled "Superseding Freeway Agreement, between the State of California acting by and through the Department of Transportation (State), and the City of Temecula declaring that certain section of State Highway Route 15 between the South Temecula City Limit and the North Temecula City Limit to be a Freeway", and authorizes the Mayor to execute the Agreement on behalf of the City in substantially the form attached hereto as Exhibit "A". Section 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 14th day of September 1999. Steven J. Ford, Mayor A'Ff'EST: Susan W. Jones, CMC/AAE, City Clerk R:~agdrpt99\0914\CaltransFreeway.agree/ajp (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, California, do hereby certify that AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:~agdrptL99\0914\CaltransFreeway.agree/ajp 8-Riv-15-KP 3.2/12.0 (PM 2.0/7.5) In the City of Temecula between the South Temecula City Limit and the North Temecula City Limit 08303 - 354601 SUPERSEDING FREEWAY AGREEMENT THIS AGREEMENT, made and entered into on this 14th day of September , 1999 , by and between the STATE OF CALIFORNIA, acting by and through the Department of Transportation (herein referred to as STATE), and the CITY of TEMECULA (herein referred to as CITY) WITNESSETH: WHEREAS, the highway described above has been declared to be a freeway by Resolution of the California Transportation Commission on November 12, 1947, declaring that certain section of State Highway Route 15 between the San Diego County Line and 3.5 miles north of Temecula to be a freeway, and a resolution on January 18, 1950, declaring that certain section of State Highway Routes 15 and 215 between one mile north of Temecula and Antelope Road to be a freeway; and WHEREAS, STATE and County of Riverside have entered into a Supplemental Freeway Agreement dated January 18, 1971, relating to that portion of State Highway Route 15 from two miles north of San Diego County Line to the junction of Route 215; and WHEREAS, a revised plan map for such freeway has been prepared showing the proposed plan of the CITY as it affects streets of the CITY; and WHEREAS, it is the mutual desire of the parties hereto to enter into a new Freeway Agreement in accordance with the revised plan of said freeway; NOW, THEREFORE, IT IS AGREED: 1. This Agreement supersedes the portion of said Freeway Agreement dated January 18, 1971 from two miles north of San Diego County Line to the junction of Route 215 within the City of Temecula, as shown on attached revised Exhibit "A". 1 8-Riv-15-KP 3.2/12.0 (PM 2.0/7.5) 2. STATE and CITY agree and consent to the construction of a new overcrossing structure and other construction affecting CITY streets, at Overland Drive and Route 15, all as shown on said plan map attached hereto marked revised Exhibit A and made a part hereof by this reference. 3. CITY in the construction of said freeway overcrossing will, at CITY's expense, make such changes affecting CITY streets in accordance with the plan map attached hereto marked revised Exhibit A. 4. CITY agrees to acquire all necessary right of way as may be required for construction of CITY streets and Overland Drive Overcrossing, and the cost of right of way required to construct the Overland Drive Overcrossing project shall be borne by CITY. 5. This Agreement may be modified at any time in writing by the mutual consent of the parties hereto, as may become necessary for the best accomplishment through STATE and CITY cooperation of the Overcrossing project for the benefit of the people of the STATE and of the CITY. 2 8-Riv-15-KP 3.2/12.0 (PM 2.0/7.5) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. STATE OF CALIFORNIA Department of Transportation JOSE MEDINA Director of Transportation CITY OF TEMECULA By Steven J. Ford, Mayor By Project Planning and Design Engineer APPROVED AS TO FORM: APPROVED AS TO FORM: Attorney, CITY Attorney, State TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JULY 13, 1999 A regular meeting of the City of Temecula Community Services District was called to order at 7:40 P.M., at the City Council Chambers, 43200 Business Park Ddve, Temecula, California. 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 I Completion and Acceptance of the Mar~qadta Community Park - Phase I - Project No. PW95-19CSD RECOMMENDATION: 1.1 Accept the Margarita Community Park - Phase I - Project No. PW95-19CSD; 1.2 File Notice of Completion, release the Performance Bond, and accept a one-year (1) Maintenance Bond in the amount of 10% of the contract; 1.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. Award of Construction Contract for the Santa Gertrudis Creek Bike Trail Undercrossing Project No. PW97-25CSD RECOMMENDATION: 2.1 Award a contract for the Santa Gertrudis Creek Bike Trail Undercrossing - Project No. PW97-25CSD - to Granite Construction Company for $268,268.00 and authorize the President to execute the contract; 2.2 Authorize the General Manager to approve change orders not to exceed the contingency amount of $26,826.80, which is equal to 10% of the contract amount. 2 R~/Vlinutes~0713,.q9 3 4 Release of Parkland/Landscape Faithful Performance Bond for Tract No. 28309 - S. R. Group, LLC (Nicolas Road, east of North General Keamv Road) RECOMMENDATION: 3.1 Authorize the City Clerk/District Secretary to release the Parkland/Landscape Faithful Performance Bond for the construction of perimeter slope and landscaping within Tract No. 28309 - S. R. Group, LLC; 3.2 Direct the City Clerk/District Secretary to notify the developer and surety. Authorization to Bid and Determination of Cate.clodcal Exemption for the Installation of Citywide Bike Lane Improvements RECOMMENDATION: 4,1 Determine that the installation of the Bike Lane Improvements along Jefferson Avenue, Rancho California Road, Ynez Road, and Margarita Road are Categorically Exempt pursuant to Section 15301 (c) of the California Environmental Quality Act (CEQA) Guidelines; 4.2 Authorize the filing of a Notice of Exemption for EA-058 with the appropriate filing fee for the project with the County Clerk and Recorders Office; 4.3 Approve the construction documents and authorize the release of a formal public bid for the Citywide Bike Lane Improvements within Jefferson Avenue, Rancho California Road, Ynez Road, and Margarita Road. Approval of Resolution Establishin.cl FY 2000-01 Rates and Charges for Service Level B (Residential Street Lights), Service Level C (Perimeter Landscaping and Slope Maintenance), Service Level D (Refuse Collection, Recycling, and Street Sweepin.Q) for Redhawk and Vail Ranch Annexation, Subject to Voter Approval RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. CSD 99-13 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING SERVICE LEVEL B, SERVICE LEVEL C, AND SERVICE LEVEL D RATES AND CHARGES WITHIN THE TERRITORY TO BE ANNEXED TO THE TEMECULA COMMUNITY SERVICES DISTRICT AS PART OF THE REORGANIZATION DESIGNATED AS LAFCO NO. 98-14-1 (REDHAWK AND VAIL RANCH) FOR FISCAL YEAR 2000-01 R~Minutes~071399 2 Agency Member Ford abstained with regard to this item. MOTION: Director Stone moved to approve Consent Calendar Item Nos. 1-5. The motion was seconded by Director Lindemans and voice vote reflected unanimous approval with the exception of Director Stone who abstained with regard to Consent Calendar Item No. 5. DIRECTOR OF COMMUNITY SERVICES REPORT Director of Community Services Parker relayed the success of the 4th of July festivities; thanked the community for its support; and commended the Recreation Division of TCSD, and the Fire and Police Departments for their its efforts associated with the program. GENERAL MANAGER'S REPORT Concurring with Director of Community Services Parker, General City Manager Nelson commended the Department of Public Works for its excellent work with respect to the 4th Of July Program. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 7:42 P.M., the Temecula Community Services District meeting was formally adjoumed to Tuesday, July 27, 1999, City Coundl Chambers, 43200 Business Park Ddve, Temecula, Califomia. Jeff Comerchero, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary RVlnute~071399 3 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JULY 27, 1999 A regular meeting of the City of Temecula Community Services District was called to order at 8:49 P.M., at the City Council Chambers, 43200 Business Park Ddve, 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 I Completion and Acceptance of the Community Recreation Center Gym CoolinQ System - Project No. PW97-22CSD RECOMMENDATION: 1.1 File the Notice of Completion, release the Performance Bond, and accept a one-year (1) Maintenance Bond in the amount of 10% of the contract; 1.2 Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. 2 Award Restroom Maintenance Services Contract for FY 1999-00 RECOMMENDATION: 2.1 Award a twenty-three (23) month contract to Self's Janitorial Service to Provide park and facility restroom maintenance services in the amount not to exceed $38,880 for Fiscal Year 1999-00. MOTION: Director Ford moved to approve Consent Calendar Item Nos. I and 2. The motion was seconded by Director Roberts and voice vote reflected unanimous approval. Minutes.csd\072799 1 DISTRICT BUSINESS 3 Sports Complex Request for Qualifications and Subcommittee RECOMMENDATION: 3.1 Approve the release of a Request for Qualifications (RFQ) to qualified firms for a feasibility study for the development of a sports complex; 3.2 Appoint two (2) members of the Board of Directors to serve on a sports Complex subcommittee. Community Services Director Parker reviewed the staff report (as per agenda material). With regard to the overall status of the City, Mr. Larry Murphy, 30326 Calle Halcon, commended the City Council and City Staff on a job well done. Questioning the short-term history of the operations of Big League Dreams Sports Parks, Mr. Murphy questioned the City investing $6.0 million with this business. In light of the location of the proposed park, Mr. Murphy commented on how far this park would be from any residential areas and, therefore, addressed the potential safety hazards it may create for those children walking, bicycling, etc. to the park. MOTION: Director Ford moved to approve staff recommendation 3.1. The motion was seconded by Director Comerchero and voice vote reflected unanimous approval. MOTION: Director Comerchero moved to appoint Directors Lindemans and Stone to serve on a Sports Complex Subcommittee. The motion was seconded by Director Ford and voice vote reflected unanimous approval. 4 Children's Museum Request for Qualifications and Subcommittee RECOMMENDATION: 4.1 Approve the release of a Request for Qualifications (RFQ) to qualified firm for a feasibility study regarding the development of a local children's museum; 4.2 Appoint two (2) members of the Board of Directors to serve on a children's Museum subcommittee. Community Services Director Parker presented the staff report (of record). City Attomey Thorson noted that since the City Council has not fully decided the exact location of the Museum, Director Stone may partake in the discussions with respect to this matter and recommended that the RFQ be amended to reflect that the Feasibility Study address a general site selection for the Children's Museum, to explore all feasible sites, and to provide a recommendation. Director Ford noted that the study should include a needs analysis for a Children's Museum within the City, a Cultural needs analysis, and location, size, potential, and economical impact. MOTION: Director Lindemans moved to approve staff recommendation 4.1 as amended as noted above with regard to the Feasibility Study as to site selection. The motion was seconded by Director Stone and voice vote reflected unanimous approval. Minutes.csd\072799 2 MOTION: Director Stone moved to appoint Directors Comerchero and Roberts to serve on a Children's Museum Subcommittee. The motion was seconded by Director Ford and voice vote reflected unanimous approval. DEPARTMENTAL REPORT No comments. DIRECTOR OF COMMUNITY SERVICES REPORT No comments. GENERAL MANAGER'S REPORT General Manager Nelson thanked the City Council for its support with regard to the RFQ process. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 9:09 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, August 10, 1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, CMC/AAE City Clerk/District Secretary [SEAL] Minutes.csd\072799 3 ITEM 2 CITY MANAGER TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT: General Manager/Board of Directors Genie Roberts, Director of Finance .~ September 14, 1999 Financial Statements for the Fiscal Year Ended June 30, 1999 PREPARED BY: Tim McDermott, Assistant Finance Director ~ William B. Pattison, Senior Accountant/~ RECOMMENDATION: That the Board of Directors receive and Statements for the Fiscal Year Ended June 30, 1999. file the Financial DISCUSSION: The attached financial statements reflect the unaudited activity of the Community Services District for the Fiscal Year Ended June 30, 1999. Please see the attached financial statements for the analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of June 30, 1999 Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 1999 TEMECULA COMMUNITY SERVICES DISTRICT Combining Balance Sheet as of June 30, 1999 and the Statement of Revenues, Expenditures and Changes in Fund Balance For The Fiscal Year Ended June 30, 1999 (Unaudited) Prepared by the Finance Department Temecula Community Services District Combining Balance Sheet As of June 30, 1999 Assets: Cash and investments Receivables Due from other funds Total assets Parks & Service Service Service Recreation Level A Level B Level C 1,040,838 184,505 17,770 1,243,113 $ 30,706 $ 58,614 $ 419,356 14,438 8,863 21,510 $ 45,144 $ 67,477 $ 440,866 Liabilities and fund balances: Liabilities: Other current liabilities Fund balances: Reserved Designated Undesignated Total fund balances Total liabilities and fund balances $ 196,441 196,441 5,847 $ 2,656 $ 34,058 5,847 2,656 34,058 55,951 1,420 990,721 39,297 64,821 405,388 1,046,672 39,297 64,821 406,808 $ 45,144 $ 67,477 $ 440,866 $ 1,243,113 Please note that these balances are unaudited Temecula Community Services District Combining Balance Sheet As of June 30, 1999 Assets: Cash and investments Receivables Due from other funds Total assets Service Service Debt Level D Level R Service Total $ 1,246,368 $ 15,244 $ 520,260 $ 3,331,386 75,750 1,270 8,694 315,030 17,770 $ 1,322,118 $ 16,514 $ 528,954 $ 3,664,186 Liabilities and fund balances: Liabilities: Other current liabilities Fund balances: Reserved Designated Undesignated Total fund balances Total liabilities and fund balances $ 1,119,688 $ 1,358,690 1,119,688 1,358,690 $ 502,690 560,061 202,430 $ 16,514 26,264 1,745,435 202,430 16,514 528,954 2,305,496 $ 1,322,118 $ 16,514 $ 528,954 $ 3,664,186 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 Fiscal Year Ended June 30, 1999 Revenues: Annual Amended YTD Total Budget Activity Encumbr. Activity Special tax $ 2,374,350 $ 2,319,205 $ 2,319,205 TCSD admin fee credit/"REST" 746,790 746,790 746,790 Recreation programs 426,500 458,721 458,721 Investment interest 24,000 43,727 43,727 Miscellaneous 60,970 64,579 64,579 Total Revenues 3,632,610 3,633,022 3,633,022 Expenditures: Parks and recreation 3,326,358 3,063,245 $ 24,251 3,087,496 Seniors 101,544 84,389 84,389 Community Recreation Center (CRC) 380,384 342, 160 342, 160 Recreation programs 435,723 357,620 5, 170 362,790 Temecula Community Center (TCC) 142,480 113,534 3,314 116,848 Museum 70,790 29,972 23,216 53,188 Non-Departmental 9,200 3,003 3,003 Total Expenditures 4,466,479 3,993,923 55,951 4,049,874 Revenues Over/(Under) Expenditures (833,869) (360,901) Beginning Fund Balance, July 1, 1998 Ending Fund Balance, June 30, 1999 1,407,573 1,407,573 573,704 $ 1,046,672 Notes: (1) The variance is primarily due to greater than expected cash balance. (2) The variance is primarily due to lower than anticipated persom~el costs. (3) The variance is primarily due to lower than anticipated persomml and utility costs. (4) The variance is primarily due to lower than anticipated persomml and various operating costs. (5) Museum expenditures are lower than anticipated due to the museum not being open by the end of the fiscal year. Percent of Budget 98% 100% 108% 182%(1) 106% 100% 93% 83% (2) 90% (3) 83% (2) 82% (4) 75% (5) 33% 91% 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 Fiscal Year Ended June 30, 1999 Revenues: Special tax Investment interest TCSD ad~nin fee credit/"REST" Street lighting fees Miscellaneous TotalRevenues Expenditures: Salaries and wages Street lighting Landscape maintenance Other operating expenditures Total Expenditures Revenues Over/(Under) Expenditures Begitming Fund Balance, July 1, 1998 Ending Fund Balance, June 30, 1999 Annual Amended YTD Budget Activity $ 195,240 $ 190,577 100 215 55,300 55,300 16,160 7,793 15,000 281,800 253,885 2,850 2,804 228,450 204,939 20,000 15,378 31,918 18,843 283,218 241,964 (1,418) 11,921 27,376 27,376 25,958 $ 39,297 Encumbr. Total Activity Percent of Budget $ 190,577 98% 215 215% 55,300 100% 7,793 48% 253,885 2,804 204,939 15,378 18,843 241,964 90% 98% 90% 77% 59% 85% Temecula Community Services District Service Level B Residential Street Lights Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Fiscal Year Ended June 30, 1999 Annual Amended YTD Budget Activity Revenues: Assessments $ 293,960 $ 293,951 Investment interest 1,500 1,561 TCSD admin fee credit/"REST" 3,410 3,410 Miscellaneous 14,970 25,953 Total Revenues 313,840 324,875 Expenditures: Salaries and wages 7,430 7,246 Street lighting 321,310 294,448 Miscellaneous 22, 100 5,542 Total Expenditures 350,840 307,236 Revenues Over/(Under) Expenditures (37,000) 17,639 Beginning Fund Balance, July 1, 1998 47,182 47,182 Ending Fund Balance, June 30, 1999 $ 10,182 $ 64,821 Encumbr. Total Activity Percent of Budget $ 293,951 100% 1,561 104% 3,410 100% 25,953 173% 324,875 7,246 294,448 5,542 307,236 104% 98% 92% 25% 88% 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 Fiscal Year Ended June 30, 1999 Annual Amended YTD Budget Activity Revenues: Assessments $ 557,680 $ 557,382 Investment interest 12,500 15,522 Miscellaneous 21,000 34,311 Total Revenues 591,180 607,215 Expenditures: Salaries and wages 119,490 109,072 Landscape maintenance 279,550 276,349 Utilities 14 1,440 120,904 Other expenditures 82,728 51,027 Total Expenditures 623,208 557,352 Revenues Over/(Under) Expenditures (32,028) 49,863 Beginning Fund Balance, July 1, 1998 356,945 356,945 Ending Fund Balance, June 30, 1999 $ 324,917 $ 406,808 Encumbr. ,420 1,420 Total Activity 557,382 15,522 34,311 607,215 109,072 277,769 120,904 51,027 558,772 Percent of Budget 100% 124% 163% 103% 91% 99% 85% 62% 90% 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 Fiscal Year Ended June 30, 1999 Annual Amended YTD Budget Activity Revenues: Assessments $ 2,221,560 $ 2,231,153 TCSD admin fee credit/"REST" 44,520 44,520 Investment interest 11,610 18,582 Total Revenues 2,277,690 2,294,255 Expenditures: Salaries and wages 43,680 36,532 Refuse hauling 2,221,900 2,231,459 Other expenditures 12,110 10,627 Total Expenditures 2,277,690 2,278,618 Revenues Over/(Under) Expenditures 15,637 Beginning Fund Balance, July 1, 1998 186,793 186,793 Ending Fund Balance, June 30, 1999 $ 186,793 $ 202,430 Encumbr. Total Activity $ 2,231,153 44,520 18,582 2,294,255 36,532 2,231,459 10,627 2,278,618 Percent of Budget 100% 100% 160% 101% 84% 100% 88% 100% Temecula Community Services District Service Level R Streets and Roads Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Fiscal Year Ended June 30, 1999 Annual Amended YTD Budget Activity Revenues: Assessments $ 12,800 $ 12,539 Investment interest 80 579 Total Revenues 12,880 13, 118 Expenditures: Emergency street maintenance 13,050 7,874 Other expenditures 180 83 Total Expenditures 13,230 7,957 Revenues O ver/(Under) Expenditures ( 350 ) 5,161 Beginning Fund Balance, July 1, 1998 11,353 11,353 Ending Fund Balance, June 30, 1999 $ 1 i,003 $ 16,514 Encumbr. Total Activity 12,539 579 13,118 7,874 83 7,957 Percent of Budget 98% 724% 102% 60% 46% 60% Temecula Conununity Services District Debt Service Fund Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Fiscal Year Ended June 30, 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, June 30, 1999 Annual Amended Total Budget Activity Percent of Budget $ 529,105 $ 528,954 501,970 501,446 100% 190,000 190,000 100% 305,670 305,665 100% 6,310 5,942 94% 501,980 501,607 100% (lo) (161) 529,115 529,115 $ 466,370 $ 465,898 100% 35,600 35,548 100% ITEM 3 TO: FROM: DATE: SUBJECT: GENERAL MANAGER TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA AGENDA REPORT General Manager/Board of Directors  erman D. Parker, Director of Community Services September 14, 1999 Award of Construction Contract for Butterfield Stage Park Improvements Project PW98-01CSD PREPARED BY:/}J-JWilliam G. Hughes, Director of Public Works/City Engineer Ward Maxwell, Associate Engineer - Capital Projects RECOMMENDATION: That the Board of Directors: Award a construction contract for Butterfield Stage Park Improvements, Project No. PW98- 01CSD to JDC, Inc. in amount of $35,007.50 and authorize the President to execute the contract. Authorize the General Manger to approve change orders not to exceed the contingency amount of $3,500.75, which is equal to 10% of the contract amount. BACKGROUND: The Community Services Department received a petition in 1997 requesting that a half court basketball court be installed at Butterfield Stage Park. On March 23, 1999, the Board of Directors authorized the Public Works Department to prepare construction documents and solicit construction bids. This project will provide for a basketball half court, ddnking fountain, concrete sidewalk, drainage and irrigation system modifications and planting. Three (3) bids were publicly opened on August 24, 1999, and the results for the bid are as follows: 1. JDC, Inc. $35,007.50 2. S. Parker Engineering Inc. $41,792.50 3. McLaughlin Engineering &Mining, Inc. $45,453.00 Staff has reviewed the bid proposals and found JDC, Inc. to be the lowest responsible bidder for this project. JDC, Inc. has satisfactory completed other project for other public agencies and/or school districts in the past. The specifications allow Forty-Five (45) working days for the completion of this project. A copy of the bid summary is available for review in the City Engineer's office. r: \agdrptO91499\pw98-Olcsd FISCAL IMPACT: Butterfield Stage Park Improvements project is a Capital Improvement Project funded through Development Impact Fees - Public Facilities, Development Impact Fees - Parks & Recreation and TCSD Operating Budget. These funds have been appropriated in Account No. 210- 190-164-5804 for the construction contract of $35,007.50 and the contingency amount of $3,500.75 for a total contract amount of $38,508.25. ATTACHMENT: 1. CIP Project Description 2. Contract r: \agdrpt091499\pw98-01 csd TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW98-OfCSD BUTTERFIELD STAGE PARK IMPROVEMENTS THIS CONTRACT, made and entered into the 14th day of September, 1999,by and between the Temecula Community Services District of the City of Temecula, a municipal corporation, hereinafter referred to as "DISTRICT", and J.D.C., INC., hereina~er referred to as "CONTRACTOR." WITNESSETH: That DISTRICT and CONTRACTOR, for the consideration hereinafter 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. PW98-01CSD, BUTTERFIELD STAGE PARK IMPROVEMENTS, 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 American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW98-01CSD, BUTTERFIELD STAGE PARK IMPROVEMENTS. 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. PW98-01CSD, BUTTERFIELD STAGE PARK IMPROVEMENTS. 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~prolects~pw98~pw98-01contract , 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. PW98-01CSD, BUTTERFIELD STAGE PARK IMPROVEMENTS 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 DISTRICT. DISTRICT 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 DISTRICT or its authorized representatives. CONTRACT AMOUNT AND SCHDULE. The DISTRICT agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: THIRTY FIVE THOUSAND SEVEN DOLLARS and FIFTY CENTS ($35,007.50), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed forty-five (45) working days, commencing with delivery of a Notice to Proceed by DISTRICT. Construction shall not commence until bonds and insurance are approved by DISTRICT. 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 LUMP SUM BID SCEHDULE: A, Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. 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 DISTRICT, 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 CONTRACT CA-2 R:\BID-DOCS\MASTERS~contracl 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 DISTRICT on forms provided by the DISTRICT. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the General 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 the Contract. Partial payments on the Contract price 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 DISTRICT shall retain a portion of the Contract award price, 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% of amount in 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 DISTRICT 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 DISTRICT. CONTRACTOR is required to promptly notify DISTRICT of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to DISTRICT, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the CONTRACT CA-3 R:\BID-DOCS\MASTERS%contract 10. 11. 12. 13. 14. 15. payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the DISTRICT 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 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 DISTRICT, 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 DISTRICT. The CONTRACTOR shall indemnify and be responsible for reimbursing the DISTRICT for any and all costs incurred by the DISTRICT as a result of Stop Notices filed against the project. The DISTRICT shall deduct such costs from Progress Payments or final payments due to the DISTRICT. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to DISTRICT'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 District 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 DISTRICT 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 General Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors CONTRACT CA-4 R:\BID-DOCS\MASTERS~conIract 16. 17. 18. 19. 20. 21. 22. 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 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 rights, 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 district 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 written 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: William G. Hughes, 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:\BID-DOCS\MASTERS%conIracI IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR J.D.C., inc. P.O. Box 3448 Rancho Cucamonga 91729 (909) 899-4841 By: Jim DeArmond DATED: APPROVED AS TO FORM: Print or type TITLE CITY OF TEMECULA By: Jeff Comerchero, President Peter M. Thorson, City Attorney ATTEST: Susan W, Jones, CMC/AAE, City Clerk CONTRACT CA-6 R \BID+DOCS\MASTERS~contra:' ITEM 4 APPROVAL CITY ATTORNEY E CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: Board of Directors J~Herman D. Parker, Director of Community Services September 14, 1999 SUBJECT: Park and Slope Area Tree Trimming Maintenance Services Contract PREPARED BY: H~KKevin T. Harrington, Maintenance Superintendent RECOMMENDATION: That the Board of Directors: 1. Award the Tree Maintenance Services contract to West Coast Arborists, Inc. for $50,000.00. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $5,000, which is equal to 10% of the contract amount. BACKGROUND: In June, 1999 Request for Proposals (RFP) and specifications for the Citywide Tree Trimming Contract were sent to twelve (12) tree trimming contractors. On July 6, 1999 three (3) bids were received for Citywide tree maintenance services. These lump sum proposals submitted are as follows: 1. West Coast Arborists 2. Gold Bear Arborists 3. J. Williams Landscape The work to be performed includes Class 1 tree trimming, tree and stump removals, root pruning, tree planting and emergency work call-outs. This work is necessary to maintain park and slope area trees, which are part of the City's Urban Forest. The contractor will inventory serviced trees by name, size and locations. Staff have reviewed the bid proposal from West Coast Arborists and found it to be acceptable. West Coast Arborists has performed work in the past for the City of Temecula and we have found their work to be satisfactory. West Coast Arborists are currently providing tree maintenance services for the Public Works Department under another agreement. A copy of the proposals are attached (Exhibit "A" for review). R:\HARRINGK\AGENDA.RPT\Park & Slope Tree Trimming.doc FISCAL IMPACT: Sufficient funds are available in the TCSD Annual Operating Budget in accounts 190-180-999-5415 and 193-180-999-5415. The contract amount for Fiscal Year 1999-00 is $55,000.00, which includes the base contract of $50,000.00 plus the 10% contingency of $5,000.00. Attachments: 1 ) Exhibit "A" 2) Contract R:\HARRINGK\AGENDA. RPT\Park & Slope Tree Trimming.doc EXHIBIT "A" R:\HARRINGK\AGENDA. RPTXPark & Slope Tree Trimming.doc ,~1R-25-59 13,26 FROM,CITY OF TEMECULA ID,9096946477 CITY OF TEMECULA TREE TRIMMING RFP BID PRICES FOR PROPOSED TREE TRIMMING CONTRACT PACE 14/19 BASED ON APPROXIMATELY 7.500 TREES IN VARIOUS LOCATIONS THROUGHOUT THE CITY OF TEMECULA STREET TREE TRIMMING -:CLEARANCE 'mue $ each 14.00 STREET TREE AESTHETIC TRIMMING - FULL TRIM 28.00 PALM TREE TRIMMING 28.00 COMPLETE TREE & STUMP REMOVAL 15.00 STUMP REMOVAL 4.00 ROOT PRUNING WITHOUT ROOT BARRIER 60.00 ROOT PRUNING WITH ROOT BARRIER $ {10' X 18' DEEP ROOT OR EQUIVALENT) 120.00 TREE PLANTING: each each diameter inch diameter inch 15 9a/. w/root barrier 15 gal. RIo root tiNrim' 24 inch box w/root barrier 95.00 each 80.00 em 195.00 each 34 inch box RIo root barrier watering CREW RENTAL - 3 MEN. AERIAL UNIT, DUMP TRUCX & CHIPPER 160.00 each 260.00 de 95.00 hour CREW RENTAL - 2 MEN. AERIAL UNIT. DUMP TRUCK & * 63.33 hmar CREW RENTAL - 1 MAN 6 31.67 hour EMERGENCY WORK CALL OUT - 3 MEN INCLUDING ALL ~ hour I NECESSARy F;QUIPMENT, DliPOSAL FEC~. AND ZERO 200.00 MATERIAL MARK-UP Attach a statement of qualificaljons oudinin9 ~he contractors corporate profile and con;ractor's experience in providing tree trimming services as required by the RFP. 2. Attach a list of clien~ references. Seleo~ed corTUaotor will provide the following documentation upon execu~on of the contract: Certificate of Insurance as outlined in the requirements in attachment B. 13 Patrick Mahoney, President 07/02/99 JUN-25-88 13,14 FROH,CZTY OF TEHECULA lD,EIOBE846477 CITY QF TEMECULA TREE TRIMMING RFP BID PRICES FOR PROPOSED TREE TRIMMING CONTRACT PAGE 14/IB BASED ON APPROXIMATELY 7,500 TREES IN VARIOUS LOCATIONS THROUGHOUT THE CITY OF TEMECULA STREET TREE TRIMMING - C%Lq, RAN~ Tram I STREET TREE AESTHETIC TRIMMING - FULl. TRIM t PALM TRFJ[ TRIMMING JCOMPLET! TREE & STUMP REMOVAL ISTUMp RJEMOVAL ROOT PRUNING WITHOUT ROOT BARRIER ROOT PRUNING WITH ROOT BARRIER i(lO' X 18' DEEP ROOT OR I~ClUNALENT') TREE PLANTING: 26.00 PER TREE ea~ 30_. 00 PER TREE eaeh 24.00 PER TP33E mmeh 600.00 PER REMOVAL dkn!lte b~h 24- - '~n" 200.00 PER GRIND d~rnmtee b~ 24" - 30" 150.00 AVERAGE I each 242.00 AVERAGE each 15 9eL w/root 15 Ilal. wlo ro~t bMrim J24 b~ box w/rNt 24 in~ ~ wlo wet~ing C~ ~TAL C~W ~TAL · JCt~ ~T~ M~-UF 159.89 PER INSTALL each ,. 65.00 PER INSTALL each 357.00 PER INSTALL seth 240.00 PER INSTALL each 125.00 PER DAY day 295.00 PER HOUR heMr 250.00 PER HOUR I beer 45.00 PER HOUR I ~ 4 42.00" PER HOUR ~ h4N~ - I 1. Attach a statement of qualificaUons outlining the contractors corporate. profile and con~ractor's experience in providing flee trimming services as required by the RFP. " Attach a list of client references. ' ~.{'~i:~:~::~ .... e Selecmd contractor will provide the following documentation upon execul~on of the contract: Certificate of Insurance as outJined in ~he requirements in attachment B. 13 J. WILLIA}(S, PRESIDENT- 7/02/99 Si~e ' Name i:el,~;~ ,/. ...... J. WtlliRm. Landscape, Inc. ~TLJH ~5 ' 99 ~3: ~gPM CITY OF TEMECULA TREE TRIMMING RFP i BID PRICES FOR PROPOSED TREE TRIMMING CONTRACT i I I I i i I I I t I P.14/19 BASED ON APPROXIMATELY 7.500 TREES IN VARIOUS LOCATIONS THROUGHOUT THE CFrY OF TEMECULA !'i~:. '.'i~!l':;:~:i:!~.:'..,.'--'.i~F' .:.4i~.?~)".i'. ........:...., i!!~i~:.~U~,~.i~;...E;~:~.,:.t..i.~K;?..,a ~'!~i.~i~.:.'!;..~i~ '~::" 'i~! '=" '..:..%~; -"~ ............i ..............'.=/~.:S,'L '=+..~ ~":~ ~=, =~"!:~., ~ ...........x.~ ......, .................._ STREET TREE .TRIMMING - Ct.F. ARANCE TRN $ 14.00 each STREET TREE AESTHETIC TRIMMING - FuLL TRIM ~ 38.4~ each" PALM TREE TRIMMING $ 10.00 each COMPLETE TREE & STUMP REMOVAL STUr,,~P REMOVAL ROOT PRUNING WITHOUT ROOT BARRIER ROOT PRUNING WITH ROOT BARRIER (10' X lI' DEEP ROOT OR EQUNALENTI TREE PLANTING: 15 gal. w/roo~ barrier 15 gel; wlo root barrier 6.50 2.80 85.00 diameter inch diameter inch each 135.00 115.00 69.00 each 24 incl~ box w/root ba,ie ~ 260.00 24 inch box wio ioot bmier $ ~190.00 waterir',g $ 365. O0 CREW.RENTAL '-: MEN. AERmL Unfr, DUMP TRUCK & $ 165.00 CHIPPER each each each day hour CREW RENTAL - 2 MEN. AERIAL UNIT, DUMP TRUCK & $ 130.00 hour CHIPPEr= CREW RENTAL -1 MAN $ 40.00 hour hour EMERGENCY WORK CALL OUT - 3 MEN INCLUDING ALL ~ 240.00 J NECEISARY EQUIPMENT, DISPOSAL FEE~. AND 2~RO MATB:IIAL MARK-UP I 3. Attach .a statement of qualifications outlining the contractors corporate profile and contractor's experience in providing tree trimming services as required by the RFP. Attach a list of client referenc, es. Sele~;{ed contractor will provide the following documentation. upon execution of the Certificate of Insurance as outlined in the requirements in attachment B. Heather A. Kells Contracts blana uly 2, 1999 Nam ,fie/ t~- .." contact TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA CONTRACT FOR TREE MAINTENANCE SERVICES THIS CONTRACT, made and entered into the 15th day of September, 1999, by and between the Temecula Community Services District, a municipal corporation, hereinafter referred to as "DISTRICT", and West Coast Arborists, Inc., herein referred to as "CONTRACTOR." WITNESSETH: That DISTRICT and CONTRACTOR, for the consideration hereinafter 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 TREE MAINTENANCE SERVICES, 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 bf the American Associated General Contractors of California (hereina~er, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for TREE MAINTENANCE SERVICES. 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 TREE MAINTENANCE SERVICES. 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. 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. R:\HARRINGK%AGREEMNT\Tree Maintenance Services Contract 99-00,doc 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: TREE MAINTENANCE SERVICES 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 DISTRICT. DISTRICT 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 DISTRICT or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. The DISTRICT agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: FIFTY THOUSAND DOLLARS and NO CENTS ($50,000.00) the total amount of the base bid. TERM: The term of the contract shall commence upon award by the District ahd continue through June 30, 2000. The District reserves the option to extend the contract(s) for an additional three (3) years. No price adjustments will occur during the first thirty-six (36) months of this agreement. Upon request of the contractor and agreement by the District, the item prices may be adjusted by the amount equal to the increase or decrease, during the previous twelve (12) months, in the Riverside, San Bernardino ALL Urban Consumers Index to determine the percentage of increase or decrease, the term "previous twelve months" shall mean the twelve (12) month period ending June 30th Of that year, or if not available, the prior month. CONTRACTOR: The work to be performed shall be completed within THIRTY FIVE (35) CALENDAR' DAYS after execution of contract and Notice to Proceed has been issued. Work shall not commence until bonds and insurance are approved by the District. CHANGE ORDERS. All change orders shall be approved by the District Board of Directors, except that the City Manager is hereby authorized by the District Board of Directors to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the District Board of Directors. PAYMENTS LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. \\TEMEC_FS1 O1 \VOL1 \DEPTS\CSD\HARRINGK\AGREEMNT\Tree Maintenance Services Contract 99-O0.doc 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 DISTRICT, 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 DISTRICT on forms provided by the DISTRICT. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the General 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 the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Do 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 DISTRICT shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,OOO 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% ofamount in excess of $500,000 SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at any time, for any reason, with or without cause, suspend or terminate this contract, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Contract, unless the notice provides otherwise. If the District suspends or terminates a portion of this Contract such suspension or termination shall not make void or invalidate the remainder of this Contract. \\TEMEC_FS101 \VOL1 \DEPTS\CSD\HARRINGK\AGREEMNT\Tree Maintenance Services Contract 99-00.doc 10. 11. 12. 13. b. In the event this Contract is terminated pursuant to this Section, the District shall pay to the Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Contract pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 6. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to DISTRICT, in writing, 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 DISTRICT 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 District Board of Directors 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 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 DISTRICT, 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 DISTRICT, 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 litigation arising through the sole active negligence or sole willful misconduct of the DISTRICT. The CONTRACTOR shall indemnify and be responsible for reimbursing the DISTRICT for any and all costs incurred by the DISTRICT as a result of Stop Notices filed against the project. The DISTRICT shall deduct such costs from Progress Payments or final payments due to the DISTRICT. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to DISTRICT's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. \\TEMEC_FS 101 \VOL1 \DEPTS\CSD\HARRINGK\AGREEMNT\Tree Maintenance Services Contract 99-00.doc 14. 15. 16. 17. 18. 19. 20. 21. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any District officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR furlher warrants that no person in its employ has been employed by the DISTRICT 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 General 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 DISTRICT 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 DISTRICT. 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 times be subject to inspection and audit by any authorized representative of the DISTRICT. INSPECTION. The work shall be subject to inspection and testing by DISTRICT 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 District and Contractor understand and agree that the laws of the State of California shall govern the rights, 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 district court with geographic jurisdiction over the Temecula Community Services District of 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. \\TEMEC FS101 \VOL1 \DEPTS\CSD\HARRINGK\AGREEMNT\Tree Maintenance Services Contract 99-00.doc 22. WRITTEN NOTICE. Any written 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 DISTRICT addressed as follows: Herman Parker, Community Services Director City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR '. WEST COAST ARBORISTS, INC. 2200 E. Via Burton Street Anaheim, CA 92806 (714) 991-1900 DATED: By: Patrick O. Mahoney, President TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA By: Jeff Comerchero, President APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk \\TEMEC_FS 101 \VOL 1 \DEPTS\CSD\HARRINGK\AGREEMNT\Tree Maintenance Services Contract 99-00.doc ITEM 5 APPRO~f~~ CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors erman Parker, Director of Community Services September 14, 1999 City of Temecula Wall of Honor PREPARED BY: Todd Holmes, Development Services Administrator RECOMMENDATION: That the Board of Directors: 1. Approve a procedure for the establishment and continuing operation of the City of Temecula Wall of Honor. DISCUSSION: The Wall of Honor is intended to honor and recognize individuals who have made an outstanding contribution to the City of Temecula. The names of the designated individuals will be permanently displayed in a prominent location: The Tony and Mildred Tobin Rotunda in the Temecula Valley Museum. A Subcommittee, which included Council Member Jeff Comerchero and Commissioners Jim Meyler and Henri Miller, was formed to develop a procedure for the establishment and continuing operation of the City of Temecula Wall of Honor. On August 9, 1999 the Community Services Commission approved the Subcommittee's recommended procedure for the establishment and continuing operation of a Wall of Honor for the City of Temecula. The Commission also approved a set of design guidelines for the construction of the Wall of Honor. The procedure, which included the guidelines, is attached for your review and approval. The procedure calls for the establishment of a permanent Wall of Honor Subcommittee to review nominations and rank the top nominees. This Subcommittee will be made up of the following individuals: The Temecula Good Neighbor and the Wall of Honor honoree(s) from the prior year, one City Council Member, and one member from each of the three City Commissions. During the first two years the honoree(s) will not participate. In the first year there will be no prior year honoree(s) and in the second year there will be ten prior honorees. The Subcommittee decided that inclusion of the ten honorees in the selection process would be unwieldy. The review and ranking will be done individually by the Subcommittee members and the results will be mailed in to City Hall and staff will tabulate the results; the Subcommittee will not meet. The top ranked nominee(s) will be taken forward for approval to the Community Services Commission and the City Council. The Subcommittee recommended that the procedure be returned to the Commission in July 2000 for review and possible modification. The review would factor in the experience gained in the inaugural selection process. The initial group of honorees will not be selected based on a threshold (please see the attached procedure). The threshold number is not set in the attached procedure, so the Commission will need to designate the threshold as part of the overall review in July 2000. FISCAL IMPACT: The cost of constructing the Wall of Honor is included as a part of the Museum improvements. The annual administrative and maintenance costs will be nominal. Attachments: Wall of Honor Procedure Wall of Honor Concept Sketch CITY OF TEMECULA PROCEDURE FOR THE ESTABLISHMENT AND CONTINUING OPERATION OF THE CITY OF TEMECULA WALL OF HONOR 9/14/99 WALL OF HONOR To honor and recognize individuals who have made an outstanding contribution to the City of Temecula over a significant period of time. To commemorate the contribution, the names of these individuals will be placed on a wall of honor in the Tony and Mildred Tobin Rotunda in the Temecula Valley Museum. BASIC CRITERIA FOR SELECTION To be eligible, an individual must have made a major contribution to improve the quality of life for the residents of the City of Temecula over a significant period of time. Members of service clubs, City Councilmembers and Commissioners, City Staff, and residents are all eligible for nomination. METHODOLOGY Names will be added to the wall on an annual basis. The inaugural group of honorees will be selected and placed on the wall when the wall is dedicated. This group will consist of 10 individuals. One or more honorees will be placed on the wall in each succeeding year. · The City will solicit nominations for the Wall of Honor each September. Announcements will be placed in local newspapers and posted on public buildings. The process will also be publicized by mailings to community groups and announcements by elected and appointed officials of the City. · Anyone can submit a nominee or nominees utilizing a form provided by the City. The form will require some background information and a shod statement (not to exceed fifty words) in support of the nomination. · A Wall of Honor Subcommittee will review the nomination forms. This Subcommittee will be made up of the following individuals: The Temecula Good Neighbor and the Wall of Honor honoree(s) from the prior year, one City Councilmember, and one member from each of the three City Commissions. The Subcommittee will not meet; copies of the nominations will be mailed to each member along with a ballot. Each Subcommittee member will rank all the nominees in numerical order from one to the total number of nominations, with one being the lowest ranking. The Subcommittee will mail the completed ballot to the City and staff will tabulate the results. The points assigned to each of the nominees will be totaled and the results compared to a minimum threshold number. All nominees who CITY OF TEMECULA PROCEDURE FOR THE ESTABLISHMENT AND CONTINUING OPERATION OF THE CITY OF TEMECULA WALL OF HONOR 9/14/99 Page Two meet or exceed the threshold number will be recommended for placement on the Wall of Honor and taken forward to the Community Services Commission for approval. The Commission's nominee(s) will be presented to the City Council for final approval. · It is anticipated that the final approval of the nominee(s) and the induction ceremony will take place in December. · The inaugural group will be selected in the manner described above, except that the ten individuals with the highest number of points will be placed on the Wall of Honor. No threshold will be applied to the inaugural group. · A threshold has not been included in this procedure. Subsequent to the inaugural selection, a threshold will need to be set before the next round of balloting. · During the first two years, the Wall of Honor Subcommittee will not include the prior year's honoree. In the first year there will be no prior year honoree(s) and in the second year there will be ten honorees. The inclusion of the ten honorees in the selection process would be unwieldy. DESIGN CONSIDERATIONS · The Wall of Honor will be located in the Tony and Mildred Tobin Rotunda at the Temecula Valley Museum. The Wall of Honor will occupy one wall panel to the left of the doorway into the exhibit area. · Each name will be placed on a large acrylic panel mounted on the wall of the rotunda. The panel will appear as if the names were sandblasted on a sheet of glass. The panel will include large lettering stating "City of Temecula Wall of Honor" with a brief explanation about the purpose of the wall. This display configuration will be integrated into the design of the other elements in the rotunda. · A short statement describing each honoree and the nature of the her/his contribution will be placed in an archive and/or in an interactive computer station at the museum. living off ~hfi Land Creating the Mmum Rollroad Croe~roacla of Tmnmporfa~on and Comm~roe II CHy Wall of Hofior Cr~o~ng · Cemmun~ Old Town Mmo L I Intera~~vfi idap I i, and: Our Teme~ulo Volley iauNum Inffaclua~ry V1cleo They P~mdthl~ Shop [~ntranae Enh'~nce ITEM 6 CITY ATTOR DIRECTOR OF FIN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: Board of Directors t ~.," erman D. Parker, Acting Director of Community Services September 14, 1999 SUBJECT: Mobile Recreation Program Update PREPARED BY: Julie Crowe-Pelletier, Recreation Superintendent RECOMMENDATION: That the Board of Directors: Receive and file a report on the Mobile Recreation Program known as Rec R.O.C.K.s. DISCUSSION: Staff members within the Recreation Division are pleased to announce that the Mobile Recreation Program known as Rec R.O.C.K.s (Recreation Opportunities for Our City's Kids") was extremely successful. The overall purpose of the program was to provide a variety of recreation opportunities during the summer months to Temecula's youth ages seven to fourteen (7-14). This exciting program was offered at (4) park sites throughout the community. The four (4) park site locations were Margarita Park, Winchester Creek Park, Riverton Park, and Pala Park. The program was implemented Tuesdays through Fridays from 9:30 a.m. - 5:00 p.m. Staffing included Recreation Leader, Jimmy Duty and Recreation Assistant, Judith Howell. Staff rotated to two parks per day for a 2~/2 hour time period, twice per week. Monday served as a day for staff to prepare programs and activities, as well as re-stock the City's vehicle used to transport both staff and supplies. This successful drop-in mobile recreation program began on July 1, 1999 and concluded on August 20, 1999. Although the duration of the program was short-term, both children, as well as their parents welcomed the opportunities the program offered. Rec R.O.C.K.S.s provided organized sport programs, art and craft projects, theme activities, as well as fun and exciting games and contests to approximately 15 - 40 youth per day. Upon the scheduled completion of this seasonal program, staff took the opportunity to complete an overall evaluation of the program. The evaluation concluded that this type of mobile recreation program is very beneficial to the community by enabling youth throughout the community to participate in organized, as well as supervised recreation programs in neighborhood park settings close to their homes. FISCAL IMPACT: The total cost for this eight week summer program was 95,41 5.00. This provided for the two part-time staff, supplies and equipment. REDEVELOPMENT AGENCY ITEM I MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JULY 13, 1999 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 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 Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 7:42 Revision of the Residential Improvement Proqram, the First-Time Homebuyer Program, And the Employee Relocation Pro.qram RECOMMENDATION: 1.1 1.2 1.3 Revision of the Fa?ade RECOMMENDATION: 2.1 Approve the revised Program Parameters for the Residential Improvement Program; Approve the revised Program Parameters for the First-Time Homebuyer Program; Approve the revised Program Parameters for the Employee Relocation Program. mprovement Proqram Approve the recommended revisions to the Fac;ade Improvement Program. Agency Member Stone abstained with regard to this item. 3 Exclusive Negotiating Agreement with Hopkins Real Estate Group RECOMMENDATION: 3.1 Adopt an Exclusive Negotiating Agreement with Hopkins Real Estate Group for the potential redevelopment of the Poole Property. R\Minutes\071399 Agency Member Stone abstained with regard to this item. 4 Granting of an Easement for Southern California Edison RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. RDA 99- 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 This item was removed from the Consent Calendar. Chairman Lindemans relayed staff's recommendation to remove Consent Calendar No. 4. MOTION: Agency Member Comerchero moved to remove Consent Calendar Item No. 4, and to approve Consent Calendar Item Nos. 1-3. The motion was seconded by Agency Member Ford. For the record, Chairman Lindemans relayed his strong opposition with respect to Consent Calendar No. 3. At this time, voice vote was taken reflecting approval with the exception of Chairman Lindemans who voted n__g_o with respect to Consent Calendar Item Nos. 1.2 and 3, and Agency Member Stone who abstained with respect to Consent Calendar Item Nos. 2 and 3. DEPARTMENTAL REPORT No comments. EXECUTIVE DIRECTOR'S REPORT No comments. AGENCY MEMBERS' REPORTS No comments. R\Minutes\071399 '~ ADJOURNMENT At 7:45 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, July 27, 1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Karel Lindemans, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary R\Minutes\071399 3 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JULY 27, 1999 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 9:09 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Ford, Roberrs, Stone, and Lindemans. ABSENT: 0 AGENCY MEMBER: None. Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Grantin.q of an Easement for Storm Drain Improvements for the First Street Brid.qe RECOMMENDATION: 1.1 Adopt a resolution entitled: RESOLUTION NO. RDA 99-11 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA GRANTING AN EASEMENT FOR STORM DRAIN IMPROVEMENTS RELATING TO THE FIRST STREET BRIDGE MOTION: Agency Member Comerchero moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Roberts and voice vote reflected approval with the exception of Agency Member Stone who abstained. EXECUTIVE DIRECTOR'S REPORT No comments. AGENCY MEMBERS' REPORTS No comments. Minutes.rda\072799 1 ADJOURNMENT At 9:10 P.M., the Temecula Redevelopment Agency meeting was formally adjoumed to Tuesday, August 10, 1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Ddve, Temecula, California. Karel F. Lindemans, Chairman ATTEST: Susan W. Jones, CMC/AAE City Clerk/Agency Secretary [SEAL] Minutes.rda~072799 2 ITEM 2 APPROVAL I A O TY TTORNEY DIREGTOR OF FINA GITY MANAGER TEMEGULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: Executive Director/Agency Members John Meyer, Housing and Redevelopment Manager DATE: September 14,1999 SUBJECT: Purchase and Sale Agreements for Residential Sites in the Pujol Area Prepared By: Joyce Powers, Senior Redevelopment Analyst RECOMMENDATION: 1. Adopt a Resolution entitled: RESOLUTION NO. RDA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED AT 28735 PUJOL STREET IN THE CITY OF TEMECULA 2. Adopt a Resolution entitled: RESOLUTION NO. RDA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED AT 28496 PUJOL STREET IN THE CITY OF TEMECULA 3. Adopt a Resolution entitled: RESOLUTION NO. RDA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE \\TEMEC_FSI01WOLI\DEPTS\REDEVXPowersjXAcquisitions\Staff report PSAs 9-14-99.doc 1 AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED AT 28516 PUJOL STREET IN THE CITY OF TEMECULA 4. Adopt a Resolution entitled: RESOLUTION NO. RDA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED IN THE 28500 BLOCK OF PUJOL STREET (APN 922-053-008) IN THE CITY OF TEMECULA BACKGROUND: In an effort to implement the General Plan Housing Element and the Redevelopment Implementation Plan, staff has pursued the acquisition of certain parcels of land in the Pujol area as directed by the Agency Board dudng Closed Session. Based on fair market value appraisals, staff has negotiated the following purchase pdces for the subject properties: 28735 Pujol Street (APN 922-062-019) Ladanyi Purchase Pdce: $47,000 = 28496 Pujol Street (APN 922-052-005) Viefhaus/Barker Purchase Pdce: $132,500, plus relocation costs in the amount of $22,500 28516 Pujol Street (APN 922-053-007) Irwin Purchase Pdce: $140,000, plus relocation costs in the amount of $22,500 = Vacant parcel in the 28500 block of Pujol Street (APN 922-053-008) Otto Purchase Pdce: $80,000 Based on eadier Agency Board direction, the Executive Director was authorized to prepare the necessary purchase documents subsequent to the completion of the required Phase 1 Environmental Site Assessments. The Board further authorized expenditures of up to $398,650 from the RDA Housing Fund for acquisition, demolition, relocation, environmental assessment reviews, and closing costs. Staff was also directed to return to open session for approval of the Purchase and Sale Agreements. A Phase I Environmental Assessments have subsequently been conducted on all parcels to determine the presence of any hazardous waste or unacceptable soil conditions. Each report revealed no evidence of recognized soil conditions in connection with the property and no further action is required. Therefore, staff recommends the adoption of the four listed Resolutions approving the respective attached Purchase and Sale Agreements. R:\Powcrsj\Acquisitions\Staff report PSAs 9-14-99.doc 2 FISCAL IMPACT: The $398,650 will be funded by the RDA Low to Moderate Housing Fund. One million dollars has been approved in the FY 99-00 Capital Improvement Program for Affordable Housing Pujol Neighborhood. ATTACHMENTS: 2. 3. 4. Resolution No. 99- Resolution No. 99- Resolution No. 99- Resolution No. 99- __ and Purchase and Sale Agreement- Ladanyi and Purchase and Sale Agreement - Viefhaus/Barker __ and Purchase and Sale Agreement - InNin and Purchase and Sale Agreement - Otto \\TEMEC_FS 101 \VOL 1 \ DEPTS\REDEV\PowersjXAcquisitions\Staff report PSAs 9-14- 99. doc 3 ATTACHMENT NO. I RESOLUTION NO. RDA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVEL- OPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PI~CHASE AND SAI,E AGREE- MENT AND ESCROW INSTRUCTIONS" FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 28735 PUJOL STREET IN TIlE CITY OF TEMECULA THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES IIEREBY 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 Agency is currently implementing the Redevelopment Plan for Redevelopment Project No. 1--1988, originally approved by the Board of Supervisors of Riverside County on July 12, 1988 prior to incorporation of the City of Temecula and subsequently approved and transferred to the Redevelopment Agency of the City of Temecula on April 9, 1991 (the "Plan"). b. The Agency proposes to purchase the property described in the "Purchase and Sale Agreement and Escrow Instructions" attached hereto as Exhibit A. and located at 28735 Pujol Street in the City of Temecula (APN 922-062-019) for redevelopment purposes consistent with the Agency authority under the Plan and the Community Redevelopment Act, Health and Safety Code Section 33000 et seq. c. The Agreement is consistent with the Plan and with the Implementation Plan adopted by the Agency. d. 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. e. This action is being undertaken pursuant to the Plan for which a full and complete Environmental Impact Report was prepared and certified prior to adoption of the Plan. Moreover the acquisition of property by itself will have no impact on the environment as it is simply the change in ownership of the property without a change in the physical condition of the property. None of the conditions described in 14 Cat. Admin. Code § 15162 are found to exist. Therefore, pursuant to the provisions of CEQA R:\powersj\acquisitions\landanyi.reso and, specifically, 14 Cat. Admin. Code §§ 15162 and 15180, neither a subsequent nor a supplemental Environmental Impact Report is required for the subject agreement. Section 2. The Board of Directors of the Redevelopmere Agency of the City of Temecula hereby approves that certain "Purchase and Sale Agreement and Escrow Instructions" between the Redevelopment Agency of the City of Temecula, a public body corporate and politic, and Irene Landanyi, which Purchase Agreement is dated as of September 14, 1999. The Chairperson of the Agency is hereby authorized and directed to execute the Agreemere on behalf of the Agency. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevelopment Agency of the City of Temecula on September 14, 1999. Karel F. Lindemans, Chairperson ATTEST: Susan W. Jones, CMC Acting Agency Secretary/City Clerk [SEAL] R:\powersj\acquisitions\landanyi.reso STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA sS I, Susan W. Jones, Acting Secretary of the Redevelopmere Agency, do hereby certify that the foregoing Resolution No. RDA 99- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopmere Agency at a regular meeting thereof held on the 14 th day of September , 1999, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: Susan W. Jones, CMC Acting Agency Secretary/City Clerk R:\powersjkacquisitionsklandanyi.reso EXHIBIT "A" OF ATTACHMENT NO. I PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of September 14, 1999 by and between Irene Ladanyi ("Seller"), and the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Agency"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). In consideration of the premises operative provisions and the recitals set forth in this Agreement, the parties hereto agree as follows: 1. Recitals. The parties hereto represent to each other that the following facts and purposes are true and correct: a. On May 10, 1999, 1999 the Agency delivered Seller an offer (the "Offer") to purchase the real property described in Exhibit "A" attached hereto and made a pan hereof (the "Property"). b. Following delivery of the Offer Agency and Seller negotiated terms by which the Agency would acquire the Property so as to avoid eminent domain proceedings and now desire to set forth in this Agreement the terms and conditions of the Agency 's acquisition of the Property. c. Agency intends to use the Property for public purposes allowed by law, including, but not limited to, subsequent conveyance of the Property to other govemmental entities for public purposes. 2. Purchase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Property to Agency, and Agency agrees to buy the Property from Seller, on the terms and conditions hereinafter set forth. 3. Purchase Price. The purchase price for the Property to be paid by Agency is the sum of Forty-seven Thousand Dollars ($47,000.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow. The Agency will pay all closing costs. 4. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for the Property. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Agency and Seller. Agency's fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner' s Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure Agency's fee interest in the Property free and clear of all 8130199 RDA Purchase Agreemere liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of title (" Permitted Title Exceptions"): a. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and b. Those non-monetary exceptions appmved by Agency within fifteen (15) business days after the date Agency receives the title commitmere and legible copies of all instruments noted as exceptions therein. If Agency unconditionally disapproves any such excep- tions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to Agency (less Agency's share of escrow cancellation charges), and this Agreemere shall be of no further force or effect. If Agency conditionally disapproves any such exceptions, then Seller shall use Seller' s best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, Agency may, at Agency's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Agency's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, Agency's fee title to the Property shall be free and clear of all monetary encumbrances. 5. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Agency the Property. The Grant Deed shall be in a form satisfactory to Agency and Agency's counsel and shall be accepted by Agency prior to recording. 6. Authorization to Record Docnments and Disburse Funds. a. Escrow Holder is hereby authorized to record the documems and disburse the funds and documems called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: (1) Title Company can issue in favor of Agency the Policy, showing the Property vested in Agency subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary liens and encumbrances at the Close of Escrow. (2) Escrow Holder shall have received Agency's notice of approval or satisfaction or waiver of all of the contingencies to Agency 's obligations hereunder, as provided for in Section 12.; and (3) Seller shall have deposited in Escrow the Grant Deed required by Section 5. b. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. s/3w99 ~t~A ~ Ag~,~t 2 7. Escrow. The parties hereby establish an escrow ("Escrow") to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Agency and Seller. Close of Escrow shall be the date upon which the Grant Deed to Agency is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which is not later than the first business day occurring sixty (60) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever shall be solely that of Seller. 8. Escrow Charges and Prorations. Agency shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Agency shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fall to close through no fault of either party, Agency shall pay all Escrow cancellation charges. 9. License to Enter. Seller hereby grants to Agency and Agency's authorized agents, contractors, consultants, assigns, aUomeys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and an environmental site assessment thereof. Agency shall give Seller reasonable notice before going on the Property. Agency does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Agency's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Agency fails to acquire the Property due to Agency's default, this license shall terminate upon the termination of Agency's fight to purchase the Property. In such event, Agency shall remove or cause to be removed all Agency's personal property, facilities, tools and equipment from the Property. 10. Warranties and Representations of SeBer. Seller hereby represents and warrants to Agency the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. That (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations To g/30199 RDA Pm'dm~ Agreeme~ 3 this end, it is agreed that notwithstanding the conveyance of the Property to Agency, Seller shall indemnify, protect, defend and hold harmless Agency from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to auorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by mason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. b. That Seller is the sole owner of the Property tYee and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller shall not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. c. Neither this Agreement nor anything provided to be done hereunder including the transfer of the Property to Agency, violates or shall violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. d. There are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Agency harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. e. There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any pan thereof, and no persons have any right of possession to the Property or any pan thereof. f. Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 11. FULL PAYMENT OF ALL OBLIGATIONS OF AGENCY. It is understood and agreed between Seller and Agency that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all property interests pertaining to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attorney's ~/~o/~ ~A ~ A~m 4 fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse condemnation, owner participation rights under the Redevelopmere Plan, relocation assistance and/or benefits under the Unitbrm Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Agency has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all rights by Seller herein set forth are free and voluntary. 12. Agency 's Contingencies. a. For the benefit of Agency, the Closing of Escrow and the Agency's obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or Agency's written waiver thereof, it being agreed that Agency can waive any or all such contingencies) on or before the Close of Escrow: (1) That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. (2) The delivery of all documents pursuant to Section 5. hereof. (3) Title Company's commitment to issue in favor of Agency of a CLTA Standard Coverage Owner' s Policy of Title Insurance with liability equal to the Purchase Price showing Agency's fee interest in the Property subject only to the Permitted Title Exceptions. (4) Agency's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that Agency might perform prior to the Close of Escrow. (5) Close of Escrow occur on the date which is not later than the first business day occurring sixty (60) days after the date of this Agreement. b. In the event one or more of the contingencies occurs, the Agency shall be entitled to terminate this Agreement without being in breach or default under the Agreement, in accordance with the procedures set/brth in Section 14 of this Agreement. Seller further agrees that in the event of the occurrence of any such contingencies and termination of this Agreement by Agency, it will suffer no damages resulting from the termination or Agency's enactment of the Resolution and that Agency shall have no liability to Seller whatsoever for such actions, except for payment of its share of escrow cancellation fees. 13. Certification of Non-Foreign Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a similar notice 8/30/99 RDA Purchase Agreeag-m 5 pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 14. Default. Except as otherwise provided in this Agreemere, in the event of a breach or default under this Agreement by either Agency or Seller, the non-defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the delhulting party and to Escrow Holder, and if Agency is the non-defaulting party, Agency shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 15. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: Agency: Redevelopmere Agency of the City of Temecula 43200 Business Park Drive Temecula, California 92590 Atm: Executive Director COPY TO: Richards, Watson & Gershon 333 So. Hope St., 38th FIr. Los Angeles, California 90071 Attn: Peter M. Thorson, Esq. SELLER: Irene Landanyi 1220 Hillcrest Lane Fallbrook, CA 92028 ESCROW HOLDER First American Title Company 3625 Fourteenth Street Riverside, CA 92502 Atm: Deborah Newton Escrow No. 16. Broker's Commissions. Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller' s actions with respect to the Property. Agency shall not be 8130199 RDA Purchase Agreement - 6 - liable for any such fees or claims and Seller shall indemnify Agency, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. 17. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 18. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Agency and Seller and deposited with Escrow Holder. 19. Miscellaneous. a. Applicable Law. This Agreement shall be construed and interpreted under, and govemed and enforced according to the laws of the State of Caiifomia. b. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Agency and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Agency acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein shall be valid or binding on Seller or Agency. c. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. d. Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company 's general Escrow instructions. 8/30/99 RDA Purchase Agreemen~ 7 e. 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. f. Interpretation and Construction. The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, parmership, firm, trust, or association wherever the context so requires. The captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. g. Seller Cousultatious. Seller has reviewed the terms of the sale of its property to the Agency and the effects of such sale with its legal counsel, tax consultant, and real estate advisor. Seller warrants and represents to the Agency that except for the terms of this Agreement and the recitals set forth herein, Seller has not relied on any statements, opinions, or other comments of the Agency, its officers, employees, attorneys, consultants or agents and has independently reviewed and verified such facts, tax consequences, and other matters as may be important to Seller in connection with this transaction. Seller acknowledges and agrees that in the event such matters turn out differently than Seller anticipates at this time, Seller shall assume all responsibility and liability for such matters and shall have no recourse against the Agency for such changes. h. Executive Director's Authority. The Executive Director is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 20. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees from the other party. 21. Assignment. Agency may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation shall not relieve Agency of any of its obligations under this Agreement. 8/30199 RDA Purclutse Agreemeta - 8 - 22. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 9, 10, 11 and 16 hereof, and Agency and Seller release Escrow Holder from liability or obligation as to Section 9, 10, 11 and 16 hereof. IN WITNESS WItEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER Irene Ladanyi REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic: Karel Lindemans Chairperson ATTEST: Susan Jones, Agency Secretary APPROVED AS TO FORM: By Peter M. Thorson Agency Attorney 8130/99 RDA Purchase Agreement - 9 - EXHIBIT "A" Legal Description of the Property Lot 4/and the Northwesterly 8 feet of the Northeasterly 105 feet of Lot 3 in Block 34 of the TOWN OF TEMECULA, as shown by Map on file in Book 15 page 726 of Maps, Records of San Diego County, California, together with that portion of an unnamed street 40 feet in width as shown on said map adjacent said Lot 4 on the Southwest, as vacated by Order of the Board of Supervisors of Riverside County, a copy of which was recorded December 8, 1936 in Book 304, page 356 of Official Records. ATTACHMENT NO. 2 RESOLUTION NO. RDA 99- A RESOLUTION OF THE, BOARD OF DIRECTORS OF THE REDEVEL- OPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITI,ED "PURCHASE AND SAI,F, AGREE- MENT AND ESCROW INSTRUCTIONS" FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 28496 PUJOL STREET IN THE CITY OF TEMECULA THE BOARD OF DIRECTORS OF THF, 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 Agency is currently implementing the Redevelopment Plan for Redevelopment Project No. 1--1988, originally approved by the Board of Supervisors of Riverside County on July 12, 1988 prior to incorporation of the City of Temecula and subsequently approved and transferred to the Redevelopment Agency of the City of Temecula on April 9, 1991 (the "Plan"). b. The Agency proposes to purchase the property described in the "Purchase and Sale Agreement and Escrow Instructions" attached hereto as Exhibit A. and located at 28496 Pujol Street in the City of Temecula (APN 922-053-005) for redevelopment purposes consistent with the Agency authority under the Plan and the Community Redevelopment Act, Health and Safety Code Section 33000 et seq. c. The Agreement is consistent with the Plan and with the Implementation Plan adopted by the Agency. d. 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. e. This action is being undertaken pursuant to the Plan for which a full and complete Environmental Impact Report was prepared and certified prior to adoption of the Plan. Moreover the acquisition of property by itself will have no impact on the environment as it is simply the change in ownership of the property without a change in the physical condition of the property. None of the conditions described in 14 Cal. Admin. Code § 15162 are found to exist. Therefore, pursuant to the provisions of CEQA R:\powersj\acquisitionsreso. Viefhaus and, specifically, 14 Cal. Admin. Code §§ 15162 and 15180, neither a subsequent nor a supplemental Environmental Impact Report is required for the subject agreement. Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain "Purchase and Sale Agreement and Escrow Instructions" between the Redevelopment Agency of the City of Temecula, a public body corporate and politic, and Robert M. Viefhaus and Richard C. Barker, which Purchase Agreemere is dated as of September 14, 1999. The Chairperson of the Agency is hereby authorized and directed to execute the Agreemere on behalf of the Agency. PASSED, APPROVED AND ADOFrED by the Board of Directors of the Redevelopment Agency of the City of Temecula on September 14, 1999. Karel F. Lindemans, Chairperson ATTEST: Susan W. Jones, CMC Acting Agency Secretary/City Clerk [SEAL] R:\powersj\acquisitionsreso.Viefhaus STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA SS I, Susan W. Jones, Acting Secretary of the Redevelopmere Agency, do hereby certify that the foregoing Resolution No. RDA 99- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopmere Agency at a regular meeting thereof held on the 14 th day of September , 1999, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: Susan W. Jones, CMC Acting Agency Secretary/City Clerk R:\powersj\acquisitionsreso. Viefhaus EXHIBIT "A" OF ATTACHMENT NO. 2 PURCHASE AND SAI,E AGREEMENT AND ESCROW INSTRUCTIONS THIS PURCHASE AND SAI,F, AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of September 14, 1999 by and between Robert M. Viefhaus and Richard C. Barker ("Seller"), and the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Agency"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). In consideration of the premises operative provisions and the recitals set forth in this Agreement, the parties hereto agree as follows: 1. Recitals. The paxties hereto represent to each other that the following facts and purposes are true and correct: a. On May 20, 1999 the Agency delivered Seller an offer (the "Offer") to purchase the real property described in Exhibit "A" attached hereto and made a pan hereof (the "Property"). b. Following delivery of the Offer Agency and Seller negotiated terms by which the Agency would acquire the Property so as to avoid eminent domain proceedings and now desire to set forth in this Agreement the terms and conditions of the Agency's acquisition of the Property.. c. Agency intends to use the Property for public purposes allowed by law, including, but not limited to, subsequent conveyance of the Property to other govemmental entities for public purposes. 2. Purchase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Property to Agency, and Agency agrees to buy the Property from Seller, on the terms and conditions hereinafter set forth. 3. Purchase Price/Relocation Benefits. The purchase price for the Property to be paid by Agency is the sum of one hundred thirty-two thousand five hundred dollars ($132,500.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow together with Agency's share of the closing costs. Agency shall pay to Owner on the Close of Escrow the sum of twenty-two thousand five hundred dollars ($22,500.00) for relocation assistance and benefits pursuant to Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of Califomia (Section 7260, et seq.).] 4. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for the 8/30/99 RDA Pm'clmse Agrm~nt Property. Escrow Holder shall also request two copies each of all instruments idemi~ed as exceptions on said title commitmere. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Agency and Seller. Agency 's fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Ti~e Insurance in the amoum of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure Agency's fee interest in the Property free and clear of all liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): a. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and b. Those non-monetary exceptions approved by Agency within fifteen (15) business days after the date Agency receives the title commitmere and legible copies of all instruments noted as exceptions therein. If Agency unconditionally disapproves any such excep- tions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to Agency (less Agency' s share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If Agency conditionally disapproves any such exceptions, then Seller shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, Agency may, at Agency's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Agency's share of escrow cancellation charges), if any, and this Agreemere shall thereupon be of no further force or effect. At the Close of Escrow, Agency's fee title to the Property shall be free and clear of all monetary encumbrances. 5. Graut Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Agency the Property. The Grant Deed shall be in a form satisfactory to Agency and Agency's counsel and shall be accepted by Agency prior to recording. 6. Authorization to Record Documents and Disburse Funds. a. Escrow Holder is hereby authorized to record the documems and disburse the funds and documems called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: (1) Title Company can issue in favor of Agency the Policy, showing the Property vested in Agency subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary liens and encumbrances at the Close of Escrow. (2) Escrow Holder shall have received Agency's notice of approval or satisfaction or waiver of all of the comingencies to Agency 's obligations hereunder, as provided for in Section 12.; and (3) Seller shall have deposited in Escrow the Grant Deed required by Section 5. 8/30/99 RDA Purchase Agreemere 2 b. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. 7. Escrow. The parties hereby establish an escrow ("Escrow") to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Agency and Seller. Close of Escrow shall be the date upon which the Grant Dccd to Agency is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which is not later than the first business day occurring sixty (60) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever shall be solely that of Seller. 8. Escrow Charges and Prorations. Agency shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Agency shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fall to close through no fault of either party, Agency shall pay all Escrow cancellation charges. 9. License to Enter. Seller hereby grants to Agency and Agency's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Properly and an environmental site assessment thereof. Agency shall give Seller reasonable notice before going on the Property. Agency does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Agency's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Agency falls to acquire the Property due to Agency's default, this license shall terminate upon the termination of Agency's right to purchase the Property. In such event, Agency shall remove or cause to be removed all Agency's personal property, facilities, tools and equipment from the Property. 10. Warranties and Representations of Seller. Seller hereby represents and warrants to Agency the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. That (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including 8130199 RDA hrdlme Ageemeat 3 environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations To this end, it is agreed that notwithstanding the conveyance of the Property to Agency, Seller shall indemnify, protect, defend and hold harmless Agency from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to auomeys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. b. That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller shall not further encumber the Property or allow the Property or to be funher encumbered prior to the Close of Escrow. c. Neither this Agreement nor anything provided to be done hereunder including the transfer of the Property to Agency, violates or shall violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. d. There are no mechanics', materialmeWs or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Agency harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. e. There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any pan thereof, and no persons have any right of possession to the Property or any pan thereof. f. Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 11. FULL PAYMENT OF ALL OBLIGATIONS OF AGENCY. It is understood and agreed between Seller and Agency that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just 8/30/99 RDA Purdmse Agreemere - 4 - compensation for the acquisition of all property interests pertaining to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attorney' s fees, interest, expenses of litigation, expert' s fees, precondemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq. ), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Agency has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all rights by Seller herein set forth are free and voluntary. 12. Agency 's Contingencies. a. For the benefit of Agency, the Closing of Escrow and the Agency's obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or Agency' s written waiver thereof, it being agreed that Agency can waive any or all such contingencies) on or before the Close of Escrow: (1) That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. (2) The delivery of all documents pursuant to Section 5. hereof. (3) Title Company's commitment to issue in favor of Agency of a CLTA Standard Coverage Owner' s Policy of Title Insurance with liability equal to the Purchase Price showing Agency's fee interest in the Property subject only to the Permitted Title Exceptions. (4) Agency's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that Agency might perform prior to the Close of Escrow. (5) Close of Escrow occur on the date which is not later than the first business day occurring sixty (60) days after the date of this Agreement. b. In the event one or more of the contingencies occurs, the Agency shall he entitled to terminate this Agreement without being in breach or default under the Agreement, in accordance with the procedures set l~rth in Section 14 of this Agreement. Seller further agrees that in the event of the occurrence of any such contingencies and termination of this Agreement by Agency, it will suffer no damages resulting from the termination or Agency's enactment of the Resolution and that Agency shall have no liability to Seller whatsoever for such actions, except for payment of its share of escrow cancellation fees. 8/30/99 RDA ~ Agreemorn 5 13. Certification of Non-Foreign Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 14. Default. Except as otherwise provided in this Agreemere, in the evem of a breach or default under this Agreemere by either Agency or Seller, the non-defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Agency is the non-defaulting party, Agency shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting pany's rights and remedies at law or equity. 15. Notices. All notices and demands shall be given in writing by certified mall, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mall, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sere to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: Agency: Redevelopmere Agency of the City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn: Executive Director COPY TO: Richards, Watson & Gershon 333 So. Hope St., 38th FIr. Los Angeles, California 90071 Attn: Peter M. Thorson, Esq. SELLER: Robert M. Viefhaus Richard C. Barker 7777 Center Ave., Suite 470 Huntington Beach, CA 92647-3059 ESCROW HOLDER First American Title Company 3625 Fourteenth Street Riverside, CA 92502 Atm: Deborah Newton Escrow No. 16. Broker's Commissions. Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Agency shall not be liable for any such fees or claims and Seller shall indemnify Agency, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. 17. Further In~ructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 18. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Agency and Seller and deposited with Escrow Holder. 19. Miscellaneous. a. Applicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of Califomia. b. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Agency and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Agency acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein shall be valid or binding on Seller or Agency. c. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. d. Time of Essence. The paxties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. e. Remedies Not Exclusive and Waivers. No remedy conferred by any of the 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 8130199 RDA Purchase Agreemeat - 7 - any one or more remedies shall not constitute a waiver of the right to pursue other available remedies. f. Interpretation and Construction. The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. g. Seller Consultations. Seller has reviewed the terms of the sale of its property to the Agency and the effects of such sale with its legal counsel, tax consultant, and real estate advisor. Seller warrants and represents to the Agency that except tbr the terms of this Agreement and the recitals set forth herein, Seller has not relied on any statements, opinions, or other comments of the Agency, its officers, employees, attorneys, consultants or agents and has independently reviewed and verified such facts, tax consequences, and other matters as may be important to Seller in connection with this transaction. Seller acknowledges and agrees that in the event such matters turn out differently than Seller anticipates at this time, Seller shall assume all responsibility and liability for such matters and shall have no recourse against the Agency for such changes. h. Executive Director's Authority. The Executive Director is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 20. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees from the other party. 21. Assi_~-nment. Agency may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation shall not relieve Agency of any of its obligations under this Agreement. 22. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 9, 10, 11 and 16 hereof, and Agency and Seller release Escrow Holder from liability or obligation as to Section 9, 10, 11 and 16 hereof. ///// 8130199 RDA Purchase Agn~cment - 8 - 22. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 9, 10, 11 and 16 hereof, and Agency and Seller release Escrow Holder from liability or obligation as to Section 9, 10, 11 and 16 hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER Robert M. Viefhaus Richard C.B~ker REDEVELOPMENT AGENCY OF THF. CITY OF TEMECULA, a public body, corporate and politic: Karel Lindemans Chairperson ATTEST: By Susan Jones, Agency Secretary APPROVED AS TO FORM: By Peter M. Thorson Agency Attorney 8130199 RDA Parchas~ Agreemen 9 Legal Description of the Property THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, AND IS DESCRIBED AS FOLLOWS: THE NORTHWESTERLY 170 FEET OF THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED AS A RAILROAD RIGHT(S) OF WAY AND STATION GROUNDS OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N.R. VAIL, ET AL, BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT(S) 1 IN BLOCK 27 AS SHOWN BY MAP OF TEMECULA ON FILE IN BOOK 15 PAGE(S) 726, OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 2 IN BLOCK 36 AS SHOWN BY SAID MAP; THENCE NORTHWESTERLY IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10 IN BLOCK 37 AS SHOWN ON SAID MAP; THENCE NORTHEASTERLY IN A STRAIGHT LINE TO THE MOST WESTERLY CORNER OF LOT 22 IN BLOCK 25 AS SHOWN ON SAID MAP; THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO THE POINT OF BEGINNING; EXCEPT THE NORTHWESTERLY 70 FEET, ALSO EXCEPT THE NORTHEASTERLY 125 FEET AS MEASURED FROM THE SOUTHWESTERLY LINE OF RIVER STREET. ATTACHMENT NO. 3 RESOLUTION NO. RDA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVEL- OPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITI,ED "PURCHASE AND SAI,F, AGREE- MENT AND ESCROW INSTRUCTIONS" FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 28516 PUJOL STREET IN THF~ CITY OF TEMECULA THE BOARD OF DIRECTORS OF TIlE 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 Agency is currently implementing the Redevelopment Plan for Redevelopment Project No. 1--1988, originally approved by the Board of Supervisors of Riverside County on July 12, 1988 prior to incorporation of the City of Temecula and subsequently approved and transferred to the Redevelopment Agency of the City of Temecula on April 9, 1991 (the "Plan"). b. The Agency proposes to purchase the property described in the "Purchase and Sale Agreement and Escrow Instructions" attached hereto as Exhibit A. and located at 28516 Pujol Street in the City of Temecula (APN 922-053-007) for redevelopment purposes consistent with the Agency authority under the Plan and the Community Redevelopment Act, Health and Safety Code Section 33000 et seq. c. The Agreement is consistent with the Plan and with the Implementation Plan adopted by the Agency. d. 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. e. This action is being undertaken pursuant to the Plan for which a full and complete Environmental Impact Report was prepared and certified prior to adoption of the Plan. Moreover the acquisition of property by itself will have no impact on the environment as it is simply the change in ownership of the property without a change in the physical condition of the property. None of the conditions described in 14 Cal. Admin. Code § 15162 are found to exist. Therefore, pursuant to the provisions of CEQA R:\powersj\acquisitions\Irwin.reso and, specifically, 14 Cal. Admin. Code §§ 15162 and 15180, neither a subsequem nor a supplemental Environmental Impact Report is required for the subject agreement. Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain "Purchase and Sale Agreemere and Escrow Instructions" between the Redevelopment Agency of the City of Temecula, a public body corporate and politic, and Irene Landanyi, which Purchase Agreement is dated as of September 14, 1999. The Chairperson of the Agency is hereby authorized and directed to execute the Agreemere on behalf of the Agency. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevelopmere Agency of the City of Temecula on September 14, 1999. Karel F. Lindemans, Chairperson ATTEST: Susan W. Jones, CMC Acting Agency Secretary/City Clerk [SEAL] R:\powersj\acquisitions\Irwin.reso STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA SS I, Susan W. Jones, Acting Secretary of the Redevelopmere Agency, do hereby certify that the foregoing Resolution No. RDA 99- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopmerit Agency at a regular meeting thereof held on the 14 th day of September , 1999, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: Susan W. Jones, CMC Acting Agency Secretary/City Clerk R:\powersj\acquisitions\Irwin.reso EXHIBIT "A" OF ATTACHMENT NO. 3 PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS THIS PURCHASE AND SALF. AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of September 14, 1999 by and between Leslie Irwin ("Seller"), and the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Agency"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). In consideration of the premises operative provisions and the recitals set forth in this Agreement, the parties hereto agree as follows: 1. Recitals. The paxties hereto represent to each other that the following facts and purposes are true and correct: a. On May 20, 1999 the Agency delivered Seller an offer (the "Offer") to purchase the real property described in Exhibit "A" attached hereto and made a pan hereof (the "Property"). b. Following delivery of the Offer Agency and Seller negotiated terms by which the Agency would acquire the Property so as to avoid eminent domain proceedings and now desire to set forth in this Agreement the terms and conditions of the Agency 's acquisition of the Property.. c. Agency intends to use the Property for public purposes allowed by law, including, but not limited to, subsequent conveyance of the Property to other governmental entities for public purposes. 