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HomeMy WebLinkAbout061494 CC AgendaAGENDA TEMECULA CITY COUNCIL A REGULAR MEETING COMMUNITY RECREATION CENTER - 30875 RANCHO VISTA ROAD JUNE 14, 1994- 7:00 PM ,. EXECUTIVE' SESSION:':S:30:PM; :.~0Sed:. i.s~iiO,=' ~:the=~t~:. C0.n~il';.pursUant to' · Government coljb §54957:6~'CONFERENCE;:WlTH:i;jABOR= NEGOTIATOR :,E Agency' .negotiators,'" :.HarwOod EdvalSon and Grant..Yates - Employee organization: Teamsters · Local 9 i 1, repres~ntlng ·General· and .'rmfessi0na!~con~der!al:':e!i~yae; groups~ ...: .. Government Cbde §54959;9 (b): regarding potential litigation; ar~!':'i54956.9Tort .... At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM. CALL TO ORDER: Invocation: Next in Order: Ordinance: No. 94-16 Resolution: No. 94-58 Mayor Ron Roberrs presiding Pastor Gary Nelson, Calvary Chapel of Temecula Flag Salute: Councilmember Birdsaft ROLL CALL: Birdsall, Mur~oz, Parks, Stone, Roberts PRESENTATIONS/ PROCLAMATIONS Proclamation - CRC Day 6th and 7th Grade Bicycle Safety Essay Contest Awards Special Recognition, Mark Katan, Target Stores PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item not listed on the Agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. R:V~gende~81494 I When you ere called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Council gets to that item. There is · 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 May 10, 1994; 2.2 Approve the minutes of May 23, 1994; 2.3 Approve the minutes of May 24, 1994. 3 R:~4enda%O81484 Resolution ADOrOvinQ List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: .. RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 2 4 City Treasurer's Reoort RECOMMENDATION: 4.1 Receive end file the City Treasurer's report as of April 30, 1994. 6 Records Destruction Reouest RECOMMENDATION: 5.1 Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. ; Caoital Imorovement Proiect - Rancho California Soorts Park Desiltation Lake Imorovement Proiect RECOMMENDATION: 6.1 Approve Amendment No. I for 912,000 to the design contract with J.F. Davidson Associates, Inc. for preparation of a biological study and analysis. 6.2 Appropriate $12,000 to Capital Projects Account No. 210-190-138-5802and approve an operating transfer from Development Impact Fund of 912,000, establishing the Rancho California Desiltation Lake Improvement Project. 7 Aoorooriation of Funds Within the Insurance Internal Service Fund RECOMMENDATION: 7.1 Approve appropriation of funds as follows: Property Insurance $ 5,000 Claims Examiner $ 6,500 Claims $ 69,000 Other Outside Services $ 2,300 Contract Change Order Nos. 12 throuQh 14 for the Liefer Road Bridge and Street Imorovements. Project No. PW93-02 RECOMMENDATION: 8.1 Approve the final Contract Change Orders Nos. 12 through No. 14 for Liefar Road Bridge and Street Improvements Project, PW93-02, pertaining to labor and equipment for various items of work, in the amount of 916,655.40. R:%Agenda%061494 3 8.2 Approve an advance from the Development Impact Fund of ~2,450.96 to the Capital Projects Fund. 9 10 Substitute Subdivision Improvement Aareement and Public Imorovement Bond Riders in Tract No. 22916-F RECOMMENDATION: 9.1 Accept the Substitute SubdivisiOn Improvement Agreement and riders for Faithful Performance and Labor and Material' Bonds for Street, Water, and Sewer Improvements, and Subdivision Monumentation Bond Rider in Tract No. 22916-F, and Direct the City Clerk to so adv!se the Developer and Surety. Final Parcel Mao No. 25538 - Southeastern Terminus of Estero Street RECOMMENDATION: 10. 1 Approve Final Parcel Map No. 25538, subject to the Conditions of Approval. 11 Final Parcel MaD NO. 24633 - Northeast Corner of Estero Street and Ormsbv Road RECOMMENDATION: 11.1 Approve Final Parcel Map No. 24633, subject to the Conditions of Approval. 12 Bond Reduction and Substitute Subdivision Improvement AQreement and New Public Improvement Bonds in Tract No. 22915-2 RECOMMENDATION: 12.1 Authorize a' sixty-five (65) percent reduction in Faithful Performance, Street, Water and Sewer improvement bond amounts, accept the substitute Subdivision Improvement Agreement and new Public Improvement Bonds in Tract No. 22915-2 and Direct the City Clerk to so advise the Developer and Surety. 13 Substitute Subdivision Improvement AQreement and Public Improvement Bond Riders in Tract No. 22916-2 RECOMMENDATION: 13.1 Accept Substitute Subdivision Improvement Agreement and Riders to Faithful Performance and Labor and Material Bonds for Street, Water and Sewer Improvements, and Subdivision Monumentation Bond Rider in Tract No. 22916-2, and Direct the City Clerk to so advise the Developer and Surety. R:~a~ende'%081484 4 14 Bond Reduction and Substitute Subdivison Imorovement Agreement and New Public Imorovement Bonds in Tract No. 22915-3 RECOMMENDATION: 14.1 Authorize a fifth-three (53) percent reduction in Faithful Performance Street, Water and Sewer Improvement Bond Amounts, accept the Substitute Subdivision Improvement Agreement and Public Improvement Bonds in Tract No. 22915-3 and Direct the City Clerk to so advise the Developer and Surety. 15 Substitute Subdivision Improvement AGreement and RePlacement Public Improvement Bonds in Tract No. 22916-3 RECOMMENDATION: 15.1 Accept Substitute Subdivision Improvement Agreement and Replacement of Faithful Performance and Labor and Material Bonds for Street and Water and Sewer Improvements, and Subdivision Monumentation Bond in Tract No. 22916-3 and Direct the City Clerk to so advise the Developer and Surety. 16 Award Bid to Remove Three Desilting Ponds Along with Debris and Sediment in the SantiaGo Channel from Vallejo Avenue to John Warner Road RECOMMENDATION: 16.1 Award a bid for removal of sediment of three (3) desilting ponds in Santiago Channel to Moody Excavating, the lowest responsible bidder, for the sum of $18,534.34. 17 Completion and Acceptance of the Puiol Street and First Street .Widening, Project No. PW92-09 RECOMMENDATION: 17.1 Accept the Pujol St. and First St. Widening Project No. PW92-09, as complete and direct the City Clerk to: File the Notice of Completior~, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. R:%'s'iende%061494 6 18 19 Solicitation of Construction Bids for the Installation of Traffic Sianal and Vehicle Pre- emotion Eauioment, Project No. PW 94-05 RECOMMENDATION: 18.1 Approve the construction plans and specifications and authorize the Public Works Department to solicit public construction bids for providing and installing Traffic Signal Pre-emption equipment at the intersections of Rancho California Road and Front Street, Rancho California Road and. Diaz Road, Margarita Road and Rancho Vista Road, Margadta Road and Moraga Road, and the providing and installing of Vehicle Pre-Emption equipment on nine (9) Fire Department vehicles. Project No. PW94-05. Contract for Professional Services with C.M. "Max" Gilliss RECOMMENDATION: 19.1 Approve and authorize the Mayor to execute Professional Services Agreement with C.M. "Max" Gilliss to act as a liaison between the City and Government Agencies and special interest groups for an amount not to exceed $8,400. 20 Solicitation of Construction Bids for the Construction of a Temporary Traffic Signal at Winchester and Nicolas Roads, Project No. PW93-11 RECOMMENDATION: 20.1 Approve the Construction Plans and Specifications and authorize the Public Works Department to solicit public construction bids for the construction of a temporary traffic signal on Winchester and Nicolas Roads, Project No. PW93-11. "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. R:~gencle~Oe14N, 21 22 Chanae of Zone No. 5570 - Johnson + Johnson - a reauest for the Redesionation of Three Parcels from R-A-5 (Residential Agricultural, 5 acre minimum parcel size) to R-3 (General Residential) and C-O (Commercial office) located at the northeast corner of Ynez and Rancho Vista Roads RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. 