2. Purchase and Sale. On the Close of Escrow (as heroin defined), Seller agrees to sell the Property to Agency, and Agency agrees to buy the Property from Seller, on the terms and conditions hereinafter set forth. 3. Purchase Price/Relocation Benefits. The purchase price for the Property to be paid by Agency is the sum of one hundred forty thousand dollars ($140,000.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow together with Agency's share of the closing costs. Agency shall pay to Owner on the Close of Escrow the sum of twenty-two thousand five hundred dollars ($22,500.00) for relocation assistance and benefits pursuant to Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.).] 4. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for the Property. Escrow Holder shall also request two copies each of all instruments identified as 8/30/99 RDA Purchase Agreement exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Agency and Seller. Agency's fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure Agency's fee interest in the Property free and clear of all liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): a. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and b. Those non-monetary exceptions approved by Agency within fifteen (15) business days after the date Agency receives the title commitment and legible copies of all instruments noted as exceptions therein. If Agency unconditionally disapproves any such excep- tions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to Agency (less Agency's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If Agency conditionally disapproves any such exceptions, then Seller shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, Agency may, at Agency's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Agency's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, Agency's fee title to the Property shall be free and clear of all monetary encumbrances. 5. Gram Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Agency the Property. The Grant Deed shall be in a form satisfactory to Agency and Agency's counsel and shall be accepted by Agency prior to recording. 6. Authorization to Record Documents and Disburse Funds. a. 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: (1) Title Company can issue in favor of Agency the Policy, showing the Property vested in Agency subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary liens and encumbrances at the Close of Escrow. (2) Escrow Holder shall have received Agency's notice of approval or satisfaction or waiver of all of the contingencies to Agency 's obligations hereunder, as provided for in Section 12.; and (3) Seller shall have deposited in Escrow the Grant Deed required by Section 5. R: \powcrsj \acquisitions\PSA. Irwin 2 b. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. 7. Escrow. The parties hereby establish an escrow ("Escrow") to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Agency and Seller. Close of Escrow shall be the date upon which the Grant Deed to Agency is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which is not later than the first business day occurring sixty (60) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever shall be solely that of Seller. 8. Escrow Cha_rges and Prorations. Agency shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Agency shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, Agency shall pay all Escrow cancellation charges. 9. License to Enter. Seller hereby grants to Agency and Agency's authorized agents, contractors, consultants, assigns, attomeys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and an environmental site assessment thereof. Agency shall give Seller reasonable notice before going on the Property. Agency does hereby indenmify and forever save Seller, Seller' s heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Agency's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Agency fails to acquire the Property due to Agency's default, this license shall terminate upon the termination of Agency's right to purchase the Property. In such event, Agency shall remove or cause to be removed all Agency's personal property, facilities, tools and equipment from the Property. 10. Warranties and Representations of Seller. Seller hereby represents and warrants to Agency the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. That (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including R: \powersj\acquisitionsXPSA. Irwin -3- environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations To this end, it is agreed that notwithstanding the conveyance of the Property to Agency, Seller shall indemnify, protect, defend and hold harmless Agency from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to auorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. b. That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller shall not further encumber the Property or allow the Property or to be funher encumbered prior to the Close of Escrow. c. Neither this Agreement nor anything provided to be done hereunder including the transfer of the Property to Agency, violates or shall violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. d. There are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Agency harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. e. There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any pan thereof, and no persons have any right of possession to the Property or any pan thereof. f. Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 11. FULL PAYMENT OF ALL OBLIGATIONS OF AGENCY. It is understood and agreed between Seller and Agency that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just R: \powersj \acquisitionsXPSA. I twin -4- compensation for the acquisition of all property interests pertaining to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attorney' s fees, interest, expenses of litigation, expert' s f~es, precondemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Unifurm Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Agency has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all fights by Seller herein set forth are free and voluntary. 12. Agency's Contingencies. a. For the benefit of Agency, the Closing of Escrow and the Agency's obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or Agency's written waiver thereof, it being agreed that Agency can waive any or all such contingencies) on or before the Close of Escrow: (1) That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. (2) The delivery of all documents pursuant to Section 5. hereof. (3) Title Company's commitment to issue in favor of Agency of a CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing Agency's fee interest in the Property subject only to the Permitted Title Exceptions. (4) Agency's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that Agency might perform prior to the Close of Escrow. (5) Close of Escrow occur on the date which is not later than the first business day occurring sixty (60) days after the date of this Agreement. b. In the event one or more of the contingencies occurs, the Agency shall be entitled to terminate this Agreement without being in breach or default under the Agreement, in accordance with the procedures set fbrth in Section 14 of this Agreement. Seller further agrees that in the event of the occurrence of any such contingencies and termination of this Agreement by Agency, it will suffer no damages resulting from the termination or Agency's enactment of the Resolution and that Agency shall have no liability to Seller whatsoever for such actions, except for payment of its share of escrow cancellation fees. R: \powersjXacquisi~ons\PSA. Irwin 5 13. Certification of Non-Foreign Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Stares in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 14. Default. Except as otherwise provided in this Agreement, in the event of a breach or default under this Agreement by either Agency or Seller, the non-defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreemere and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the det~tulting party and to Escrow Holder, and if Agency is the non-defaulting party, Agency shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 15. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: Agency: Redevelopmere Agency of the City of Temecula 43200 Business Park Drive Temecula, Califomia 92590 Attn: Executive Director COPY TO: Richards, Watson & Gershon 333 So. Hope St., 38th FIr. Los Angeles, California 90071 Attn: Peter M. Thorson, Esq. SELLER: Leslie Irwin 28516 Pujol Street Temecula, California 92590 ESCROW HOLDER First American Title Company 3625 Fourteenth Street Riverside, CA 92502 Attn: Deborah Newton Escrow No. R:\powersjXacquisitionsXPSA .Irwin -6- 16. Broker's Commissions. Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Agency shall not be liable for any such fees or claims and Seller shall indemnify Agency, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. 17. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 18. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Agency and Seller and deposited with Escrow Holder. 19. Miscellaneous. a. Applicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. b. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Agency and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Agency acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein shall be valid or binding on Seller or Agency. c. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. d. Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. R:\pow~rsj\ac, quisitions\PSA.Irwin -7- e. 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. f. Interpretation and Construction. The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, parmership, firm, trust, or association wherever the context so requires. The captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. g. Seller Consultations. Seller has reviewed the terms of the sale of its property to the Agency and the effects of such sale with its legal counsel, tax consultant, and real estate advisor. Seller warrants and represents to the Agency that except for the terms of this Agreement and the recitals set forth herein, Seller has not relied on any statements, opinions, or other comments of the Agency, its officers, employees, attorneys, consultants or agents and has independently reviewed and verified such facts, tax consequences, and other matters as may be important to Seller in connection with this transaction. Seller acknowledges and agrees that in the event such matters turn out differently than Seller anticipates at this time, Seller shall assume all responsibility and liability for such matters and shall have no recourse against the Agency for such changes. h. Executive Director's Authority. The Executive Director is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 20. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees from the other party. 21. Assignment. Agency may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation shall not relieve Agency of any of its obligations under this Agreement. R:\powersj\ac, q~istsions~PSA.Irwin - 8 - 22. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 9, 10, 11 and 16 hereof, and Agency and Seller release Escrow Holder from liability or obligation as to Section 9, 10, 11 and 16 hereof. IN WITNESS WItEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER Leslie Irwin REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic: Karel Lindemans Chairperson ATTEST: By Susan Jones, Agency Secretary APPROVED AS TO FORM: By Peter M. Thorson Agency Attorney R:\powenj\acquimiomXPSA.Irwin - 9 - EXHIBIT "A" Legal Description of the Property THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 255 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED AS A RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHINSON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL, ET AL, BY DEED RECORDED JUNE 11, 1940, IN BOOK 464, PAGE 505 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27, AS SHOWN BY MAP OF TEMECULA RECORDED IN BOOK 15, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA: THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36 AS SHOWN BY SAID MAP: THENCE NORTHWESTERLY IN A STRAIGHT LINE TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP: THENCE NORTHEASTERLY ON A STRAIGHT LINE TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25, AS SHOWN BY SAID MAP: THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS INCLUDED IN RIVER AND PUJOL STREETS, AS SHOWN BY SAID MAP. ATTACHMENT NO. 4 RESOLUTION NO. RDA 99- A RESOLIYFION OF THE BOARD OF DIRECTORS OF ~ REDEVEL- OPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITI,ED "PURCHASE AND SAI,E AGREE- MENT AND ESCROW INSTRUCTIONS" FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED IN THE 28500 BLOCK OF PUJOL STREET (APN 922-053-008) IN THE CITY OF TEMECULA THE BOARD OF DIRECTORS OF ~ REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HF, REBY 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 Agency is currently implementing the Redevelopment Plan for Redevelopment Project No. 1--1988, originally approved by the Board of Supervisors of Riverside County on July 12, 1988 prior to incorporation of the City of Temecula and subsequently approved and transferred to the Redevelopment Agency of the City of Temecula on April 9, 1991 (the "Plan"). b. The Agency proposes to purchase the property described in the "Purchase and Sale Agreement and Escrow Instructions" attached hereto as Exhibit A. and located generally in the 28500 block of Pujol Street (APN 922-0053-008) in the City of Temecula for redevelopment purposes consistent with the Agency authority under the Plan and the Community Redevelopment Act, Health and Safety Code Section 33000 et seq. c. The Agreement is consistent with the Plan and with the Implementation Plan adopted by the Agency. d. 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. e. This action is being undertaken pursuant to the Plan for which a full and complete Environmental Impact Report was prepared and certified prior to adoption of the Plan. Moreover the acquisition of property by itself will have no impact on the environment as it is simply the change in ownership of the property without a change in the physical condition of the property. None of the conditions described in 14 Cat. Admin. Code § 15162 are found to exist. Therefore, pursuant to the provisions of CEQA R:\powersj\acquisitions\reso. Otto and, specifically, 14 Cal. Admin. Code §§ 15162 and 15180, neither a subsequem nor a supplemental Environmental Impact Report is required for the subject agreemere. Section 2. The Board of Directors of the Redevelopmere Agency of the City of Temecula hereby approves that certain "Purchase and Sale Agreement and Escrow Instructions" between the Redevelopment Agency of the City of Temecula, a public body corporate and politic, and Leslie Irwin, which Purchase Agreement is dated as of September 14, 1999. The Chairperson of the Agency are hereby authorized and directed to execute the Agreement on behalf of the Agency. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevelopment Agency of the City of Temecula on September 14, 1999. Karel F. Lindemans, Chairperson ATTEST: Susan W. Jones, CMC Acting Agency Secretary/City Clerk [SEAL] R:kpowersj\acquisitions\reso. Otto STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA SS I, Susan W. Jones, Acting Secretary of the Redevelopment Agency, do hereby certify that the foregoing Resolution No. RDA 99- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency at a regular meeting thereof held on the 14 th day of AYES: NOES: ABSENT: ABSTAIN: September , 1999, by the following vote: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Susan W. Jones, CMC Acting Agency Secretary/City Clerk R:\powersj\acquisitions\reso. Otto EXHIBIT "A" OF ATTACHMENT NO. 4 PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS THIS PURCHASE AND SAI,F, AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of September 14, 1999 by and between The Otto Family Trust ("Seller"), and the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Agency"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). In consideration of the premises operative provisions and the recitals set forth in this Agreement, the parties hereto agree as follows: 1. Recitals. The parties hereto represent to each other that the following facts and purposes are true and correct: a. On May 25, 1999 the Agency delivered Seller an offer (the "Offer") to purchase the real property described in Exhibit "A" attached hereto and made a part hereof (the "Property"). b. Following delivery of the Offer Agency and Seller negotiated terms by which the Agency would acquire the Property so as to avoid eminent domain proceedings and now desire to set forth in this Agreement the terms and conditions of the Agency's acquisition of the Property.. c. Agency intends to use the Property for public purposes allowed by law, including, but not limited to, subsequent conveyance of the Property to other govemmental entities for public purposes. 2. Purchase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Property to Agency, and Agency agrees to buy the Property from Seller, on the terms and conditions hereinafter set forth. 3. Purchase Price. The purchase price for the Property to be paid by Agency is the sum of eighty thousand dollars ($) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow together with Agency' s share of the closing costs. 4. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for the Property. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Agency and Seller. Agency's fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner' s Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of title insurance provided 8130199 RDA Purchase Agreement for pursuant to this Section shall insure Agency's fee interest in the Property free and clear of all liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): a. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and b. Those non-monetary exceptions approved by Agency within fifteen (15) business days after the date Agency receives the title commitment and legible copies of all instruments noted as exceptions therein. If Agency unconditionally disapproves any such excep- tions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to Agency (less Agency's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If Agency conditionally disapproves any such exceptions, then Seller shall use Seller' s best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, Agency may, at Agency's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Agency's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, Agency's fee title to the Property shall be free and clear of all monetary encumbrances. 5. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Agency the Property. The Grant Deed shall be in a form satisfactory to Agency and Agency's counsel and shall be accepted by Agency prior to recording. 6. Authorization to Record Documents and Disburse Funds. a. 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: (1) Title Company can issue in favor of Agency the Policy, showing the Property vested in Agency subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary liens and encumbrances at the Close of Escrow. (2) Escrow Holder shall have received Agency's notice of approval or satisfaction or waiver of all of the contingencies to Agency's obligations hereunder, as provided for in Section 12.; and (3) Seller shall have deposited in Escrow the Grant Deed required by Section 5. b. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. 8/30/99 RDA Pure_.hase Agreement - 2 - 7. Escrow. The parties hereby establish an escrow ("Escrow") to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Agency and Seller. Close of Escrow shall be the date upon which the Grant Deed to Agency is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which is not later than the first business day occurring sixty (60) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever shall be solely that of Seller. 8. Escrow Charges and Prorations. Agency shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Agency shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, Agency shall pay all Escrow cancellation charges. 9. License to Enter. Seller hereby grants to Agency and Agency's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and an environmental site assessment thereof. Agency shall give Seller reasonable notice before going on the Property. Agency does hereby indemnify and forever save Seller, Seller' s heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Agency's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Agency fails to acquire the Property due to Agency's default, this license shall terminate upon the termination of Agency's right to purchase the Property. In such event, Agency shall remove or cause to be removed all Agency's personal property, facilities, tools and equipment from the Property. 10. Warranties and Representations of Seller. Seller hereby represents and warrants to Agency the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. That (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations To 8/30/99 RDA Purchase Agreement 3 this end, it is agreed that notwithstanding the conveyance of the Property to Agency, Seller shall indemnify, protect, defend and hold harmless Agency from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. b. That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachmerits by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller shall not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. c. Neither this Agreement nor anything provided to be done hereunder including the transfer of the Property to Agency, violates or shall violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. d. There are no mechanics', materialmeWs or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Agency harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. e. There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any pan thereof. f. Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 11. FULL PAYMENT OF ALL OBLIGATIONS OF AGENCY. It is understood and agreed between Seller and Agency that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all property interests pertaining to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attorney' s 8/30t99 RDA Pin'chase Agreement - 4 - fees, interest, expenses of litigation, expert' s fees, precondemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminem Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Agency has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all fights by Seller herein set forth are free and voluntary. 12. Agency 's Contingencies. a. For the benefit of Agency, the Closing of Escrow and the Agency' s obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or Agency's written waiver thereof, it being agreed that Agency can waive any or all such contingencies) on or before the Close of Escrow: (1) That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all tree and correct. (2) The delivery of all documents pursuant to Section 5. hereof. (3) Title Company's commitment to issue in favor of Agency of a CLTA Standard Coverage Owner' s Policy of Title Insurance with liability equal to the Purchase Price showing Agency's fee interest in the Property subject only to the Permitted Title Exceptions. (4) Agency's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that Agency might perform prior to the Close of Escrow. (5) Close of Escrow occur on the date which is not later than the first business day occurring sixty (60) days after the date of this Agreement. b. In the event one or more of the contingencies occurs, the Agency shall be entitled to terminate this Agreement without being in breach or default under the Agreement, in accordance with the procedures set forth in Section 14 of this Agreement. Seller further agrees that in the event of the occurrence of any such contingencies and termination of this Agreement by Agency, it will suffer no damages resulting from the termination or Agency's enactment of the Resolution and that Agency shall have no liability to Seller whatsoever for such actions, except for payment of its share of escrow cancellation fees. 13. Certification of Non-Foreign Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a similar notice 8130199 RDA hrchae Agreemere 5 pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 14. Default. Except as otherwise provided in this Agreement, in the event of a breach or default under this Agreement by either Agency or Seller, the non-defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Agency is the non-defaulting party, Agency shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party 's rights and remedies at law or equity. 15. Notices. All notices and demands shall be given in writing by certified mall, postage prepaid, and remm receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mall, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: Agency: Redevelopment Agency of the City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn: Executive Director COPY TO: Richards, Watson & Gershon 333 So. Hope St., 38th FIr. Los Angeles, Calitbmia 90071 Atm: Peter M. Thorson, Esq. SELLER: Otto Family Trust Judith Jones 29633 Carmel Road Sun City, California 92586 ESCROW HOLDER First American Title Company 3625 Fourteenth Street Riverside, CA 92502 Atm: Deborah Newton Escrow No. 8/30199 RDA Purchase Agrcemo~t - 6 - 16. Broker's Commitions. Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Agency shall not be liable for any such fees or claims and Seller shall indemnify Agency, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. 17. Further ln~ructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 18. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Agency and Seller and deposited with Escrow Holder. 19. Miscellaneous. a. Applicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. b. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Agency and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Agency acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein shall be valid or binding on Seller or Agency. c. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. d. Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company' s general Escrow instructions. e. Remedies Not Exclusive and Waivers. No remedy conferred by any of the 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 fight to pursue other available remedies. 8/30/99 RDA Purchase Agreement - 7 - f. Interpretation and Construction. The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, parmership, firm, trust, or association wherever the context so requires. The captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. g. Seller Consultations. Seller has reviewed the terms of the sale of its property to the Agency and the effects of such sale with its legal counsel, tax consultant, and real estate advisor. Seller warrants and represents to the Agency that except tbr the terms of this Agreement and the recitals set forth herein, Seller has not relied on any statements, opinions, or other comments of the Agency, its officers, employees, attorneys, consultants or agents and has independently reviewed and verified such facts, tax consequences, and other matters as may be important to Seller in connection with this transaction. Seller acknowledges and agrees that in the event such matters turn out differently than Seller anticipates at this time, Seller shall assume all responsibility and liability for such matters and shall have no recourse against the Agency for such changes. h. Executive Director's Authority. The Executive Director is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 20. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees from the other party. 21. Assignment. Agency may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation shall not relieve Agency of any of its obligations under this Agreement. 22. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 9, 10, 11 and 16 hereof, and Agency and Seller release Escrow Holder from liability or obligation as to Section 9, 10, 11 and 16 hereof. 8/30/99 RDA Purchase Agreemere - 8 - IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER Judith Ann Jones, Co-trustee Richard M. Brunelle, Co-trustee REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic: Karel Lindemans Chairperson ATTEST: By Susan Jones, Agency Secretary APPROVED AS TO FORM: By Peter M. Thorson Agency Attorney 8130199 RDA Purchase Agreeme~ 9 Legal Description of the Property THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 340 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED AS A RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHINSON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N.R. VAIL, ET AL, BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27, AS SHOWN BY MAP OF TEMECULA RECORDED IN BOOK 15 PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN BY MAP: THENCE NORTHWESTERLY IN A STRAIGHT LINE TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN ON SAID MAP, THENCE NORTHEASTERLY IN A STRAIGHT LINE TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 ON SAID MAP; THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS INCLUDED IN RIVER AND PUJOL STREETS AS SHOWN ON SAID MAP. ITEM 3 APPROVALT~~ CITY ATTORNEY FINANCE DIREC CITY MANAGER TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members Genie Roberts, Director of Finance )~' September 14, 1999 Financial Statements for the Fiscal Year Ended June 30, 1999 PREPARED BY: William B. Pattison, Senior t RECOMMENDATION: That the Agency Members receive and file the Financial Statements for the Fiscal Year Ended June 30, 1999. DISCUSSION: The attached financial statements reflect the unaudited activity of the Redevelopment Agency for the Fiscal Year Ended June 30, 1999, Please see the attached financial statements for the analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of June 30, 1999 Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 1999 TEMECULA REDEVELOPMENT AGENCY Combining Balance Sheet as of June 30, 1999 and the Statement of Revenues, Expenditures and Changes in Fund Balance For The Fiscal Year Ended June 30, 1999 (Unaudited) Prepared by the Finance Department Temecula Redevelopment Agency Combining Balance Sheet As of June 30, 1999 Assets: Cash and investments Receivables Land held for resale Total assets Low/IVIod Fund $ 4,794,270 1,588,600 6,382,870 CIP Fund $ 727,054 428,047 2,103,053 Debt Service $ 4,521,225 546,064 Total $ 10,042,549 2,562,711 2,103,053 $ 3,258,154 $ 5,067,289 $ 14,708,313 Liabilities and fund balances: Liabilities: Other current liabilities Deferred revenue Total liabilities Fund balances: Reserved Designated Total fund balances Total liabilities and fund balances $ 37,797 647,510 685,307 5,697,563 5,697,563 $ 6,382,870 $ 680,082 157,059 837,141 2,680,305 $ (259,292) 2,421,013 $ 3,258,154 $ 1,448,920 3,618,369 5,067,289 5,067,289 $ 717,879 804,569 1,522,448 9,826,788 3,359,077 13,185,865 $ 14,708,313 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 Fiscal Year Ended June 30, 1999 Revenues: Property tax increment Investment interest Rental income Miscellaneous Proceeds from Mission Village project TotalRevenues Alulua] Amended YTD Budget Activity 1,137,500 $ 1,139,902 150,000 164,139 15,900 8,823 32,700 47,213 1,670,294 1,336,100 3,030,371 Encumbr. Total Activity $ 1,139,902 164,139 8,823 47,213 1,670,294 3,030,371 Percent of Budget 100% 109% 55% 144% 227% 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 187,270 177,680 296,470 226,241 589,000 183,720 201,045 152,603 2,300,000 348,229 435,000 130,000 12,900 12,820 17,280 595 177,680 243,521 183,720 153,198 348,229 130,000 12,820 Total Expenditures 4,021,685 1,231,293 17,875 1,249,168 Revenues Over/(Under) Expenditures (2,685,585) 1,799,078 3,898,485 3,898,485 1,212,900 $ 5,697,563 Beginning Fund Balance, July 1, 1998 Ending Fund Balance, March 31, 1999 $ 95% 82% 31% (1) 76% 15% 30% 99% 31% (1) The variance in Homebuyer programs is primarily due to no expenditures being incurred 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 Fiscal Year Ended June 30, 1999 Annual Amended YTD Budget Activity Revenues: Investment interest $ 240,000 $ 196,664 Rental income 71,000 123,006 Loan interest 20,000 24,010 Miscellaneous 47,502 Operating transfers in 625,000 625,000 Total Revenues 956,000 1,016, 182 Encumbr. Capital Projects: (1) Winchester Road interchange First Street bridge Old Town building facades Front Street widening Old Town streetscape Old Town parking Operating transfers out Operations and Maintenance: Salaries and wages Operating and administrative expenditures City admin charges 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 Balmice, June 30, 1999 67,890 11,319 93,296 538 117,875 69,456 265,000 152,044 5,139,522 4,925,143 875,000 206,255 2,085,500 1,472,717 95,280 85,957 109,371 149,819 25,000 25,000 73,201 42,151 53,000 48,728 274,000 268,903 162,000 152,000 13,000 13,406 9,448,935 7,623,436 (8,492,935) (6,607,254) 9,028,267 9,028,267 535,332 $ 2,421,013 Total ActiviW 196,664 123,006 24,010 47,502 625,000 1,016,182 Percent of Budget 82% 173% 120% 100% 106% 34,685 46,004 68% 74,946 75,484 81% 31,486 100,942 86% 1,172 153,216 58% 198,790 5,123,933 100% 206,255 24% 1,472,717 71% 85,957 90% 1,049 150,868 138% (2) 25,000 100% 16,230 58,381 80% 48,728 92% 268,903 98% 1,854 153,854 95% 13,406 103% 360,212 7,983,648 84% (1) The variances in CIP project expenditures and operating transfers out are due to the timing of when the various projects are started. (2) Includes the write-off of the $61,740 remaining balance of the Blind Pig small business loan. City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes m Fund Balm~ce - Budget and Actual Redevelopment Agency - Debt Service For the Fiscal Year Ended June 30, 1999 Revenues: Property tax increment Investment interest Advances from other funds Deferred passthrough Total Revenues Annual Amended YII) Budget Activity $ 4,550,100 4,559,604 150,000 $ 244,935 75,750 75,749 707,400 707,436 5,483,250 5,587,724 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, June 30, 1999 3,357,100 3,360,917 655,000 655,000 879,670 869,669 7,500 6,086 625,000 625,000 5,524,270 5,516,672 (41,020) 71,052 4,996,237 4,996,237 4,955,217 $ 5,067,289 Percent of Budget 100% 163%(1) 100% 100% 102% 100% 100% 99% 81% 100% 100% (1) The variance is primarily due to a greater than anticipated cash balance. ITEM 4 EN APPROVAL G . COUNSEL DIRECTOR OF FINAN EXECUTIVE DIR. CITY OFTEMECULA TEMECULA REDEVELOPMENTAGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: William G. Hughes, Director of Public Works/City Engineer DATE: September 14, 1999 SUBJECT: Approve the Manufacturing and Purchase of Freeway Signage for Old Town Front Street on 1-15, Project No. PW99-08 PREPARED BY: Amer Attar, Senior Engineer RECOMMENDATION: That the Redevelopment Agency Board: Approve the manufacturing and purchase of freeway guide sign panels for use on 1-15 to Safeway Sign Company of Adelanto, California, in the amount of $35,305.75 (including sales tax). Authorize the City Manager to approve change orders, not to exceed a contingency amount of $3,194.25, which is equal to the balance of the appropriated funds and 9% of the purchase amount. Approve an appropriation of $30,000.00 from Redevelopment Agency Unreserved Fund Balance to the project account. BACKGROUND: At the December 15, 1998 Public Hearing, the City Council adopted Resolution 98-126 changing the name of "Front Street" from State Route 79 South to Rancho California Road to "Old Town Front Street". Subsequently, the City Council directed staff to work with Caltrans to change a number of existing freeway signs and add new signs on 1-15. The change would incorporate the name "Old Town Front Street" on all new signs. City staff requested Caltrans' approval of the desired changes. After numerous meetings and discussions, Caltrans and the City mutually agreed on the proposed changes. Exhibit "2" attached describes all new sign installations and modifications. The attached location map, Exhibit "3", indicates where each sign will be installed. On July 23, 1999, Caltrans issued an encroachment permit allowing the City to do the work within their right-of-way. Staff utilized the informal bid process to request proposals for manufacturing and installing the signs. A request for proposal was sent to five (5) different companies. The City did not receive any proposals. In order to have the work done, staff separated manufacturing of the signs from installation. Caltrans provided staff with a list of three (3) sign manufacturing companies approved and utilized by Caltrans. Staff solicited proposals from these three (3) companies. Two (2) companies submitted proposals as follows: 1 RAAGDRPT\99\0914\PW99-08SIGNS.doc Company Proposal Amount (excluding sales tax) Safeway Sign Company Maneri Sign Company Zumar Industries $32,766.36 $38,946.25 did not submit Safeway Sign Company submitted the lowest proposal to manufacture the signs which, including sales tax, totals $35,305.75. Staff is looking into options to have the signs installed. If a contractor is to be utilized for the installation, the City would need a separate contract for installation as soon as the signs are manufactured and delivered. A copy of the bid summary is available for review in the City Engineer's office. FISCAL IMPACT: The Freeway Signage for Old Town Front Street project is a Capital Improvement Project funded by Redevelopment Agency funds. Funds are available for manufacturing and purchase of the signs in Account No. 280-199-829-5804. An additional appropriation of $30,000 is necessary from the Redevelopment Agency Unreserved Funds Balance for this project for administration and construction installation costs. ATTACHMENTS: 1. CIP Project Description 2. Description of signs to be installed 3. Location Map for proposed signs 4. Proposals submitted R:~AGDRPT~99\0914\PW99-08SIGNS.doc PROJECT NO. PW99-08 MANUFACTURING AND DELIVERY OF FREEWAY GUIDE SIGN PANELS AND FORMED SIGN OVERLAY FOR USE ON 1-15 IN THE CITY OF TEMECULA DESCRIPTION, SIGN CONTENT AND QUANTITIES EXISTING SIGN PANEL REPLACEMENT ON EXISTING FRAMES AND STRUCTURES SIGN NO. SIGN CONTENT AND DIMENSIONS (VERT. X HORIZ.) SIGN QUANTITY LETTER SIZES LOCATION (SQUARE FOOT) & SPACING Rancho Calif. Rd. Existing Sign Size Letter sizes: Old Town Front St. 90" x 20' Southbound, on the Capital - 13.3" 150 Lower Case - 10" EXIT 11/4 MILES (as field measured) Winchester Bridge Spacing: 10" SOUTH Indio Existing Sign Size Letter sizes: ~ ~ 110" x 19' Northbound, one mile Capital - 13.Y' (Old NP-6) Old Town Front St. (as field measured) south of the SR 79 South 174.17 Lower Case - 10" EXIT 1 MILE off-ramp Spacing: 10" PROPOSED NEW FREEWAY ROADSIDE SIGNS (NS) (ON TWO LAMINATED WOOD BOX POSTS, PER CALTRANS STANDARD PLANS (JULY, 1997 EDITION) RS1, RS2, AND RS3) SIGN NO. SIGN CONTENT AND DIMENSIONS (VERT. X HORIZ.) Proposed Sign Size Old Town Front St. 30" x 19' NEXT RIGHT Proposed Sign Size Old Town Front St. 30" x 19' NEXT RIGHT SIGN LOCATION Southbound, between Winchester and Rancho California off-ramps ~ 1/2 Mile before Rancho California off- ramp) Southbound, between the Rancho California and the SR 79 South off- ramps (just north of the Santiago overcrossing) QUANTITY LETTER SIZES (SQUARE FOOT) & SPACING Letter sizes*: Capital - 13.Y' 47.5 Lower Case - 10" Spacing: 10" Letter sizes*: Capital - 13.3" 47.5 Lower Case - 10" Spacing: 10" "NEXT RIGHT" letters shall be 10" Capital 8/24/99 Page 1 of 2 PROJECT NO. PW99-08 MANUFACTURING AND DELIVERY OF FREEWAY GUIDE SIGN PANELS AND FORMED SIGN OVERLAY FOR USE ON 1-15 IN THE CITY OF TEMECULA DESCRIPTION, SIGN CONTENT AND QUANTITIES FORMED SIGN OVERLAY PANELS (ALLOW INSTALLATION OVER BUTTON SYMBOL) (ACTUAL SIGN SIZE IS 100" X 23', SEE ATTACHED PLANS) SIGN NO. SIGN OVERLAY CONTENT* * G A) "Rancho Calif. Rd." I - over Rancho California ( B) "Old Town Front St." Over Road Rancho Calif. Rd. I load Town Front St. I A) "Rancho Calif. Rd." I I Rancho Calif. Rd. 1 over Rancbo California l[e]~ll z* .',,i :: a"t~ I[ "O d ?own From St." / over Road SIGN QUANTIFY LOCATION (SQUARE FOOT) Noahbound, south of the Rancho California 37 off-ramo Northbound, south of the Rancho California 37 off-ramp Noahbound, at Rancho 37 California off-ramp Noahbound, at Rancho California off-ramp 37 LETTER SIZES & SPACING Letter sizes: Capital - 16" Lower Case - 12" Spacing: 10" Letter sizes: Capital - 16" Lower Case - 12" Spacing: 10" ** Overlay panels shall be 20" high and 22' wide ROADSmE SIGN (AT OFF-RAMP TERMINI) (ON TWO WOOD POSTS, PER CALTRANS STANDARD PLANS, JULY 1997 EDITION, RS1, RS2, AND RS3) SIGN SIGN QUANTITY NO. SIGN CONTENT AND DIMENSIONS LOCATION (SQUARE FOOT) LETTER SIZES & SPACING Old Town Front St. I 2 1/2' Cryp.) Southbound, at Rancho ~ California off-ramp 19' Cryp.) Tennini Old Town ~ront St. [ Southbound, at SR 79 47.5 " off-ramp Termini Old To~wn Front St. California off-ramp 47.5 Termini - off-ramp Termini 47.5 Letter sizes: Capital - 13.3" Lower Case = 10" Spacing: 10" 8/24/99 Page 2 of 2 C) wJ PROJECT NO. PW99-08 MANUFACTURING AND DELIVERY OF FREEWAY GUIDE SIGN PANELS AND FORMED SIGN OVERLAY PANELS FOR USE ON 1-15 IN THE CITY OF TEMECULA SCHEDULE OF PRICES 1TE~I ESTIMATED UNIT DESCRIPTION UNIT TOTAL NO. QUANTITY PRICE Manufacture and Deliver Freeway Roadside SQUARE 1 Sign Panels, Posts and Hardware for Use 285 FOOT $75.16 $21,420.60 Adjacent to the 1-15 and at Ramps Termini 2 Manufacture and Deliver Freeway Sign 325 Panels SQUARE FOOT $27.00 $ 8,775.00 Manufacture and Deliver Formed Sign 3 Overlay Panels (formed to allow installation over existing button syrnbols) SQUARE 148 FOOT $17.37 $ 2,570.76 $32,766.36 TOT:~L PROPOS:LL LN FIGURES Thirty two thousand seven hundred sixty six dollars and thirty six cents. TOTALPROPOSAL~ WORDS Safeway Sign Company 9875 Yucca Road Adelanto, CA 92301 CO~.~NY: (800) 637-7233 Mark Joh~on DATE: 8/12/99 NOTES: 1. Item 1 includes twelve (12) each 200mm x (8" x 8" x 18') laminated wood posts and 2. Laminated wood posts have a lead time of up to _ 3. Item 2 includes type A-1 mounting hardware. 4. Item 3 includes rivets for panel installation. 5. Sales tax not included. 6. FOB destination. 200mm x 5.49m mounting hardware. 4 months. 7. Net 30 days. PROJECT NO. PW99-08 MANUFACTURING AND DELIVERY OF FREEWAY GUIDE SIGN PANELS AND FORMED SIGN OVERLAY PANELS FOR USE ON 1-15 IN THE CITY OF TEMECULA SCHEDULE OF PRICES ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL NO. QUANTITY PRICE Manufacture and Deliver Freeway Roadside I Sign Panels, Posts and Hardware for Use 285 Adjacent to the 1-15 and at Ramps Termini 2 Manufacture and Deliver Freeway Sign 325 Panels Manufacture and Deliver Formed Sign 3 Overlay Panels (formed to allow installation 148 over existing button symbols) SQUARE FOOT SQUARE FOOT SQUARE FOOT ¢ HAJ~mAr'~ TOTAL PROPOSAL IN WORDS Sign. inc. TRAFFIC SIGNS TRAFfiC CONTROL RELATED ITEMS INDUSTRIAL SIGNS 1928 W. 135TH · GARDENA, CA 90249-2452 1.800-447-SIGN 310-327-6261 FAX 310-327-9841 ITEM 22 CITY OF TEMECULA AGENDA REPORT APPROVAL CITY ATTORNEY DIRECTOR OF FINANCI- CITY MANAGER TO: FROM: DATE: SUBJECT: City ManagedCity Council >~,--. Gary Thornhill, Deputy City Manager September 14, 1999 Development Code Amendment (Planning Application PA99-0197) PREPARED BY: David Hogan, Senior Planner RECOM M ENDATION: 1. Approve the Negative Declaration for Planning Application PA99-0197. 2. Read by title only and introduce an ordinance entitled: ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE SEVERAL CHAPTERS OF TITLE 17 TO RE-CATEGORIZE TEMPORARY USES, AMEND YARD AND SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONES, CLARIFY FLOOR AREA RATIO BONUS PROVISIONS, AND MAKE NUMEROUS MINOR MODIFICATIONS TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION PA99-0197) BACKGROUND: Staff periodically brings back development code amendments and clarifications to the Planning Commission and City Council when the need for possible changes has been identified. These proposed Development Code amendments represent a compilation of a number of minor changes into a single staff report and ordinance. The Planning Commission considered these changes at their August 18, 1999 meeting. At that meeting, the Commission decided to not approve the Development Code clarifications relating to the regulation of Large Family Day Care Home Facilities. The Commission stated that they intend to reconsider the issue of regulating Large Family Day Care Home Facility regulations at a later date. Consequently, those provisions have been removed from the draft Ordinance and the Agenda Report. A copy of the Planning Commission Resolution, Staff Report, and Minutes are contained in Attachments 2, 3 and 4, respectively. \\TEMEC_FS101\VOL1~Depts~PLANNING~STAFFRPT~197PA99 GC.doc ANALYSIS: The proposed ordinance would amend the Development Code to address the following: The re-categodzation of temporary uses into major and minor categories; A clarification of residential lot sizes and accessory structure setback requirements; Refine and update the senior and affordable housing provisions; Cleanup the Commercial/Industrial Floor Area Ration Incentive provisions; and Other minor clean up and typographic corrections, Re-Classify Temporary Uses After several years of processing applications for Temporary Use Permits, staff has determined that not all applications need the same level of review. Consequently, staff is proposing that temporary uses be divided into two categories, major and minor. The permits for the major temporary uses would continue the process of multi-department review that they have always received. Staff intends to use this amendment to create a situation where applications for minor temporary uses would receive either a shortened review, or an over-the-counter approval. The list of temporary uses shown in the draft ordinance is the same list of uses that is contained in the current code. The list has just been divided into two categories. These changes are contained in Section 1 of the Ordinance in Attachment No. 1. Clarify Table 17.06.040 and Accessory Use Setbacks The residential zoning chapter in the Code has a number of provisions that have caused confusion in recent years. The provisions that are being recommended for modification include the minimum lot sizes and accessory structure setbacks. These corrections are contained in Section 2 of the Ordinance in Attachment No. 1. Update the Senior and Affordable Housing Provisions As the City's Affordable Housing Program begins to take on more diverse projects, staff has identified a need to provide additional detail and to ensure that the City Development Code complies with State Law. In the past, staff and members of the community have often had difficulty determining the applicable requirements for each type of housing. The proposed amendment further subdivides Section 17.06.050. H into a subsection on senior housing and congregate care and another on affordable housing. Other changes mimic the provisions of state law in terms of the density bonus incentives and the development standard concessions. These corrections are contained in Sections 3 and 4 of the Ordinance in Attachment No. 1. Floor Area Ration Provisions and the Other Minor Clean-up Items Section 5 contains numerous clarifications, minor modifications, and typographic corrections that staff has identified. The only potentially substantial issue is a minor clarification to the Commercial Floor Area Ratio Incentive provisions. The proposed changes further clarify the approval process and attempt to better define when and how the incentive can be approved. ENVIRONMENTAL DETERMINATION Staff prepared an Initial Environmental Study for the proposed Development Code amendments. The analysis indicated that the project would have not impact on the environment. As a result, staff is recommending that a Negative Declaration be approved. \\TEMEC_FS101 \VOL1 \Depts\P LANNING\STAFFRPT\I 97PA99 (2C.doc FISCAL IMPACT: There are no fiscal impacts associated with this proposal. ATTACHMENT: 2. 