94-' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING WITHOUT PREJUDICE CHANGE OF ZONE NO. 5570 - A REQUEST TO CHANGE THE ZONE ON THREE PARCELS FROM R-A-5 (RESIDENTIAL AGRICULTURAL 5 ACRE MINIMUM PARCEL SIZE) TO C-0 (COMMERCIAL OFFICE) ON PARCELS NO. I AND 3 AND FROM R-A-5 TO R-3 (GENERAL RESIDENTIAL) ON PARCEL NO. 2 ON PROPERTY LOCATED AT THE NORTHEASTERN CORNER OF RANCHO VISTA AND YNEZ ROADS AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 9a.a.-290- 015, 944-290-016, AND 944-290-017 AoDeal of Plannincj ADDliCatiOn NOS. 93-0157 and 94-0002 (Temecula Valley Unified School District Maintenance. Operation and TransPortation Facility and Associated Environmental Impact RePOrt An appeal, filed by Councilmember Mu~oz, of the decision of the Temecula Planning Commission to approve a Conditional Use Permit for property located North of Winchester Road and west of the extension of Roripaugh Road. RECOMMENDATION: 22.1 Adopt a resolution entitled: RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA UPHOLDING THE PLANNING COMMISSION DECISION TO APPROVE PLANNING APPLICATION NO. 93-01576, A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION AND OPERATION OF A TRANSPORTATION, ADMINISTRATION AND MAINTENANCE FACILITY FOR THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT R:~4~e~de%061494 7 23 23.2. Adopt a resolution entitled: RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING ENVIRONMENTAL IMPACT REPORT (PLANNING APPLICATION NO. 94-0002), ADOPTING FINDINGS OF FACT AND STATEMENTS OF OVERRIDING CONSIDERATION AND APPROVING THE MITIGATION MONITORING PROGRAM ON PROPERTY LOCATED NORTH OF WINCHESTER ROAD AND WEST OF THE EXTENSION OF RORIPAUGH ROAD, KNOWN AS ASSESSOR'S PARCEL NO. 911 o 180 -024 Lease Aqreement with the Temecula Valley Historical Museum Foundation RECOMMENDATION: 23.1 Adopt a resolution entitled: RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE LEASE OF PROPERTY WITHIN SAM HICKS MONUMENT PARK FOR THE TEMECULA MUSEUM 23.2 23.3 23.4 Accept the Summary Report Pursuant to Section 33433 of the California Community Redevelopment Law on an amended and restated Lease by and between the City of Temecula and the Old Town Temecula Historical Museum Foundation. Approve the amended and restated Museum Lease Agreement by and between the City of Temecula and the Old Town Temecula Historical Museum Foundation. Appropriate $500,000to Capital Projects Account No. 210-190-808.-5804and approve an operating transfer from Development Impact Fund of $500,000 to fund the renovation of St. Catherine's Church and the construction of the Temecula Valley Historical Museum at Sam Hicks Monument Park. R:que~enda~061494 8 COUNCIL BUSINESS 24 Entertainment Licensing Ordinance RECOMMENDATION: 24.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 94- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.10 'SPECIAL LICENSES-BARS, NIGHT CLUBS, DANCE HALLS, POOLROOMS, ETC.,' TO THE TEMECULA MUNICIPAL CODE 25 Extension of Time for Variance No. 10 - a Fifty-Five (55) Foot Hiqh Freeway Oriented Siqn for Creekside Texaco RECOMMENDATION: 25.1 Provide direction to Staff regarding Variance No. 10. 26 International Rectifier Owner Particioation AQreement RECOMMENDATION: 26.1 Adopt a resolution entitled: RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER. PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND INTERNATIONAL RECTIFIER, A CALIFORNIA CORPORATION 27 Financinc~ and Construction AQreement ReQardinq the Wideninq of Marqarita Road Between Rancho California Road and La Serena Way RECOMMENDATION: 27.1 Approve the agreement with MargaFjta Village Retirement Community, Inc. providing for the financing and construction of the East side of Margarita between Rancho California Road and La Serena Way to ultimate width, and authorize the Mayor to execute the agreement; R:%~q)e~ia%O61484 9 28 27.2 Appropriate $168,517 in the Margarita Road Reimbursement District Fund Account No. 220-165-610-5804; 27.3 Approve a $168,517 advance from the Development Impact Fund to the Margarita Road Reimbursement District Fund. City ManaQer's Contract RECOMMENDATION: 28.1 Approve the City Manager's employment contract and'authorize the Mayor and City Clerk to execute the agreement. 29 Ordinance Restrictina Trucks Over Six Thousand (6.000) Pounds on Rainbow Canyon Road from Pala Road to the Southern City Limit RECOMMENDATION: 29.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 94- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING CHAPTER 10.20 OF THE TEMECULA MUNICIPAL CODE TO ADD WEIGHT LIMITS ON DESIGNATED STREETS CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next meeting: June 28, 1994, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:%A~enda%061494 10 TEMECULA COMMUNITY SERVICES DISTRICT MEETING - (To be held at 8:00) CALL TO ORDER: President Jeffrey E. Stone ROLL CALL: DIRECTORS: Birdsall, Mu~oz, Parks, Roberrs, Stone PUBLIC COMMENT: Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak' to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of May 10, 1994; 1.2 Approve the minutes of May 24, 1994. Contract ChanQe Order No. 14- Community Recreation Center. Phase II, Project No. PW92-29B RECOMMENDATION: 2.1 Approve Contract Change Order No. 14 for the Community Recreation Center - Phase II, Project No. PW92-29B, for labor, material, and equipment in the amount of $48,862. 2.2 Transfer $48,862 from Development Impact Fees to the Capital Projects Fund and appropriate $48,862 to Account No. 250-190-129-5804. Award of Construction Contract for Loma Linda Park - Phase II, Project No. PW94-02CSD RECOMMENDATION: 3.1 Award a contract for Loma Linda Park, Phase II, Project PW94-02CSD, to Marina Contractors, Inc. for $104, 104.00 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 $10,410.40, which is equal to 10% of the contract amount. 2 R:~/~erda~O81484 3 4 Reolacement of Landscape Bonds for SlOpe Imorovements - Cosrain Homes/VintaQe Hills RECOMMENDATION: 4.1 Authorize-the replacement of landscape bonds for slope improvements to Tract No. 22915-02, Tract No. 22915-3, and Tract No. 22916-3 - Cosrain Homes/Vintage Hills. PUBLIC HEARINGS Any person may submit written comments to the 'Board of Directors 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. 5 TCSD Proposed Rates arid CharQes for Fiscal Year 1994-1995 RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. CSD 94- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR COMMUNITY SERVICES, PARKS AND RECREATION, STREET LIGHTING, SLOPE MAINTENANCE, RECYCLING AND REFUSE COLLECTION SERVICES, AND STREET AND ROAD IMPROVEMENTS FOR FISCAL YEAR 1994-1995 · GENERAL MANAGERS REPORT- Bradley DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next meeting June 28, 1994, 8:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:~enda%0814 g4 12 TEMECULA R'EDEVELOPMENT AGENCY MEETING CALL TO ORDER: Chairperson Ronald J. Parks presiding ROLL CALL: AGENCY MEMBERS: Birdsall, Mufioz,. Roberrs, Stone, Parks PUBLIC COMMENT: Anyone wishing to address the Agency, should present a completed pink "Request to Speak' to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of May 10, 1994; 1.2 Approve the minutes of May 24, 1994. PUBLIC HEARINGS Any person may submit written comments to the Redevelopment Agency before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in 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. 2 R:'~a~Oerda%Oe1494 International Rectifier Owner Participation Aareement RECOMMENDATION: 2.1 Conduct a public hearing and, 2.2 Adopt a resolution entitled: RESOLUTION N0. RDA 94- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND THE CITY OF TEMECULA AND INTERNATIONAL RECTIFIER, A CALIFORNIA CORPORATION 13 AGENCY BUSINESS 3. Authorize Consultino Contracts with Wimberlee, Allison, Tong & Goo and Barton Aschman RECOMMENDATION: 3.1 Authorize the Chairperson to execute an agreement with Wimberly Allison Tong & Goo for architectural and planning services not to exceed $54,620 and with Barton- Aschman for traffic impact analysis not to exceed $34,000. Agreements will be subject to approval of the Executive Director and General Counsel as to final form. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT: Next Meeting: June 28, 1994, 8:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:~Agenda~O61494 14 PROCLAMATIONS/ PRESENTATIONS The City of Temecula PROCLAMATION WHEREAS, the Temecula Community Recreation Center began as the dream of the · CRC Foundation in 1989; and WHEREAS, the Foundation established a three-year goal of raising $300,000 to go toward a Recreation Center for the community;. and WHEREAS, this goal was to raise these funds through community sponsorships, donations and fund raising activities; and WHEREAS, the Foundation reached their goal'on December 9, 1993, and did in fact exceed the goal of raising $300,000; and WFIEREAS, individuals who "Bought a Square Foot" of the facility raised over $30,000 and local corporations made substantial donations, NOW, T]:FEREFORE, I, Ron Roberts, on behalf of the City Council of the City of Temecula, hereby proclaim June 10, 1994 to be "CRC Foundation Day" IN W$S WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 10th day of June, 1994. Ron Roberrs, Mayor June S. Greek, City Clerk ITEM 1 ITEM NO. 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD MAY 1 O, 1994 A regular meeting of the Temecula City Council was called to order at 5:35 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Ron Roberrs presiding. PRESENT 4 COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Roberts ABSENT: I COUNCILMEMBERS: Stone Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. EXECUTIVE SESSION A meeting of the City of Temecula City Council was called to order at 5:38 PM. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to adjourn to Executive Session pursuant to Government Code §54957.6, Conference with Labor Negotiator, Agency Negotiator: Harwood Edvalson and Grant Yates. Employee organization: Teamsters Local 911, representing General and Professional/Confidential employee groups; and Government Code §54956.9(a) Mutziger v. Bedford Properties; Bedford Properties v. city of Temecula. The motion was unanimously carried with Mayor Pro Tem Stone absent. INVOCATION The invocation was given by Pastor W. M. Rench. PLEDGE OF ALLEGIANCE The audience was led in the flag salute. by Councilmember Parks. PUBLIC COMMENTS Michelle Bedard, 39857 Knollridge Drive, requested the City Council appeal the decision of the Planning Commission to approve the Temecula Valley Bus Barn Project. She presented two letters to the City Clerk in opposition to the project. Councilmember Mu~oz stated he is willing to appeal the decision so that residents will have the opportunity to voice their opposition, howev, er he asked that there be support from the community present. Councilmember Parks stated he received a call regarding this project but will not be able to participate in these proceedings since his firm is doing work for the school district. Councilmember Mu~oz formally appealed the project. Minutes~5~l 0\94 -1 - O513 1/94 CiW Council Minutes May 10, 1994 CITY COUNCIL REPORTS Councilmember Parks stated he at-tended a SCAG meeting last Thursday, and the Regional Comprehensive Plan was discussed. He also announced that the California Gnatcatcher is no longer listed as "threatened species." Councilmember Mu~oz announced that May 18, 1994 is "Transit Appreciation Day," and all fixed routes will be available to riders at no charge. CONSENT CALENDAR Councilmember Birdsall questioned Item No. 8 if the median is going to be primarily landscaped with roses. Director of Public Works Tim Serlet stated it will have roses but will be a more elaborate design than those on Rancho California Road. Councilmember Parks requested the removal of Consent Calendar Item No. 6. He also stated that regarding Item No. 8, he would like to be kept informed earlier in the process for projects such as this, so that Council input can be given. He stated he did have the opportunity to discuss Item No. 5 with staff and approximately $30,000 of the change orders can be attributed to Rancho California and Winchester Roads. He recommended approval of this item. It was moved by Councilmember Birdsall, seconded by Councilmember Mu~oz to approve Consent Calendar Items 1-5 and 7-19. The motion was carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Roberrs NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Stone 1. Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in he agenda. Minutes 2.1 Approve the minutes of April 5, 1994. ., Resolution Aoorovina List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 9441 Minutes~5~l 0\94 -2- 05~1~4 CiW Council Minutes MaY 10, 1994 e e 7~ e 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 March 31.1994 4.1 ' Receive and file the City Treasurer's report as of March 31, 1994. Contract Amendment No. 7 to Community Facilities District 88-12 EnQineerinQ Services Contract with J.F. Davidson Associates. Inc. for the Overland Drive OvercrossinQ Imorovement Proiect 5.1 Approve Contract Amendment No. 7 to provide additional engineering services for CFD 88-12 by J.F. Davidson Associates, Inc. (JFD) for the Overland Drive Overcrossing Improvement Project in the amount of $106,888. Combininq Balance Sheets as of March 31. 1994 and the Statement of Revenues, Exoenditures and Chanaes in Fund Balance and the Statement of Revenues, Exoenses and Chanqes in Retained Earnines for the Nine Months Ended March 31.1994 7.1 Receive and file the Combining Balance Sheets as of March 31, 1994 and the Statement of Revenues, Expenditures and Changes in Fund Balances and the Statement of Revenues, Expenses and Changes in Retained Earnings for the nine months ended March 31, 1994. Award Contract for Ynez Road Landscaoe Improvements Project No. PW 94-04 8.1 Award a contract for the Ynez Road Landscape Improvements, PW94-04, to Emerald Landscape Services for $188,962and authorize the Mayor to execute the contract; 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $18,896 which is equal to 10% of the contract amount. COmPletion and Acceptance of the Marearita Road Sidewalk Improvements, Project No. PW93-08 9.1 Accept the Margarita Road Sidewalk Improvements, Project No. PW93-08, as complete and direct the City Clerk to: File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenanc~ Bond in the amount of 10% of the contract; Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. Minutes\5\ 10\94 -3- 05/31/94 City Council Minutes May 10. 1994 10. 11. 12. 13. Contract Change Orders Nos. 05 throuQh No. 11 for Liefer Road Bridge and Street Imorovements Project, PW93-02 10.1 Approve the final Contract Change Orders Nos. 05 through No. 11 for Liefer Road Bridge and Street Improvements Project, PW93-02 pertaining to labor and equipment for various items of work, in the amount of $15,420.60. 10.2 Approve an advance from the DeVelopment Impact Fund of $13,383.35to the Capital Projects Fund. Summary Vacation of Portions of Banana Street. Hamilton Avenue. Aoricot Street and John Jay Avenue 11.1 Adopt a resolution entitled: RESOLUTION NO. 9443 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, TO SUMMARILY VACATE PORTIONS OF BANANA STREET, HAMILTON AVENUE, APRICOT STREET AND JOHN JAY AVENUE PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 3, PART 3, DIVISION 9 OF THE · STREETS AND HIGHWAY CODE Acceptance of an Offer of Dedication - Storm DrainaQe Easement Over a Portion of Lot 273 of Tract MaD 3883 (APN 919-208-010) Abuttinc~ Calle Fiesta 12.1 Adopt a resolution entitled: RESOLUTION NO. 94-44 A RESOLUTION OF THE CITY .COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING THE OFFER OF DEDICATION OF A STORM DRAINAGE EASEMENT OVER A PORTION OF LOT 273, TRACT MAP 3883 (APN 919-200-010)ABUTTING CALLE FIESTA Resolution in SUDDOrt Of Zero-Emission Vehicle Program 13.1 Adopt ~ resolution entitled: RESOLUTION NO. 9445 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE CONTINUATION OF THE LOW EMISSIONS VEHICLE AND CLEAN FUELS REGULATION, PARTICULARLY THE ZERO EMISSION VEHICLE MANDATE Mi nutes\5~ 10\94 -4- 05/31/94 CiW Council Minutes May 10, 1994 14. 15, 16. 17. Settino the Date, Time and Location of PlanninQ Commission Meetinas 14.1 Adopt a resolution entitled: RESOLUTION NO, 94-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING · THE DATE, TIME AND LOCATION OF PLANNING COMMISSION MEETINGS Comoletion and Acceptance of Ynez Road Widenino Project. project No. PW92-05, CFD 88-12 15.1 File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 15.2 Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. Amendment of 20th Year Community Development Block Grant APpliCatiOn 16.1 Delete the request for Community Development Block Grant {CDBG) funding for the Rancho California Sports Park Desiltation Project and add Sam Hicks Monument Park Improvements to the 20th Year Community Development Block Grant (CDBG) application. Resolution AOOrovinq City Attorney and Assistant City Attorneys 17.1 Adopt a resolution entitled: RESOLUTION NO. 9447 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY ATTORNEY AND ASSISTANT CITY ATTORNEYS SECOND READING OF ORDINANCES 18. Ordinance No. 94-12 18.1 Adopt an' ordinance entitled: ORDINANCE NO. 94-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO COMMERCIAL AND CHARITABLE SOLICITATIONS AND ADDING CHAPTER Mi nutes\5\ 10\94 -5- 05/31/94 CiW Counoil Minutee May 10. 1994 19. 5.16 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING REGULATIONS FOR CHARITABLE, RELIGIOUS AND COMMERCIAL SOLICITATIONS Ordinance No. 94-13 19.1 ' Adopt an ordinance entitled: ORDINANCE NO. 94-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING STANDARDS FOR WATER EFFICIENT LANDSCAPE DESIGN "No Parkina" Zone on the North Side of Rancho Vista Road from 290 Feet West of Arao Court to 480 Feet East of Southern Cross Road Councilmember Parks expressed concern over restricting parking in an area that has been used for Sports Park overflow parking. Director of Public Works Tim Serlet reported this request was initiated by the Public/Traffic Safety Commission, due to the need for a left turn pocket into the CRC. Councilmember Birdsall said she is concerned witheliminating parking until the Sports Park parking lot construction is completed in the Spring. Director of Community Services Shawn Nelson reported that parking at the CRC has worked well for overflow purposes. Mayor Roberrs expressed concern that no cross walk exists in this area. Councilmember Parks stated he also feels there is a need for a crossing at the CRC and suggested referring this issue back to the Traffic Commission to consider these options. It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to approve staff recommendation with instruction to staff that the Council's comments be returned to the Public Traffic Safety Commission for further review. 6.1 Adopt a resolution entitled: RESOLUTION NO. 9442 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "NO PARKING" ZONE ON THE NORTH SIDE OF RANCHO VISTA ROAD FROM 290 FEET WEST OF ARGO COURT TO 480 FEET EAST OF SOUTHERN CROSS ROAD Minutes\5~l 0~94 -6- 05/31/94 City Council Minute May 10, 1994 The motion was unanimously carried, with Mayor Pro Tem Stone absent. PUBLIC HEARINGS 20. 21. Ordinance Amendina Land Use Code Reaardino Plot Plans. Conditional Use Permits and Public Use Permits Director of Planning Gary Thornhill presented the staff report, and recommended that Section 4 of the ordinance be removed. Mayor Roberts opened the public hearing at 7:52 PM. Hearing no requests to speak, Mayor Roberts closed the public hearing at 7:52 PM. It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to approve staff recommendation 20.1, with the removal of Section 4 as follows: 20.1 Read by title only and introduce an Ordinance entitled: ORDINANCE NO. 94-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE CODE REGARDING THE TERM OF PLOT PLANS, CONDITIONAL USE PERMITS, AND PUBLIC USE PERMITS The motion was unanimously carried with Mayor Pro Tern Stone absent. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to approve staff recommendation as follows: 20.2 Adopt a resolution entitled: RESOLUTION NO. 9448 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECOMMENDING ADOPTION OF AN ORDINANCE AMENDING THE LAND USE CODE REGARDING THE TERM OF PLOT PLANS, CONDITIONAL USE PERMITS, AND PUBLIC USE PERMITS The motion was unanimously carried with Mayor Pro Tem Stone absent. Minor Chanc;e to Tentative Parcel Mac Nd, 26232 Revised No. I (PA94-0033), DMWR, LTD Director of Planning Gary Thornhill presented the staff report and advised that the Conditions of Approval should include Number 60 and 61 in the "prior to issuance of Minutes\5\ 10\94 -7- 05~31/94 CiW Council Minutes May 10. 1994 grading permitS" section and Condition No. 20 in the "prior to recordation of final map" section, Councilmember Mufioz suggested placing consideration of widening of Winchester Road on a future agenda. Mayor Roberts opened the public hearing at 8:00 PM. Michael Perry, representing the applicant, spoke in favor of being allowed to complete the improvements. However, he objected to being required to double the bond amount and advised that currently he is required to carry 8% of the cost of the entire assessment district. Dennis Chiniaeff, representing Kemper Development, recommended that a list of locations be maintained. He stated it is his understanding that Series C bonds would only be an $8,000,000 issue and would not include all of Winchester Road. Mayor Roberts closed the public hearing at 8:07 PM. It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to approve staff recommendations as follows: 21.1 Reaffirm the Negative Declaration for Tentative Parcel Map No. 26232, Revised No. I (PA93-0141); 21.2 Adopt a resolution entitled: RESOLUTION NO. 9449 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING MINOR CHANGE TO TENTATIVE PARCEL MAP NO. 26232, REVISED NO. I (PA 94-0033)TO DELETE CONDITIONS OF APPROVAL NO. 25 AND 60 AND TO ADD THREE {3) NEW CONDITIONS TO THE CONDITIONS OF APPROVAL FOR PA 93-0141 TO ALLOW DEFERRING THE BONDING REQUIREMENT FOR WINCHESTER ROAD, NOT INCLUDING THE PARKWAY IMPROVEMENTS, FROM PRIOR TO RECORDATION OF THE FINAL MAP TO PRIOR TO ISSUANCE OF GRADING PERMITS FOR THE PROJECT LOCATED ON THE SOUTH EAST CORNER OF NICOLAS ROAD AND WINCHESTER ROAD The motion was unanimously carried with Mayor Pro Tem absent. RECESS Mayor Roberts called a recess at 8:08 PM. The meeting was reconvened at 9:08 PM following the previously scheduled CSD and RDA Meeting. Minutes%5% 10%94 -8- 05/31/94 City Council Minutes May 10. 1994 22. Procedures and Recommendations for Notice of Public Hearings Director of Planning Gary Thornhill presented the staff report. RECESS Mayor Roberrs called a brief recess at 9:20 PM to change the tape. The meeting was reconvened at 9:21 PM. Councilmember Birdsall expressed concern that changes made would become permanent and provide no method to return to legal requirements in the future. City Attorney Thorson reported that changes made would be binding, however the Council would have the future ability to change the procedure. Councilmember Mu~oz stated he favored the sign showing both the proposed action and date of the hearing. He supported noticing 1,000 feet when there are residential properties immediately adjacent, and requested the sign be posted for 30 days before the hearing. Director of Planning Thornhill requested that the length of time the noticing be posted be in accordance with that prescribed by law, stating most projects would have at least a 20-day notice. Councilmember Parks stated that the City is currently exceeding the legal requirements for notice by two times and stated that no matter how far out the noticing goes, complaints will be received. He stated he favored the suggestion that noticing go out far enough to include a minimum number of residents. Mayor Roberts said he feels if an adequate sign is posted, the radius of noticing currently in practice should be adequate:. It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to approve noticing at a 600 foot radius with the further requirement that in rural, or less dense areas, no fewer than 30 neighboring property owners are to be noticed. Timing for the posting of properties is to continue to be pursuant to code requirements. Homeowners Associations in close proximity of the property:are to be noticed and the mailing labels .are to be generated, using the method staff determines to be the most effective. The property signs are to be designed and constructed consistent with the exhibit showing the proposed use and hearing date. : The motion was unanimously carried with Mayor Pro Tem Stone absent. 