3. 4. 5. Draft Ordinance Planning Commission Resolution Planning Commission Minutes Planning Commission Staff Report Initial Environmental Study \\TEMEC_FS101\VOL1\Depts\PLANNING\STAFFRPT\197PA99 ~3C.doc ATTACHMENT NO. 1 DRAFT ORDINANCE \\TEMEC_FS101 \VOL1 ~Depts\PLANNING\STAFFRPT\197PA99 G~C.doc ATTACHMENT NO. 1 ORDINANCE 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE SEVERAL CHAPTERS OF TITLE 17 TO RE-CATEGORIZE TEMPORARY USES, AMEND YARD AND SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONES, CLARIFY FLOOR AREA RATIO BONUS PROVISIONS, AND MAKE NUMEROUS MINOR MODIFICATIONS TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION PA99-0197) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 17.04.020.B of the Temecula Municipal Code is hereby amended to read as follows: Permitted Uses. Temporary uses are divided into two general categories, minor and major. Major temporary uses have a potential to create health and safety problems, can occur on undeveloped property, could create traffic problems, and/or could potentially disrupt community life. Minor temporary uses occur on developed pdvate property, generally commercial, for very short time periods. These temporary uses produce little noise, and have no impacts to adjacent properties or to traffic and public safety. Major Temporary Uses. The following major temporary uses may be permitted, subject to the issuance of a temporary use permit. Real estate offices and model homes within approved development projects. On- and off-site contractors' construction yards in conjunction with an approved active development project. Trailers, coaches or mobile homes as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to one hundred eighty days, or upon expiration of the building permit, whichever first OCCURS. Christmas tree sales lots, however, a permit shall not be required when such sale is in conjunction with an established commercial business holding a valid business license, provided such activity shall be only held from November I st through December 31 st. Fairs, festivals and concerts, when not held designed to accommodate such events, such stadiums, or other public assembly facilities. within premises as auditoriums, f. Pumpkin sales lots. g. Seasonal sale of agricultural products. \\TEMEC_FS101 \VOL1 ~Depts~PLANNING\STAFFRPT\197PA99 5C.doc Outdoor temporary swap meets or auctions, limited to two events per calendar year, not exceeding four consecutive days. Minor Temporary Uses. The following minor temporary uses may be permitted, subject to the issuance of a temporary use permit. Outdoor display and sales of merchandise within commercial land use districts, limited to two events per calendar year, not exceeding four consecutive days, including only merchandise customarily sold on the premises by a permanently established business. Public health and safety activities including emergency clinics and temporary inoculation centers. c. Sidewalk sale and vendor stands (non-mobile). d. Flower sales (non-mobile). e. Special lighting exhibits including spotlights. Veterinary clinics on developed sites that are not in conjunction with a veterinary facility (i.e., pet store, groomer). For temporary uses that are not listed in Subsections B.1 and B.2, the director of planning may, at his/her sole discretion, determine whether an unlisted temporary use should be classified as major or minor. This determination shall be based upon the similarities and differences with the above listed uses and an assessment of the proposed temporary use's compatibility with the zoning district and surrounding land uses." SECTION 2. The following changes are hereby made to Chapter 17.06. A. Section 17.06.050.D.3 is hereby amended to read as follows: "Separation. Accessory structures shall maintain a minimum separation of at least three feet from .all other structures unless attached to the main structure. Except that storage and utility structures that are larger than 120 square feet shall not be located within six feet of another structure. Eaves or roof overhangs may not extend more than I foot into this six foot area from either direction." B. Add the following lines to Table 17.06.050D: Accessory Structure Detached Second Unit 3 Detached Granny Flat s Front Setback Rear Setback Side Setback Not permitted in Refer to the rear Refer to the side the actual front yard setbacks in yard setbacks in yard. Table 17.06.040 Table 17.06.040 Not permitted in Refer to the rear Refer to the side the actual front yard setbacks in yard setbacks in yard. Table 17.06.040 Table 17.06.040 \\TEMEC_FS101\VOL1 \Depts\PLANNtNG\STAFFRPT\197PA99 eC.doc C. In Table 17.06.050.D, add a footnote 2 to the Storage/Utility enclosure accessory structure line description, and add the following text to the end of the table. "2. Accessory structures with walls must be separated from other accessory and primary structures by at least six feet." D. To the end of Table 17.06.050D, add a Footnote 3 that reads as follows: "Second units and granny flats that are attached to the main structure shall comply with the setback and yard requirements contained in Table 17.06.040." E. Amend Paragraph 17.06.050.M.3 to read as follows: "An attached second unit on a residential lot shall have a floor area between four hundred and one thousand two hundred square feet." SECTION 3. Section 17.06.050. H is hereby amended to read as follows: Senior Housing/Congregate Care Facilities/Affordable Housing. Senior housing, congregate care facilities, and affordable housing projects are permitted in the zoning districts identified below subject to the approval of a development plan. Affordable senior housing projects shall comply with the affordable housing provisions contained in Subsection 17.06.050.H.3. Senior housing shall comply with all the provisions of the Development Code unless modified by the following provisions: a. The maximum densities for senior housing projects are as follows: In the H residential zoning district, the maximum density shall be thirty (30) units per acre. ii. In the M residential zoning district, the maximum density shall be twenty (20) units per acre. iii. In the LM residential zoning district the maximum density shall be eight (8) units per acre. iv. In all approved Specific Plans, the maximum density shall not exceed 50% of the target density in the planning area. The net livable area for each dwelling unit shall not be less than four hundred (400) square feet for an efficiency unit, five hundred fifty (550) square feet for a one-bedroom unit, and seven hundred (700) square feet for a two-bedroom unit. Kitchenettes may be permitted, provided they are sized to meet the immediate needs of the occupants of the unit. Congregate care projects shall comply with all the provisions of the Development Code unless modified by the following provisions: The maximum densities for congregate care facilities are not limited specifically to density requirements so long as all the site development standards are met (i.e. required setbacks, parking, landscaping, open space, etc.) \\TEMEC_FS101 \VOL1 \Depts\P LANNING\STAFFRPT\197PA99 (~C.doc The handicapped units shall comply with the standards set forth in Title 24 of the California Code of Regulations. Affordable housing and affordable senior housing projects are entitled to receive various incentives provided the project meets the requirements of Section 65915 of the California Government Code. Affordable housing projects will receive at least one incentive from Subsection 17.06.050.H.3.a and at least one concession from Subsection 17.06.050.H.3.b. The project incentives and concessions are as follows: Density Incentives. Affordable housing projects are entitled to receive an increase in the allowable density of at least 25% over the density target in each residential zoning district. The maximum densities for affordable housing projects are as follows: In the H residential zoning district, the maximum density shall be thirty (30) units per acre. ii. In the M residential zoning district, the maximum density shall be eighteen (18) units per acre. iii. In the LM residential zoning district, the maximum density shall be eight (8) units per acre. iv. In all approved Specific Plans, the maximum density bonus shall not exceed 50% of the target density in the planning area. Development Standard Concessions. Any of the following development standard concessions may be granted by the approval authority for the project, unless a finding is made that these concessions are not necessary to provide the affordable housing units being proposed: i. An increase in the amount of required lot coverage; ii. A modification to the setback or required yard provisions; iii. An increase in the maximum allowable building height; iv. A reduction in the amount of required on-site parking; A reduction in the amount of onsite landscaping, except that no reduction in on-site recreational amenities may not be approved unless the affordable housing is in a close and easily accessible proximity to a public park with recreational amenities; vi. A reduction in the minimum lot area; or, vii. Approval of an affordable housing project in the Professional Office zone with the approval of a conditional use permit. \\TEMEC_FS101 \VOL1 ~)epts\PLANNING\STAFFRPT\197PA99 eC.doc The provisions of this Subsection also applies to all approved specific plans within the City of Temecula unless the specific plan contains specific standards for the type of housing being considered." SECTION 4. The following provisions related to senior and congregate care housing are also amend as described below: A. Amend Footnote I of Table 17.06.040 to read as follows: "Affordable housing and congregate care facilities may exceed the stated densities pursuant to the provisions of Section 17.06.050. H ." B. In Table 17.08.030, add a notation for Footnote 5 to the "Congregate cam housing for the elderly" and "Senior citizen housing" uses in the Description of Use category and add a Footnote 5 that reads as follows: "In the CC, SC, HT and PO Zones, all senior housing residential projects shall use the development and performance standards for the High Density Residential zone and the provisions contained in Section 17.06.050. H. In the NC Zone, all senior housing residential projects shall use the development and performance standards for the Medium Density Residential zone and the provisions contained in Section 17.06.050.H." C. To Table 17.08.030, add the following line: Description of Use ~ NC Affordable housing e ~ _ PO ~BP ]LI ~ CC HT SC ~C - - D. Add Footnote 6 to the end of Table 17.08.030: "6. Subject the provisions contained in Subsection 17.06.050. H." SECTION 5. The following provisions of the Temecula Municipal Code are also amended as follows: follows: The first three lines of Table 17.06.040 are hereby amended to read as Residential I I ] Development Standards HR VL L-1 L-2 LM M H LOT AREA Minimum net lot area - 7,200 7,200 7,200 (square feet) Minimum gross lot area 10 2.5 I Y=- - - - (acres) Maximum number of - - 12 20 1 dwelling units per acre B. In Table 17.08.030, delete the phrase "less than 5,000 sq. ft." from "Governmental offices" description of use. \\TEMEC_FS 101 \VOL1 ~Depts\PLANNING\STAFFRPT\197PA99 eC.doc C. Section 17.08.050.A is hereby amended to read as follows: l'A · Commercial/Office/Industrial Incentives - Increases in the Floor Area Ratio. As a part of the process of reviewing and approving an application for a development plan or conditional use permit, the approval authority may consider an increase in the maximum allowable intensity as indicated in Tables 17.08.040.A and B. The amount of the increased intensity shall not exceed the maximum of the density range or floor area ratio stated for the specific land use designation. The requested increase may not be approved if the city engineer determines that the increased intensity would create an unmitigatable impact upon traffic circulation or would overburden any utilities serving the area. To be eligible for an increase in the floor area ratio, the applicant must meet at least one of the following criteria. The project includes use(s) which provide outstanding and exceptional benefits to the city with respect to the employment, fiscal, social and economic needs of the community. Examples include: the provision of affordable housing that is easily accessible to and within close proximity to convenient shopping and employment, accessibility to mass transit facilities, and creative mixtures of land uses, housing types and densities. The project provides exceptional architectural and landscape design amen,ties which reflect an attractive image and character for the city. Examples include: extraordinary architectural design and landscaped entry features (may be within the public right-of-way), public trail systems, public plazas or gathering spaces, and recreational features in excess of what is required by this code. o The project provides enhanced public facilities that are needed by the city, beyond those required mitigation impact measures. Examples include: the provision of community meeting centers, enhanced transportation improvements, police or fire stations, public recreation facilities, and common parking areas or structures to serve the community." D. Section 17.24.040.G is hereby amended to read as follows: "Facilities with over twenty-five vehicle parking spaces shall provide a minimum of one motorcycle parking space, plus one space for each additional twenty five required parking spaces. After the initial one hundred (100) parking spaces, one additional motorcycle parking space for each additional one hundred required spaces shall also be provided." E. In Table 17.03.010, Conditional Use Permits - new building, less than 10,000 sq. ft or greater, delete the words "less than". F. In Section 17.08.050.P.6, change the word "creams" to "creates". G. In Section 17.16.070, incorporate the following specific plan references adopted by Ordinance 98-13:"SP-9 Redhawk Specific Plan (Previous reference: SP #217)" and "SP-10 Vail Ranch Specific Plan (Previous reference: SP #223)." \\TEMEC_FS101\VOLl%Depts\PLANNING\STAFFRPT\197PA99 e3D.doc H. In Section 17.22.040, the second sentence is hereby amended to read as follows: "When an application for a planned development overlay district is filed, the concurrent preparation and approval of a development plan may be required by the director of planning to ensure that all appropriate site development details and compatibility issues are addressed." In the first sentence of 17.24,020.E, change the word "my" to "any". J. In Section 17.24.050.A, after the words "within enclosed garages shall" insert the words "have an interior dimension of at least". K. In the title and first sentence of Section 17.24.050.1, change the words "From" to "Front" and "from" to "front". Modify the building size column in Table 17.24.060 to read as follows: "10,000 or less 10,001 to 20,000 20,001 to 50,000 50,001 or greater" "17.28.060". In Section 17.28.040.Q, correct the code citation from "17.12.060" to SECTION 6. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 7. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. SECTION 8. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and circulated in said City. SECTION 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. \\TEMEC_FS101 \VOL1 \Depts\PLANNI NG',STAFFRPT\197PA99 CIC.doc PASSED, APPROVED AND ADOPTED this 14th day of September, 1999. ATTEST: Steven J Ford, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 99- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of September, 1999 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the ~th day of ,1999, by the following vote: AYES: 0 COUNCILMEMBERS: None NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susan W. Jones, CMC/AAE City Clerk \\TEMEC_FS101 \VOL1 \Depts\P LANNING\STAFFRPT\197PA99 C;D.doc ATTACHMENT NO. 2 PLANNING COMMISSION RESOLUTION \\TEMEC_FS 101 \VOL1 \Depts\P LANNING\STAFFRPT\197PA99 CEC.doc ATTACHMENT NO. I PC RESOLUTION NO. 99-_. A RESOLUTION OF THE PLANNING COMMISSION FOR THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE SEVERAL CHAPTERS OF TITLE 17 TO RE-CATEGORIZE TEMPORARY USES, AMEND YARD AND SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONES, CLARIFY FLOOR AREA RATIO BONUS PROVISIONS, AND MAKE NUMEROUS MINOR MODIFICATIONS TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION PA99-0197)" WHEREAS, On November 9, 1993, the City Council of the City of Temecula adopted the General Plan; and WHEREAS, On January 25, 1995, the City Council of the City of Temecula adopted the City's Development Code; and WHEREAS, the City has identified a need to amend the adopted Development Code; and WHEREAS, notice of the proposed Ordinance was posted at City Hall, County Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce; and, WHEREAS, a public headng was conducted on July 21, 1999, at which time interested persons had an opportunity to testify either in support or opposition. NOW, THEREFORE, THE PLANNING COMMISSION FOR THE CITY OF TEMECULA DOES HEREBY RECOMMENDS THAT THE COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE SEVERAL CHAPTERS OF TITLE 17 TO RE-CATEGORIZE TEMPORARY USES, AMEND YARD AND SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONES, CLARIFY FLOOR AREA RATIO BONUS PROVISIONS, AND MAKE NUMEROUS MINOR MODIFICATIONS TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION PA99-O197)" THAT IS SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT A. R:\STAFFRPT\197PA99 PC.doc 4 PASSED, APPROVED, AND ADOPTED this 18th day of August, 1999. Ron Guerdero, Chairperson I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 18th day of August, 1999 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R :~STAFFRPT~197PA99 PC .doc ATTACHMENT NO. 3 AUGUST 18, 1999 STAFF REPORT \\TEMEC_FS101 \VOLI ',Depts\PLANNING\STAFFRPT\197PA99 e~.doc STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August 18, 1999 Planning Application No. PA99-0197 Prepared By: Dave Hogan, Senior Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends the Planning Commission: ADOPT the Negative Declaration for Planning Application No. PA99-0197; and, ADOPT Resolution No. 99- recommending approval of an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE SEVERAL CHAPTERS OF TITLE 17 TO ESTABLISH DETAILED STANDARDS FOR LARGE FAMILY DAY CARE HOME FACILITIES, RE-CATEGORIZE TEMPORARY USES, AMEND YARD AND SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONES, CLARIFY FLOOR AREA RATIO BONUS PROVISIONS, AND MAKE NUMEROUS MINOR MODIFICATIONS TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION PA99-0197). BACKGROUND Staff periodically brings back development code amendments and clarifications to the Planning Commission and City Council when the need for possible changes has been identified. These proposed Development Code amendments represent a compilation of a number of identified changes into a single staff report and ordinance. The proposed ordinance would amend several areas of the Development Code to address the following: The processing and approval of small and large family day care home facilities; The categorization of temporary uses; The clarification of residential lot sizes and accessory structure setback requirements; The enhancement and updating of senior and affordable housing provisions; and Other minor clean up and typographic corrections. ANALYSIS Lame Family Day Care Facilities The City has recently received a number of inquiries for large family day care home facilities. According to State Law, large day care homes can provide care for up to 14 children. After R:\STAFFRPT~197PA99 PC.doc 1 reviewing the current code provisions, a number of corrections were proposed. The proposed Development Code amendments would (1) differentiate between small and large family day care home facilities, (2) provide a detail process about how the large facilities would .be reviewed and approved (in accordance with State Law); and (3) will clarify who has the authority to approve the application. These corrections are contained in Sections 1, 2 and 3 of the ordinance in Attachment No. 2. Re-Classify Temporary Uses After several years of processing applications for Temporary Use Permits, staff has determined that not all applications need the same level of review. Consequently, staff is proposing that temporary uses be divided into two categories, major and minor. The permits for the major temporary uses would continue to be processed much as they have been. The permits for minor temporary uses would normally be approved either over-the-counter or, at most, a few days after the application had been submitted. The list of temporary uses that is shown in the draft ordinance is the same list of uses that is shown in the current code. These corrections are contained in Section 4 of the ordinance in Attachment No. 2. Clarify Table 17.06.040 and Accessory Use Setbacks The residential zoning chapter in the Code has a number of provisions that seem to cause confusion. As a result, staff has identified the following clarifications and modifications to the Residential Development Standards table and the setback provisions for accessory structures and second units. These corrections are contained in Section 5 of the ordinance in Attachment No. 2. Update the Senior and Affordable Housinq Provisions As the City's Affordable Housing Program begins to take on more diverse projects, staff has identified a need to provide additional detail and to ensure that the City Development Code complies with State Law. The proposed amendment further subdivides Section 17.06.050.H into a subsection on senior housing and congregate care and another on affordable housing. Though both areas relate to the need to provide appropriate housing to members of the community who often have difficulty finding appropriate housing, the specific requirements that apply to each are very different. The amendment also further mimics the provisions of state law in terms of the density bonus incentives and the development standard concessions. These differences necessitated the need to further clarify this section of the Development Code. T. hese corrections are contained in Sections 6 and 7 of the ordinance in Attachment No. 2. Other Minor Clean-up Items Section 8 contains numerous clarifications, minor modifications, and typographic corrections that staff has identified. The only issue of note is the cleanup of the provisions for commercial floor area ratio incentives. The proposed changes further clarify the approval process and attempt to better define when the incentive can be approved. ENVIRONMENTAL DETERMINATION Staff prepared an Initial Environmental Study for the proposed Development Code amendments. The analysis indicated that the project would have not impact on the environment. As a result, staff is recommending that a Negative Declaration be approved. R:\STAFFRP'R197PA99 PC.doc Attachments: PC Resolution No. 99- - Blue Page 4 Proposed Ordinance - Blue Page 7 Initial Study - Blue Page 8 R:\STAFFRPT~197PA99 PC.doc ATTACHMENT NO. 4 PLANNING COMMISSION MINUTES \\TEMEC_FS101 \VOL1 \Depts\PLANNING\STAFFR PT\197PA99 C~,doc PlanComm/minutes/081899 ~'~~A~ RESOLUTION NO. PC 99-028 A RESOLUTION OF THE PLANNING COMMISSION OF E CITY OF TEMECULA APPROVING PLANNIN~ ICATION NO. PA98-0516 (TENTATIVE MAP 29132), LOCATED ON THE SOU' CC STATE HIGHWAY 79 AND )A DE MISSIONS, KNOWN AS PARCEL NO. 950-120-04 Modify- The language of Co~ applicable. to include the wording if Add- Th, Condition of Approval //~g record by Assistant Planner Anders. (See the e 5 of the minutes.) ' C missioner Webster seconded the motion and voice vote reflected staff, and mad into wording on IOUS Amendments to the Development Code (PlanninQ ADDlication No. PA97- 0197) Request to amend the Development Code to do the following: m Establish standards for Large Family Day care Home Facilities; Establish permitting requirements for the approval of Large Family Day Care Home Facilities; Re-categorizing temporary uses; Amend accessory structure setback requirements; Modify the senior housing, congregate care, and affordable housing provisions; Clarify parts of the floor area ratio incentive bonus; and, Make numerous other minor changes to the Development Code. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission approve a resolution recommending adoption of an ordinance. Reviewing the proposed amendments in detail, Senior Planner Hogan presented the staff report (via agenda material); for Commissioner Fahey, provided additional clarification with respect to page 6, Section 2.b. regarding congregate care projects; for Commissioner Webster, provided additional information regarding the cdteda for increases in Floor Area Ratio (FAR), specifically with respect to page 8, Section 3; for Commissioner Mathewson, relayed clarification regarding the language denoted on page I~l~ PlanComnVminutes/081899 7, Section b; and for Commissioners Mathewson and Naggar, relayed that the Updated Housing Element would address Low Income Housing parameters which would be brought before the Commission potentially at the end of September. Dudng the ensuing Commission discussion, the following revisions were presented: Chairman Guerriero relayed that Item Nos. I and 2 of the proposals for amendment would be pulled, and therefore would not be considered with respect to this Agenda Item. Regarding the unintentional omission on page 6, Section 1.a., after the phrase The maximum density, Senior Planner Hogan indicated that the text should reflect the same density incentives as denoted under senior housing. Commissioner Fahey recommended that the language on page 6, Section 2.b. be modified, deleting the phrase distributed equally throughout the project in order to solely reflect The handicapped units shall comply with the standards set forth in Title 24 of the California Code of Regulation. Deputy Director of Public Works Parks advised that staff concurred with Commissioner Webster's recommendation (regarding the example denoted on page 8, Section 3) to delete the phrase off-site signalization due to the lack of need for provision of such specificity. Commissioner Mathewson indicated that on page 6, Section 3.a.ii. the numbers eighteen (20) should be corrected to reflect consistency. Mr. Larry Markham, 41750 Winchester Road, recommended modifying page 8, Table 17.06.040 with respect to Sections HR, VL, and L-1 regarding the standard designation to reflect minimum gross lot area in lieu of minimum net lot area. Deputy Director of Public Works Parks advised that staff concurred with the modification, and would additionally, include L-2. With respect to Commissioner Mathewson's comments, and the Commission's concurrence, Senior Planner Hogan relayed that on page 6, Section 3.1.iii. L-1 and L-2 would be deleted, and the number of units per acre would reflect eight (8) in lieu of the indicated twelve (12.) For Commissioner Naggar, Attomey Cudey provided the definition of Affordable Housing, which referenced the Health and Safety Code, and relayed that due to the Commission's request he would provide additional specifications at a future point in time. Deputy Director of Public Works Parks relayed that the Department of Redevelopment may be able to provide the low-income housing parameters to the Commission. For Commissioner Fahey, Planning Manager Ubnoske recommended that the Commission move forward with Section Nos. 3-7 with respect to the proposals to amend the Development Code, and then have staff bd~g back at a future point in time with the proposed amendments to Section Nos. 1 and 2. ¢~1, PlanComrNminutes/081899 O~'~ In response to Commissioner Mathewson's querying with respect to the lack of specified limits regarding Temporary Use Permits, Planning Manager Ubnoske provided additional clarification as to the process that staff utilizes when issuing Temporary Use Permits. For Mr. Anthony Maielta, 29747 Calle Palmas, Planning Manager Ubnoske provided clarification with respect to the vadance between Medium and Low Medium Densities. Chairman Guerdero closed the public hearing. MOTION: Commissioner Mathewson moved to approve the proposed amendments to the Development Code with respect to Section Nos. 3-7, as modified in the previous discussions (* all moved modifications are referenced in the minutes in detail, and denoted as bulleted items on page 9.) RESOLUTION NO. 99-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE SEVERAL CHAPTERS OF TITLE 17 TO ESTABLISH DETAILED STANDARDS FOR LARGE FAMILY DAY CARE HOME FACILITIES, RE-CATEGORIZE TEMPORARY USES, AMEND YARD AND SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONES, CLARIFY FLOOR AREA RATIO BONUS PROVISIONS, AND MAKE NUMEROUS MINOR MODIFICATIONS TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION PA99-0197)" The motion was seconded by Commissioner Fahey and voice vote reflected unanimous approval. 10 ATTACHMENT NO. 5 INITIAL ENVIRONMENTAL STUDY \\TEMEC_FS101 \VOL1 ~Depts\PLANNING\STAFFRPT\197PA99 Gl~.doc City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Development Code Amendment (PA99-0197) Lead Agency Name and Address Contact Person and Phone Number Project Location City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 David Hogan, Senior Planner (909) 694-6400 Citywide Project Sponsors Name and Address City of Temecula General Plan Designation Not applicable Zoning Not applicable Description of Project A comprehensive amendment to the Development Code to do the following: 1. The processing and approval of small and large family day care home facilities; 2. The further categodzation of temporary uses to facilitate permit streamlining; 3. The clarification of residential lot sizes and accessory structure setback requirements; 4. The enhancement and updating of senior and affordable housing provisions; 5. The modification of the commercial floor area ratio increase incentive; and 6. Other minor dean up and typographic corrections. Surrounding Land Uses and Setting Not applicable Other public agencies whose approval is required None. R:\CEQA\197PA99 IES ,doc 1 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use Planning Population and Housing Geologic Problems Water Air Quality Transportation/Circulation Biological Resources Energy and Mineral Resources Hazards Noise Public Services Utilities and Service Systems Aesthetics Cultural Resources Recreation Mandatory Findings of Significance None Determination (To be completed by the lead agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1 ) has been adequately analyzed in an eadier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the eadier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an eadier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that eadier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Printed name For R:\CEQA\197PA99 IES.doc 2 1. Land Use and Planning. Would the project: · Issues and $uppodjnfi Information Sources a. Physically divide an established community?. b. Conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigation an environmental effect?. c. Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially · Polenlially Significant Unless Less Than Signif'taunt Mitigation Significant Impad Incorporated Impacl ,/ 2. POPULATION AND HOUSING. Would the project: Issues and Suppoding InfoeTnation Sources a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Potentially Significant Unless t. ess Than Significant Mitigation Significant Impact Incorporated Impact No Impact 3. GEOLOGY AND SOILS. Would the project? Issues and Suppoding InfoeTnalion Sources a. Expose people or structures to potential substantial adverse effects, including the dsk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Pdolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?. Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b. Result in substantial soil erosion or the loss of topsoil? Potentially Potenlially Significant Unless Less Than Significant Mltigalion Significant Impacl Incofporaled Impact No ,/ ,/ V' ,/ R:\CEQA\197PA99 IES .doc 3 Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, laterel spreading, subsidence, liquefaction or collapse? Be located on expansive soil, as defined in Table 1801-B of the Uniform Building Code (1994), creating substantial dsks to life or property?. Have soil incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?. 4. HYDROLOGY AND WATER QUALITY. Would the project: a, f, h, · Issues and Suppoding !dotmarion Sources Violate any water quality standards or waste discharge requirements? Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a Iowedng of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or dyer, in a manner which would result in substantial erosion or siltation on- or off-site? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or dyer, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff?. Otherwise substantially degrade water quality? Place housing within a l O0-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Place within a lO0-year flood hazard area structures which would impede or redirect flood flows? Expose people or structures to a significant dsk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Inundation by seiche, tsunami, or mudflow?. Potenlially Signi~canl Impact Potentially ;$ignilicanl Unlesa Mitigation lncorporaled Less Than Signirmaot ~mpact No R:\CEQA\197PA99 IES.doc 4 a, AIR QUALITY. Where available, the significance criteria established by the applicable quality management or air pollution control district may be relied upon to make the following determinations. Would the project: lesuer, end Suppoding Information Source~ Conflict with or obstruct implementation of the applicable air quality plan? Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Result in a cumulatively considerable net increase of any criteda pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors? Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors affecting a substantial number of people? Polenlially Polenlially Significant Unless Leel Then Significard Mitigalioft Signr~c, anl Impact Irtcorporated Impact Impact 6. TRANSPORTATION/TRAFFIC. Would the project: C, Issues and Suppoffing lri3~nalion Source Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections? Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety dsks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Result in inadequate emergency access? Result in inadequate parking capacity?. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks? Polenlially Polenlially Significant Unless L_~-~__ Than Significant Mitigalion Signilk:ant Impact Incorporated Impad R:\CEQA\197PA99 IES .doc 5 7. BIOLOGICAL RESOURCES: Would the project: ae b, d, · bn.,..d sup~ee.; bem=tb,, Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on any dpadan habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the Califomia Department of Fish and Game or US Fish and Wildlife Service? Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vemal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Poleflljally Polenlially Significant Unlem Lem~ Than Significant Mitigation Signillcanl Impact 1ff3orparated Irapad · Impact 8. MINERAL RESOURCES. Would the project: be kstm~ and 8ulppodbg Infe'melion Sources Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Polentially Polentially Significant Unless Leas Than Significant Mitigation Signrant Impact Irtcorporated Impact R:\CEQA\197PA99 IES.doC 6 9. HAZARDS AND HAZARDOUS MATERIALS. Would the project: b, e, ge Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? Crate a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Govemment Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? For a project within the vicinity of a pdvate airstrip, would the project result in a safety hazard for people residing or working in the project area? Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Expose people or structures to a significant dsk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Pntentially SignfficaN Impad Significant Unlee~ Mitigation Incorporated signmeaN Impact ,/ ,/ 10. NOISE. Would the project result in: bt __k~_,__,~_ 'a~d Supporting ~rmmio. SourCes Exposure of people to severe noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Signirmant Impad Polentially Significanl Unless Mitigation Incorporated Le~ Than Signif. ant Impact Impact ,f R:\C EQA\197PA99 IES .doc 7 e, fe A substantial temporary or pedodic increase in ambient noise levels in the project vicinity above levels existing without the project?. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a pdvate airstrip, would the project expose people residing or working in the project area to excessive noise levels? 11. PUBLIC SERVICES: Would the proposal have an effect upon, or result in a need for new or altered Government services in any of the following areas: Issues and Supporting Information Sources Would the project result in substantial adverse physical impacts associates with the provisions of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services? Fire protection? Police protection? Schools? Parks? Other public facilities? Potentially Potentially Significant Unless Less__ Than Signi~canl Mitigation Signrant Impoct b'"~corpomled Impact 12. UTILITIES AND SERVICE SYSTEMS: Would the project: C, · Issues end Suppoffing In{otmalion Sources Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Potentially Potentially Significant Unless Less Than Significant Mitigation SignifP,,anl Impad Incorporated Impad Impacl R:\CEQA\197PA99 IES.dOC 8 e, Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Comply with federal, state, and local statutes and regulations related to solid waste? 13. AESTHETICS. Would the project: Issues end Supporting Information Sources Have a substantial adverse effect on a scenic vista? Substantially damage scenic resources, including, but not limited to, trees, rock outcropping, and histodc building within a state scenic highway?. Substantially degrade the existing visual character or quality of the site and its surroundings? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Polentially Significant Impact Polenlially Significant Unless Mitigation Incorporated Less Than Significant Impact No 14. CULTURAL RESOURCES. Would the project: Issues and Supporting Information Soume. Cause a substantial adverse change in the significance of a historical resource as defined in Section 1506.5? Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 1506.57 Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Disturb any human remains, including those interred outside of formal cemeteries? Pctentially Significam Impact Polentially Significant Unleil Mitjgalion Less Than Signifmant Impact ,/ 15. RECREATION. Would the project: Issues end Suppoding Infonnation Sources Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Signifr, ant Impact No Impact R:\CEQA\197PA99 IES .doc 9 16. MANDATORY FINDINGS OF SIGNIFICANCE. Pole~tially Polentially ,Signir~,ant Unle~ Le~ Than Significant Mitigate SignIN Impad Incorporated Impad bsues and Suppoding Inleenmtion Sources Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife spedes, cause a fish or wildlife population to drop below serf-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restdct the range of a rare or endangered plant or animal or eliminate important examples of the major pedods of California history or prehistory?. b. Does the project have impacts that are individually ,/ limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects? c. Does the project have environmental effects which will ,/ cause substantial adverse effects on human beings, either directly or indirectly? Impad Comments: The proposed amendment to the Development Code that proposes to amend a number of relatively minor provisions concerning in-home day care facilities, temporary land uses permits, lot size and required yard requirements, and senior and affordable housing performance standards. The modification of these provisions will not impact or noticeably effect any of the previously described environmental resources. The proposed changes continue to be consistent with the general impacts and discussed in the adopted General Plan and Final EIR. As a result, no adverse impacts have been identified and no mitigation measures are necessary. R:\CEQA\197PA99 IES .doc 10 ITEM 23 CITY OF TEMECULA AGENDA REPORT TO: FRO M: DATE: SUBJECT: City Manager/City Council Gary Thomhill, Deputy City Manager,F~--;~'' September 14, 1999 General Plan Land Use Amendment #3 (Planning Application PA99-0291 ) PREPARED BY: David Hogan, Senior Planner RECOMMENDATION: 1. Approve the Negative Declaration for Planning Application PA99-0291. 2. Approve a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP FOR VARIOUS AREAS THROUGHOUT THE CITY KNOWN AS ASSESSOR'S PARCEL NOS. 921-660-026, 921- 660-027, 921-660-041, AND 921-660-042 (PLANNING APPLICATION NO. PA99-0291) 3. Read by title only and introduce an ordinance entitled: ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FOR THE AREAS KNOWN AS ASSESSOR'S PARCEL NOS. 921-660-026, 921-660-027, 921-660-041, 921- 660-042, AND 950-120-004 (PLANNING APPLICATION NO. PA99-0291 ) BACKGROUND: Staff has recently identified a number of needed adjustments that should be made to the General Plan Land Use and Zoning Maps. These city-initiated changes have been grouped together to simplify the headng process before the Planning Commission and City Council. Though bundled together for processing, each of the changes may be discussed and considered separately if the Council deems it appropriate. F:~epts~PLANNING~STAFFRP'I'~291 PA99 CCI.doc 1 These General Plan Land Use and Zoning Maps changes were considered by the Planning Commission on August 18, 1999. Site 2 was not recommended for approval by the Planning Commission and is not being presented to the Council for their consideration. Only General Plan Amendment/Zone Change Sites 1 and 3 are being proposed at this time. The proposed changes are as follows: Site 1: South side of Via La Vida General Plan: 6 +/- acres Medium Density Residential to Low Medium Density Zoning: 6 +/- acres Medium Density Residential to Low Medium Density This area consists of approximately six acres of vacant property that is surrounded by single family residences. The homes to the west and north are smaller homes on 4,000 square foot lots. The homes to the east and south are larger homes on 8,000 to 14,000 square foot lots. The proposal would change the General Plan and Zoning designations to allow approximately 28 single-family homes to be constructed on 7,200 +/- square foot lots. The proposed change would facilitate development that would create a transition between the smaller and larger homes. Site 2: Rancho Hi.clhlands Drive This proposed General Plan Amendment and clarification of the Rancho Highlands Specific Plan was not approved by the Planning Commission because of concerns that it might represent a major change to the approved Specific Plan. This amendment has not been included for the Council's consideration. Site 3: West side of Avenida de Missiones Zoning: 2 +/- acres Open Space-Conservation to Professional Office The purpose of this amendment is to clarify a mapping error west of Avenida de Missiones. During the adoption of the Zoning Map, the southern portion of this 7.2 acres site was inadvertently included in the Temecula Creek channel open space area. Subsequent communications with the Army Corps of Engineers and the U.S. Fish and Wildlife Service indicate that this area is not considered to be part of Temecula Creek's channel because it is located behind the existing creek channel improvements. Consequently, staff is recommending that the Zoning designations on the southern third of this site be changed to Professional Office to be consistent with the General Plan. Copies of the above mentioned communications are included in Attachment No. 4. ENVIRONMENTAL DETERMINATION An Initial Environmental Study was prepared for this project to determine if the proposed changes would result in any environmental impacts beyond those impacts identified in the Final Environmental Impact Report for the City General Plan. The Initial Study indicated that overall, the proposed General Plan Amendments and Zone Changes would not result in impacts beyond those originally anticipated for the City General Plan. These amendments will result in a very slight increase, less than one thousand, in daily vehicle trips. However, overall the impacts of these General Plan changes will not have an impact beyond those anticipated in the certified Final Environmental Impact Report for the General Plan. As a result, these potential increases are not considered significant and staff recommends that a Negative Declaration be adopted. \\TEMEC_FS101 \VOL1 ~)epts~PLANNING\STAFFRPT~I PA99 (2CI.doc FINDINGS General Plan Amendment 1. The amendments are compatible with the health, safety and welfare of the community. The amendments are compatible with existing and surrounding uses. The amendments will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan. Chan.ae of Zone 1. The changes am compatible with the health, safety and welfare of the community. 2. The changes are consistent with the approved revisions to the General Plan Land Use Map. 3. The changes will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan. FISCAL IMPACT: The proposal will have no fiscal impacts. ATTACHMENT: 2. 3. 4. 5. 6. Draft Resolution Draft Ordinance Planning Commission Resolution Planning Commission Staff Report and Exhibits Draft Planning Commission Minutes Initial Environmental Study \\TEMEC_FS101 \VOL1 ~)epts~PLANNING~STAFFRPT~291PA99 OCI,doc ATTACHMENT NO. 1 DRAFT RESOLUTION \\TEMEC_FS101 \VOL1 ~Depts~PLANNING~STAFFRPT'~,91PA99 ~CI.doc ATTACHMENT NO. 1 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP FOR VARIOUS AREAS THROUGHOUT THE CITY KNOWN AS ASSESSOR'S PARCEL NOS. 921-660-026, 921- 660-027, 921-660-041, AND 921-660-042 (PLANNING APPLICATION NO. PA99-0291) WHEREAS, The City of Temecula initiated Planning Application No. PA99-0291, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA99-0291 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the Planning Commission considered Planning Application No. PA99-0291 on August 18, 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 hearing and after due consideration of the testimony, the Commission recommended approval of Planning Application No. PA99-0291; WHEREAS, the City Council conducted a public hearing pertaining to Planning Application No. PA99-0291 on September 14, 1999, at which time interested persons had opportunity to, and did testify either in support or in opposition to Planning Application No. PA99-0291; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA99-0291; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findings The City Council, in approving Planning Application No. PA99- 0291 (General Plan Amendment) hereby makes the following findings: A. These amendments are compatible with the health, safety and welfare of the community. B. These amendments are compatible with existing and surrounding uses. C. These amendments will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan. F:gepts~PLANNING\STAFFRP~I PA99 CCI.doc 5 Section 3. Amendments To The General Plan Land Use Map The City Council hereby amends the General Plan Land Use Map for the parcels identified as APNs 921-660-026, 921- 660-027, 921-660-041, and 921-660-042; change the Land Use Designation from Medium Density Residential to Low Medium Residential. Section 4. Environmental Compliance. An Initial Environmental Study was prepared for this project to determine if the proposed changes would result in any environmental impacts beyond those impacts identified in the Final Environmental Impact Report for the City General Plan. The Initial Study indicated that overall, the proposed General Plan Amendment would have not result in impacts beyond those originally anticipated for the City General Plan. The exceptions are that three areas; circulation, air quality, and biologic resource impacts are expected to see small reductions in the anticipated environmental impacts. As a result, the City Council determines that the potential impacts of these changes were adequately addressed by the Final Environmental Impact Report for the City General Plan and that no further environmental analysis is required. Section 5. Severability The City Council hereby declares that the provisions of this Resolution are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect the validity of the remaining parts of this Resolution. Section 6. The City Clerk shall certify the adoption of this Resolution. Section 7. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 14th day of September, 1999. ATTEST: Susan W. Jones, CMC/AAE City Clerk [SEAL] Steven J. Ford, Mayor STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 14th day of September, 1999 by the following vote of the Council: AYES: CITY COUNCILMEMBERS: NOES: CITY COUNCILMEMBERS: ABSENT: CITY COUNCILMEMBERS: Susan W. Jones, CMC/AAE \\TEMEC_FS101\VOL1~)epts~PLANNING~STAFFRPTL~91PA99 6CI.doc ATTACHMENT NO. 2 DRAFT ORDINANCE \\TEMEC_FS101 \VOL1%Depts%P LANNING%STAFFRPT~291PA99 (ZCI.doc ATTACHMENT NO. 2 ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FOR THE AREAS KNOWN AS ASSESSOR'S PARCEL NOS. 921-660-026, 921-660-027, 921-660-041, 921- 660-042, AND 950-120-004 (PLANNING APPLICATION NO. PA99-0291 ) THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Public headngs have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of Califomia, and the City Code of the City of Temecula. The following changes to the land use distdct shown on the Official Land Use map for the City of Temecula are hereby adopted. A. The zoning designation for the parcels identified as Assessors Parcel Nos. 921-660-026, 921-660-027, 921-660-041, and 921-660-042 are changed the Medium Density Residential (M) to Low Medium Residential (LM); and B. The zoning designation for the parcel identified as Assessors Parcel No. 950-120-004 is changed from Open Space-Conservation (OS-C) to Professional Office (PO). Section 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. Section 3. Taking Effect. This ordinance shall take effect 30 days after the date of its adoption. Section 4. Environmental Compliance. An Initial Environmental Study was prepared for this project to determine if the proposed changes would result in any environmental impacts beyond those impacts identified in the Final Environmental Impact Report for the City General Plan. The Initial Study indicated that overall, the proposed General Plan Amendments and Zone Changes would have not result in impacts beyond those originally anticipated for the City General Plan. The exceptions are that three areas; circulation, air quality, and biologic resource impacts are expected to see small reductions in the anticipated environmental impacts. As a result, the City Council determines that the potential impacts of these changes were adequately addressed by the Final Environmental Impact Report for the City General Plan and that no further environmental analysis is required. Section 5. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. \\TEMEC_FSI 01 \VOLI ~Depts~PLANNING~STAFFRP~I PA99 eCI.doc Section 6. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 14th day of September 14, 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 the foregoing Ordinance No. was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14t" day of September 14, 1999, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the __ day of ,1999 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk \\TEMEC_FS101\VOL1~Depts~PLANNING~STAFFRP~1PA99 eCI.doc ATTACHMENT NO. 3 PLANNING COMMISSION RESOLUTION \\TEMEC_FS 101 \VOL1 ~Depts~PLANNING%STAFFRPT~31PA99 ~B;:l.doc ATTACHMENT NO. I DRAFT PC RESOLUTION NO. 99-006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP FOR VARIOUS AREAS THROUGHOUT THE CITY KNOWN AS ASSESSOR'S PARCEL NOS. 921-660-026, 921-660-027, 921-660-041, AND 921-660-042 (PLANNING APPLICATION NO. PA99-0291)" AND ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FOR THE AREAS KNOWN AS ASSESSOR'S PARCEL NOS. 921~660-026, 921-660-027, 921-660- 041, 921-660-042, AND 950-120-004 (PLANNING APPLICATION NO. PA99-0291))" WHEREAS, The City of Temecula initiated Planning Application No. PA99-0291, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA99-0291 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Ubrary, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the Planning Commission considered Planning Application No. PA99-0291 on August 18, 1999, at a duly noticed public headng as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in suppod or opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of Planning Application No. PA99-0291; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findin.qs. A. The Planning Commission, in recommending approval of these General Plan Amendments, make the following findings: community. 1. The amendments are compatible with the health, safety and welfare of the 2. The amendments are compatible with existing and surrounding uses. 3. The amendments will not have an adverse effect on the community and are consistent with the goals and polldes of the adopted General Plan. F:~Depts~PLANNING~STAFFRP~I PA99 - PC.doc 6 DRAFT B. The Planning Commission, in recommending approval of these Changes of Zone, make the following findings: community. 1. The changes are compatible with the health, safety and welfare of the e Land Use Map. The changes are consistent with the approved revisions to the General Plan 3. The changes will not have an adverse effect on the community and are consistent with the goals and polides of the adopted General Plan Section 3. Environmental Compliance. An Initial Environmental Study was prepared for this project to determine if the proposed changes would result in any environmental impacts beyond those impacts identified in the Final Environmental Impact Report for the City General Plan. The Initial Study indicated that overall, the proposed General Plan Amendments and Zone Changes would have not result in impacts beyond those originally antidpated for the City General Plan. The exceptions are that three areas; drculation, air quality, and biologic resource impacts are expected to see small reductions in the anticipated environmental impacts. As a result, the Planning Commission determines that the potential impacts of these changes were adequately addressed by the Final Environmental Impact Report for the City General Plan and that no further environmental analysis is required. Section 4. The City of Temecula Planning Commission hereby recommends approval of Planning Application No. PAgcJ-0291 (General Plan Amendment and Change of Zone) and recommends that the City Council do the following: A. Approve a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP FOR VARIOUS AREAS THROUGHOUT THE CITY KNOWN AS ASSESSOR'S PARCEL NOS. 921-660-026, 921-660-027, 921-660-041, AND 921-660-042 (PLANNING APPLICATION NO. PA99-0291)" substantially in the form that is attached to this resolution as Exhibit A; and, B. Adopt an Ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FOR THE AREAS KNOWN AS ASSESSOR'S PARCEL NOS. 921-660-026, 921~660-027, 921-660-041,921-660-042, AND 950-120-004 (PLANNING APPUCATION NO. PA99-0291)" substantially in the form that is attached to this resolution as Exhibit B. F:gepts~DLANNING~STAFFRP'r~31PA99 - PC.doc 7 DRAFT PASSED, APPROVED, AND ADOPTED this 18th day of August 1999. Ron Guerriero, Chairperson I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 18th day of August, 1999 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary F:~)epts~PLANNING~STAFFRP'['~291PA99 - PC,doc 8 ATTACHMENT NO. 4 AUGUST 18, 1999 STAFF REPORT AND EXHIBITS \\TEMEC_FS101 \VOL1%Depts~DLANNING\STAFFRPT~-'-'-'-'-'-'-'-'-~31 PA99 C3:;I.doc STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August 18, 1999 Planning Application No. PA99-0291 (General Plan Amendment and Zone Change) Prepared By: David Hogan, Senior Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: APPROVE a Negative Declaration for Planning Application PA99-0291; and, o ADOPT Resolution No. 99- recommending approval of Planning Application No. PA99-0291 based upon the Analysis and Findings contained in the Staff Report. APPLICATION INFORMATION APPLICANT: City of Temecula PROPOSAL/LOCATION: To amend the General Plan Land Use and the Zoning Maps for the City of Temecula for a site identified as Assessors Parcel Numbers 921-660-026, -027, -041, -042 located south of Via La Vida between Calle Palmas and Via Sevilla from Medium Density Residential to Low Medium Density Residential. o To amend the General Plan Land Use Map for the City of Temecula for a site identified as Assessors Parcel Number 944-330-019 located between Rancho Highlands Drive and Interstate 15 from Open Space to Highway Tourist Commercial. To amend the General Plan Land Use and the Zoning Maps for the City of Temecula for the southerly third of a site identified as Assessors Parcel Number 950-120-004 located west of Avenida de Missiones from Open Space- Conservation to Professional Office. PROJECT STATISTICS Total Area: 9.4 +/~ acres \\TEMEC FS101 \VOL1 \DEPTS\PLANNING\STAFFRPT\291PA99 - PC.doc 1 BACKGROUND Staff has recently identified a number of needed adjustments that should be made to the General Plan Land Use and Zoning Maps. These city-initiated changes have been grouped together to simplify the hearing process before the Planning Commission and City Council. Though bundled together for processing, each of the three changes may be discussed and considered separately if the Commission deems it appropriate. ANALYSIS These proposals would change the General Plan Land Use map and Zoning Maps in several areas of the City. A detailed discussion of each change area follows. Site 1: South side of Via La Vida General Plan: 6 +/- acres Medium Density Residential to Low Medium Density Zoning: 6 +/- acres Medium Density Residential to Low Medium Density This area consists of approximately six acres of vacant property that is surrounded by single family residences. The homes to the west and north are smaller homes on 4,000 square foot lots. The homes to the east and south are larger homes on 8,000 to 14,000 square foot lots. The proposal would change the General Plan and Zoning designations to allow approximately 28 single family homes to be constructed on 7,200 +/- square foot lots. The proposed change would facilitate development that would create a transition between the smaller and larger hordes. Site 2: Rancho Highlands Drive General Plan: 1.4 +/- acres Open Space to Highway Tourist Commercial The purpose of this amendment is to clarify a mapping discontinuity between the Rancho Highlands Specific Plan and the General Plan Land Use Map. The Land Use Map in the Rancho Highlands Specific Plan shows open space over much of this property. This open space actually appears to represent landscaped slopes that were supposed to form a transition between Planning Area 2 (commercial) and Planning Area 6 (high density residential and commercial). This is supported by Riverside County's approval of Parcel Map 23624 in 1989. At that time, the entire larger parcel was subdivided into three commercial sites without any reference to open space. The other two parcels of this map are developed and are occupied by Marie Calendars Restaurant and the Embassy Suites Hotel. This proposal would allow the commercial development envisioned in the specific plan and parcel map to occur. The zoning standards for this site are still contained in the Rancho Highlands Specific Plan. Site 3: West side of Avenida de Missiones General Plan: 2 +/- acres Open Space to Office Professional Zoning: 2 +/- acres Open Space-Conservation to Professional Office The purpose of this amendment is to clarify a mapping error west of Avenida de Missiones. During the adoption of the General Plan, the southern portion of this 7.2 acres site was inadvertently included in the Temecula Creek channel open space area. Subsequent communications with the Army Corps of Engineers and the U.S. Fish and Wildlife Service indicate that this area is not considered to be part of Temecula Creek's channel because it is located behind the existing creek \\TEMEC FS101 \VOL1 \DEPTS\PLANNING\STAFFRPT\291PA99 - PC.doc 2 channel improvements. Consequently, staff is recommending that the General Plan and Zoning designations on the southern third of this site be changed to Professional Office, Copies of the above mentioned communications are included in Attachment No. 4. ENVIRONMENTAL DETERMINATION An Initial Environmental Study was prepared for this project to determine if the proposed changes would result in any environmental impacts beyond those impacts identified in the Final Environmental Impact Report for the City General Plan. The Initial Study indicated that overall, the proposed General Plan Amendments and Zone Changes would not result in impacts beyond those originally anticipated for the City General Plan. These amendments will result in a very slight increase, less than one thousand, in daily vehicle trips. However, overall the impacts of these General Plan changes will not have an impact beyond those anticipated in the certified Final Environmental Impact Report for the General Plan. As a result, these potential increases are not considered significant and staff recommends that a Negative Declaration be adopted. SUMMARY/CONCLUSIONS Staff has evaluated these proposals and has determined that these amendments to the General Plan Land Use and Zoning Maps are appropriate and will be compatible with the other land uses in their respective areas and recommends that the Planning Commission recommend approval of these changes to the City Council. FINDINGS General Plan Amendment 1. The amendments are compatible with the health, safety and welfare of the community. 2. The amendments are compatible with existing and surrounding uses. The amendments will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan, Change of Zone 1. The changes are compatible with the health, safety and welfare of the community. 2. The changes are consistent with the approved revisions to the General Plan Land Use Map. o The changes will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan. \\TEMEC FS 101 \VOL 1 \DEPTS\PLANNING\STAFFRPT\291 PA99 - PC.doc 3 Attachments: PC Resolution No. 99- - Blue Page 5 Exhibit A - Resolution No. 99- - Blue Page 9 Exhibit B - Ordinance No. 99- - Blue Page 13 Initial Study - Blue Page 16 Exhibits o Blue Page 17 A. Location Map B-1 Site 1 Existing General Plan Map C-1 Site 1 Existing Zoning Map B-2 Site 2 Existing General Plan Map C-2 Site 2 Existing Zoning Map B-3 Site 3 Existing General Plan Map C-3 Site 3 Existing Zoning Map D-1 Site 1 Proposed General Plan Land Use and Zoning Map D-2 Site 2 Proposed General Plan Land Use Map D-3 Site 3 Proposed General Plan Land Use and Zoning Map Correspondence on Site 3 - Blue Page 28 \\TEMEC FS 101 \VOL1 \DEPTS\PLANNING\STAFFRPT\291PA99 - PC.doc 4 CITY OF TEMECULA CASE NUMBER: PA99-0291 EXHIBIT- A PLANNING COMMISSION DATE - AUGUST 18, 1999 LOCATION MAP GENERAL PLAN ( PA99 - 0291 ) CITY OF TEMECULA OS CC M .M iO~..\ EXHIBIT B-1 - GENERAL PLAN DESIGNATION DESIGNATION - MEDIUM DENSITY RESIDENTIAL (M) CASE NUMBER: PA99-0291 PLANNING COMMISSION DATE -AUGUST 18, 1999 SITE 1 CITY OF TEMECULA · U EXHIBIT B-3 - GENERAL PLAN DESIGNATION - OPEN SPACE (OS) CASE NUMBER: PA99-0291 PLANNING COMMISSION DATE- AUGUST 18, 1999 SITE 3 CITY OF TEMECULA ,C,<> .-': :: ". .....:"~-".~r'~: '~i".~:':..'.:::"='-<.:' '~.. "'.IH,, i.;".:.:: 'i:.?;.:"'.. ~:::-~'::::. ~-.:"!: '..'-' ~'~'' ::::'. ~ ,~ ....:, .,.. ~.,..: :,:: ......... ~":' 'S."' ':""  [] ~~,~4~' f ''~" '':'':p "' i, · . ': :.~ ....... ':rl~::. i:.:': ,;' .. "'~..~. ~' .:: ~i.:.';" .'.'.h.h=..-'m "' ;.,"~ . :.~'~. :~ ~::h..% -'.'.":"'..' ..: .:. ':.;.'_'.. F-.,.: q '..:;;:, =;~;,~ ~:=:: ~:.. ~ ~.~.'-,~- ~ ~' ,:::;,~:::::; · .e..:~.. ...~,, ,.,, ...,.: .:: ..:: ...:..e ...... . 'ii.., ."::~:.~i~ ~:: '. ::.: ':..~ :~:':''~':! ............ ~'~ , ====================================-. ~f,~,~&l~' SITE 1 1~"' i'l"~ . ! ,~4~,~< -....-...........-.........--.................. -'-','.'.".'-'-'.'-'.".'.'.'-'-'- t EXHIBIT C-1 - ZONING MAP DESIGNATION - MEDIUM DENSITY RESIDENTIAL (M) CASE NUMBER: PA99-0291 PLANNING COMMISSION DATE- AUGUST 18, 1999 SITE 1 CITY OF TEMECULA EXHIBIT C-3 - ZONING MAP DESIGNATION - OPEN SPACE-CONSERVATION (OS-C)) CASE NUMBER: PA99-0291 PLANNING COMMISSION DATE- AUGUST 18, 1999 SITE 3 CITY OF TEMECULA GP: Low Medium Residential: ING: Low Medium Residential~ CASE NUMBER: PA99-0291 EXHIBIT D-1 SITE 1 - PROPOSED GENERAL PLAN AND ZONING PLANNING COMMISSION DATE -AUGUST 18, 1999 CITY OF TEMECULA \ZONING.' Professional Professional Office CASE NUMBER: PA99-0291 EXHIBIT D-3 SITE 3 - PROPOSED GENERAL PLAN AND ZONING PLANNING COMMISSION DATE -AUGUST 18, 1999 '~ OM DODSON & ASSOCIATES 2150 N. ARROWHEAD AVENUE SAN BERNAR. D1NO, CA 92405 TEL (909) 882-3612 · FAX (909) 882-7015 E-MAIL tda~empirenet.com March 31,1999 U.S. Army Corps of Engineers Regulatory Branch A'FFN: Spencer McNeil 911 Wilshire Boulevard, 11th Floor Los Angeles, CA 90017 . By Subject: Follow-up to site visit on small parcel (Ray Schooley property) on the corner of State Highway 79 and Avenida De Missions in Temecula, Riverside County, California Dear Spencer: This letter is a follow-up to your site visit to the subject property with Ms. Lisa Kegarice on March 16, 1999 on the parcel adjacent to the Presley Development, located across Avenida De Missions in Temecula (Ray Schooley property, see the attached map and aerial photo). Lisa is overwhelmed by Quino surveys at this moment, so she asked me to transmit this letter to you in response to your request for additional information. As you may recall, this site has been isolated from the active channel of Temecula Creek by a large channel wall or levee (see aerial) installed by Presley during the construction of their residential tract across (to the east) of the subject site. In the field Lisa indicated that the isolation of this parcel from Temecula Creek's flows has rendered this parcel no longer subject to 404 jurisdiction. Subsequent to your and Lisa's visit to the site, you confirmed that the berm had been permitted by the Corps and the subject parcel was legally isolated by the channel wall. However, you then questioned whether or not the southern portion of the parcel had been included in a County open space or mitigation easement for the Presley pro.~ect. We have obtained the City maps and have determined that the parcel was not encumbered in any manner by the Conservation Easement. The attached map and aerial photo illustrates the various features (roads, channel wall, conservation easement area and Mr. Schooley's property) which verify that the conservation easement extends to the westerly boundary of Mr. Schooley's property and does not encompass any of his property. Based on the attached information and your discussions with Lisa on this matter, we are requesting your concurrence that this parcel is not subject to Section 404 of the Clean Water Act and that no further procedural interaction with the Corps under Section 404 is required for future development of this site. Should you be to busy to respond to this transmittal, we will proceed under the assumption that, if we do not hear from you by April :~5, :L999 regarding this matter, you do concur with these conclusions. ]: want to thank you for your timely help in this matter. ]:f you have any questions regarding the contents of this letter or would like any additional information, please do not hesitate to give Lisa or :[ a call at your convenience. Sincerely, Tom Dodson Attachment cc: Ray Schooley Randy Fleming Larry Markham Patricia K. Anders ATTACHMENT NO. 5 PLANNING COMMISSION MINUTES \\TEMEC_FS101\VOL1 ~Depts~PLANNING~STAFFRPT~xJ1PA99 OCI.doc 8. City-initiated General Plan Application No. PA97-0291) Amendments and Zone PlanComnVminutes/081899 Chancles {PlanninQ Requests regarding Sites 1-3: Site 1 - Amend the General Plan Land Use and the Zoning Maps for the City of Temecula for a site identified as Assessor's Parcel Nos. 921-660-026, - 027, -041, and -042 located South of Via La Vida between Calle Palmas and Via Sevilla from Medium Density Residential to Low Medium Density Residential. Site 2 - Amend the General Plan Land Use Map for the City of Temecula for a site identified as Assessor's Parcel No. 944-330-019 and located between Rancho Highlands Drive and Interstate 15 from Open Space to Highway Tourist Commercial. Site 3 - Amend the General Plan Land Use and the Zoning Maps for the City .of Temecula for the southerly portion of a site identified as Assessor's Parcel No. 950-120-004 and located west of Avenida de Missiones from Open Space-Conservation to Professional Office. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission approve a resolution recommending adoption of an ordinance. Senior Planner Hogan presented the staff report (of record), highlighting the proposed amendments; for Commissioner Webster, provided additional information regarding Site 2, and the rationale for inclusion in the General Plan, as amended. Mr. Anthony Maielta, 29747 Calle Palmas, relayed concem with respect to the amount of apartments in the Margarita area and the associated blighting. For Mr. Maielta, Senior Planner Hogan reiterated the results of modifying density. form Medium to Low Medium. With regard to Commissioner Webster's concem regarding the Site No. 2 amendments and the lack of consistency with the Specific Plan with respect to the Land Use Map, specifically, the Open Space designated areas, Planning Manager Ubnoske recommended that this portion of the amendment be brought back to the Commission at a future point in time in order for staff due develop clarification. In response to the recommendation to continue the proposed amendments with respect to Site No. 2, Commissioner Webster recommended that staff further investigate the Prior to Approval Requirements with respect to Alternate Transportation Plans, denoted on page 43 of the Specific Plan. MOTION: Commissioner Fahey moved to close the public headng; and to approve the amendments proposed on Site Nos. I and 3; and to have staff bdng back to the Commission proposed amendments for Site No. 2 at a future point in time. 11 PlanComm/mi nutesl081899 RESOLUTION NO. 99-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA KNOWN AS ASSESSOR'S PARCEL NOS. 921-660-026, 921-660-027, 921-660-041, 921-660-042,944-330-019, AND 950-120-004 (PLANNING APPLICATION NO. PA99-0291)" AND ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA KNOWN AS ASSESSOR'S PARCEL NOS. 921-660-026, 921-660-027, 921-660-041, 921-660- 042,944-330-019, AND 950-120-004 (PLANNING APPLICATION NO. PA99-0291 )" The motion was seconded by Commissioner Webster and voice vote reflected unanimous approval. "'i:>LANNING MANAGER'S REPORT ning Manager Ubnoske relayed that the Planning ~nner to the staff, Denise Thomas; and noted that she wi to the ing Department. added a a great asset Planning Ubnoske noted that the Wolf Workshop will be held at the September 1 t99 Planning (:: meeting; and advised, for Commissioners Nagg Webster she would relay their request concerning receiving the ',iated pdor to the meeting. Chairman Guerdero advised community regarding the workshops was the im of the Pala ~e pdmary concem expressed by the :t dudng the recnetly held community Planning Manl denoting e~ provided each personal lots. with a GIS exhibit, COMMISS REPORTS Commissioner Fahey and Attorney Cudey relayed that they would attend the September 1, 1999 Planning Commission meeting due to plans. able to 12 ATTACHMENT NO. 6 INITIAL ENVIRONMENTAL STUDY \\TEMEC_FS101 \VOL1 ~Depts~P LANN ING~STAFFRP~I PA99 G!~l.doc Project Title Lead Agency Name and Address Contact Person and Phone Number Project Locations Project Sponsor's Name and Address General Plan Designation (Current) Zoning (Current) Proposed General Plan Designations) Proposed Zoning District Surrounding Land Uses and Setting REVISED City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Planning Application No. PA99-0291 (General Plan Amendment and Zone Change) City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 David Hogan, Senior Planner (909) 694-6400 Site 1 - A site located on the south side of Via La Vida (APN's 921-660-026,-027,-041 and -042). Site 2 - A small area located between Interstate 15 and Rancho Highlands Drive (APN 944-330-019). Site 3 - A portion of the site located on the west side of Avenida de Missiones (APN 950-120-004) City of Temecula Site 1 Site 2 Site 3 Site 1 Site 2 Site 3 Site 1 Site 2 Site 3 Site 1 Site 2 Site 3 Site 1 Site 2 - Medium Density Residential -Open Space (landscaped slope) - Office Professional and Open Space - Medium Density Residential (M) - Specific Plan 2 - Planning Area 2 - Professional Office and Open Space-Conservation - Low Medium Density Residential - Highway Tourist Commercial - Office Professional - Low Medium Density Residential (LM) - No changes proposed - Professional Office (PO) -- The site is surrounded by Medium and Low Medium density single family residences. - The site is located adjacent to developed commercial and undeveloped high density residential/commercial property and Interstate 15. Site 3 - The site and the property to the west is vacant. The property to the east contains single family residences. Other public agencies whose approval None. is required This Initial Environmental Study is being completed to compare the differences between the current General Plan Land Use and Zoning Designations evaluated using the Final EIR for the City General Plan with the proposed changes to the Land Use and Zoning Maps. For the purpose of this analysis, equivalent impacts and reductions in overall impacts are being treated as "No Impact" in the attached checklist. The revisions to the earlier version of this Initial Environmental Study are shown in Ita~cs. R:\CEQA',291 PA99 o EIS.doc 1 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use Planning Population and Housing Geologic Problems Water Air Quality Transportation/Circulation Biological Resources Energy and Mineral Resources ,f Hazards Noise Public Services Utilities and Service Systems Aesthetics Cultural Resources Recreation Mandatory Findings of Significance None Determination On the basis of this initial evaluation: ,f I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1 ) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on 'the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signature Date: July 19, 1999 David Hogan For: The City of Temecula R:\CEQA\291 PA99 - EIS.doc 2 Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 1. LAND USE AND PLANNING. Would the proposal: 1.a. Conflict with general plan designation or zoning? (Source 1, Figure 2-1, Page 2-17) 1.b. Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? 1.c. Be incompatible with existing land use in the vicinity? 1.d. Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (Source 1, Figure 5-4, Page 5-17) 1.e. Disrupt or divide the physical arrangement of an established community (including low-income or minority community)? ,f ,f ,/ ,/' V' Comments 1 .a,c The project is three general plan amendments and two required zone changes that can be characterized as (1) a reduction in a residential land use designation, (2) clarify a mapping discontinuity between the general plan and the Rancho Highlands Specific Plan, and (3) a mapping error in the original General Plan. The General Plan Land Use Map shows an area of open space for Change No. 2 that appears to correspond to a previously envisioned landscaped slope between previously subdivided parcels. Because the Specific Plan did not really envision an open space area in this location, and a non-open space lot has already been created, Change No. 2 appears to be a mapping error that is proposed for correction. The area represented by Change No. 3 was shown as an open space element of the Temecula Creek channel. Further research as indicated that the property is actually not part of the channel and should have been designated as Office Professional on the General Plan Land Use map. The area of this change comprises about 2 acres As a result, the environmental impacts associated with this project are expected to be similar to the originally anticipated in the Environmental Impact Report for the City General Plan. 1 .b The project will not conflict with applicable environmental plans or polices adopted by agencies with jurisdiction over the project. The impacts from the General Plan Land Use Designations were analyzed in the Environmental Impact Report the General Plan. Agencies with jurisdiction within the City commented on the scope of the analysis contained in the EIR and how the land uses would impact their particular agency. Mitigation measures approved with the EIR will be applied to this project. Further, all agencies with jurisdiction over the project are also being given the opportunity to comment on the project and it is anticipated that they will make the appropriate comments as to how the project relates to their specific environmental plans or polices. No significant effects are anticipated as a result of this project. 1 .d Both sites are vacant properties surrounded by urban scale development. Neither site has been used for agricultural activities within the last twenty years. As a consequence, any environmental impacts associated with this project are expected to be equivalent to those impacts identified in the original General Plan. R:\CEQA\291PA99 - EIS.doc 3 1.6 Potentially Potentially Significant Less Than Significant Unless Significant No Issues and Supporting Information Sources Impact Mitigation Impact Impact Incorporated The project will not disrupt or divide the physical arrangement of an established community (including low-income or minority community. As a consequence no significant effects are anticipated as a result of this project. 2. POPULATION AND HOUSING. Would be proposal: 2.a. 2.c. Cumulatively exceed official regional or local population Projects? (Source 1, Page 2-23) Induce substantial growth in an area either directly or indirectly (e.g. through project in an undeveloped area or extension of major infrastructure)? Displace existing housing, especially affordable housing? (Source 1, Figure 2-1, Page 2-17) Comments The project will not result in development that would cumulatively exceed official regional or local population projections, will not induce substantial growth in the area either directly or indirectly, and will not displace any type of housing. The project sites are either already developed or are proposed to remain substantially undeveloped. As a result, no significant effects are anticipated from this project. 3. GEOLOGIC PROBLEMS. Would the proposal result in or Expose people to potential impacts involving? 3.a. 3.b. 3.c. 3.d. 3.e. 3.f. 3.g. 3.h. 3.i. Fault rupture? (Source 1, Figure 7-1, Page 7-6 ) Seismic ground shaking? Seismic ground failure, including liquefaction? (Source 1, Figure 7-2, Page 7-8) Seiche, tsunami, or volcanic hazard? Landslides or mudflows? (Source 1, Figure 7-2, Page 7-8) Erosion, changes in topography or unstable soil conditions form excavation, grading or fill? Subsidence of the land? (Source 1, Figure 7-2, Page 7-8) Expansive soils? Unique geologic or physical features? Comments This project does not represent a change from the impacts addressed in the original EIR for the City General Plan. As a result, no additional impacts have been identified. 4. WATER. Would the proposal result in: 4.a. Changes in absorption rates, drainage patterns, or the rate and mount of surface runoff? 4.b. Exposure of people or property to water related R:\CEQA\291PA99 - EIS.doc 4 4.c. 4.d. 4.e. 4.f. 4.g. 4.h. 4.i. Issues and Supporting Information Sources hazards such as flooding? (Source 1, Figure 7-3, Page 7-10; Figure 7-4, Page 7-) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Changes in the amount of surface water in any water body? Changes in currents, or the course or direction of water movements? Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? Altered direction or rate of flow of groundwater? Impacts to groundwater quality? Substantial reduction in the amount of groundwater. Otherwise available for public water supplies? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impac~ Comments This project does not represent a change from the impacts addressed in the original EIR for the City General Plan. However, there is the potential that the operation of the detention area will result in an incremental increase in local groundwater recharge. As a result, no additional impacts have been identified. 5. AIR QUALITY. Would the proposal: 5.a. 5.b. 5.c. 5.d. Violate any air quality standard or contribute to an existing or projected air quality violation? (Source 1, Page 2-29) Expose sensitive receptors to pollutants? Alter air movement, moisture or temperature, or cause any change in climate? Create objectionable odors? Comments The proposed General Plan and Zoning amendments does not represent a noticeable change in vehicle trips, the major source of air pollution in the southwest portion of Riverside County. The amendment would in approximately the same number of vehicle trips as was originally envisioned in the EIR for the General Plan. As a result, this project represents an insignificant change in the impacts addressed in the original EIR for the City General Plan. 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: 6.a. Increase vehicle trips or traffic congestion? Hazards to safety from design features (e.g. sharp curves or dangerous intersections or incompatible R:\CEQA\291 PA99 - EIS.doc 5 6.c. 6.d. 6.e. 6.f. 6.g. Issues and Supporting Information Sources uses)? Inadequate emergency access or access to nearby uses? Insufficient parking capacity on-site or off-site? Hazards or barriers for pedestrians or bicyclists? Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? Rail, waterborne or air traffic impacts? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impac~ Comments: The proposed General Plan and Zoning amendments does not represent a noticeable change in vehicle trips, the major source of air pollution in the southwest portion of Riverside County. The amendment for Site 1 could result in a reduction of approximately 230 vehicle trips per day. The amendment for Site 2 could result in an increase of up to approximately 500 vehicle trips per day. The amendment for Site 3 could result in an increase of up to approximately 475 vehicle trips per day. As a result, this project represents an insignificant change in the impacts addressed in the original EIR for the City General Plan given the number of trip generation decreases that have also occurred in recent years. 7. BIOLOGICAL RESOURCES: Would the proposal result in impacts to: 7.a. 7.b. 7.c. 7.d. 7.e. Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds)? Locally designated species (e.g.heritage trees)? Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? Wetland habitat (e.g. marsh, riparian and vernal pool)? Wildlife dispersal or migration corridors? Comments: This project does not represent a change from the impacts addressed in the original EIR for the City General Plan. As a result, the project is expected to result in no change in the impact to biologic impacts. 8. ENERGY AND MINERAL RESOURCES. Would the proposal: 8.a. 8.c. Conflict with adopted energy conservation plans? Use non-renewal resources in a wasteful and inefficient manner? Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? R:\CEQA\291 PA99 - EIS.doc Issues and Supporting Information Sources Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigation Impact impact Incorporated Comments: 8.all. This project does not represent a change from the impacts addressed in the original EIR for the City General Plan. As a result, no additional impacts have been identified 9. HAZARDS. Would the proposal involve: 9.a. A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemical or radiation)? Possible interference with an emergency response plan or emergency evacuation plan? The creation of any health hazard or potential health hazard? Exposure of people to existing sources of potential health hazards? Increase fire hazard in areas with fiammable brush, grass, or trees? 9.b. 9.c. 9.d. 9.e. Comments: 9.all. This project does not represent a change from the impacts addressed in the original EIR for the City General Plan. As a result, no additional impacts have been identified 10. NOISE. Would the proposal result in: 10.a. 10.b. Increase in existing noise levels? (Source 1, page 8-9) Exposure of people to severe noise levels? Comments: 10.all. This project does not represent a change from the impacts addressed in the original EIR for the City General Plan. As a result, no additional impacts have been identified. 11. PUBLIC SERVICES: Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: 11.a. 11.b. 11.c. 11.d. 11.e. Fire protection? Police protection? Schools? Maintenance of public facilities, including roads? Other governmental services? Comments: R:\CEQA\291 PA99 - EIS.doc 7 11.a11. Potentially Potentially Significant Less Than Significant Unless Significant No Issues and Supporting Information Sources Impact Mitigation Impact Impact Incorporated The project will not have an effect upon, or result in a need for new or altered governmental services. No significant impacts are anticipated as a result of this project. 12. UTILITIES AND SERVICES SYSTEMS: Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: 12.a. Power or natural gas? ,/' 12.b. Communications systems? 12.c. Local or regional water treatment or distribution facilities? 12.d. Sewer or septic tanks? ,/' 12.e. Storm water drainage? ,/' 12.f. Solid waste disposal? 12.g. Local or regional water supplies? Commerlts: 12.a. The project will not result in a need for new utility systems or substantial alterations to existing facilities. No significant impacts are anticipated as a result of this project. 13. AESTHETICS. Would the proposal: 13.a. Affect a scenic vista or scenic highway? 13.b. Have a demonstrable negative aesthetic affect? ,/' 13.c. Create light or glare? ,/' Comments: 13.all. This project does not represent a change from the impacts addressed in the original EIR for the City General Plan. As a result, no additional impacts have been identified 14. CULTURAL RESOURCES. Would the proposal: 14.a. Disturb paleontological resources? (Source 2, Figure 55 ) 14.b. Disturb archaeological resources? (Source 1, Page 281) 14.c. Affect historical resources? ,/' 14.d. Have the potential to cause a physical change ,/' which would affect unique ethnic cultural values? 14.e. Restrict existing religious or sacred uses within the potential impact area? Comments: 14.all. This project does not represent a change from the impacts addressed in the original EIR for the City General Plan. As a result, no additional impacts have been identified. R:\CEQA\291PA99 - EIS.doc 8 Issues and Supporting information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 15. RECREATION. Would the proposal: 15.a. 15.b. Increase the demand for neighborhood or regional parks or other recreational facilities? Affect existing recreational opportunities? Comments: 15.a11. The project will not impact or increase in demand for neighborhood or regional parks or other recreational facilities or affect the quality or quantity of existing recreational resources or opportunities. No significant impacts are anticipated as a result of this project. 16. MANDATORY FINDINGS OF SIGNIFICANCE. 16.a. 16.b. 16.c. 16.d. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have the potential to achieve short- term, to the disadvantage of long-term, environmental goals? Does the project have impacts that area individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: None EARLIER ANALYSES. The Final Environmental Impact Report for the City of Temecula General Plan, Certified in 1993. SOURCES 1. City of Temecula General Plan. 2. City of Temecula General Plan Final Environmental Impact Report. R:\CEQA\291PA99 - EIS,doc 9 ITEM 24 DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Deputy City Manager(:~)~,~.,~ September 14, 1999 An Appeal of the Planning Commission's Decision to deny Planning Application No. PA99-0236, a Development Plan Revision to reconfigure a part of the Winchester Meadows Shopping Center, and Planning Application No. PA99-0012, a Conditional Use Permit to build and operate a 5,310 square foot Winston Tire Store, located at the northwest corner of Margarita Road and Winchester Road. Prepared by: Thomas Thornsley, Project Planner RECOMMENDATION: The Planning Commission recommends the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA99-0236 (DEVELOPMENT PLAN RE- VISION-APPEAL) AND PA99-0012 (CONDITIONAL USE PERMIT- APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY PLANNING APPLICATION PA99-0236, A DEVELOPMENT PLAN REVISION PROPOSAL TO RECONFIGURE A PORTION OF THE WINCHESTER MEADOWS SHOPPING CENTER BY INCORPORATING AN ABANDONED WELL SITE AND RELOCATING AND ENLARGING TWO UNDEVELOPED PAD SITES TOTALING 1.3 ACRES; AND PLANNING APPLICATION NO. PA99-0012 A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 5,310 SQUARE FOOT COMMERCIAL BUILDING ON .7 OF AN ACRE AND A CONDITIONAL USE PERMIT FOR THE OPERATION OF AN AUTOMOTIVE TIRE AND SERVICE STORE LOCATED ON THE NORTHWEST CORNER OF MARGARITA ROAD AND WINCHESTER ROAD, KNOWN AS ASSESSOR'S PARCELS NO. 911-170-091 AND 911-170-098 AND AS PARCEL 4 OF PARCEL MAP 28934. F:\Depts\PLANNING\STAFFRPT~12pa99 CC Appl rev.doc 1 BACKGROUND: On July 21, 1999, the Planning Commission denied Planning Application No. PA99-0236, a Development Plan Revision, which proposed to reconfigure a portion of the Winchester Meadows Shopping Center, located at the northeast corner of Margarita Road and Winchester Road. The revision was intended to add .2 acres to the existing shopping center and reconfigure two of the previously approved building pads at the corner of Margarita and Winchester Roads. Planning Application No. PA99-0012, a Conditional Use Permit, proposes to build and operate a 5,310 square foot Winston Tire Store for tire sales, installation, and additional automotive service. The site recon~guration, as proposed, placed the building pad on the corner of the lot with the building backing up to Margarita Road with the service bays clearly visible from Winchester Road. The visibility of the service bays from the roadway is in conflict with the City's Design Guidelines regarding Auto Repair and Services. On July 30, 1999, Robert Cahan, Canyon-Cahan Temecula, LLC, (owners of the Winchester Meadows Shopping Center), filed a formal appeal of the Planning Commission's decision on both projects (See Attachment 2). DISCUSSION: The zoning for this shopping center is Community Commercial and in this zone businesses that provide automotive services are conditionally permitted. Conditional uses under 10,000 square feet are typically taken to a Director's Hearing. However, because this proposal required modification of the original development plan for the Winchester Meadows Shopping Center, Planning Commission approval was required for both projects. Development Plan Issues: Several Commissioners noted that the original concept for the Winchester Meadows Shopping Center was to create a commercial center that was pedestrian-oriented with plazas and gathering places. They felt that an auto service and repair facility would detract form the character intended with the original approval and the General Plan's Community Design Element. The Community Design Element states that, "the urban form must address the special character of the activity areas of the City, including the role of the commercial center," and that the urban form "is functional, conveys a 'sense of place,' and is aesthetically pleasing and sensitive to the natural environmental character of the area." The Commission also cited the necessity to install a screen wall and heavy landscaping to block the view of the service bays from oncoming traffic. The City's Design Guidelines recommend that automotive service bays not face toward the street. This particular corner serves as focal point for this area of the City. With the location of the building on the corner lot, the service bays would be visible form one street or the other regardless of the placement of the building on the site. According to the Commission, this proposed screening wall and landscaping would suggest that something is being hidden. They noted that the building and the screening methods would block the view into this center and they felt that the view of this site and its business should be open and inviting to draw in members of the community. Conditional Use Permit Issues: The Planning Commission cited an abundance (five) of automotive service business along the north side of Winchester Road between Margarita Road and Ynez Road. They did not object to them in the other locations: they and felt that it was an appropriate place for these businesses because of the strip commercial design along this stretch of Winchester Road. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRP'R12pa99 CC Appl rev.doc 2 They further noted that automotive service businesses are only conditionally permitted in the Community Commercial (CC) zone and are a permitted use in the Highway Tourist (HT) and the Light Industrial (LI) zones. The Commissioners felt that the proposed Winston Tire shop or any tire shop at this location would not be in keeping with the intent to be community odented and provide people with a place to interact. Auto serves business are not designed or intended to draw people in for social gathering and interaction. Most auto service activities have the potential to be noisy and unsightly and by locating this business on the corner of the site it does not provide a personal attraction for people to come into the center. After hearing staffs report, taking public testimony, and holding Commission discussion both projects were denied by a unanimous 5-0 vote. The only person to speak on this project was the architect, Thomas Davis. Neither the appellant, Robert Cahan, nor a representative from Winston Tire were in attendance. The cited justifications for the Appeal are addressed below. APPEAL ANALYSIS: In his appeal request, Mr. Cahan cited three pdmary reasons why the City Council should overturn the Planning Commissions denial and approve both projects. Reason 1. "This item (PA99-0236) was not discussed by the commission and was inadvertently denied along with PA99-0012. It should be reconsidered on its own merit and voted upon as a separate issue. There is no reason to deny this item based upon its use." Response: The Planning Commission reviewed and responded to both applications as one project because the conditional use permit request made it necessary to revise the original approval for the center (Planning Application No. PA97-0305). The Development Plan Revisions, as presented, showed a direct relationship to the other application for Winston Tires. The City Attorney found that there was no problem with the Commission making one motion to deny both projects. Reason 2. "The Commission wrongly determined that this use was inconsistent with the Development Code. Per the staff report...it stated that 'The project is consistent with the Community Commercial land use designation and the Community Commercial zoning.' The commission did not base its decision on the objective facts that are c/early defined in the staff report.' Response: In their deliberations, the Planning Commission did not concur with staffs recommendations that this project (an auto service business) was consistent with the Community Commercial land use designation in this location. The Commission that it would take away from the intended character of this Community Commercial center, which is to serve the personal needs of the individuals in the community and provide people with businesses that fostered interaction. Additionally, they felt that there are designated zoning districts within the City that permitted this type of intensive use. In citing justifications they referenced the need to install a screen wall with heavy landscaping just to hide the view of the service bays. The purpose of a conditional use permit is to enable site specific review for a use or business activity that may not be desirable in all locations. The staff report contains background information and staffs recommendations. The Commission is not required to accept or agree with staffs recommendations. Reason 3. "The (Development Code) states that 'if the conditional use permit involves a new building with less than 10,000 square feet, the director of planning shall have the authority to approve, conditionally approve, or deny an application of a conditional \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRP~12pa99 CC Appl rev.doc 3 Response: use permit.' The building under consideration is 5,310 square feet .... It is our opinion that it should not have been submitted to the planning Commission and that, in fact, its submittal is in direct conflict with the Development Code.' When the original application for the Condition Use Permit was submitted for Winston Tires it was determined that it altered the original site plan enough to require a revision to that development plan. The Planning Commission approved the original development plan and this proposed revision would also require their approval. Since both of these projects are inter related and the Development Code (Section 17.03.010) states "For a development application that requires more than one permit or approval, the approving authority for the entire application shall be the highest level of approval for any portion of the application." SPECIFIC ACTION: Based upon the information in the Appeal and in the Planning Commission's original denial, staff has identified three options: Support the Planning Commission decision to deny the project and deny the appeal of Planning Application Nos. PA99-0236 and PA99-0012 based on the findings that the project fails to meet the City's zoning requirements, guidelines and policies regarding land use compatibility and project design. The resolution to deny the appeal is contained in Attachment No. 1. Concur with a portion of the Appeal and approve Planning Application No. PA99-0236 for the Development Plan Revision to the Winchester Meadows Shopping Center and direct that the applicant work with staff to re-orient the building to address the screening and site layout issues. The resolution to partially approve the appeal is contained in Attachment No. 2. Approve the Appeal of Planning Application No. PA99-0236 for the Development Plan Revision to the Winchester Meadows Shopping Center and PA99-0012 for the Conditional Use Permit to permit the development and operation of Winston Tires. The resolutions to approve the appeals are contained in Attachment No. 2 and Attachment No. 3. FINDINGS - DEVELOPMENT PLAN REVISION In approving or denying a development plan Section 17.05.010.F. of the Temecula Municipal Code, requires that the decision-making body must make the following findings; That the proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. That the overall development of the land is designed for the protection of the public health, safety, and general welfare. FINDINGS-CONDITIONAL USE PERMIT In approving or denying a Conditional Use Permit the Temecula Municipal Code, Section 17.04.010.E. requires that, "In considering applications for conditional use permits, the hearing body, with such conditions as are deemed reasonable in approving or conditionally approving the use, shall find the use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRP~12pa99 CC Appl rev.doc 4 To approve or conditionally approve a conditional use permit, the planning commission or planning director (or planning commission and city council on appeal) must make the following findings: That the proposed conditional use is consistent with the general plan and the development code. That the proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. That 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 this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. That the nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the planning commission or city council on appeal. FISCAL IMPACT: None. Attachments: 5. 6. 7. City Council Resolution No. 99- City Council Resolution No. 99- Exhibit A - Page 16 City Council Resolution No. 99- Exhibit A - Page 23 Exhibit B - Page 34 Appeal of the Planning Commission Decision - Page 37 Automotive Service Business Locations along Winchester Road - Page 38 Staff Report to the Planning Commission dated July 21, 1999 - Page 39 Draft Minutes of the Planning Commission hearing of July 21, 1999 - Page 40 __ - To Deny the Appeals - Page 6 __ - To Approve the Appeal of PA99-0236 - Page 12 __ - To Approve the Appeal of PA99-0012 - Page 19 \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRP'I~12pa99 CC Appl rev.doc 5 ATTACHMENT NO. 1 CITY COUNCIL RESOLUTION NO. 99- TO DENY THE APPEALS OF PA99-0236 AND PA99-0012 \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRP'R12pa99 CC Appl rev.doc 6 ATTACHMENT NO. 1 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA99-0236 (DEVELOPMENT PLAN RE- VISION-APPEAL) AND PA99-0012 (CONDITIONAL USE PERMIT- APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY PLANNING APPLICATION PA99-0236, A DEVELOPMENT PLAN REVISION PROPOSAL TO RECONFIGURE A PORTION OF THE WINCHESTER MEADOWS SHOPPING CENTER BY INCORPORATING AN ABANDON WELL SITE AND RELOCATING AND ENLARGING TWO UNDEVEL- OPED PAD SITES TOTALING 1.3 ACRES; AND PLANNING APPLICATION NO. PA99-0012 A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCT OF A 5,310 SQUARE FOOT COMMERCIAL BUILDING ON .7 OF AN ACRE AND A CONDITIONAL USE PERMIT FOR THE OPERATION OF AN AUTOMOTIVE TIRE AND SERVICE STORE LOCATED ON THE NORTHWEST CORNER OF MARGARITA ROAD AND WINCHESTER ROAD, KNOWN AS ASSESSOR'S PARCELS NO. 911-170-091 AND 911-170-098 AND AS PARCEL 4 OF PARCEL MAP 28934. WHEREAS, Fred Stephenson, Cahan Properties, initiated Planning Application Nos. PA99- 0236 (Development Plan Revision) and PA99-0012 (Conditional Use Permit), in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application Nos. PA99-0236 (Development Plan Revision) and PA99- 0012 (Conditional Use Permit) were processed including, but not limited to public notice, in the timely manner prescribed by State and local law; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; WHEREAS, the Planning Commission considered Planning Application Nos. PA99-0236 (Development Plan Revision) and PA99-0012 (Conditional Use Permit) on July 21, 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 headng and after due consideration of the testimony, the Commission denied Planning Application Nos. PA99-0236 (Development Plan Revision) and PA99-0012 (Conditional Use Permit); WHEREAS, an Appeal was filed on July 30, 1999 requesting that Planning Application Nos. PA99-0236 (Development Plan Revision - Appeal) and PA99-0012 (Conditional Use Permit - Appeal) be brought before the City Council for their consideration; \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT%12pa99 CC Appl rev.doc 7 WHEREAS, the City Council received a copy of the Commission proceedings and Staff Repods regarding Planning Application Nos. PA99-0236 (Development Plan Revision) and PA99- 0012 (Conditional Use Permit); and, WHEREAS, the City Council conducted a public headng pertaining to Planning Application Nos. PA99-0236 (Development Plan Revision - Appeal) and PA99-0012 (Conditional Use Permit - Appeal) on September 14, 1999, at which time interested persons had an opportunity to, and did testify either in support or opposition to Planning Application Nos. PA99-0326 and PA99-0012; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings for Development Plan Revision. That City Council, in denying Planning Application No. PA99-0236 (Development Plan Revision - Appeal) and upholding the Planning Commission's decision to deny PA99-0236 (Development Plan Revision) hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code; A. The proposal to reconfigured the shopping center to facilitate a commercial automotive service business, is not in conformance with the land use designation and policies reflected in the Community Commercial (CC) land use standards in the City of Temecula General Plan, the Development Code, and the Design Guidelines as further discussed below: 1. In the General Plan and Development Code Community Commercial areas typically include: neighborhood commercial uses as well as larger retail uses including supermarkets, department stores, theaters, restaurants, professional and medical offices, and specialty retail stores. The inclusion of an auto service and repair facility could conflict with the intended nature of a Community Commercial center. 2. The Use Regulations for Community Commercial (CC) development contained in the City's Development Code only allows automotive service businesses as a conditionally permitted use. This application for the site reconfiguration directly and specifically related solely to the proposed Conditional Use for the Winston Tires. 3. The lot configuration as proposed placed the building pad on the corner of the lot with the building backing up to Margarita Road. With this layout the service bays of the proposed use would be visible from the public right-of-way (Winchester Road) which is in conflict with the City's Design Guidelines regarding Auto Repair and Services. This proposal is inconsistent with the City's Design Guidelines which require that Auto Repair and Service facilities be designed so that, "The interior of the work bays should not be visible form a public street." B. The original project on the site was designed for the protection of the public health, safety and welfare. However, the project as proposed would effect the welfare of the community by allowing a more intensive automotive service than is permitted in the Community Commercial zoned areas. The proposed pad locations change the character of the site by placing the building pad site on the corner closest to Winchester and Margarita Roads which takes away the original site plans concept that provide a more open and inviting view of the shopping center. C. The design of the proposed improvements could cause environmental damage to the aesthetics of the site and surrounding area depending on the proposed use and the potential need to screen any objectionable features, thus taking away from the desired street scene along Winchester Road as results from the currently approved Development Plan. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRP'R12pa99 CC Appl rev.doc 8 Section 2. Findings for Conditional Use Permit. That City Council, in denying Planning Application No. PA99-0012 (Conditional Use Permit - Appeal) and upholding the Planning Commission's decision to deny Planning Application No. PA99-0012 (Conditional Use Permit) hereby makes the following findings; A. The proposed use sought by the application, a conditional use permit for a commercial automotive service business, is not consistent with the land use designation and policies reflected in the Community Commercial (CC) land use standards in the City of Temecula General Plan, the Development Code, and the Design Guidelines as further described below: 1. Area designated Community Commercial under the General Plan and Development Code "typically include some neighborhood commercial uses as well as larger retail uses including supermarkets, department stores, theaters, restaurants, professional and medical offices, and specialty retail stores." Under this land use designation automotive service and repair facilities require a Conditional Use Permit review to determine if the additional intensity and impacts would have an effect on the character of the site and the surrounding development. The development of the Winston Tires shop would directly impact on Winchester Meadows center where the intent is to foster pedestrian interaction. 2. This site is adjacent to areas designated in the General Plan for Village Center Overlay to promote the development of centers which "provide a sense of place and focal points for community activity." The development of this project, as proposed, would conflict with the intended nature of Village Center development guidelines and would conflict with neighboring properties. Automotive service and repair businesses do not seem to be the typical gathering place envisioned by the General Plan. 3. The proposal is inconsistent with the General Plan's Community Design Plan, which states that, "The urban form must address the special character of the activity areas of the City, including the role of the commercial center," and that the urban form "is functional, conveys a 'sense of place,' and is aesthetically pleasing and sensitive to the natural environmental character of the area." 4. The proposed use has a more intensive use than is desired within the original concept of the Winchester Meadows Shopping Center. The Development Code's Use Regulations for Community Commercial (CC) Only permits automotive service businesses as a conditionally permitted use. This proposal would impact the intended character for this center for community businesses and interaction. The Development Code designates two zones, Highway Toudst (HT) and Light Industrial (LI) as areas where this type of use is permitted. These zoning designation were intended to accommodate a variety of more intensive uses. 5. The lot configuration as proposed placed the building pad on the corner of the lot with the building backing up to Margarita Road. With this layout the service bays of the proposed use would be visible from the public right-of-way (Winchester Road) which is in conflict with the City's Design Guidelines regarding Auto Repair and Services. This proposal is also inconsistent with the City's Design Guidelines which require that Auto Repair and Service facilities should be designed so that "The interior of the work bays should not be visible form a public street." B. The overall design of the project, is incompatible with the nature, condition, and development of adjacent uses, including the site, building, parking, circulation and other associated site improvements and would adversely affect the adjacent uses, buildings, or structures. The design and use of this site would conflict with the adjacent properties to the, which are required to develop under the Village Design standards of the General Plan. Therefore, the proposed use and the site design will not function in a manner consistent the adjacent uses. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT~12pa99 CC Appl rev.doc 9 C. The site of this proposed conditional use is an in-fill commercial center of an approved development plan. The development of this site is not adequate in size and shape to accommodate the proposed building in such a fashion that the service bays would not be visible from the public right-of way without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. D. The original development project on the site is designed for the protection of the public health, safety and welfare. However, the project as proposed would effect the welfare of the community by allowing a more intensive automotive service than is permitted by right in the Community Commercial zoned areas. The proposed pad locations change the character of the site by placing the building pad site on the corner closest to Winchester and Margarita Roads which takes away the original site plans concept that provide a more open and inviting view of the shopping center. E. The decision to deny the application for a conditional use permit, is based on substantial evidence in view of the record as a whole, before the Planning Commission at the time of their decision. This application has been brought before the Planning Commission at a Public Hearing where members of the community have had an opportunity to be heard on this matter before the Commission renders their decision. Section 3. The City Clerk shall certify the adoption of this Resolution. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRP'R12pa99 CC Appl rev.doc 10 Section 4. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 14th day of September, 1999. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, City Clerk of the City of Temecula, 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 14th day of September, 1999, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk \\TEMEC_FS101WOL1\DEPTS\PLANNING\STAFFRP'R12pa99 CC Appl mv.doc 11 ATTACHMENT NO. 2 CITY COUNCIL RESOLUTION NO. 99- TO APPROVE PA99-0236 (DEVELOPMENT PLAN REVISION) \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT~12pa99 CC Appl rev.doc 12 ATTACHMENT NO. 2 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99- 0236 A DEVELOPMENT PLAN REVISION PROPOSAL TO RECONFIGURE A PORTION OF THE WINCHESTER MEADOWS SHOPPING CENTER BY INCORPORATING AN ABANDON WELL SITE AND RELOCATING AND ENLARGING TWO UNDEVELOPED PAD SITES ON .7 OF AN ACRE; LOCATED ON THE NORTHWEST CORNER OF MARGARITA ROAD AND WINCHESTER ROAD, KNOWN AS ASSESSOR'S PARCELS NO. 911-170-091 AND 911-170-098 AND AS PARCEL 4 OF PARCEL MAP 28934. WHEREAS, Fred Stephenson, Winston Tires, filed Planning Application No. PA99-0236, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA99-0236 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA99-0236 on July 21, 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 headng and after due consideration of the testimony, the Commission denied Planning Application No. PA99-0236; WHEREAS, an Appeal was filed on July 30, 1999 requesting that Planning Applications No. PA99-0236be brought before the City Council for their consideration; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Reports regarding Planning Applications No. PA99-0236; WHEREAS, the City Council conducted a public hearing pertaining to Planning Applications No. PA99-0236 (Development Plan Revision - Appeal) on September 14, 1999, at which time interested persons had an opportunity to, and did testify either in support or opposition to Planning Applications No. PA99-0236; and WHEREAS, at the conclusion of the Council hearing and after due consideration of the testimony, the Council approved Planning Application No. PA99-0236; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. \\TEMEC_FS 101 \VOL1 \DEPTS\PLANNING\STAFFRPT%12pa99 CC Appl rev.doc 13 Section 2. Findings. The City Council, in approving Planning Application No. PA99-0236 hereby makes the following findings as required by Section 17.05.010. F of the Temecula Municipal Code: A. The proposal, a commercial automotive service business, is consistent with the land use designation and policies reflected in the Community Commercial (CC) land use standards in the City of Temecula General Plan, as well as the development standards for Community Commercial (CC) development contained in the City's Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of commercial development proposed. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines,, Ordinance No. 655 (Mr. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions, and fire and building codes. B. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. C. The design of the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There are no fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-site. The site is surrounded by development and is an in-fill site. Furthermore, grading has already occurred at the site, which is a portion of a larger industrial park. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No. PA99-0236 was made per the California Environmental Quality Act Guidelines Section 15332. This Section allows exemptions for in-fill development projects that meet certain prescribed criteria. The subject site complies with these criteria and therefore the exemption can be applied to this project. Section 4. Conditions. That the City of Temecula City Council hereby conditionally approves Planning Application No. PA99-0236 a Development Plan Revision which proposes to recon~gure a portion of the Winchester Meadows Shopping Center by incorporating an abandon well site and relocating and enlarging two undeveloped pad sites on a .7 of an acre, located at the northwest corner of Margarita Road and Winchester Road, known as Assessor's Parcels No. 911- 170-098 and Parcel 4 of Parcel Map 28934, and subject to the project specific conditions set forth in Exhibit A, attached hereto, and incorporated herein by this reference. \\TEMEC_FS 101WOL1 \DEPTS\PLANN ING\STAFFRPT~I 2pa99 CC Appl rev,doc 14 Section 5. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 14th day of September, 1999. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, City Clerk of the City of Temecula, 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 14th day of September, 1999, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk \\TEMEC_FS101%VOL1\DEPTS\PLANNING\STAFFRPT%12pa99 CC Appl mv.doc 15 EXHIBIT A CONDITIONS OF APPROVAL \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT%12pa99 CC Appl rev.doc 16 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA99-0236 (Development Plan, Revision) Project Description: A request to reconfigure a portion of the Winchester Meadows Shopping Center by incorporating an abandon well site and relocating and enlarging two undeveloped pad sites located on the northwest corner of Winchester Road and Margarita Road. Development Impact Fee Category: Retail Commercial Assessor's Parcel No.: Approval Date: Expiration Date: 911-170-091 & 098 and Parcel 4 of Parcel Map 28934 September 14, 1999 September 14, 2001 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) for the County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding for the Mitigated or Negative Declaration 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 has not delivered to the Community Development Department - Planning Division 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 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. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT~12pa99 CC Appl rev.doc 17 o The applicant shall comply with all underlying conditions of approval for PA97-0305 (Development Plan) and PA97-0368 (Tentative Parcel Map TPM 28697) which previously applied and/or unless superseded or amended by these conditions of approval. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The development of the premises shall conform substantially to Exhibit E (Site Plan- Revised), approved with Planning Application No. 99-0236, or as amended by these conditions. Pedestrian access shall be provide to all buildings and facilities that complies with applicable disabled access regulations including the California Disabled Access Regulations. DEPARTMENT OF PUBLIC WORKS Unless otherwise noted, the Developer at no cost to any Government Agency shall complete all conditions. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 7. Prior to Issuance of a Building Permit 8. The approved Grading Plan shall be revised to incorporate the changes and shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 9. The applicant shall provide a copy of the recorded document, which reflects that the Rancho California Water District well site has been abandoned to the Department of Public Works. 10. The Developer shall extend the existing ingress/egress easement from Parcel 4 of Parcel Map No. 28939 to this project site. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Name printed \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRP'I'%12pa99 CC Appt rev.doc 18 ATTACHMENT NO. 3 RESOLUTION NO. 99- TO APPROVE PA99-0012 (CONDITIONAL USE PERMIT) \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRP~12pa99 CC Appl rev.doc 19 ATTACHMENT NO. 3 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99- 0012 A DEVELOPMENT PLAN FOR THE DESIGN, CONSTRUCT OF A 5,310 SQUARE FOOT COMMERCIAL BUILDING ON .7 OF AN ACRE AND A CONDITIONAL USE PERMIT THE OPERATION OF AN AUTOMOTIVE TIRE AND SERVICE STORE LOCATED ON THE NORTHWEST CORNER OF MARGARITA ROAD AND WINCHESTER ROAD, KNOWN AS ASSESSOR'S PARCELS NO. 911-170-091 AND 911-170-098 AND AS PARCEL 4 OF PARCEL MAP 28934. WHEREAS, Fred Stephenson, Winston Tires, filed Planning Application No. PA99-0012, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA99-0012 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA99-0012 on July 21, 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 hearing and after due consideration of the testimony, the Commission denied Planning Application No. PA99-0012; WHEREAS, an Appeal was filed on July 30, 1999 requesting that Planning Applications No. PA99-0012 be brought before the City Council for their consideration; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Reports regarding Planning Applications No. PA99-0012; WHEREAS, the City Council conducted a public headng pertaining to Planning Applications No. PA99-0012 (Conditional Use Permit -Appeal)on September 14, 1999, at which time interested persons had an opportunity to, and did testify either in support or opposition to Planning Applications No. PA99-0012; and WHEREAS, at the conclusion of the Council hearing and after due consideration of the testimony, the Council approved Planning Application No. PA99-0012; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRP~12pa99 CC Appl rev.doc 20 Section 2. Conditional Use Permit Findings. The City Council, in approving Planning Application No. PA99-0012 hereby makes the following findings as required by Section 17.05.010.E of the Temecula Municipal Code: A. The proposal, a conditional use permit for a commercial automotive service business, is consistent with the land use designation and policies reflected in the Community Commercial (CC) land use standards in the City of Temecula General Plan, as well as the development standards for Community Commercial (CC) development contained in the City's Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of commercial development proposed. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines,, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions, and fire and building codes. B. The overall design of the project, is compatible with the nature, condition, and development of adjacent uses, including the site, building, parking, circulation and other associated site improvements and will not adversely affect the adjacent uses, buildings, or structures. The project has been reviewed for, and as conditioned has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent the adjacent uses, buildings, or structures. C. The site of this proposed conditional use is an in-fill site of an approved development plan. The development of this site adequate in size and shape to accommodate the building while meeting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. D, The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. Base on the type of use as proposed and as conditioned, will not be detrimental to the health, safety and general welfare of the community E. 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 Planning Commission at the time of their decision. This application has been brought before the Planning Commission at a Public Hearing where members of the community have had an opportunity to be heard on this matter before the Commission renders their decision. Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No. PA99-0236 and PA99-0012 were made per the California Environmental Quality Act Guidelines Section 15332. This Section allows exemptions for in-fill development projects that meet certain prescribed criteria. The subject site complies with these criteria and therefore the exemption can be applied to this project. Section 4. Conditions. That the City of Temecula City Council hereby conditionally approves Planning Application No. PA99-0012 for a Development Plan for the design, construct of a 5,310 square foot commercial building on .7 of an acre and a Conditional Use Permit the operation of an automotive tire and service store, located at the northwest comer of Margadta Road and Winchester Road, and known as Assessor's Parcel No. 911-170-098 and Parcel 4 of Parcel Map 28934, and subject to the project specific conditions set forth in Exhibit A (Development Plan), and Exhibit B (Conditional Use Permit), attached hereto, and incorporated herein by this reference. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT~12pa99 CC Appl rev.doc 21 Section 5. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 14th day of September, 1999. Steven J. Ford, Mayor ATTEST: Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, City Clerk of the City of Temecula, 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 14th day of September, 1999, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPTH2pa99 CC Appl rev.doc 22 EXHIBIT A CONDITIONS OF APPROVAL (DEVELOPMENT PLAN) \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRP~12pa99 CC Appl rev.doc 23 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA99-0012 (Development Plan - Winston Tire Store) Project Description: A proposal to build and operate a 5,310 square foot tire store for tire sales and installation with additional automotive service and repair located on the northwest corner of Winchester Road and Margarita Road. Development Impact Fee Category: Service Commercial Assessor's Parcel No.: Approval Date: Expiration Date: 911-170-091 & 098 and Parcel 4 of Parcel Map 28934 July 21, 1999 July 21, 2001 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) for the County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding for the Mitigated or Negative Declaration 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 has not delivered to the Community Development Department - Planning Division 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 board or legislative body including actions appreved 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. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT~12pa99 CC Appl rev.doc 24 The applicant shall comply with all conditions of approval for Planning Application No. PA99- 0012, unless superseded by these conditions of approval. All these conditions shall be complied with prior to any occupancy or use allowed by this conditional use permit. The applicant shall comply with all underlying conditions of approval for PA97-0305 (Development Plan), PA97-0368 (Tentative Parcel Map TPM 28697) and PA99-0236 (Development Plan, Revision) which previously applied and/or unless superseded or amended by these conditions of approval. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The development of the premises shall conform substantially to Exhibit F (Site Plan), approved with Planning Application No. 98-0512, or as amended by these conditions. The development of the building shall conform substantially to Exhibit H (Elevations), approved with Planning Application No. 98-0512, or as amended by these conditions. The installation of the landscaping and screen wall along Winchester shall be in substantial conformanco with the site and landscape plans (Exhibits F & I) for the purpose of screening the view of the service bays from the public right-of-way. Pdor to the release for occupancy staff will assess the installation of the screening materials to verify that they provide the intended screening. Should the screening be deficient the Planning Manager shall have the authority to require the developer to provide additional screening to meet the intent of the City's Design Guidelines. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. Landscaping shall conform substantially with the approved Conceptual Landscape Plan (Exhibit I), and the criteria set forth in the General Plan, or as amended by these conditions. Landscaping installed for the project shall be continuously maintained to the satisfaction of the Planning Manager and the Development Code. If it is determined that the landscaping is not being maintained, the Planning Manager shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT~12pa99 CC Appl rev.doc 25 10. The colors and materials used for this industrial building shall conform substantially to the approved color and material board, or as amended by these conditions. Material Color Exterior Plaster wall and columns Base Accent Band Cornice and Accent Secondary Field Canvas Awnings Tile and Metal Roof Prior to the Issuance of Grading Permits Frazee #CW055X "Honeywind" (white) Frazee #8733M "Walnut Wash" (beige) Frazee #8243M "Amber Waves" (tan) Frazee #8733M ,'Walnut Wash" (beige) Frazee #7764M "Coffee 'N Cream" (tan) Frazee #7794M "Appealing Apricot" (apricot) Sunbrella #-4623 "Aquamarine" (aquamarine) AEP. Span "Hemlock Green (olive green) Summetville 552 "Verdigris" (aqua green) 11. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints each of the Color and Materials Board and the colored architectural Elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 12. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. 13. The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Community Development Department - Planning Division for their files. Prior to the Issuance of Building Permits 14. All mechanical and roof-mounted equipment shall be hidden by building elements that were designed for that purpose as an integral part of the building. 15. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 16. Three (3) copies of detailed Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for review approval. The location, number, genus, species, and container size of the plants shall be shown. These plans shall be consistent with the Water Efficient Ordinance and conform substantially to the approved Conceptual Landscape Plan (Exhibit I) or as amended by these conditions. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of planrings and irrigation (in accordance with the approved plan). \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT~12pa99 CC Appl rev.doc 26 Prior to the Issuance of Occupancy Permits 17. Separate building permit applications for the installation of signage shall be submitted in conformance with City Ordinances, Design Guidelines, and Development Code. 18. All required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Planning Manager. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 19. Performance securities, in amounts to be determined by the Planning Manager, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plans, shall be filed with the Community Development Department - Planning Division for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Planning Manager, the bond shall be released. 20. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning 909 696-3000." In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. BUILDING AND SAFETY DEPARTMENT 21. Comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1996 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 22. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 23. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRP~12pa99 CC Appl rev.doc 27 24. Obtain all building plans and permit approvals prior to commencement of any construction work. 25. The Occupancy classification of the proposed buildings shall be S-3/B. 26. Obtain street addressing for all proposed buildings prior to submittal for plan review. 27. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 28. Provide disabled access from the public way to the main entrance of the building. 29. Provide van accessible parking located as close as possible to the main entry. 30. Show path of accessibility from parking to furthest point of improvement. 31. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 32. Restroom fixtures, number and type, to be in accordance with the provisions of the 1994 edition of the Uniform Plumbing Code, Appendix C. 33. Provide an approved automatic fire sprinkler system. 34. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 35. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 36. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 37. Provide precise grading plan for plan check submittal to check for handicap accessibility. 38. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 39. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. PUBLIC WORKS DEPARTMENT Unless otherwise noted, the Developer at no cost to any Government Agency shall complete all conditions. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. \\TEMEC_FS101~VOL1\DEPTS\PLANNING\STAFFRPT~12pa99 CC Appl rev.doc 28 General Requirements 40. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 41. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 42. An Encroachment Permit shall be obtained from the Califomia Department of Transportation prior to commencement of any construction within an existing or proposed State right-of- way. 43. All improvement plans and grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of a Grading Permit 44. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and pdvate property 45. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 46. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 47. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. The Developer shall provide any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements. 48. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 49. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRP'D.12pa99 CC Appl rev.doc 29 50. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 51. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. 52. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 53. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone A. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. Prior to Issuance of a Building Permit 54. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula Standard No. 207A. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401and 402. All street and driveway centerline intersections shall be at 90 degrees. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 55. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 56. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 57. The Developer shall extend the existing ingress/egress easement from Parcel 4 of Parcel Map No. 28939 to this project site. Prior to Issuance of a Certificate of Occupancy 58. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works \\TEMEC_FS101\VOLI\DEPTS\PLANNI NG\STAFFRP'R12pa99 CC Appl rev.doc 30 59. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 60. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 61. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 62. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix Ill.A, Table A-Ill-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a total fire flow of 2350 GPM with a 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix II1- A) 63. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-Ill-B-1. A combination of on-site and off-site super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B) 64. As required by the California Fire Code, when any portion of the building(s) is in excess of 150 feet from a water supply on a public street, on site fire hydrants are required. For this project on site fire hydrants are required. (CFC 903.2) 65. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) 66. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) \\TEMEC_FS101\VOL1 \DEPTS\PLANNING\STAFFRP'R12pa99 CC Appl rev,doc 31 67. 68. 69. 70. 71. 72. 73. 74. 75. Prior to building final, all locations where structures are to be built shall have approved Fire Depadment vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet. ( CFC sec 902) Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1 ) Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) Prior to issuance of a Certificate of Occupancy or building final, all commercial buildings shall display street numbers in a prominent location on the street side of the building. The numerals shall be minimum twelve (12) inches in height for buildings and six (6) inches for suite identification on a contrasting background. In strip centers, businesses shall post the suite address on the rear door(s). (CFC 901.4.4) Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. The Knox-Box shall be supervised by the alarm system. (CFC 902.4) \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT~12pa99 CC Appl rev.doc 32 OTHER AGENCIES 76. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal January 27, 1999, a copy of which is attached. 77. The applicant shall comply with the recommendations set forth in the Rancho California Water Districts transmittal January 25, 1999, a copy of which is attached. 78. The applicant shall comply with the recommendations set forth in Riverside Transit Agency transmittal January 26, 1999, a copy of which is attached. 79. The applicant shall comply with the recommendations set forth in CALTRANS transmittal January 26, 1999, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Name printed \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT~12pa99 CC Appl rev.doc 33 EXHIBIT B CONDITIONS OF APPROVAL (CONDITIONAL USE PERMIT) \\TEMEC_FS101\VOL1 \DEPTS\PLANNING\STAFFRP'R12pa99 CC Appl rev.doc 34 EXHIBIT B CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA99-0012 (Conditional Use Permit- Winston Tire Store) Project Description: A proposal to build and operate a 5,310 square foot tire store for tire sales and installation with additional automotive service and repair located on the northwest corner of Winchester Road and Margarita Road. Development Impact Fee Category: Service Commercial Assessor's Parcel No.: Approval Date: Expiration Date: 911-170-091 & 098 and Parcel 4 of Parcel Map 28934 September 14, 1999 September 14, 2001 PLANNING DEPARTMENT 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 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 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 this approval. The applicant shall comply with all conditions of approval for Planning Application No. PA99- 0012, unless superseded by these conditions of approval. All these conditions shall be complied with prior to any occupancy or use allowed by this conditional use permit. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRP'R12pa99 CC Appl rev.doc 35 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 installation of the landscaping and screen wall along Winchester shall be in substantial conformance with the site and landscape plans (Exhibits F & I) for the purpose of screening the view of the service bays from the public right-of-way. Pdor to the release for occupancy staff will assess the installation of the screening materials to verify that they provide the intended screening. Should the screening be deficient the Planning Manager shall have the authority to require the developer to provide additional screening to meet the intent of the City's Design Guidelines. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. At the end of the first year of occupancy, and prior to the release of the Landscape Security Bond, the landscaping will be inspected for conformance with the screening requirement. Should replacement landscaping be needed the owner will be required to make these improvements. The use of window signs will be limited to those permitted by the City's Sign Ordinance No. 98-10 and in no case shall more than 20% of the window areas be used for signage. OTHER AGENCIES The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated June 17, 1998, a copy of which is attached. By placing my signature below, I confirm that I have read, I understand and I accept all the above mentioned Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Name printed \\TEMEC_FS101%VOL1 \DEPTS\PLANNING\STAFFRPT%12pa99 CC Appl rev.doc 36 ATTACHMENT NO. 4 APPEAL OF PLANNING APPLICATION NO. PA99-0236 AND PA99-0012 \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRP'R12pa99 CC Appl rev.doc 37 City of Temecula Community Development Department 43200 Business Park Drive · Temecula · CA · 92590 P,O, Box 9033, Temecula · CA · 92589-9033 (909) 694-6400 · FAX (909) 694-6477 Date Stamp Appeal SEE Original Case Number(s) A. PURPOSE ATTACHED LETTER PA99-0236-LOT FOR ALL ITEMS RECONFIGURATION PA99-0012-WINSTON TIRE The purpose of the appeal procedure is to provide a method of recourse for persons aggrieved by or dissatisfied with an action taken by an administrative agency of the City in the administration or enforcement of any provisions of the Development Code. B. FIIXNG REQUIRF, MFNTS l. Development Application. 2. Appeal Form. 3. Filing Fee. C. NOTICF. OF APPEAl. - TIIVfE 1 IMIT A notice of an appeal by any individual who is aggrieved by or dissatisfied with a decision made by him or in his behalf, or with any action, order, requirement, decision or determination shall not be acted upon unless filed within ~ (15) calendar days after service of written notice of the decision. D. NOTICE OF APPF-AI.