23. Status Reoort on Winchester Interchanae, Overland BridQe, Winchester/Nicolas Sionalization, Right Turn Lane at Pala Road/Hiohwav 79 South, and Margarite Road WideninQ North of Rancho California Road Minutes\5%10%94 -9- 05/31/94 City Council Minutes 24. 25. May 10. 1994 Director of Public Works Tim Serlet presented the status report. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to receive and file report. The motion was unanimously carried with Mayor Pro Tem Stone absent. Temecula Town Association Assistance It was moved by Councilmember Birdsall, seconded by Councilmember Parks to continue the item to the meeting of May 24, 1994. The motion carried by the 'following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Stone ABSTAIN: I COUNCILMEMBERS: Mu~oz Abatement of Hazardous VeQetation from Vacant Lots or Parcels as oer Ordinance 91 - 18. Chanter 6.16 Chief Building Official Tony Elmo presented the staff report. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to approve staff recommendation as follows: 25.1 Set a public hearing for May 24, 1994 to confirm the cost of hazardous vegetation abatement. The motion was unanimously carried with Mayor Pro Tem Stone absent. CITY MANAGER REPORTS City Manager Ron Bradley welcomed Peter Thorson who has been appointed City Attorney for the City of Temecula. ., CITY ATTORNEY REPORTS City Attorney Thorson stated he is pleased to be here and has enjoyed his first coups of days as City Attorney. Minutes%5\10%94 -1 O- 05/31/94 CiW Council Minutes May 10. 1994 ADJOURNMENT It was moved by Councilmember Birdsall, seconded by Councilmember Mufloz to adjourn at 10:00 PM to a meeting on May 23, 1994, 8:30 AM, Joint Workshop between the Cities of Temecula and Murrieta and the Economic Development Corporation, at the Temecula Creek Inn. The motion was unanimously carried with Mayor Pro Tem Stone absent. ATTEST: Ron Roberts, Mayor June S. Greek, City Clerk Mi nutes\5~l 0~94 - 11 - 05/31/94 MINUTES OF A SPECIAL MEETING OF THE TEMECULA CITY COUNCIL HELD JOINTLY WITH THE CITY COUNCIL OF THE CITY OF MURRIETA AND THE TEMECULA/MURRIETA ECONOMIC DEVELOPMENT CORPORATION (EDC) MAY 23, 1994 A special meeting of the Temecula City Council was called to order at 8:50 AM, at the Temecula Creek Inn, Temecula, California. PRESENT 3 COUNCILMEMBERS: Stone, Parks, Roberrs ABSENT: 2 COUNCILMEMBERS: Birdsall, Mu~oz Also present was City Manager Ronald E. Bradley of the City of Temecula, Jack Smith of the City of Murrieta and Carliene M. Anderson, President of the Temecula-Murrieta Economic Development Corporation. PUBLIC COMMENTS No public comments were offered at this time. COUNCIL BUSINESS 1. Economic DevelOPment Workshop A workshop dealing with economic development in the region comprised of the Cities of Temecula and Murrieta and unincorporated areas of Southwest Riverside County was led by Steve PonTell. Mr. PonTell is a senior fellow of the Center for the New West, an economic development "think tank" serving the Western United States. Discussion of past efforts and future goals of EDC was held. Direction was given to EDC to make a formal request to the City Council regarding funding. ADJOURNMENT The meeting was adjpurned at 11: 12 AM. ATTEST: Ron Roberts, Mayor Ronald E. Bradley, City Manager Minutes 5123/94 -1- 05131/94 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MAY 24, 1994 A regular meeting of the Temecula City Council was called to order on Tuesday, May 24, 1994, 5:30 P.M., at the Temecula Community Recreation Center, 30875 Rancho Vista Road, Temecula, California, Mayor Ron Roberrs presiding. PRESENT: 5 COUNCILMEMBERS: Birdsall, Munoz, Parks, Stone, Roberrs ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ron Bradley, :Assistant City Attorney Cheryl Kane, and Deputy City Clerk Susan Jones. EXECUTIVE SESSION A meeting of the City of Temecula City Council was called to order at-5:30 P.M. It was moved by Mayor Pro Tem Stone, seconded by Councilmember Parks to adjourn to Executive Session pursuant to Government Code §54957.6, CONFERENCE WITH LABOR NEGOTIATOR, Agency negotiator: Harwood Edvalson and Grant Yates. Employee organization: Teamsters Local 911, representing General and Professional\Confidential employee groups; Government Code §54957, to discuss Public Employee Appointment: City Manager Recruitment; and Section 54956.9(b) Conference with Legal Counsel - Anticipated Litigation in two matters. The motion was unanimously carried. The meeting was reconvened at regular session at 7:15 P.M. INVOCATION The invocation was given by Father Ed Renner, St. Thomas Episcopal Church. FLAG SALUTE Mayor Pro Tern Stone led the flag salute. City Manager Ron Bradley stated the City Council meet in closed session to discuss Labor Negotiations and recruitment of the new City Manager. PRESENTATIONS/PROCLAMATIONS Mayor Roberts proclaimed the week of May 22.- May 28 to be "Volunteer Police Officers Week". ' Mayor Roberrs proclaimed the week of May 23 - May 27 to be "American Heritage Week". CCMINOSI24/94 1 O6101194 TEMECULA CITY COUNCIL MINUTES MAY 24, 1994 City Finance Officer Mary Jane Henry presented the City Council with the GFOA Distinguished Budget Presentation Award granted to the City of Temecula for 1993-1994. PUBLIC COMMENTS None CITY COUNCIL REPORTS Mayor Pro Tem Stone thanked the City of Temecula Police Volunteers and the City of Temecula Finance Department for their hard Work. Councilmember Parks thanked the City of Temecula Finance Department. Councilmember Parks stated he feels there has been an influx of window painting and window advertising end the Temporary Sign Ordinance suspension time period has expired. He asked staff to bring this back to the City Council for review. Councilmember Munoz expressed his appreciation for being able to participate in the Sister City signing ceremony in Japan. Mayor Roberts said he also appreciated the opportunity to attend the ceremony. Mayor Roberts said the newest sister city, Nakayama, Japan has the same vision as the City of Temecula. He then presented the Official Proclamation to the Deputy City Clerk to be displayed at Temecula City Hall. CONSENT CALENDAR Mayor Pro Tem Stone stated he would abstain on Consent Calendar Item No. 13. Councilmember Munoz stated he would abstain on Consent Calendar Items No. 4, 5, 6 and 8. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to approve Consent Calendar Items 1 - 13. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Munoz, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: ' 0 COUNCILMEMBERS: None CCMIN05124/94 2 06/01194 TEMECULA CITY COUNCIL MINUTES 1. Standard Ordinance Adootion Procedure RECOMMENDATION: 1.1 MAY 24, 1994 Motion to waive the reading of the text of all ordinances and resolutions included in the agendao Minutes RECOMMENDATION: 2.1 Approve the minutes of April 26~ 1994; 2.2 Approve the minutes of May 2, 1994. Resolution ADoroving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 94-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Final Vestino Tract MaD No. 24135 (Located east of Margarita Road and south of Santiago Road) 4.1 Approve Final Vesting Tract Map No. 24135 subject to the Conditions of Approval. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Roberrs NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS': Munoz CCMIN05124194 3 06/01194 TEMECULA CITY COUNCIL MINUTES 5. MAY 24, 1994 Final Vestino Tract Mao No. 24135-2 (Located east of Margarita Road and north of De Portola Road) RECOMMENDATION: 5.1 Approve Final Vesting Tract Map No. 24135-2 subject to the Conditions of Approval. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: I COUNCILMEMBERS: Munoz e Final VestinQ Tract Mao No. 24131-2 (Located west of Meadows Parkway and south of Pauba Road) RECOMMENDATION: 6.1 Approve Final Vesting Tract Map No. 24131-2 subject to the Conditions of Approval. The motion carried as follows: AYES: 4 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 1 COUNCILMEMBERS: Acceptance Into the City-Maintained Storm Drain System - Storm Drain Facilities Within a Portion of Lot 273 of Tract Mao 3883 (APN 919-200-01 0) Abuttinq Call~ Fiesta ' RECOMMENDATION: 7o Adopt a resolution entitled: Birdsall, Parks, Stone, Roberts None None Munoz CCMIN05124194 4 06/01/94 TEMECULA CITY COUNCIL MINUTES 10. MAY 24, 1994 RESOLUTION NO. 94-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING INTO THE CITY-MAINTAINED STORM DRAIN SYSTEM - STORM DRAIN FACILITIES WITHIN A PORTION OF LOT 273 OF TRACT MAP 3883 (APN 919-200-010) ABUTTING CALLE FIESTA Final Parcel MaD No. 27239 (Located on the westerly side of Ynez Road between Winchester Road and Rancho Way) RECOMMENDATION: 8.1 Approve Final Parcel Map No. 27239 subject to the Conditions of Approval. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Munoz Solicitation of Construction Bids for the Modification of the Traffic Siqnal & Strioinq at the Intersection of Rancho California Road and Front Street (Project No. PW94- 09) RECOMMENDATION: 9.1 Approve the construction plans and specifications and authorize the' Department of Public Works to solicit public construction bids for providing and installing detector loops and re-striping on the northerly approach of Front Street at Rancho California Road. Acceptance Of Maintenance Easements on Ynez Road adjacent to Tower Plaza and Town Center for Traffic SiQnal Maintenance Within CFD 88-12 RECOMMENDATION: 10.1 Authorize the Mayor to execute the Agreement and Grant of Easements with the property owners along Ynez Road accepting easements for Traffic Signal Maintenance. CCMINOSI24/94 5 O6101194 TEMECULA CITY COUNCIL MINUTES MAY 24, 1994 10.2 Adopt a resolution entitled: RESOLUTION NO. 94-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING THE GRANT OF EASEMENTS FOR TRAFFIC SIGNAL MAINTENANCE ON YNEZ ROAD ADJACENT TO TOWER PLAZA AND TOWN CENTER 11. Rancho California Road Interchange Improvements. Caltrans CooPerative Design Aareement RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 94-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING COOPERATIVE AGREEMENT NO. 8-794, BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR DESIGN OF THE RANCHO CALIFORNIA ROAD INTERCHANGE IMPROVEMENTS 12. Overland Drive Overcrossing Improvements, Caltrans Cooperative Desian Aqreement RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 94-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING COOPERATIVE AGREEMENT NO. 8-793, BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR DESIGN OF THE OVERLAND DRIVE OVERCROSSING IMPROVEMENTS SECOND READING OF ORDINANCES 13. Ordinance No. 94-14 " RECOMMENDATION: 13.1 Read by title only and adopt an ordinance entitled: CCMIN05124/94 6 06/01/94 TEMECULA CITY COUNCIL MINUTES MAY 24, 1994 ORDINANCE NO. 94-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE CODE REGARDING THE TERM OF CONDITIONAL USE PERMITS, PUBLIC USE PERMITS AND PLOT PLANS The motion was carried by' the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Munoz, Park, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None XBSTAIN: 1 COUNCILMEMBERS: Stone PUBLIC HEARINGS 14. Abatement of Hazardous Veoetation from Vacant Lots or Parcels oer Ordinance 91- 18, Chaoter 6.16 Chief Building Official Tony Elmo presented the staff report. Mayor Pro Tem Stone asked who would be monitoring the properties scheduled to be disked to ensure no endangered wildlife is disturbed. Tony Elmo explained the Code Enforcement Officer is working with the Planning Department to monitor the properties to ensure compliance. Fire Chief Jim Wright explained how properties are determined to require weed abatement. Mayor Roberts opened the public hearing at 7:45 P.M. Hearing no requests to speak, the public hearing was closed at 7:45 P.M. It was moved by Councilmember Munoz, seconded by Mayor Pro Tem Stone to approve staff recommendation as follows: RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 94-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF SPECIAL ASSESSMENTS AGAINST CCMIN05124/94 7 06/01194 TEMECULA CITY COUNCIL MINUTES MAY 24, 1994 PARCELS OF LAND 'WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS WEEDS The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Munoz, Parks, Stone, Roberts None None COUNCIL BUSINESS 15. Temecula Town Association Assistance Community Services Director Shawn Nelson presented the staff report. He recommended the City Council establish criteria to deal with future requests for funding assistance from the City Council. Councilmember Munoz asked why a current appraisal was not submitted with the staff report. Finance Officer Mary Jane Henry said staff did not want to spend City funds on an appraisal if there was not Council approval for the request. Director Nelson said any loan would be contingent upon an updated appraisal. Councilmember Birdsall said in the past she has abstained from agenda items which pertained to the Temecula Town Association (TTA), however, she no longer receives income from the Association and has not received an income for over one year. Councilmember Munoz said he feels it is inappropriate for Councilmember Birdsall to vote on this item because of her close association in the past with the TTA. Mayor Pro Tem Stone said he also feels Councilmember Birdsall should step down on this issue. Councilmember Parks said he respects C.ouncilmember Birdsall's desire to vote on the issue. ' Mayor Roberts said he could not ask Councilmember Birdsall to step down when he has been allowed to vote on Balloon and Wine Festival issues, whose Board of Directors he serves on. CCMIN05/24/94 O6/01/94 TEMECULA CITY COUNCIL MINUTES MAY 24, 1994 Councilmember Birdsall announced she would voluntarily abstain on this issue. Barbara Pearson, 30150 Via Monterey, Temecula, provided a history of the Temecula Town Association and the work they do in the City of Temecula. She explained the TTA currently has outstanding loans at $200,000 and $50,000, both at 10% interest. She said the purpose of this request is to allow the association to repay those loans and save 5%. Councilmember Munoz asked how much the cost overruns were for the additional 1,000 square feet added to the community center on Pujol street during reconstruction. Ms. Pearson said she did not have that figure. Philip Hoxey, 43318 Cielo De Azul, Temecula, expressed his concern regarding the lending of City funds. Mr. Hoxey suggested if the City has money to lend, they should cut taxes or use the funds to improve roads and build a fire station on the East side of the freeway. Mayor Pro Tem Stone said he supports the TTA and the work they do in the City. He said he feels it is in the best interest of the City Council to assist the TTA, however, he suggested the Council consider a loan for $50,000 and a loan for $18,000 for seed money to operate the annual Temecula Tractor Race. Councilmember Munoz said he supports TTA efforts, however, he objects to the way the proposal was presented. Councilmember Munoz said he feels the Council should not consider themselves responsible for assisting other organizations in financial trouble. Councilmember Parks said the TTA has paid cash for everything in the past and they have not come before the City Council and asked for assistance. He said he feels the interest rate should be increased to 6%' to cover the cost of staff time. Mayor Roberts said he feels the request for $250,000 is excessive and would support the recommendation by Mayor Pro Tem Stone to lend $68,000. Councilmember Parks said he will support Mayor Pro Tem Stone's recommendation if he agrees to amend it by increasing the interest to 6%. Mayor Pro Tem Stone concurred and'asked staff to incorporate an acceleration clause so that, when the TTA property currently offered for sale is sold, the funds go directly to pay down the I st trust deed. At the recommendation of Community Services Director Shawn Nelson, Mayor Pro Tem Stone amended the motion to make the loan contingent upon a current low-cost appraisal and directed staff to develop criteria for future requests for community services funding assistance. CCMIN05124194 9 06/01/94. TEMECULA CITY COUNCIL MINUTES The motion was carried by the following vote: MAY 24, 1994 AYES: 4 COUNCILMEMBERS: Munoz, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: I COUNCILMEMBERS: Birdsall Mayor Roberts declared a recess at 9:00 P.M. The City Council was reconvened in regular session after the TCSD and RDA meetings at 9:23 P.M. 16. Review and Adoorion of the Prooosed Fiscal Year 1994-95 Ooeratinq Budqet - City Manager Ron Bradley presented the staff report. Finance Officer Mary Jane Henry reviewed the Annual Operating Budget. Mayor Pro Tem Stone suggested the following adjustments to the budget: Reduce Auto mileage allowance for City Councilmembers, by 9900.00 Delete One (1) City Manager trip, a reduction of 91,000.00 A 10% reduction in allocation for legal fees Reduce the duplication of subscriptions to the Kiplinger Letter in the Finance Department and the Community Services Department. Mayor Pro Tem Stone expressed concern regarding a significant increase in the cost for animal control services and suggested staff research the cost of other companies which provide those services. Councilmember Munoz expressed his support for Mayor Pro Tem Stone's recommendation. Councilmember Munoz said he would support additional reductions in City Manager trips. He said he would rather see the City Manager present in the City. Councilmember Munoz said he would like Police Chief Rick Sayre to have the opportunity to come forward with a request for an increase in staffing, especially in the area of motor officers. Councilmember Munoz said he would like see'the economic uncertainty designation fund balance doubled. It was moved by Councilmember Parks, .seconded by Mayor Pro Tem Stone to approve staff recommendation with follo~ving amendments: remove 9900 from City Council Mileage, remove 91,000 from City Manager travel, cut legal expenses by 10% or 930,000, cancel one subscription of the Kiplinger Letter, research costs of Animal Control to see if it is more economical to use a private contractor, increase the economic uncertainty designation fund balance of 1.2 million to 2.4 million, and CCM IN05/24/94 10 O6/01194 TEMECULA CITY COUNCIL MINUTES MAY 24, 1994 add another motor officer to police staff if deemed necessary by the'Police Chief and approve staff recommendation 16.2 and 16.3 as follows: 16.2 Adopt a resolution entitled: RESOLUTION N0.94-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING THE FISCAL YEAR 1994-95 OPERATING BUDGET 16.3 Adopt a resolution entitled: RESOLUTION NO. 94-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Munoz, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mayor Roberrs recessed the regular meeting at 10:05 P.M. to the TCSD meeting. The regular meeting was reconvened at 10:05 P.M. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to extend the meeting at 10:05 to 10:30 P.M. The motion carried with Councilmember Birdsall in opposition to the extension. 17. Community Services Commission ADoointment Deputy City Clerk Susan Jones presented the staff report. Mayor Pro Terh Stone advised the Councilmembers that applicant Sam Kennedy was unaware he must reside within the City limits to serve on a Commission, therefore because he is building a home .outside the City limits he is not eligible to serve on the Community Services Commission and has withdrawn his application. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to appoint Rich Soltysiak to fill the unexpired term of Evelyn Harker on the Community Services Commission. CCMIN05124/94 11 06/01194 TEMECULA CITY COUNCIL MINUTES The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: MAY 24, 1994 18. 19. Birdsall, Munoz, Parks, Stone, Roberrs NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CFD 88-12 (Ynez Corridor) - Construction of Storm Drain on the South Side of Solana Way from Ynez Road to Western of Marqarita Road Director of Public Works Tim Serlet presented the staff report. It was moved by Councilmember Birdsall, seconded by Mayor Pro Tem Stone to approve staff recommendation, Option No. 2, to construct the 78" storm drain with Bond proceeds but not to provide sales tax reimbursement for the debt service associated with the storm drain. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Munoz, Parks, Stone, Roberts None None Consideration of Ordinance Reaulatina Tax Cab Service Councilmember Birdsall suggested this item be continued unless it was an urgent matter. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to consider this item as an urgency. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS:' COUNCILMEMBERS: Birdsall, Munoz, Parks, Stone, Roberts None None CCMIN05124194 12 06/01194 TEMECULA CITY COUNCIL MINUTES MAY 24. 1994 Assistant City Manager Woody Edvalson presented the staff report. He advised Council of the following amendments to the Ordinances: Page 8, Section 12.08.618 (B) 1. and 2.: amended to include "or comparable violations in other jurisdictions". Page 9,' Section 12.08.620 (A): amended to read "...appeal such action(s) under Section 5~04.200 of the Temecula Municipal Code" and deleting Section 12.08.620 (B)-(E). Making the appeal process the same as for business licenses. Page 9, Section 12.08.621 (A) i.: amended to read "twelve (12) hours of such duty time". Councilmember Parks said he is willing to approve an urgency ordinance, however, he would like time to review the permanent ordinance prior to approving it. Ed Dool, representing Temecula Shuttle, 28657 Front Street, Temecula, expressed support of the Taxi-Cab ordinance. Alfred Persson, 147 S. Juanira, Hemet, representing Yellow Cab, expressed his support of the ordinance, however, he said he feels the insurance requirement is excessive. He said the insurance requirements for most other cities is $750,000 aggregate. David Terry, 29480 City Circle, Romoland, told the Council the insurance requirements are very prohibitive and a driver must have a clean record or the insurance companies will not insure them. Bob Mobley, Quality Taxi, advised the City Council they should not be concerned about being harmed in a lawsuit. Mr. Mobley said he feels the insurance requirements 8r6 excessive. It was moved by Councilmember Parks, seconded by Councilmember Munoz to approve the urgency ordinance with the modification that the City establish a rate for insurance not higher than the rate required by the County of Riverside and directed that the permanent ordinance have a provision which repeals the urgency ordinance. RECOMMENDATION: 19.1 Adopt an urgency ordinance entitibd: ORDINANCE NO. 94-15 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CCMIN05124194 13 06/01194 TEMECULA CITY COUNCIL MINUTES 19.2 MAY 24, 1994 TEMECULA ADDING CHAFFER 12.08 TO THE MUNICIPAL CODE RELATING TO TAXI CABS Introduce and read by title only an ordinance entitled: ORDINANCE NO. 94- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAFFER 12.08 TO THE MUNICIPAL CODE RELATING TO TAXI CABS It was moved by Councilmember Parks, seconded by Councilmember Munoz to approve staff recommendation 19.3 as follows: 19.3 Adopt a resolution entitled: RESOLUTION NO. 94-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING FEES AND CHARGES ASSOCIATED WITH CHAPTER 12.08 OF THE MUNICIPAL CODE RELATING TO TAXI CABS The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Munoz, Parks, Stone, Roberts NOES: 0 ABSENT: 0 COUNCILMEMBERS: None COUNCILMEMBERS: None City Manager Ron Bradley advised the public that taxi cab permits should be applied for at the Southwest Police Station beginning Wednesday, May 25, 1994. DEPARTMENTAL REPORTS None CITY MANAGER'S REPORT None CCMINO5124194 14 06101194 TEMECULA CITY COUNCIL MINUTES CITY ATTORNEY'S REPORT None MAY 24, 1994 ADJOURNMENT It was moved by Councilmember Munoz, seconded by Councilmember Parks to adjourn at 10:45 P.M. The next regular meeting of the Temecula City Council will be held on Tuesday, June 14, 1994, 7:00 PM, Community Recreation Center; 30875 Rancho Vista Road, Temecula, California. ATTEST: Mayor Ron Roberts June S. Greek, City Clerk CCMIN05124194 15 06/01194 ''M NO. 