- CONTF. NTS Appealing the decision of.' PLANNING COMMISSION 7/21/99 (Specify Director of Planning or Planning Commission AND Action Date) Specify exactly what is being appealed: w~. AR~. APPRAI,TNG THE DECISION OF THE COMMISSION TO DENY THE RECONFIGURATION OF THE WINCHESTER MEADOWS i'SHOPPING CENTER (PA-0236) AND THE CONDITIONAL USE PERMIT CONSTRUCTION OF A NEW WINSTON TIRE STORE (PA99-0012. PLANNING FOR THE."';'Zi 7. . ; R:\FAGAI~IXAPPLIC\APP.APP 7/16/97 k],b Reason or justification to support the appeal. Appellant must submit with this appeal each issue which the appellant alleges was wrongly determined together with every agreement and a copy of every item of evidence. (Attach separate sheet of paper if necessary). FOR PA99-0236: THIS ITEM WAS NOT DISCUSSED BY THE COMMISSION AND WAS INADVERTENTLY DENIED ALONG WITH PA99-0012. IT SHOULD BE RECONSIDERED ON ITS OWN MERIT AND VOTED UPON AS A SEPARATE ISSUE. THERE IS NO REASON TO DENY THIS ITEM BASED UPON ITS USE. FOR PA-0012: THE~.:COMMtSSION.:'WRONGLY DETERMINED THAT THIS USE WAS INCONSISTENT WITH THE DEVELOPMENT CODE. PER THE STAFF REPORT (7/21/99) PAGE 4 UNDER THE PARAGRAPH TITLED "GENERAL PLAN AND ZONING CONSISTENCY" IT STATES THAT "THE PROJECT IS CONSISTENT WITH THE COMMUNITY COMMERCIAL (CC) LAND USE DESIGNATION AND THE COMMUNITY COMMERCIAL (CC) ZONING APPLICABLETO THE PROPERTY IN THE TEMECULA GENERAL PLAN AND DEVELOPMENT CODE". THE COMMISSION DID NOT"BASE ITS DECISION ON THE OBJECTIVE FACTS THAT ARE CLEARLY DEFINED IN THE STAFF REPORT. THEREFORE, WE FEEL THAT THIS DECISION IN INCORRECT AND SHOULD BE SUCCESSFULLY APPEALED. Desired action to be taken: WE REOUEST THAT THE CITY COUNCIL APPROVE THIS APPEAL FOR PA99-0236 AND PA99-0012 In the event any Notice of Appeal applicant fails to answer any information set forth above, then the request will be returned to the appellant, with a statement of the deficiencies. The appellant shall be allowed five (5) calendar days in which to refile the notice of appeal. ~.:\FAGAM4~APPI, IC\APPoAPP 7/16/97 klb 2 Appeal to the City Council of Planning Commission necision to deny Planning Application No. PA99-0236 and No. PA99-0012 At the Planning Commission meeting held July 21, 1999 the Commission denied the above applications. This letter is being submitted as a formal appeal of that denial. The City's form titled 'Appeal" has been completed and is attached as a supplement to this letter. As noted above, there are two Planning Application numbers. Since these applications are not related to one another we request the Council to act on them as separate items. Therefore, we have separated the descriptions of these items below. Planning Application No. PA99-0936 - Iot Recon~gurafion (Ploa3c refer to sitc planc in Exhibit E)-(Please see Attachment 6, Exhibits D, E & F) This application is a request to reconfigure a portion of the Winchester Meadows Shopping Center by incorporating the abandoned well site and relocating and enlarging two undeveloped pads. The original Winchester Meadows site plan was approved as Application No. PA97-0305 on 12/15/97. At that time the well site was owned by another party and was not part of the Winchester Meadows site. In 1999 the Applicant purchased the abandoned well site to incorporate it into the design of the shopping center resulting in a safer and more pleasing design for the corner of the site. The inclusion of the well site made it necessary to reconfigure the lot lines to include the well site into the overall shopping center design. This application simply involves surveying and a necessary lot line adjustment to make the resulting lots usable. It does not affect the "use" of the site. This item was not discussed by the Commission at the meeting and was mistakenly denied as part of No. PA99-0012. We request that this item be approved separately from No. PA99-0012. Planninq Application No. PA99-001 :~ - Conditional Use Permit for a Winston Tire Store (Plca3c rofcr to plans in Exhibit E) (Please see Attachment 6, Exhibits D, E, F & G) This application is for the approval of a Conditional Use Permit to build and operate a 5,310 square feet Winston Tire store with tire sales and installation, and automotive service and repair. This item was denied at the July 21, 1999 meeting. Based on statements made by some members of the Commission it is our understanding that it was denied because (paraphrasing statements made by some commissioners) "there are already too many auto related uses on this street" and "1 thought we were going to have a more pedestrian related use for this site". We feel these statements are vague, arbitrary and simply do not address the City's own criteria for considering the suitability of a project under consideration for a conditional use permit. It should be noted that per the Development Code Table 17.08.030, page 59, (copy attached, see Exhibit C) "Automobile service stations with or without an automated car wash" is permitted without a conditional use permit. Certainly this is much less pedestrian oriented than the use proposed in this application. We feel that the best arguments in favor of this application are contained in the Staff Report issued by the Planning Department-(-eepy- (See Attachment 6} :,:,t 9) . It contains ahighly detailed analysis, based on the City's codes, as to why this project meets all requirements that are relevant to the approval of this project. The essence of the report is contained on page 4 under the heading "GENERAL PLAN AND ZONING CONSISTENCY - The project has been determined by the staff to be consistent with the Community Commercial {CC) land use designation and the Community Commercial (CC) zoning applicable to the property in the Temecula General Plan and Development Code. Upon approval of the Development Plan revision and the Conditional Use Permit as conditioned, the project will meet all of the guidelines and standards for commercial development prescribed by the Development Code and Design Guidelines'. (emphasis added by applicant) Further, we feel that the project will offer Temecula's consumers an esthetically pleasing facility that offers auto related services at highly competitive prices. It should be noted that, Winston Tires has been operating a store in Temecula for about 10 years (currently located on Jefferson Ave.). This existing store will be closed when the new store at Winchester Meadows is opened. Thus the approval of this project will not be adding another store to the total already in the city, but simply replacing an old store with a new facility. One last point relates to the City's Development Code Chapter 17.04, section 17.04.010, item C,2, page 23 (copy attached, see Exhibit C). This states that "if the conditional use permit involves a new building with less than 10,000 square feet, the director of planning shall have the authority to approve, conditionally approve, or deny an application for a conditional use permit". As stated previously, the building under consideration is 5,310 square feet. Should this project have been submitted to the Planning Commission in the first place? It is our opinion that it should not have been submitted to the Planning Commission and that, in fact, its submittal is in direct conflict with the Development Code. In conclusion, we respectfully request that the Council approve this application and base that approval upon the findings and recommendations of the Staff Report. Please feel flee to call on us or our consultants at your convenience should you wish to discuss this matter in further detail. Sincerely, Bob Cahan (Applicant) Tom Davis (project architect) Auto Service ~ Repair July 29, 1999 The Mayor and Council Members City of Temecula 43200 Business Park Drive Temecula, CA 92590 WINCHESTER MEADOWS SHOPPING CENTER NEC WINCHESTER ROAD / MARGARITA ROAD TEMECULA, CALIFORNIA Dear Mayor and Council Members: We recently learned that our application for a new Winston Tire Store at the above location was denied by your Planning Commission on July 21, 1999. We would genuinely hope that you would reconsider this decision, and in support of that would like to provide some background on our previous association with Temecula. First and of greatest importance is that we wish to continue doing business in your city. We first came to Temecula nearly 10 years ago, as one of your farst tire and automotive retail stores, and took over a closed, two-screen theatre location in Winchester Square, located on the west side of Interstate 15 and anchored by Stater Brothers Market. We are currently near the end of that lease and as the commercial area has both changed and moved to the east, we must relocate our store in order to be successful in the market and to have a similar location to our competitors, most of whom have existing stores along Winchester Road near our proposed new site. Our proposed new location will feature our 1999 prototype, offering a more modern and convenient store for our customers in Temecula. We feel we will be a very positive addition to the Winchester Meadows Shopping Center and would ask for your support of our efforts. Yours truly, Oliver & Winston, Inc. M~ic elle Peters Lease Administrator Winston Tire Company · 900 W. Alameda, Burbank, CA 91506 · (818) 972-1200 or (800) 289-7267 ° Fax (818) 954-9433 Exhibit C CHAFFER 17.08 COMMERCIAL/OFFICE/INDUSTRIAL DISTRICTS SECTIONS: 17.08.010 17.08.020 17.08.030 17.08.040 17.08.050 17.08.060 17.08.070 17.08.080 Purpose and intent. Description of commercial/office/industrial districts. Use regulations. Development standards. Special use regulations and standards. Landscape requirements and standards. Commercial/office/industrial performance standards. Environmental standards. 17.08.010 PURPOSE AND INTENT. The following zoning districts are intended to provide regulations for the safe, efficient and creative design of the commercial, office and industrial areas within the city. The zoning districts are intended to be consistent with the land use designations that are described in the land use element of the Temecula general plan. In certain situations several zoning districts are established to implement the goals and objectives of the general plan. The commercial/office/industrial zoning districts are intended to permit the range of industrial or commercial uses in areas where uses are consistent with the general plan. It is further intended to accomplish the following: Provide for appropriate commercial areas to provide the city with a sound retail and industrial base with employment opportunities for the commtmity. To ensure compatibility of retail commercial and office uses with adjacent land uses and to minimize traffic congestion and overloading of the city' s utility systems. To encourage and assure that new commercial and industrial development will be planned in a comprehensive manner with high standards of architecture, landscape and site design. (Oral. 95-16 § 2 (par0) 17.08.020 DESCRIPTION OF COMMERCIAL/OFFICE/INDUSTRIAL DISTRICTS. The purpose and intent of the zoning districts are described as follows: Neighborhood Commercial (NC). The neighborhood commercial designation includes smaller-scale business activities which generally provide retail or convenience services for the local residents in the surrounding neighborhood. Typical uses include traditional small food markets (floor area less than twenty-five thousand square feet), drug stores, clothing stores, sporting goods, offices, hardware stores, child care and community facilities. B, Community Commercial (CC). The community commercial designation includes retail, professional office and service-oriented business activities which serve the entire community. Community comanercial areas typically include some neighborhood cormnercial uses as well as R:\DEVCODE\FINAL\TLM17 1.WPD 9/9/98 larger retail uses including department stores, theaters, restaurants, professional offices, specialty ""Y'~emil stores and shopping centers. Highway/Tourist Commercial (HT). The highway commercial designation is intended to provide for those uses that are located adjacent to major transportation routes or within convenient access from freeway interchanges. Highway commercial development should be located near major arterials, and developed as clusters of commercial development rather than permitted to extend along the major streets. Typical uses may include tourist accommodations and lodging facilities, automobile service stations, restaurants, convenience shopping, and food stores, and gift shops. Service Commercial (SC). The service commercial designation is intended to provide for intensive commercial uses and selected light manufacturing uses that typically require extensive floor area. Typical uses include home improvement stores, discount retail stores, furniture stores, auto dealerships and auto service and repair. Warehousing and light manufacturing may be permitted as supporting uses for a business that is consistent with the service commercial designation. Professional Office (PO). The professional office designation includes primarily single-tenant or multi-tenant offices and may include supporting uses. The office developments are intended to include low rise offices situated in a landscaped garden arrangement and may include mid-rise structures at appropriate locations. Typical uses include legal, design, engineering or medical offices, corporate and governmental offices, community facilities. Limited supporting convenience retail and personal service (such as dry cleaners, barbers, shoe repair shop) commercial may be permitted to serve the needs of the on-site employees. A maximum of fifteen percent of the total square footage of the floor area shall be devoted to retail or personal service uses. Business Park District (BP). It is the intent of the business park zoning designation to develop well designed business and employment centers that include attractive and distinctive architectural design, innovative site planning, and substantial landscaping and visual quality. Typical uses may include administrative offices, research and development laboratories, custom made product manufacturing, processing, assembling, packaging, and fabrication of goods, such as jewelry, furniture, art objects, clothing, on-site wholesale of goods produced, and labor intensive manufacturing, assembly, and repair processes which do not involve frequent truck traffic. Retail uses are not permined in this zoning district except as supporting a principal business park use (limited to fifteen percent (15 %) of the square footage of the development). Light Industrial District (LI). It is the intent of the light industrial zoning designation to promote the development of attractive comprehensively planned industrial uses that will help to provide the city with a sound and diverse industrial base. This district allows for a wide variety of industrial uses including manufacturing, compounding of materials, processing, assembling, packaging, treatment or fabrication of materials, and products which require frequent truck activity or the transfer of heavy or bulky items. Wholesaling, storage and warehousing within enclosed building, storage and wholesale to retailers from the premises of f'mished goods and food products are also allowed. Also included in this zoning district are the following uses; warehousing, freight handling, shipping, truck services and terminals, storage and wholesaling from the premises of unrefmed raw or semirefined products requiring further processing or manufacturing. Storage of raw or finished materials may occur outside providing there is adequate screening from adjoining land use areas. Standards are provided to protect adjoining uses from excessive noise, odor, smoke toxic materials, and other potentially objectionable impacts. (Oral. 96-19 § 2(EE)(part); Ord. 95-16 § 2 (part); Ord 97-17 § 2(D)) R:\DEVCCDE\FiNILL\TLM17 I.WPD 9/9/98 klb 57 C Description of Use Automobilesales (brokerage)--showroom only (new and used)--no outdoor display Automobile repair services Automobile rental Automobile painting and body shop Automobile salvage yards/impound yards Automobile service stations with or without an automated car wash Automotive oil change/lube services with no major repairs Automotive parts--sales Automotive service stations selling beer and/or wine--with or without an automated car wash B Bakery goods distribution Bakery retail Bakery wholesale Banks and financial institutions Barber and beauty shops Bed and breakfast Bicycle (sales, rentals, services) Billiard parlor/poothall Binding of books and similar publications Blood bank Blueprint and duplicating and copy services Bookstores Bowling alley Building material sales (with exterior storage/sales areas greater than 50 percent of total sales area) Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts C C C I SC P P P C P P P - C' P P P P P P C1 P CI P P P P P P - C P P P P C C P P - p P P P P P P PO C C1 BP ~ LI - C - p - p P C C P P - p C1 C! P P P P P P P P P .P P P P P - C - P P C - p P P P P P P P P P p - _ _ p - . _ P P I R:\DEVCCDE\FINAL\TLM!7 I.WPD 9/9/98 Use variations in the building footprints and facades. Such variations should be proportional to the overall bulk of the buildings with variations being greater for large buildings. Use a variety of shapes and forms including architectural projections such as roof overhangs, box windows, stairways, balconies, and cantilevers that create shadows on the buildings. Use conn-asting vertical and horizontal elements that help to break the visual mass of the facade into smaller areas. Divide the bulk of the roof into smaller areas to reduce the apparent scale of the building and provide visual interest. The roof can be designed with varying heights and slopes to contrast with a fiat roof. Where the character or scale is identifiable, new development should be designed to maintain that character and to be compatible with that scale. In areas where the character is not identifiable, new development should be designed to be complementary or consistent with desirable characteristics of the surrounding area in a way that contributes to the establishment of a positive character and scale for the area through the use of similar or complementary materials, colors, or building forms and design details. Development should be designed to minimize detrimental impacts on surrounding properties, including, but not limited to, visual, noise, air quality and other environmental impacts. Strategies for minimizing the impacts include protecting residential areas adjacent to commercial development through screening of circulation areas, loading areas and trash collection points or other areas that could potentially be disruptive to the residential character of the adjacent area. C. Commercial Development Performance Standards. 1. Circulation. Limit egress and ingress to commercial areas to common entrance points. Orient most of the vehicular access from side streets rather than directly from major arterial. b, Separate vehicular and pedestrian circulation systems should be provided if possible. Pedestrian linkages between uses in the commercial areas should be provided. In shopping centers, provide separate pedestrian walkways from parking areas to the major commercial tenants. Whenever possible, parking lots should be designed to separate vehicular circulation routes from parking aisles. 2. Architectural Design. C Large buildings should be designed in such a manner to avoid excessive mass and bulk. This can be accomplished by dividing the building form, varying the height of the roof structure and by creating offsets in the exterior walls. R:\DEVCODE\FiNAL\TLM17_!.WpD 9/9/98 klb 8 0 C b, The lower floors of commercial structures should not have blank wails. Windows, trellises, wall articulation, and entrances can provide relief along expansive wall surfaces. Upper portions of multistory com.mercial structures can be stepped-back to reduce the bulk and mass of the buildings and to preserve pedestrian scale. Site Planning and Design. a, Pedestrian amenities in commercial developments should be provided to enhance the opportunities for pedestrian circulation and social activities. Strategies to achieve this high degree of pedestrian orientation and activity include, but are not limited to, the following: Orient the design of the buildings to the scale of pedestrian. First floor uses should be primarily retail commercial, restaurants, or public use areas. Windows and door entrances should be located on the ground floor to encourage pedestrian activity. Large expanses of uninterrupted wall surfaces should not be permitted. ii. Provide covered or enclosed walkways between the buildings on the site. 111. Provide pedestrian plazas and sidewalks of sufficient width adjacent to buildings along with amenities such as special lighting, interesting paving materials, landscaping benches and other street furniture. Whenever possible, new sumctures should be clustered. This creates plazas or pedestrian malls instead of rows of commercial or ~Strip commercial." Separate structures can be linked with arcades, trellis or clearly clef'reed walkway. C, Minimize conflicts between pedestrian and vehicular traffic as much as possible by orienting pedestrian circulation areas parallel with the flow of traffic through the parking areas. do Loading facilities shall not be located in front of structures without screening. These facilities are most appropriately located at the rear of the structures where screening can be minimal or not needed. Open space areas should be concentrated or clustered into larger more meaningful spaces at areas of significant activity, rather than dispersed into small areas of low impact or on the periphery of the site. Compatibility. When a commercial structure is located adjacent to a residential neighborhood additional setbacks from the residentially zoned area shall be required. Multistory buildings may be stepped back to preserve the scale of the adjacent low rise StrucRlres. Industrial Development Performance Standards. 1. Circulation. R:\DEVCODE\FiNAL\TLM17 1.WPD 9/9/98 ~lb 8 1 CHAPTER 17.04 PERMITS SECTIONS: 17.04.010 17.04.020 17.04.030 17.04.040 Conditional use permits. Temporary. use permits. Home occupation permits. Variances. 17.04.010 CONDITIONAL USE PERMITS. Purpose and Intent. A conditional use permit is intended to allow the establishment of those uses which have some special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. The conditional use permit provides the city with the means to review the location, design, configuration of uses, and potential impact and compatibility with the surrounding area. No conditional use permit or permit granting a variance shall have any force or effect until the applicant thereof actually receives such permit signed by the secretary of the planning commission designating the conditions of its issue thereon, and executes his or her written consent to the conditions imposed. No permit shall be issued until the time for filing an appeal from decisions of the planning commission as provided in Section 17.03.090 has expired, or in the event of such appeal, after the final determination thereof by the city council. Application Requirements. Applications for conditional use permits shall be completed in accordance with Section 17.03.030 of this development code. C. Authority. Conditional use permits shall require a public hearing as follows: If the conditional use permit involves an existing building, the director of planning shall have the authority to approve, conditionally approve or deny an application for a conditional use permit. Decisions of the director of planning may be appealed to the Planning Commission, pursuant to Section 17.030.090. If the conditional use permit involves a new building with less than 10,000 square feet, the director of planning shall have the authority to approve, conditionally approve, or deny an application for conditional use permit. Decisions of the director of planning may be appealed to the Planning Commission, pursuant to Chapter 17.03.090. , If the conditional use permit involves a new building with 10,000 square feet or greater, the Planning Commission shall have the authority to approve, conditionally approve, or deny an application for conditional use permit. Decisions of the Planning Commission may be appealed to the City Council, pursuant to Section 17.03.090. Hearing and Notice. Upon the determination that a conditional use permit application is complete, a public hearing shall be scheduled with the director of planning or the planning commission. Notice of the time, date and place of public hearing shall be given as provided in Section 17.03.040 of this code. R:\DEVCODE\FINAL\TEM!7 1.WPD 9/9/98 klb 2 3 Findings. In considering applications for conditional use permits, the hearing body, with such conditions as are deemed reasonable in approving or conditionally approving the use, shall find the use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health. safety. or general welfare. To approve or conditionally approve a conditional use permit, the planning commission or planning director (or planning commission and cirv council on appeal) must make the following findings: ao The proposed conditional use is consistent with the general plan and the development code. 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 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 this development code and required by the platruing commission or council in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. That the' decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the planning commission or city council on appeal. Conditions of approval imposed by the planning director, planning commission or city council on appeal for a conditional use may involve any pertinent factors affecting the establishment, operation or maintenance of the requested use. Any conditional use permit granted or approved hereunder shall be approved or conditionally approved with the city, and its planning commission and city council retaining and reserving the right and jurisdiction to review and to modify such conditional use permit--including the conditions of approval--based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the business, a change in scope, emphasis, size, or nature of the business, and the expansion, alteration, recon~guration or change of use. The reservation of right to review any conditional use permit approved or conditionally approved hereunder by the city, its planning commission and city council, is in addition to, and not in lieu of, the right of the city, its planning commission and city council, to review and revoke or modify any conditional use permit approved or conditionally approved hereunder for any violations of the conditions imposed on such conditional use permit or for the maintenance of any nuisance condition or other code violation thereon. Notice of Decision. Notice of decision upon an application for a conditional use permit shall be in accordance with Section 17.03.040(E) of this development code. R:\SEVCCDE\FiNAL\T-2M17 i.W~D 9/9/98 kid 2~ Expiration of Conditional Use Permit. Within two years of approval of a conditional use permit, commencement of use shall have occurred or the approval shall be subject to expiration. Commencement of use shall be defined by the issuance of a building permit for conditional uses involving new construction or the actual occupancy of an existing structure for a conditional use not involving new construction. If after three years, the commencement of the use for which a conditional use permit was issued has not occurred, the planning director may provide a notice to the permit holder that the conditional use permit is subject to expiration and that a public hearing before the planning commission will be held to determine whether or not the planning commission shall determine that the conditional use permit expired. Notice of the hearing shall be given in accordance with Section 17.03.040. The planning commission shall take evidence regarding what use, if any, the permit holder has made of the conditional use permit and determine if such use is significant to justify extending or continuing the conditional use permit. Additionally, if after commencement of the use under the conditional use permit, the active use of the conditional use permit is discontinued for a period of three years, then the conditional use permit shall be deemed abandoned. Time Extension. Notwithstanding the foregoing, the permittee may, prior to the expiration of the conditional use permit, apply for up to three one-year extensions of time in which to use the plot plan. Each extension of time shall be granted in one-year increments only. An application for an extension of time shall be made to the planning director, on forms provided by the planning department and shall be filed with the planning department, accompanied by the appropriate filing fee. Within thirty days following the filing of an application for an extension of time, the planning director may approve, conditionally approve or deny the application. An extension of time may be granted by the planrang director only upon a determination that the property and use are consistent with the general plan, land use ordinance, and all other city ordirances and regulations. If an extension is granted, the total time allowed for use of the approval shall not exceed a period of five years, calculated from the effective date of the approval. Any conditional use permit which is not used within the time specified in the grant of approval, or, if no time is specified, within one year of the effective date of such approval, shall become subject to termination. The planning commission may extend such approval for a period not to exceed one vear. Provided an application requesting the extension is filed prior to the original expiration date. For purposes of this section, "used" means the commencement of construction activity or any activity authorized by the grant of approval or conditional approval. Any proceeding to enforce the expiration of any conditional use permit or variance granted hereunder shall commence with notice to the permit holder of the ciry's intent to enforce the same and following the hearing requirements of the following paragraph. Before the city council considers termination or revocation of any zoning permit, conditional use permit. or variance, the planning commission shall hold a hearing thereon after giving written notice thereof to the permit holder at least ten days in advance of such hearing. With five days thereafter the planning commission shall transmit a report of its findings and its recommendations on the termination or revocation to the city council. The term "use" shall mean the beginning of a substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under terms of the authorized use. ~.:,,2E'/CZSE\FZNA. L\TE.v:Z7 Z.;.,/PO 5/9/98 kL~ 25 Reservation of Right to Review Conditional Use Permit. Any conditional use permit granted or approved hereunder, shall be approved or conditionally approved with the city, and its planning director, planning commission, and city council retaining and reserving the right and jurisdiction to review and modify such conditional use permit (including the conditions of approval) based on changed circumstances. Changed circumstances include. but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion. alteration, recon~guration or change of use. The reservation of right to review any conditional use permit granted or approved or conditionally approved hereunder by the city, its planning director, planning commission, and city council is in addition to, and not lieu of, the right of the city, its director of planning, planning commission, and city council to review and revoke or modify any conditional use permit. approved or conditionally approved hereunder for any violations of the conditions imposed on such conditional use permit or for the maintenance of any nuisance condition or other code violation thereon. (Oral. 96-19 §§ 2(I) and (J); Ord. 95-16 § 2 (part); Oral. 97-17 § 7) 17.04.020 TEMPORARY USE PERMITS. Purpose and Intent. The temporary use permit allows for short-term activities, typically less than one year in duration, which may be appropriate when regulated. Permitted Uses. The following temporary uses may be permitted, subject to the issuance of a temporary use permit: 1. Real estate offices and model homes within approved development projects. Outdoor display and sales of merchandise within commercial land use districts, limited to two events per calendar year, not exceeding four consecutive days, including only merchandise customarily sold on the premises by a permanently established business. On- and off-site contractors' construction yards in conjunction with an approved active development project. Trailer, coach or mobile home as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to one hundred eighty days, or upon expiration of the building permit, whichever first occurs. Christmas tree sale lots, however, a permit shall not be required when such sale is in conjunction with an established commercial business holding a valid business license, provided such activity shall be only held from November ist through December 31st. Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities. 7. Emergency public health and safety needs including emergency clinics, temporary inoculation centers. 8. Pumpkin sales lots. Sidewalk sale and vendor stands. Flower sales. R:\ZZ'.'222E\FiNAL\TEM:? I.N~D 919198 ATTACHMENT NO. 5 AUTOMOTIVE SERVICE BUSINESSES LOCATIONS ALONG WINCHESTER ROAD F:\DEPTS\PLANNING\STAFFRP~12pa99 CC Appl rev.doc 38 CITY OF TEMECULA ~Winston Tires Rockwater Car Wash America's Tire Co. Texaco/Express Lube Goodyear Tire Big'O Tires Chevron Gas Station ATTACHMENT 5 Auto Service and Repair Business CASE NO. - Planning Application No. PA99-0236 (Development Plan Revision - Appeal) - Planning Application No. PA99-0012 (Condition Use Permit - Appeal) CITY COUNCIL DATE - September 14, 1999 I'll ,! ATTACHMENT NO. 6 PLANNING APPLICATION NO. PA99-0236 AND PA99-0012 STAFF REPORT AND EXHIBITS TO THE PLANNING COMMISSION DATED JULY 21, 1999 \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRP'R12pa99 CC Appl rev.doc 39 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION July 21, 1999 PA99-0236 (Development Plan, Revision) and Planning Application PA99-0012 (Conditional Use Permit) Prepared By: Thomas K. Thornsley, Project Planner RECOMMENDATION: The Community Development Department - Planning Division recommends the Planning Commission: ADOPT Resolution No. 99-__ approving Planning Application No. PA99-0236 (Development Plan, Revision) based on the findings and subject to the conditions contained therein. o ADOPT Resolution No. 99- approving Planning Application No. PA99-0012 (Conditional Use Permit) based on the findings and subject to the conditions contained therein. , ADOPT a Notice of Exemption for Planning Application No. PA99-0236 (Development Plan Revision) and PA99-0012 (Conditional Use Permit) pursuant to Section 15332 of the CEQA Guidelines. APPLICATION INFORMATION APPLICANT: Fred Stephenson PROPOSAL: Planning Application No. PA99-0236 is a request to reconfigure a portion of the Winchester Meadows Shopping Center by incorporating the abandoned well site and relocating and enlarging two undeveloped pad sites. Planning Application No. PA99-0012 is a proposal to build and operate a 5,310 square foot tire store with sales and installation, automotive service and repair facility. LOCATION: Located on the northeast corner of Margarita Road and Winchester Road (Winchester Meadows Shopping Center). GENERAL PLAN DESIGNATION: Site CC (Community Commercial) EXISTING ZONING: Site CC (Community Commercial) R:\STAFFRPT~12pa99.doc 1 SURROUNDING ZONING: North: PI (Public Institutional) South: CC (Community Commercial) East: SPol (Roripaugh Estates Specific Plan) West: CC (Community Commercial) EXISTING LAND USE: Shopping Center SURROUNDING LAND USES: North: Chaparral High School South: McDonald's/Costco East: Lowe's Hardware (under construction) West: Ralph's PROJECT STATISTICS Winchester Meadows Shoppincl Center Total Area Gross: 666,468 square feet Oriclinally Revised 15.3 acres 15.5 acres Winston Tire Store Total Project Area Net: 30,430 square feet .7 acre Total Building Area 5,310 square feet 17 % Landscape Area: 11,089 square feet 37 % Paved Area: 13,056 square feet 43 % Hardscape: 975 square feet 3 % Parking Required: 4 parking spaces per service bay 24 spaces Parking Provided: 25 spaces Building Height: 24 feet BACKGROUND The Winchester Meadows Shopping Center with Ralph's Groceries was approved by the Planning Commission under Planning Application No. PA97-0305. At that time there was a well site on the corner of the site at Winchester and Margarita Roads. The well site was abandoned by Rancho California Water District and was acquired by the center developer. With the addition of this property the developer has requested to incorporate this area into the overall site. PROJECT DESCRIPTION Planning Application No. PA99-0236 (Development Plan, Revision) and PA99-0012 (Conditional Use Permit), are located in the Winchester Meadows Shopping Center on the northeast corner of Winchester and Margarita Roads. The revisions to the original site plan (Planning Application No. PA97-0305) allows the developer enlarge the shopping center by .2 acres by including the abandon well site and reconfiguring the size and location of Pads 'B' and Pad 'C' (See Exhibits D & E). Both pads will now front onto Winchester Road providing greater exposure to the future tenants, allowing for larger tenant spaces, and a providing a better site layout for traffic flow. Concurrently with the site plan revisions: Planning Application No. PA99-0012 (Conditional Use Permit) is a proposal to build and operate a 5,310 square foot Winston Tire Store for tire sales and installation, with additional automotive service and repair on Pad 'B'. This pad is .7 acres and is located at the corner of Winchester and Margarita Roads (See Site Plan Exhibits F). R:\STAFFRPTH 2pa99.doc 2 ANALYSIS Site Desjan and Circulation The layout of the two pad sites, Pads 'B' and 'C' fronts both onto Winchester Road and provides associated parking with full circulation movements around all parking spaces. The main driving aisle running parallel to Winchester Road provides access to both sites from the driveway entries off of Winchester and Margarita Roads. Neither pad will have direct access to the abutting roads. Pad 'B' is designed to accommodate a Winston Tire store with the building backing up to Margarita Road so that the service bays are oriented to face into the property to limit their view for the public right-of-way. A screen wall and a landscaping berm will be installed to provide screening of the service bays from the public right-of-way, as required by the Design Guidelines (See Exhibits G), The office and customer entrance to the store face Winchester Road. Vehicle access to the store in provided by a looped drive aisle that will circulate past three rows of parking located in front of the service bays Pad 'C' is tentatively designed to accommodate a drive-thru restaurant and appears to have proper circulation to and through the site. A full review of this site will be assessed when an application is presented to the Planning Department. Parkinq Analysis With the inclusion of the well site property the overall site is enlarged with larger buildings and more parking. The Winston Tire store needs to provide 24 parking spaces and has provided 25 parking spaces. If Pad 'C' remains a proposed drive-thru restaurant, as shown. it would require 28 parking space and has provide 32 parking spaces. The changes to these two pad sites the remainder of the shopping center is unchanged. Architecture & Colors The building for Winston Tire is a rectangular building measuring 118 feet by 45. On the right two thirds of the building, facing the parking lot, will be six service bays with roll-up doors and the sales with the customer entrance on the left (See Exhibits H). From Winchester Road the public will see into the sales area with its glass front and stucco columns supporting the arched parapet wall rising to maximum height of 24 feet above over the ground. Along Margarita Road the building will repeat the Winchester Road elevation flanked with stucco finished walls capped with a cornice. The colors of the stucco walls will be off whites and sandstone beiges with accenting colors in shades of green. The building is consistent with the architecture and colors of the shopping center. Landscapinq Thirty-seven percent (37%) of the Winston site has been landscaped which far exceeds the twenty percent minimum landscaping requirement in the CC (Community Commercial) zone. This site fronts two streets, which require twenty-five to thirty feet of landscaping. Along Margarita Road will be California Pepper and Purple Leaf Plum trees and along Winchester will be African Sumac. At the base of the building will be a mix of scrubs and flowering plants surrounded by ground cover (star Jasmine), and tuff. Landscaping and a seating court are provided at the front of the building as part of an outside waiting area for customer. A six foot tall with three feet of mounding and dense landscaping will be installed along Winchester Road to screen the view into the service bays (See Exhibits l). R:\STAFFRPT\I 2pa99.doc 3 ENVIRONMENTAL DETERMINATION These projects are categorically exempt under California Environmental Quality Act (CEQA) Guidelines Section 15332 (In-fill Development Projects) and a Notice of Exemption has been prepared for Planning Applications No. PA99-0012 and PA99-0236. Section 15332 applies to in-fill development projects on sites that: are less than five (5) acres and substantially surrounded by urban uses; consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning; have no value as habitat for endangered, rare or threatened species; and that can be adequately served by all required utilities and public services. The affected area of the site expansion and development meets all of the criteria noted above, and therefore the proposed project is eligible for a CEQA exemption pursuant to Section 15332 of the CEQA Guidelines. GENERAL PLAN AND ZONING CONSISTENCY The project is consistent with the Community Commercial (CC) land use designation and the Community Commercial (CC) zoning applicable to the property in the Temecula General Plan and Development Code. Upon approval of the Development Plan Revision and the Conditional Use Permit as conditioned, the project will meet all of the guidelines and standards for commercial development prescribed by the Development Code and Design Guidelines. SUMMARY/CONCLUSIONS The project has been determined by staff to be consistent with applicable City policies, standards and guidelines. We believe it is compatible with the nature and quality of surrounding development, and will represent an attractive, functional and economic addition to the City's commercial and employment base. FINDINGS - DEVELOPMENT PLAN The proposal, a commercial automotive service business, is consistent with the land use designation and policies reflected in the Community Commercial (CC) land use standards in the City of Temecula General Plan, as well as the development standards for Community Commercial (CC) development contained in the City's Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of commercial development proposed. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines,, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions, and fire and building codes. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. R:\STAFFRPT\I 2pa99.doc 4 The design of the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There are no fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-site. The site is surrounded by development and is an infill site. Furthermore, grading has already occurred at the site, which is a portion of a larger industrial park. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. FINDINGS - CONDITIONAL USE PERMIT , , , The proposal, a conditional use permit for a commercial automotive service business, is consistent with the land use designation and policies reflected in the Community Commercial (CC) land use standards in the City of Temecula General Plan, as well as the development standards for Community Commercial (CC) development contained in the City's Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of commercial development proposed. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines,, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions, and fire and building codes. The overall design of the project, is compatible with the nature, condition, and development of adjacent uses, including the site, building, parking, circulation and other associated site improvements and will not adversely affect the adjacent uses, buildings, or structures. The project has been reviewed for, and as conditioned has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent the adjacent uses, buildings, or structures. The site of this proposed conditional use is an in-fill site of an approved development plan. The development of this site adequate in size and shape to accommodate the building while meeting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. Base on the type of use as proposed and as conditioned, will not be detrimental to the health, safety and general welfare of the community 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 Planning Commission at the time of their decision. This application has been brought before the Planning Commission at a Public Hearing where members of the community have had a opportunity to be heard on this matter before the Commission renders their decision. R:\STAFFRPT\12pa99.doc 5 Attachments: 1. o o PC Resolution o Blue Page 7 Exhibit A. Conditions of Approval - Blue Page 10 PC Resolution - Blue Page 13 Exhibit A. Conditions of Approval o Blue Page 17 Exhibit B. Conditions of Approval - Blue Page 28 Exhibits - Blue Page 31 B. C. D. E. F. G. H. I. J. Vicinity Map Zoning Map General Plan Original Site Plan (PA97-0305) Revised Site Plan (PA99-0236) Winston Tire Site Plan Line of Sight Study Elevation Landscape Plan Floor Plans R:\STAFFRPT\12pa99.doc 6 CITY OF TEMECULA .AS CALIFORNIA o ROAD  % S~ACO RO~D TO SAN DIEGO VICINITY MAP NO SCALE PLANNING APPLICATION NO. PA99-0236 (Development Plan Revision) PLANNING APPLICATION NO. PA99-0012 (Conditional Use Permit) EXHIBIT A PLANNING COMMISSION DATE - July 21, 1999 VICINITY MAP R:\STAFFRPT\I 2pa99.Coc 32 CITY OF TEMECULA EXHIBIT B DESIGNATION - CC (Community Commercial) · '~. BP SC SC sct"", ' D o. / CC C BP ZONING MAP LM EXHIBIT C DESIGNATION - CC (Community Commercial) GENERAL PLAN PLANNING APPLICATION NO. PA99-0236 (Development Plan, Revision) PLANNING APPLICATION NO. PA99-0012 (Conditional Use Permit) PLANNING COMMISSION DATE - July 21, 1999 R:\STAFFRPT\I 2pagg.doc 33 CITY OF TEMECULA WINCHESTER MEADOWS SITE PLAN (AS APPROVED 12115/97, PA 97-0305) PLANNING APPLICATION NO. PA99-0236 (Development Plan, Revision) EXHIBIT D PLANNING COMMISSION DATE - July 21, 1999 ORIGINAL SITE PLAN (PA97-0305) R:',STAFFRPT\I 2pa99.doc 34 CITY OF TEMECULA .?' / REVISED WINCHESTER MEADOWS SITE PLAN PLANNING APPLICATION NO. PA99-0236 (Development Plan, Revision) EXHIBIT E PLANNING COMMISSION DATE - July 21, 1999 REVISED SITE PLAN (PA99-0236) R:',STAFFRPT\I 2pa99.doc 35 CITY OF TEMECULA WINCHESTER ROAD PLANNING APPLICATION NO. PA99-0012 (Conditional Use Permit) EXHIBIT F PLANNING COMMISSION DATE -July 21, 1999 WINSTON TIRE SITE PLAN R:~.STAFFRPT\I 2Da99.doc 36 CITY OF TEMECULA WINSTON. TIRE STORE LINE OF SIGHT STUDY - LOOKING NORTHWEST FROM WINCHESTER AVE PLANNING APPLICATION NO. PA99-0012 (Conditional Use Permit) EXHIBIT G PLANNING COMMISSION DATE - July 21, 1999 LINE OF SIGHT STUDY R:\STAFFRP'R12pa99.doc 37 CITY OF TEMECULA SOUTH '.~ I I'f ' ,,, ,~ ,,,~ ~!.~ NORTH WEST PLANNING APPLICATION NO. PA99-0012 (Conditional Use Permit) EXHIBIT H PLANNING COMMISSION DATE - July 21, 1999 ELEVATIONS R:\STAFFRPT\I 2pa99.doc 38 CITY OF TEMECULA u LAN~A~ .f.~I~TIC~I Tt..E .5~ A5 Al~ I~IHINAI~'Y ~ DA'TED IO/'~4/ql. FU'I'UI~E PAP 'C,' PLANNING APPLICATION NO. PA99-0012 (Conditional Use Permit) EXHIBIT I PLANNING COMMISSION DATE - July 21, 1999 LANDSCAPE PLAN R:t, STAFFRPT\I 2pa99.doc 39 CITY OF TEMECULA PLANNING APPLICATION NO. PA99-0012 (Conditional Use Permit) EXHIBIT J PLANNING COMMISSION DATE - July 21, 1999 FLOOR PLANS R :\STAFFRPT\I 2pa99.doc 40 ATTACHMENT NO. 7 DRAFT MINUTES OF JULY 21, 1999, PLANNING COMMISSION \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRP'R12pa99 CC Appl rev.doc 40 DRAFT PlanComm/minutes/072199 MOTION: Commissioner Webster moved to approve staff's recommendation to approve the project, as is; and request staff to add additional language to address future murals in order to address the Commissioners' concern with respect to setting a precedence. Commissioner Fahey seconded the motion and voice vote reflected approval with the exception of Commissioners Mathewson and Naggar who voted n_9. (The previous discussed Agenda Item No. 6 was reopened and voice vote was taken again. See page 6.) 7. Home Depot Workshop This Agenda Item was heard after Agenda Item No. 8. (See page 7.) PUBLIC HEARING Plannincl Application No. PA99-0236 (Site Plan Revision) and PA99-0012 (Conditional Use Permit). Request to change the site plan configuration of the shopping center to include the abandon well site and enlarge tow lots for future development. The application is a proposal to build and operate 5,310 square foot tier sales and installation, automotive service and repair facility. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission approve the request. By way of overheads, Project Planner Thornsley presented a detailed overview of the staff report (of record); highlighted site design, noting that a landscape berm would be installed for provision of screening the service bays; presented the line-of-sight diagram for provision of the view from Winchester Road (denoted on Exhibit G per agenda material); noted that the 37% landscape plan far exceeds the 20% requirement; confirmed that this site is zoned Community Commercial (CC); and for Commissioner Mathewson, clarified the rationale for bringing this matter before the Commission, specifying the proposed uses on this particular site. For Commissioner Mathewson, Planning Manager Ubnoske advised that staff typically does not take into account the number of existing similar uses in the area. The applicant's representative relayed that he was available for Commission questions and comments. Chairman Guerriero closed the public hearing at this time. Regarding the Conditional Use Permit, Commissioner Webster cited Finding No. 2 (denoted on page 5 of the staff report) regarding compatibility; and relayed that it was his DRAFT DRAFT PlanComm/minutes1072199 opinion that this particular use would not be compatible at this site in this Community Commercial zoning area; and expressed his preference for maintaining this type of use in Service Commercial areas, or with a conditional approval within Highway Tourist Commercial areas, or within the Light Industrial areas. Concurring with Commissioner Webster's comments, Commissioner Fahey relayed that it was her opinion that due to the need to screen the service bay areas of this particular project on this predominant corner intersection that this contributed to a determination that this project would be an inappropriate use for this particular site. For Commissioner Mathewson, Senior Planner Fagan reiterated staff's finding of consistency, referencing the agenda material. Commissioner Mathewson and Chairman Guerriero relayed concurrence with the previous Commission comments. MOTION: Commissioner Webster moved to deny the proposed project; and for the record clarified that the denial is based upon the incompatibility of the described use on the site and with the adjacent uses, and that the project does not comply with the goals of the General Plan, specifically, the community design element; and that the denial is not based upon the number of other similar uses in that area. Commissioner Fahey seconded the motion and voice vote reflected unanimous approval. (Denied: 5/0) At 6:57 P.M. a short recess was taken, and the meeting reconvened at 7:06 P.M. Regarding Agenda Item No. 6, Chairman Guerriero relayed that due to the additional discussion surrounding the motion, he misunderstood the final amended motion presented for Agenda Item No. 6. MOTION: Chairman Guerriero moved to reopen Agenda Item No. 6. Commissioner Naggar seconded the motion and voice vote reflected approval with the exception of Commissioner Fahey who voted n._9. At this time the meeting continued back to Agenda Item No. 6. e On The Border PA99-0079-Proposed Mural Attorney Curley provided additional information regarding reopening this matter and the privilege granted to correct the affirmative vote; provided clarification regarding the final motion made by Commissioner Webster; and voice vote was taken again, as follows: MOTION: Commissioner Webster moved to approve staff's recommendation to approve the project, as is; and request staff to add additional language to address future murals in order to address the Commissioners' concern with respect to setting a precedence. Commissioner Fahey seconded the motion and voice vote reflected denial due to Commissioners Guerriero's, Mathewson's, and Naggar's votes of no. (Denied: 3~2) DRAFT ITEM 25 CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council r~ James O'Grady, Assistant City Manag September 14, 1999 SUBJECT: Consideration of the Temecula Valley Balloon & Wine Festival Sponsorship Request Prepared by: Gloria Wolnick, Marketing Coordinator RECOMMENDATION: 1) That the City Council review and approve funding for the Temecula Valley Balloon & Wine Festival in the amount of $30,000. 2) That the City Council approve the sponsorship agreement with the Temecula Valley Balloon & Wine Festival organization and authorize the Mayor to execute the agreement. DISCUSSION: Staff has received the annual sponsorship request for the Temecula Valley Balloon & Wine Festival. Staffs funding recommendation for this event contained the same level as last year with the understanding that once the operating budget was approved, the organization would have the opportunity to meet with the Economic Development Sub-committee, Councilmembers Jeff Comerchero and Ron Roberts, to discuss their funding. A meeting was held on Thursday, July 22, 1999. At that time representatives from the Temecula Valley Balloon & Wine Festival Association provided information to the subcommittee to review. Since 1983, the Balloon & Wine Festival has been a community tradition in the Temecula Valley region. This family event has proven to be very effective in getting exposure both on a local and national level. The event increases tourism revenue for the City's restaurants, hotels, shopping centers and wineries. In addition, residents and visitors look forward to attending this popular event each year. Due to the fact that the event promotes toudsm in Temecula, funding would come from the General Fund's budget. There will be no commissions paid to any party for the City of Temecula's sponsorships. Temecula Valley Balloon & Wine Festival Staff has received the sponsorship request in the amount of $35,000 for Premier Sponsor of the Temecula Valley Balloon & Wine Festival, which is attached for your review. Council approved $35,000 for the '99 Festival with $5,000 to be repaid to the City for an outstanding loan resulting in a net event payment of $30,000. The Association reported that they have paid off all of their past debts. Staff budgeted $30,000 for this event in the City's FY 1999-00 operating budget. The Economic Development Sub-committee funding recommendation is for $30,000. The Temecula Valley Balloon & Wine Festival Association will provide an independent certified public accountant audit of their financial statements and will submit it to the City by December 30, 1999. This is consistent with the financial audits and reviews requested of the other Economic Development non-profit groups the City funds. The City plans to request this financial information every 2 - 3 years. The '2000 Temecula Valley Balloon & Wine Festival will be celebrating its 17-year anniversary, June 9 - 11, 2000 at Lake Skinner. The Fdday evening event will be determined by the Board of Directors at a later date. The '99 Festival drew an estimated attendance of 37,000 spectators over the weekend. The 1999 media outreach included pdnt, theater, radio and a promotional partnership arranged with Vons stores in conjunction with KABC Radio. Radio Advertising and Promotions: KABC/KLOS, KATY, KWRP, KFRG, and KOLA were designated media sponsors for the event and participated with promotional and paid spots, contests and live broadcasts. KABC Radio and Vons markets partnered in a promotion that resulted in both store tie-ins and product sponsorships, plus a successful on-air promotion for an Intimate Weekend Getaway in Temecula for listeners of the KABC Restaurant Show. Public service announcements were wdtten and submitted to radio and television stations throughout Los Angeles, Orange, Riverside, San Bemardino and San Diego Counties. Out-of-area pdnt advertising consisted of the Los Angeles Times, San Diego Union Tdbune, San Bemardino Sun and the Orange County Register. Local advertising included The Press-Enterprise and advertising in The Califomian/North County Times one week pdor the Festival. A sampling of newspaper and magazine coverage consisted of The Press-Enterprise, The Califomian/North County Times, Rancho News, San Diego Union Tdbune, Pasadena Star News, Desert Sun, Inland Entertainment Round-Up, Neighbors, Vineyard Press and the Inland Empire Magazine. Pdnted materials produced by the Festival included 20,000 bill stuffers, 40,000 counter flyers and 750 window posters. The Cadsbad Chamber of Commerce inserted a Festival flyer into its newsletter of 2,700 the month prior to the event. A promotion was coordinated with Edwards Theaters in Temecula to promote the Festival with on-screen advertising starting two weeks before the event. A draft of the 2000 Temecula Valley Balloon & Wine Festival marketing/advertising campaign can be reviewed in Attachment 2. FISCAL IMPACT: Adequate funds have been included in the FY 1999-00 Operating Budget (Economic Development line item, account #001-111-999-5264) for the recommended sponsorship amount. Sponsorship payment for the Temecula Balloon & Wine Festival will be paid as soon as possible following the execution of the documents. The Balloon & Wine Festival agreement is substantially in the final form but may be revised before being executed. Should the City Council decide to increase this funding level beyond the recommended amount, an additional appropriation would be required from the Unreserved General Fund balance. ATTACHMENT: Attachment A- Sponsorship Package Attachment B - 2000 Festival Marketing/Advertising Campaign Attachment C- 1999 Festival Media/Promotions Recap Attachment D - BudgetJFinancial Statement Attachment E - Sponsorship Agreement ATTACHMENT A - SPONSORSHIP AGREEMENT The Mission of the ]~mccula Valley Balloon & Wine Festival Association is to enhance the charitable, cultural, educational and economic development of the region." FI~.s T ~ v AL ,4 ,\t'll-/ll't!/il Cr,lfH~t~I[ll)tI 2000 Temecula Vafiey Bafioon and Wine Festival Premier Sponsor $35,000 (Only one Premier Sponsorship available) 2. 3. 4. 5. = 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Identification as Premier Sponsor in all Festival materials Exclusivity in Premier Sponsor's field Inclusion of logo in all Festival print advertising Mention in all Festival paid radio and newspaper advertising Sponsor representative interviewed on projected radio remote broadcast Right to use Festival logo on Premier Sponsor's materials (with Festival advance approval) Full page, black-and-white ad in Festival program Representative introduced from stage and invited to speak several times during Festival Four signs or banners on-site at event (Sponsor to provide) Separate display tent in high-traffic area Access to VIP Hospitality Tent for nineteen guests Linking of Premier sponsor's web site to Festival site Mention in Festival newsletter Mention in at least ten Festival news releases to general media Sponsor's logo on table tents displayed in participating area restaurants and other retail establishments Sponsor's logo in Festival brochure Forty adult Festival tickets Twenty parking passes Invitation to Sponsor Appreciation Dinner for twelve people Twenty-five sets of Official Festival souvenir merchandise Street, N/HIe 2()4 · 7~'nn'c'nla. C~d!'lin'n/a 92590 · r9()9) 6'(> 6'~1.3 ·/909/676-5921 l.~t.v ATTACHMENT B - 2000 FESTIVAL MARKETING/ADVERTISING CAMPAIGN Tbc Mission of tbc Temccula Valley Balloon & Wine Festival Association is to enhance the charitable, cultural, educational and economic development of the region." F2EI~I1VAL TEMECULA VAI.LEY BALLOON AND WINE FESTIVAL MARKETING PLAN 2000 The Temecula Valley Balloon and Wine Festival, (herein after referred to as "Festival") is orchestrating a comprehensive marketing, promotional and publicity campaign designed to attract visitors to the 2000 event, set for June 9, 10 and 11 at beautiful Lake Skinner Recreation Area. Because the name "Temecula" is an integral part of the event rifle, all marketing of this regional entertainment event naturally promotes the city as well. The event campaign also puts both in the spotlight, highlighting Temecula's location, history and amenities along with event-specific information. Elements in the campaign include, but are not limited to: More than 150 local, regional and national corporations and businesses, will receive information packages inviting sponsorship of the 2000 event, with personal follow up calls made to each and meetings being held on an ongoing basis. Companies who we worked with in the past for promotional marketing tie-ins will be approached again. They include United Airlines, Coca-Cola, Vons, Budweiser and Target Stores. These affdiations will promote the Temecula name through in-store displays, advertising and other promotions. Shopping centers such as The Promenade, Prime Outlet Center, Ontario Mills, North County Fair, Horton Plaza and other high-traffic centers will be approached to assist in promotions, including displays of posters, flyer distribution and ticket ou~ets. Local business such as Rancho Steak House, Rancho Ford Lincoln Mercury, The Corral and others will be contacted to sponsor and display cold air balloons promoting the Festival. 2'9/9.1C/7~'1:~{Hz ',lru<'l. '~'ltl'lc 20 t · 7~'HR'C'tI/~I. Ccl/(/brllzel <)25<)(~ ,, 1<)09~ (~ 23 071.3 · (909) 67() 'T92l t'~1,\' An estimated 20,000 plus billing stuffers will be offered to local business through the Temecula Valley Chamber of Commerce mailing list. Edwards Theatres will be approached again to promote the Festival with an on-screen slide on all screens starting two weeks before the event. A promotional partnership with Vons is currently be negotiated. This promotion will include in store banners, signs and aisle displays in 240 stores in Southern California, from Santa Barbara to the Mexican border. A media distribution list of more than 350 print and broadcast representatives will be receiving a continuing flow of press materials and personal follow-up between now and the Festival date. All media outlets will be provided with stories, photographs, interview opportunities and information that will result in maximum news coverage of the event. The media list includes a broad spectrum of entertainment editors, travel publications and editors, food and wine publications and editors, ballooning publications and more. Selected media representatives will be invited to Temecula on an individual basis for media preview days in March or April, given tours of Temecula. recreation, business, industrial and residential areas, and hot air balloon rides. Media and marketing materials distributed throughout Southern California will encourage visits to the Festival website, which links to the City of Temecula's. Information about the event is being placed on an extensive list of other internet sites, including festival and event calendars, travel sites, wine and ballooning sites, and music and entertainment sites. Riverside, San Diego and Los Angeles morning television shows and interview programs are being contacted about scheduling on-site programs and event news coverage. Radio stations throughout Los Angeles, Orange, Riverside and San Diego counties will be contacted for interview and promotional oppommities. Media outlets will be contacted including Riverside Press-Enterprise, San Diego Union Tribune, The Californian and North County Times, Inland Entertainment Round-Up, The Entertainer, Bargain Bulletin, Penny Saver, Media One Cablevision, television stations and radio stations KFRG/KXFG, KATY, KWRP, KGGI, KABC, KFI and KIFM. Media such as the Los Angeles Times, and Orange County Register are being contacted for sponsorship participation and/or discounted non-profit ad rates. On behalf of the Temecula Valley Balloon and Wine Festival negotiations with all media to maximize the impact of the Festival's advertising budget, now estimated at $114,000.00. Media promotions as described can more than quadruple the value of this budget. In addition, co-op advertising programs with radio stations have the potential to bring significant advertising benefits to the Festival and the City. A public service campaign to promote the Festival and Temecula, is planned to utilize the free air time made available on broadcast stations to non-profit organizations and events. Radio and television public service spots will be produced and distributed throughout Southern California. ATTACHMENT C - !999 FESTIVAL MEDIA/PROMOTIONS RECAP Cooper Communications, Inc. Marketing / Public Relations 5350 Topanga Canyon Blvd. Woodland Hills, CA 91364-1718 Telephone (818) 348-8030 FAX (818) 348-8230 1999 Temecula Valley Balloon & Wine Festival Event Promotion and Publicity Summary Printed Materials 1. The following printed materials were produced: · 20,000 Bill Stuffers · 40,000 Counter Flyers (8-1/2 x 11 ',) · 750 Window Posters (11 x 17") One component of the distribution was a mailing to the members of the Temecula Valley Chamber of Commerce, offering them materials to promote the Festival to their own customers. In response to this mailing, requests were received for 18,010 bill stuffers (the Bank of Commerce alone distributed 15,000 stuffers in their monthly statements), 15,300 flyers and 155 posters. The Carlsbad Chamber of Commerce inserted a Festival flyer into its newsletter mailing of 2,700 the month prior to the event. Newsletters Two Festival newsletters were distributed to media and to its own mailing list of approximately 90 each time. Edwards Theatres A promotion was coordinated with Edwards Theatres in Temecula to promote the Festival with an on-screen slide on all nine screens starting two weeks before the event. Vons Stores A promotional partnership was arranged with Vons stores in conjunction with KABC Radio. This promotion included banners, signs and aisle displays in Vons' 240 stores in Southern California, from Santa Barbara to the Mexican border. Banners were up the month of April and the first of May. The promotion included offering a $2 ticket discount with a Vons Club card; selected Riverside County stores also sold tickets. The Festival was promoted in the Vons circular distributed to households throughout Southern California the week of April 21. Print Advertising Print advertising was placed in the Riverside Press Enterprise, the Californian/North County Times, San Diego Union Tribune, Orange County Register, Los Angeles Times-San Gabriel/Inland Empire edition, San Bernardino Sun, OC Weekly and LA Weekly, The Press Enterprise provided a significant schedule in trade space in exchange for being named the exclusive metropolitan newspaper media sponsor. The ad schedule was concentrated in the 10 days prior to the event, with six 3xl 3" ads and seven 2x7" ads. Additionally, the paper created a 4-color glossy Festival insert that was distributed the week before the event in selected zones, Trade space was also negotiated with The Californian/North County Times· Ads appeared in The Californian and all zones of the North County Times, including Oceanside, Vista, Cadsbad, Encinitas, San Marcos, Fallbrook, Escondido, and Poway, the week before the Festival. 4. Paid advertising also included: · San Diego Union Tribune Night & Day Section: April 21 · Los Angeles Times San Gabriel Valley Dining & Entertainment Guide: April 23, 30 · Los Angeles Times Inland Empire Our Times section: April 29 · San Bernardino Sun Friday Weekend sections on April 23, 30 · Orange County Register Show Section, April 25, and Show Weekend, April 30 · OC Weekly:. April 22, 29 · LA Weekly:. April 22, 29 2 Print Promotions Promotional relationships were established that provided free editorial space or ads with publications such as Inland Entertainment Round-Up, Neighbors and Vineyard Press. The Festival secured a two-color insert in the June edition of Inland Empire Magazine thanking Festival sponsors. Radio Advertising and Promotions The following radio stations were designated media sponsors for the event and participated with promotional spots, contests, live broadcasts, paid spots or a combination of all during the weeks leading up to the event: KABC/KLOS, KATY, KWRP, KFRG, and KOLA. KABC Radio and Vons markets partnered in a promotion that resulted in both store tie-ins and product sponsorships, plus a highly successful on- air promotion for an Intimate Weekend Getaway in Temecula for listeners of the KABC Restaurant Show, which brought in hundreds of calls. The show, hosted by Mado Martinoil and Amy Strong, was broadcast live from the Festival on Saturday morning, May 1. This promotional relationship also resulted in new and renewed relationships with food product sponsors. KABC's sister station, KLOS, was a Main Stage sponsor and ran a spot schedule promoting the talent line-up· KOLA 99,9 provided live mentions, live giveaways, a live 3-hour remote broadcast with call-ins on Saturday May 1 and in web advertising. The station held a pre-event contest for a hot air balloon ride, dinner, festival attendance, and wine tasting, with winners announced during the live broadcast. KFRG Radio conducted a major on-air promotion, running live announcements, recorded announcements and live mentions to promote listeners winning "Frog Freebie Weekend" tickets to the event. KATY-FM was a Main Stage sponsor and provided a heavy schedule in promotional spots, including ticket give-aways on KATY and KCXX. KWRP-FM provided 75 promotional spots in exchange for sponsorship benefits, including a booth at the festival. 7. Additionally, a cash buy was coordinated on regional and local radio. Radio Public Service Campaign A non-profit organization identification number was secured for the Festival from the Southern California Broadcasters Association; public service announcements were written and submitted to radio and television stations throughout Los Angeles, Orange, Riverside, San Bernardino and San Diego Counties. Publicity Campaign An extensive campaign of media contact was begun on December 1, 1998, and continued throughout the months leading up to the Festival. As the enclosed sampling of clippings demonstrates, the Festival garnered excellent pick-up of news releases and coverage of event details by individual reporters and editors. 4 ATTACHMENT D - BUDGET/FINANCIAL STATEMENT 08126199 Temecula Valley Balloon & Wine Festival Budget Overview July 1999 through June 2000 Ordinary Income/Expense Income 4100 · Sponsor income 4200 · Admissions income 4220 · Outside ticket sales 4230 · RV ticket sales 4240 · Saturday ticket sales 4250 · Sunday ticket sales Total 4200 - Admissions income 4300 · Balloon income 4320 · Corporate balloons Total 4300 · Balloon income 4400 · Beverage income 4415. Beer/Wine 4430 · Ice Total 4400 · Beverage income 4500. Commercial court income 4510 · Entry fees Total 4500 · Commercial court income 4600 · Food court income 4510 · Entry fees Total 4600 · Food court income 4550 · Parking Income 4655 · Kids Fare 4657 - Underwriting 4658 · % Total 4555- Kids Fare 4700 · Souvenir income 4750- General store 4900 · Arts and crafts income 4510 · Entry fees Total 4900 · Arts and crafts income Total Income Expense 5000. Operating expense 5010 · Bank charges and fees 5015- Copy machine 5025 · Dues 5030 · Equipment repairs 5035 · Insurance41ability 5045- Lease I rent 5050 · Licenses & permits 5055. Mileage 5060 · Postage 5065 · Printing 5070 · Seminars & travel 5075. Subscriptions & publications 5080 · Supplies 5085. Telephone I office expense Total 5000 · Operating expense 5100 · Payroll expense 5110 · Wages 5120 · Payroll tax expense 5125, Employee banefit 5130 · Workman's compensation Total 5100. Payroll expanse 5200 · Board expense Jul '99 - Jun '00 27,000.00 19,000.00 117,000.00 76,000.00 2"-'-'~,000.00 5,000.00 5,000.00 132,000.00 133,000.00 31,000.00 31,000.00 24,000.00 8,003.00 2,503.00 10,500.00 4,000.00 12,200.00 12,20O.00 2,500.00 1,300.00 9,500.00 4,8OO.0O 1,400.00 1,500.00 1,500.00 100.00 3,000.00 4,300.00 31,800.00 3,700.00 1,200.00 1,200.00 50,100.00 DRAFT Page1 08126199 Temecula Valley Balloon & Wine Festival Budget Overview July 1999 through June 2000 5210 · Supplies 5220 · Meetings 5230 · Shirts Total 5200 · Board expense 5300 · Donation expense 5310 · M.H.S. Baseball Program 5320 · Temecula Volunteer Fire Dept. Total 5300 · Donation expense 5400 · Command expense 6410 · Food & beverages 5440 · Supplies 6450 · Telephone Total 5400 · Command expense 5500 · Facilities 5515. Fencing 5520 · Fuel 5525- Electrical 6530- Golf carts 5535. Light towers 5550 · RV's & modulars 5560 · EquilxTmnt rental 5565. Storage bins 5570 · Supplies 6572 · Tables and Chairs 5075- Tents 6580 · Toilets 5585. Trash Total 5500 · Facilities 5700 · Marketing expense 5710 · Cold air balloon 5715- Flyers 5130 · Marketing supplies 5732 · Postage 5735. Print marketing 5740- Program 5145- Radio 5750 · Marketing FIrm 5757 · Telephone and fax 5765. Assorted Services Total 5700 · Marketing expense 5800- Professional fees 5810 · Accounting 5020- Auding 5830 · Consulting Total 5800 · Professional fees 5900. Public safety 5010 · Highway patrol 5920 · Security 5940 · Sheriffs 5950 · Supplies 5860 · -Radios Total 5900 · Public safety 6000 · Sponsor expense 6020- Souvenirs 6045 · Sponsor Awards Total 6000. Sponsor expense 6050 · -Signage 6100 · Volunteer 6110 · Food Jul '99 - Jun '00 7,000.00 750.00 7,750.00 3,500.00 1,000.00 1,500.00 6,000.00 10,000.00 2,500.00 21,00GO0 5,000.00 1,500.00 5,000.00 11,000.00 6,800.00 109,200.00 2,500.00 2,000.00 17,000.00 1,200.00 10,000.00 113,750.00 3,500.00 3,500.00 1,000.00 8,000.00 2,100.00 16,000.00 16,000.00 1,000.00 1,700.00 2,000.00 4,000.00 6,030.00 5,000.00 2,000.00 DRAFT Page 2 08~6~9 Temecula Valley Balloon & Wine Festival Budget Overview July 1999 through June 2000 6120 · T-shirts 6130 · Printing Total 6100 · Volunteer 6200 · Admissions expense 6210 · County fee - parking 6215- County fees - tickets 6220 · Entry refund 6270 · Ticket printing Total 6200 · Admissions expense 6300 · Balloon expense 6310 · Accony}clations 6320 · Show-up incentives 6340 · Fuel Total 6300 · Balloon expense 6400- Beverage expense 6410 · ABC license 6415. Beer 6420 · Beverage supplies 6435- Ice 6440 · MIcro beer-tasting Total 6400 · Beverage expense 6500 · Cowrenerclal court expense 6520 · Insurance Total 6500 · Commercial court expense 6600 · Entertainment expense 6620. Producer/Booklng Agent 6700 · Main backstage supplies 6110 · Accommodations 6730 · Food 6770 · Sound & LIgMs 6780 · Stages Total 6700 · Main backstage supplies 6900. Entertainer acts 6910 · Kids Faire 6920 · Main stage 6930 · Wine stage Total 6900 · Entertainer acts Total 6600 · Entertainment expense 7300 · Food court expense 7320. Insurance 7340 · Health Permit Total 7300 · Food court expense 7500 · Parking 7510 · Supplies 7520 · Cones Total 7500 · Parking 7600 · Souvenir expense 7620- Inventory purchases 7640 · Supplies 7670 · Sales Tax Total 7600- Souvenir expense 7700 · VIP expense 7710 · Beverages 7720 · Food 7740 - Supplies 7770- Wine Jul '99 - Jun '00 1,500.00 7,000.00 10,000.00 500.00 2,000.00 19,500.00 8,700.00 3,500.00 1,200.00 13,400.00 '1,800.00 2,700.00 15,030.00 2,800.00 2,800.00 7,000.00 6,0QO.O0 3,000.00 15,000.00 12,0(:30.00 6,500.00 10,000.00 139,500.00 875.00 1,425.00 3,000.00 2,000.00 1,200.00 DRAFT Page 3 08~6~9 Temecula Valley Balloon & Wine Festival Budget Overview July 1999 through June 2000 Jul '99 - Jun '00 Total 7700- VIP expense 7800. Wine tasting venue expense 7810 · Glasses - plastic 7815. Glasses - tasting 7860 · Tickets 7870 · Wine Total 7800. Wine tasting venue expense 7900 · Arts and crafts expense 7910- Insurance Total 7900- Arts and crafts expense Total Expense Net Ordinary Income Net Income 0.00 DRAFT Page 4 07/16/99 Temecula Valley Balloon & Wine Festival Balance Sheet As of June 30, 1999 ASSETS Current Assets Checking/Savings 1000 · California Bank & Trust 1100 · California Bank & Trust - tax Total Checking/Savings Accounts Receivable 1200 · Accounts receivable Total Accounts Receivable Other Current Assets 1400 .Inventory Total Other Current Assets Total Current Assets Fixed Assets 1500 · Fixed assets 1525 · Accumulated depreciation Total Fixed Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable 2000 · Accounts payable Total Accounts Payable Other Current Liabilities 2100 · Payroll taxes payable 2200 · Sales taxes payable Total Other Current Liabilities Total Current Liabilities Total Liabilities Equity 3900 · Retained Earnings Net Income Total Equity TOTAL LIABILITIES & EQUITY Jun 30, °99 35,340.22 13,000.00 48,340.22 8,000.00 8,000.00 2,500.00 2,500.00 58,840.22 23,328.21 -9,686.00 13,642.21 72,482.43 36,517.66 36,517.66 2,925.55 2,989.74 5,915.29 42,432.95 42,432.95 -19,333.13 49,382.61 30,049.48 72,482.43 PFIEL! qI , ARY Page1 07/16/99 Temecula Valley Balloon & Wine Festival Budget vs. Actual July 1998 through June 1999 Jul '98 - Jun '99 Budget $ Over Budget Ordinary Income/Expense Income 4100 · Sponsor income 4150 · Program sales 4200 · Admissions income 4220 · Outside ticket sales 4230 · RV ticket sales 4235 · Friday admissions 4240 · Saturday ticket sales 4250 · Sunday ticket sales Total 4200 · Admissions income 4300 · Balloon income 4320 · Corporate balloons 4330 · Sponsorship tethered Total 4300 · Balloon income 4400 · Beverage income 4410 Beer 4420 Bloody Mary's & Margaritas 4430 Ice 4440 Micro beer tickets 4450 Soda 4460 Water 4470 Wine by the glass 4400 Beverage income - Other Total 4400 · Beverage income 4500 · Commercial court income 4510 · Entry fees 4520 · Insurance 4500 · Commercial court income - Other Total 4500 · Commercial court income 4600 · Food court income 4610 · Entry fees 4620 · Insurance 4600 - Food court income - Other Total 4600 · Food court income 4650 · Parking income 4655 · Kids Fare 4700 · Souvenir income 4750 · General store 4800 · Wine tasting venue 4900 · Arts and crafts income 4910 - Entry fees 4920 · Insurance Total 4900 · Arts and crafts income 4950 · Misc income 4960 · 1998 Income 4999 · Uncatagorized income Total Income Expense 5000 · Operating expense 5010 5015 5025 5030 5035 5040 5045 5050 5055 Bank charges and fees Copy machine Dues Equipment repairs Insurance-liability Interest expense Lease I rent Licenses & permits Mileage 138,000.00 0.00 27,351.96 19,253.00 0.00 117,897.11 76,707.00 241,209.07 2,250.00 0.00 2,250.00 0.00 0.00 1,044.00 0.00 0.00 0.00 0.00 132,324.60 133,368.60 33,250.00 0.00 0.00 33,250.00 31,215.00 0.00 0.00 31,215.00 24,446.66 9,383.85 38,425.46 3,795.80 0.00 12,075.00 0.00 12,075.00 901.16 8,737.08 7,463.84 684,521.52 263.65 2,139.43 1,284.50 898.73 14,995.35 0.00 4,745.40 1,355.00 63.40 125,000.00 15,000.00 35,612.00 20,000.00 10,000.00 122,000.00 72,000.00 259,612.00 7,500.00 8,000.00 15,500.00 50,000.00 1,500.00 600.00 10,000.00 700.00 500.00 8,000.00 71,300.00 32,350.00 2,200.00 34,550.00 26,000.00 2,500.00 28,500.00 21,000.00 35,000.00 50,000.00 11,500.00 2,200.00 13,700.00 669,162.00 200.00 2,000.00 1,000.00 250.00 12,000.00 500.00 4,600.00 2,000.00 360.00 13,000.00 -15,000.00 -8,260.04 -747.00 -10,000.00 -4,102.89 4,707.00 -18,402.93 -5,250.00 -8,000.00 -13,250.00 -50,000.00 -1,500.00 444.00 -10,000.00 -700.00 -500.00 -8,000.00 62,068.60 900.00 -2,200.00 -1,300.00 5,215.00 -2,500.00 2,715.00 3,446.66 3,425.46 -50,000.00 575.00 -2,200.00 -1,625.00 15,359.52 63.65 139.43 284.50 648.73 2,995.35 -500.00 145.40 -645.00 -296.60 Page1 07116/99 Temecula Valley Balloon & Wine Festival Budget vs. Actual July 1998 through June 1999 5060 · Postage 5065 · Printing 5070 · Seminars & travel 5080 · Supplies 5085 · Telephone / office expense 5000 · Operating expense - Other Total 5000 · Operating expense 5100 ~ Payroll expense 5110 · Wages 5120 · Payroll tax expense 5125 · Employee benefit 5130 · WorkmaWs compensation Total 5100 · Payroll expense 5200 · Board expense 5210 · Supplies 5220 · Meetings 5230 · Shirts Total 5200 · Board expense 5300 · Donation expense 5400 · Command expense 5410 · Food & beverages 5440 · Supplies 5450 · Telephone Total 5400 · Command expense 5500, Facilities 5510 Clean-up 5515 Fencing 5520 Fuel 5525 Electrical 5530 Golf carts 5535 Light towers 5540 Marking paint 5547 Radios and PA system 5550 · RV's & modulars 5555 · Signage 5560 · Equipment rental 5565 · Storage bins 5570 - Supplies 5572 · Tables and Chairs 5575 · Tents 5580 · Toilets 5585 · Trash 5500. Facilities - Other Total 5500 · Facilities 5600 · Funds control 5660 · Supplies Total 5600 · Funds control 5700 · Marketing expense 5710 · Cold air balloon 5715 · Flyers 5722 · Media souvenirs 5725 · Marketing expense-other 5732 - Postage 5735 · Print marketing 5740 · Program 5745. Radio 5750- Retainer 5757 - Telephone and fax 5700 · Marketing expense - Other Jul '98 - Jun '99 1,279.56 1,322.45 0.00 1,743.84 4,256.19 0.00 34,347.50 40,742.50 3,606.97 100.00 0.00 44,449.47 0.00 174.91 230.00 404.91 7,750.00 43.50 200.00 1,243.14 1,486.64 0.00 9,998.19 2,516.16 32,025.00 12,424.07 4,900.00 0.00 1,130.00 7,773.26 2,638.37 2,600.00 912.00 354.17 4,313.01 33,712.87 10,559.10 10,091.04 1,710.96 137,658.20 114.14 114.14 1,646.26 1,425.99 0.00 7,921.12 520.09 13,053.16 9,617.25 8,681.25 55,000.00 1,217.33 2,800.00 Budget 1,500.00 1,500.00 750.00 3,000.00 3,200.00 32,860.00 43,200.00 7,200.00 50,400.00 300.00 150.00 400.00 850.00 7,000.00 3,500.00 1,000.00 3,000.00 7,500.00 4,000.00 10,000.00 1,800.00 21,000.00 8,000.00 2,500.00 250.00 2,000.00 5,000.00 7,000.00 1,500.00 900.00 2,000.00 6,000.00 34,000.00 11,000.00 2,800.00 119,750.00 1,000.00 2,000.00 500.00 1,900.00 1,500.00 10,000.00 17,000.00 10,000.00 55,000.00 650.00 $ Over Budget -220.44 -177.55 -750.00 -1256.16 1,056.19 1,487.50 -2,457.50 -7,200.00 -5,950.53 -300.00 24.91 -170.00 -445.09 750.00 -3,456.50 -800.00 -1,756.86 -6,013.36 -4,000.00 -1.81 716.16 11,025.00 4,424.07 2,400.00 -250.00 -870.00 2,773.26 -4,361.63 1,100.00 12.00 -1,645.83 -1,686.99 -287.13 -440.90 7,291.04 17,908.20 646.26 -574.01 -500.00 6,021.12 -979.91 3,053.16 -7,382.75 -1,318.75 0.00 567.33 Page 2 07116199 Temecula Valley Balloon & Wine Festival Budget vs. Actual July 1998 through June 1999 Total 5700 · Marketing expense 5800 · Professional fees 5810 · Accounting Total 5800 · Professional fees 5900. Public safety 5910. Highway patrol 5920 · Marines 5940 · Sheriffs 5950 · Supplies Total 5900 · Public safety 6000 · Sponsor expense 6020 · Souvenirs 6040 · Sponsor Awards 6000 · Sponsor expense - Other Total 6000 · Sponsor expense 6100 · Volunteer 6110 · Food 6120 · T-shirts 6130- Printing 6140 · Other Total 6100 · Volunteer 6200 · Admissions expense 6210 · County fee - parking 6215 · County fees - ticketa 6220 · Entry refund 6270 · Ticket printing Total 6200 · Admissions expense 6300 · Balloon expense 6310 - Accomodations 6320 · Show-up incentives 6340 · Fuel 6390 · Tethered balloons Total 6300 · Balloon expense 6400 · Beverage expense 6410 · ABC license 6415 · Beer 6420 · Beverage supplies 6425 · Mary & Margarita mix 6435. Ice 6440 · Micro beer-tasting 6460 · Soda 6465 · Water 6470 · Wine Total 6400 · Beverage expense 6500 · Commercial court expense 6520. Insurance Total 6500 · Commercial court expense 6600 · Entertainment expense 6610 · Entertainment Backline 6700 · Main backstage supplies 6710 · Accommodations 6730 · Food 6770 · Sound & Lights 6780 - Stages 6790 · Main backstage supplies - other Total 6700 · Main backstage supplies Jul '98 - Jun '99 Budget 101,882.45 2,305.00 2,305.00 1,954.45 16,765.00 15,507.38 877.60 35,104.43 0.00 3,134.31 1,902.81 5,037.12 0.00 13.60 0.00 150.00 163.60 6,988.00 4,506.00 0.00 0.00 11,494.00 8,702.64 3,700.00 0.00 0.00 12,402.64 330.00 8,336.75 3,305.11 0.00 1,645.46 2,680.00 0.00 0.00 0.00 16,297.32 0.00 0.00 5,350.00 0.00 1,320.91 13,800.00 12,000.00 78.75 27,199.66 99,550.00 3,500.00 3,500.00 5,000.00 15,000.00 16,000.00 1,000.00 37,000.00 2,000.00 2,000.00 2,000.00 1,500.00 300.00 3,800.00 7,000.00 10,000.00 500.00 1,500.00 19,000.00 6,500.00 3,500.00 1,200.00 8,000.00 19,200.00 300.00 13,000.00 1,200.00 300.00 1,800.00 2,000.00 300.00 300.00 3,000.00 22,200.00 2,200.00 2,200.00 6,000.00 3,000.00 17,370.00 12,250.00 500.00 39,120.00 $ Over Budget 2,332.45 -1,195.00 -1,195.00 -3,045.55 1,765.00 -492.62 -122.40 -1,895.57 -2,000.00 3,037.12 -2,000.00 -1,486.40 -300.00 -3,636.40 -12.00 -5,494.00 -500.00 -1,500.00 -7,506.00 2,202.64 200.00 -1,200.00 -8,000.00 -6,797.36 30.00 -4,663.25 2,105.11 -300.00 -154.54 680.00 -300.00 -300.00 -3,000.00 -5,902.68 -2,200.00 -2,200.00 -6,000.00 -1,679.09 -3,570.00 -250.00 -421.25 -11,920.34 Page 3 07/16/99 Temecula Valley Balloon & Wine Festival Budget vs. Actual July 1998 through June 1999 6900 · Entertainer acts 6910 · Kids Faire 6920 · Main stage 6930 · Wine stage Total 6900 · Entertainer acts 7000 · Producer 7200 · Stages 7210 · Kids faire Total 7200 · Stages Total 6600 · Entertainment expense 7300 · Food court expense 7320- Insurance 7300 · Food court expense - Other Total 7300 · Food court expense 7500 · Parking 7510 · Supplies 7520 · Cones 7570 · Power Total 7500 · Parking 7600 · Souvenir expense 7620 · Inventory purchases 7640 · Supplies 7670 · Sales Tax Total 7600 · Souvenir expense 7700 · VIP expense 7710. Beverages 7720 · Food 7740 · Supplies 7770 · Wine Total 7700 · VIP expense 7800 · Wine tasting venue expense 7810 · Glasses - plastic 7815 · Glasses - tasting 7860 · Tickets 7870 - Wine Total 7800 · Wine tasting venue expense 7900 · Arts and crafts expense 7910. Insurance 7920. Power Total 7900 · Ads and crafts expense Total Expense Net Ordinary Income Other Income/Expense Other Expense 8000 - 1998 Expenses 8700 · General Store Expense 8710 · Sales tax 8700 · General Store Expense - Other Total 8700 · General Store Expense Jul '98 - Jun '99 Budget 6,500.00 5,000.00 77,450.00 80,000.00 7,950.00 10,000.00 91,900.00 95,000.00 6,500.00 6,500.00 170.90 170.90 131,120.56 140,620. O0 0.00 2,500.00 531.00 531.00 2,500.00 522.43 200.00 50.09 800.00 0.00 0.00 572.52 1,000.00 24,799.62 30,000.00 83.50 500.00 2,866.74 27,749.86 30,500.00 43.50 200.00 0,00 0.00 476.47 250.00 0.00 1,200.00 519.97 1,650.00 0.00 700.00 4,271.00 0.00 200.00 33,500.48 32,000.00 37,771.48 32,900.00 0.00 2,200.00 0.00 0.00 0.00 2,200.00 609,162.81 638,180.00 75,358.71 30,982.00 21,752.38 254.00 3,969.72 4,223.72 Total Other Expense Net Other Income 25,976.10 -25,976.10 0.00 $ Over Budget 1,500.00 -2,550.00 -2,050.00 -3, 100.00 0.00 -9,499.44 -2,500.00 -1,969.00 322.43 -749.91 0.00 -427.48 -5,200.38 -416.50 -2,750.14 -156.50 0.00 226.47 -1,200.00 -1,130.03 -700.00 -200.00 1,500.48 4,871.48 -2,200.00 0.00 -2,200.00 -29,017.19 44,376.71 -25,976.10 Page4 07/16/99 Net Income Temecula Valley Balloon & Wine Festival Budget vs. Actual July 1998 through June 1999 Jul '98 - Jun '99 49,382.61 Budget 30,982.00 $ Over Budget 18,400.61 Page 5 ATTACHMENT E - SPONSORSHIP AGREEMENT ADVERTISING AGREEMENT BETWEEN CITY OF TEMECULA AND TEMECULA VALLEY BALLOON & WINE ASSOCIATION This Agreement, made this 14th day of September, 1999, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and TEMECULA VALLEY BALLOON & WINE ASSOCIATION, a California nonprofit corporation (hereinafter referred to as CTVBWA"). A. TVBWA will operate the 'q'emecula Valley Balloon & Wine Festival" on June 9 - 11, 2000. The Temecula Valley Balloon & Wine Festival is a special event located at Lake Skinner featuring approximately 50 hot air balloons, main stage entertainment, arts and crafts fair, tethered balloon ddes and a wine venue featuring the Temecula Valley. Attendance in previous years has been approximately 40,000 + people for the 3-day event. B. The City of Temecula desires to be a Premier Sponsor of the 2000 Temecula Valley Balloon and Wine Festival. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for the payment of $ , the City of Temecula shall be designated as a "Premier Sponsor' of the 2000 Temecula Valley Balloon & Wine Festival. In exchange for being a Premier Sponsor, the City of Temecula will receive the benefits as listed in Attachment A. B. Any media visits pdor to the Temecula Valley Balloon and Wine Festival coordinated by the Festival or its public relations representatives will include an invitation to visit all Temecula entities (i.e. Old Town, wineries, golf). Secondly, the Festival shall include in its basic press kit a feature article of no less than three pages, which focuses on the attractions of Temecula, including Old Town, golf, wineries, etc.) This informational piece shall be provided to all media working with the Festival or its representatives on Festival-related stodes. C. The TVBWF shall submit a wdtten request to the City's Maintenance Superintendent requesting any City owned light towers, cones, barricades, directional signs, flashing beacons, etc. no later than 60 days preceding the first day of the Balloon & Wine Festival. D. All event tickets, parking passes and official Festival souvenir merchandise shall be submitted to the City Manager no later than one full week preceding the first day of the Festival. E. Within 60 days following the Temecula Valley Balloon and Wine Festival, TVBWA shall prepare and submit to the City Manager and Assistant City Manager a wdtten report evaluating the Temecula Valley Balloon and Wine Festival event, its attendance/demographics, and describing the materials in which the City was listed as a Premier Sponsor. The report should also include samples of media press dippings, flyers, pamphlets, etc. in a presentation notebook format. F. TVBWA agrees that it will defend, indemnify and hold the City and its elected officials, officer, agents, and employees free and harmless from all claims for damage to persons or property by reason of TVBWA's acts or omissions or those of TVBWA's employees, officers, agents, or invites in connection with the Temecula Valley Balloon & Wine Festival to the maximum extent allowed by law. G. TVBWA shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability and liquor liability in which the City is named insured or is named as an additional insured with TVBWA and shall fumish a Certificate of Liability by the City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; 1. Include the City as the insured or named as an additional insured covedng all claims adsing out of, or in connection with, the Temecula Valley Balloon & Wine Festival. 2. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims adsing out of, or in connection with Temecula Valley Balloon & Wine Festival. 3. Provide the following minimum limits: General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. (B) Liquor Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. 4. The insurer shall agree to waive all dghts of subrogation against the City, its officer, officials, employees and volunteers for losses adsing from the Temecula Valley Balloon & Wine Festival. 5. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. 6. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or TVBWA shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. H. Should any litigation be commenced between the parties, hereto, concerning the provisions of this Agreement, the prevailing party concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attomey's fees, in addition to any other relief to which it may be entitled. I. TVBWA shall promptly fumish the City, an independent certified public accountant audit of the TVBWA financial statements by December 30, 1999. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DATED: TEMECULA VALLEY BALLOON & WINE ASSOCIATION CITY OF TEMECULA BY: Carol Popejoy-Hime General Manager Steven J. Ford, Mayor ATTEST: Susan W. Jones, CMC/AAE City Clerk APPROVED AS TO FORM: Peter Thorson, City Attomey 3 ITEM 26 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council William G, Hughes, Director of Public Works/City Engineer September 14, 1999 Murrieta Creek--Arundo and Tamarisk Eradication PREPARED BY: Allie Kuhns, Senior Management Analyst RECOMMENDATION: That the City Council: Provide direction to staff to work with the appropriate public agencies to develop a plan to eradicate Arundo and Tamarisk growth in Murrieta Creek from Cherry Street at the northern City Limit to Temecula Creek at the southern City Limit in exchange for habitat mitigation credits. Approve a general eradication program to include an initial eradication effort and 3 to 5 years of follow-up maintenance to start in fiscal year 2000. BACKGROUND: In July 1999, Mayor Ford requested and City Council directed staff to research the eradication of Arundo weed growth from Murrieta Creek in Temecula. The Arundo ("giant reed") weed is a giant cane that chokes creeks and other waterways with its extreme water absorption capacity. The Tamarisk ("salt cedar") weed similarly depletes water supplies from waterbeds. Both of these weeds have been found at various locations in Murrieta Creek and along the creek banks, and will ultimately cause the destruction of the vegetation, and specifically, endangered plants, that currently thrive in the creek. Recognizing the destructive nature of these and other plants, the U.S. Army Corps of Engineers has issued a Regional General Permit for the removal of invasive, exotic plants, This permit provides the terms and conditions covering the removal of both Arundo and Tamarisk in Riverside County. Currently, the Army Corps of Engineers ("Corps") is working with Riverside County Flood Control to develop an eradication and maintenance plan for Murrieta Creek. However, their plan focuses on the upstream portion of the Creek, from the Warm Springs confiuence to Clinton Keith Road. Additionally, there is no confirmation as to if and when any Corps/Flood Control coordinated eradication efforts will take place. Taking this into consideration, the Corps has advised staff that eradication efforts in the lower Creek area within the City Limit will definitely be beneficial, regardless of whether eradication occurs upstream, and should commence as soon as possible. At this stage, the weeds have been found to be in clumps spread sporadically along the entire length of Murdeta Creek. Estimated cost to remove these plants and to commence permanent eradication efforts that will span 3 to 5 years is approximately $80,000 for the first year, and approximately $15,000 annually thereafter. If these weeds are not eradicated in the near future (i.e., over the next 1 R:%agdrpt\99\0914~arundoandtamariskabatement At this stage, the weeds have been found to be in clumps spread sporadically along the entire length of Murrieta Creek. Estimated cost to remove these plants and to commence permanent eradication efforts that will span 3 to 5 years is approximately $80,000 for the first year, and approximately $15,000 annually thereafter. If these weeds are not eradicated in the near future (i.e., over the next 18 months) while they are still relatively sparse in quantity, then the City risks a major eradication effort that could cost hundreds of thousands of dollars and may span from 10 to 20 years in follow-up maintenance to ensure permanent eradication. In an effort to maintain Murrieta Creek flow, each year, between the months of September and November, Riverside County Flood Control mows the Creek. Due to the nature of this project, staff will not be able to complete the Arundo and Tamarisk eradication efforts prior to this years annual mowing. As a part of the development of the eradication plan the Public Works Department will attempt to negotiate habitat mitigation credits that can be applied to other City projects. Based on this information, staff recommends that Riverside County Flood Control perform annual Creek mowing for this cycle, and that Arundo and Tamarisk eradication be considered in next years budget for the Fall of 2000. FISCAL IMPACT: If Council directs staff to pursue eradication efforts, funds in the amount of $80,000 must be appropriated from the General Fund Reserve to cover the initial removal effort for this project. Staff is recommending that these funds be budgeted in the Fiscal Year 2000-01 Annual Operating Budget for initial eradication in the Fall of 2000. For future year maintenance, funds will be budgeted each year during the Annual Operating Budget Process. R:\agdrpt~99\0914\arundoandtamariskabatement