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AtJ~)WING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN ~HBIT A THE CITY COUNCIL .OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A have been audited by the City Manager, and that the same are hereby allowed in the amount of $1,465,494.51. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOFrED, this 14th day of/une, 1994. ATTEST: Ron Roberrs, Mayor June S. Greek, City Clerk [SEAL] STATE OF CALrFORNIA) COUNTY OF RIVERSIDE) CITY OF TtEVlECUI,A) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 94-- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 14th. day of June, 1994. by the following roll call vote: AYES: 0 COUNCIL1VIEMBERS: None NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCIL.MEMBERS: None June S. Greek, City Clerk terns 20 2 CITY OF TEMECULA LIST OF DEMANDS ~,119/94 TOTAL CHECK RUN: 05126/94 TOTAL CHECK RUN: 06/02/94 TOTAL CHECK RUN: 06114/94 TOTAL CHECK RUN: 06/14/g4 TOTAL CHECK RUN: 05/1g/94 TOTAL PAYRCU...: 06/02/94 TOTAL PAYROLL: TOTAL LIST OF DEMANDS FOR 06/14/94 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL $497,628.75 100 GAS TAX $42,849.60 165 RDA-LOW/MO0 $3,7~5.41 190 COMMUNITY SERVICES DISTRICT $102,813.78 191 TCSD SERVICE LEVEL A $14.238.04 192 TCSD SERVICE LEVEL B $14,955.88 193 TCSD SERVICE LEVEL C $25,066.86 210 CAPITAL IMPROVEMENT PROJ (CIP) $37,461 250 TCSD-CIP $45,963.50 -"~0 RDA*CIP $235,305.91 SELF-INSURANCE $10,593.26 .,.. VEHICLES $480.00 320 INFORMATIONS SYSTEMS $16,908,30 330 COPY CENTER $3,895.50 340 FACILITIES $37,797.80 380 RDA-DEBT SERVICE $150,073.00 390 TCSD DEBT SERVICE $10.00 PAYROLL: 001 GENERAL (PAYROLL) $132,835.29 100 ' GAS TAX (PAYROLL) $33,840.48 190 TCSD (PAYROLL) $41,614.57 191 TCSD SERVICE LEVEL A (PAYROLL) $1)04.90 192 TCSD SERVICE LEVEL B (PAYROLL} 1689.36 193 TCSD SERVICE LEVEL C (PAYROLL) $3,482.40 280 RDA-CIP 1674.77 300 SELF-INSURANCE (PAYROLL) $1,117.72 320 INFORMATION SYSTEMS (PAYRDLL) $2,677.45 330 COPY CENTER (PAYROLL) $1,353.97 340 FACIUTIES $3.268.03 $151;,884.ea $391,885,82 $183,517.53 $80,252.33 $445.295.20 $109,889.20 $114,789.74 $1,465,49,1.51 $1,240,835.57 $224,658.94 $1,485,49'1.51 FOLLOWING IS TRUE AND CORRECT. FOLLOWING I,S TRUE AND CORRECT /OUCHRE2 PAGE 9 35/19/9t, 11 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 19] TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP ]00 INSURANCE FUND 320 [NFORHATION SYSTEMS ]30 COPY CENTER FUND 340 FACILITIES 390 TCSD DEBT SERVICE TOTAL AHOUNT 97,335.3~ 11,119.0~, 26,536.29 926.86 19].77 4,6/,0.19 2,~1~.16 9,6~3.0Z ~,575.66 ~91.67 1,400.46 10.00 159,88~.69 VOUCHRE2 PAGE 1 05/le' 11:47 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER 15017 15018 15018 15019 15043 15044 15045 317532 317532 317532 317532 317532 317532 317532 317532 317535 317 31~. 317532 317532 317532 317532 317532 317532 317532 317532 317532 317532 317532 378609 378609 378609 378609 378609 378609 378609 378609 378609 378609 378609 378609 378609 378609 37P CHECK DATE 05/13/94 05/13/94 05/13/94 05/13/94 05/16/94 05/17/94 05/17/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 '05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 VENDOR NUMBER 001~49 001036 001036 00O837 000154 000230 000680 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 VENDOR N/tHE CALIFORNIA DEBT LIMIT KEMPER REAL ESTATE NANA KEMPER REAL ESTATE HANA CALIFORNIA FRANCHISE TA CSMFO MUNI FINANCIAL SERVICES AMS-TMS FIRSTAX CIRS) FIRSTAX (IRS) FIRSTAX CIRS) FIRSTAX (ZRS) FIRSTAX CIRS) FIRSTAX (ZRS) FIRSTAX (ZRS) FIRSTAX CIRS) FIRSTAX (IRS) FZRSTAXCIRS) FIRSTAX CIRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EpD) FIRSTAX CEDD) FIRSTAX CEDe) FIRSTAX CEDD) FIRSTAX CEDD) FIRSTAX CEDD3 FIRSTAX CEDD) FIRSTAX CEDD) FIRSTAX (EDD) FIRSTAX CEDD) FIRSTAX CEDD) FIRSTAX CEDD) FIRSTAX CEDD) ITEM DESCRIPTION IDB APPLICATION FEE BRADLEY & STONE HOTEL BRADLEY & STONE HOTEL 1992 FORM 199 1994 LEGISLATIVE SEMINA POSTAGE/PUBLIC HEARINGS POSTAGE/~/EED ABATEMENT 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000285 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MED1CARE 00028,.'~ MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 . MEDICARE 000283 MEDICARE 000283 MEDIF.,ARE 000444 SDI 000444 SDZ 000444 SDI 000444 SOl 000444 SOl 000444 SDX 000444 SDI 000444 SOZ ,, 000444 SDI 000444 SDI 000444 SDI 000444 STATE 000444 STATE 000444 STATE 000444 STATE ACCOUNT NUMBER 001-140-999-5248 001-100-999-5258 001-110-999-5258 390-199-999-5227 001-140-999-5258 190-180-999-5230 001-162-999-5230 001-2070 100-2070 190-2070 191-2070 192-2070 193-2070 280-2070 300-2070 320-2070 330-2070 340-207O 001-2070 100-2070 190-2070 191-2070 192-2070 193-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 100-2070 190-2070 191-2070 192-2070 193-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 100-2070 190-2070 191-2070 ITEM AMOUNT 300.00 138.00 207.00 10.00 65.00 4,249.66 1,600.00 9,324.93 2,917.12 2,689.79 82.55 44.11 245.04 160.90 77.87 246.24 89.27 82.02 2,397.22 633.80 734.26 17.07 26.54 61.29 34.74 20.43 54.08 22.86 53.14 1,060.96 266.55 329.18 7.66 11.90 27.47 15.57 9.15 24.25 10.25 23.82 2,385.03 704.20 523.28 20.96 CHECK AMOUNT 300.00 '345.00 10.00 65.00 4,249.66 1,600.00 20,015.27 VOUCHRE2 05/19/94 VOUCHER/ CHECK NUNBER 1506~ 1506~ 1506~ '15064 1506~ 15065 11:47 CHECK VENDOR VENDOR DATE NUMBER NAME 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 00012] 000123 00012] 000123 000123 BURKE WXLL]AMS & SORENS BURKE WILLIAMS & SORENS BURKE WILLIAMS & SORENS BURKE WILLIAMS & SORENS BURKE W[LLIAMS & SORENS 001021 CALIF GANG INVESTIGATOR CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION ACCOUNT NLINBER PROF SERVICES/MAR 94 PROF SERVICES/MAR 94 CREDIT/FUNDS NOT BUDGET RDA MARCH LEGAL SERV. MARCH LEGAL SERVICE 001-130-999-52~6 190-180-999-52~6 300-199-999-5207 280-199-999-5246 001-130-999-5246 REGISTRATION FEE 001-170-999-5261 15066 05/19/94 000857 CALIFORNIA FRANCHISE TA 0008~7 FRAN TAX 001-2140 15066 05/19/94 000837 CALIFORNIA FRANCHISE TA 0008~7 FRAN TAX 100-2140 15067 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 15068 15068 15068 15p68 15069 15070 15070 15070 15070 15070 15070 15070 15070 15070 15070 15070 15070 000473 CALIFORNIA REDEVELOPHEN 000137 CHEVRON U.S,A. INC. 000137 CHEVRON U,S.A, INC. 000137 CHEVRON U.S,A, INC. 000137 CHEVRON U,S.A. INC. 000489 COBB GROUP THE 001193 COMP USA, INC. 001193 COMP USA, INC. 001193 COMP USA, 1NC, 001193 COHP USA, INC, 001193 COMP USA, INC, OO1193 CONP USA, INC, 001193 COMP USA, INC. 001193 CONP USA, INC. 001193 CONP USA, INC. 001193 CONP USA# INC. 001193 CONP USA, INC. 001193 COMP USA, INC. 001273 COHPUSERV, INC. 000447 COMTRONIX OF HEMET 0004~7 CONTRONIX OF HEMET 000/~,7 CONTRONIX OF HEMET 1994 ANNUAL CONF/MCLARN 001-140-999-5258 789-819-697-2 GAS CARD 789-819-697-2 GAS CARD 789-819-697-2 GAS CARD 789-819-697-2 GAS CARO 001-110-999-526~ 001-170-999-5262 190-180-999-5263 001-161-999-5262 PARADOX USERS JOURNAL 320-199-999-5228 RETURNED 2 PRAC FAX ME SEKUR]T CABLE SYSTEM TAX 281362 HP DESKJET 520 P /,81661 HP DESKJET BLK I FREIGHT TAX PRAC FAX ME 15071 15072 15072 15072 15073 15074 15075 15076 15077 15078 320-199-999-5~.1 320-199-999-5221 320-199-999-5Z21 001-171-999-5221 001-171-999-5221 001-171-999-5221 001-171-999-5221 320-199-999-5Z21 COMPUTER SOFTWARE & SUP 320-199-999-5221 530580 3COM ETHERLINK 1 320-199-999-5221 FREIGHT 320-199-999-5221 TAX 320-199-999-5221 APRIL SERVICE 320-199-999-5228 RECHARGEABLE NICKEL CAD TAX ANTENNA 001-171-999-5242 001-171-999-5242 320-199-999-5209 COMYNS, JO~ELYN COMYNS/REFUND 190'183-4982 001014 COUNTRY SIGNS & DESIGNS 001029 DATAQUICK DAVIES, MARILYNN 001454 DISNEYLAND HOTEL 001455 ELECTRICAL CONCEPTS, IN RIVERTON PARK SIGN 190-180-999-5244 DATA SERVICES DAViES/REFUND 320-199-999-5250 190-185-4982 HAFELI/2 NIGHTS HOTEL 320-199-999-5258 RELOCATE POWER POLE 340-199-999-5212 ITEM AMOUNT 22,553.92 1,038.00 21,076.38- 1,505.26 6,230.58 280.00 46.86 46,87 240.00 17.78 48.28 28.23 24.26 69.00 257,27- 112.40 7.87 277.00 132.18 14.50 28.~, 106.98 52.96 348.00 8.50 24.36 19.19 300.00 23.25 2].71 48.00 489.72 62.81 20.00 244.08 546.50 PAGE CHECK AMOUNT 67,059.38 280.00 93.73 240.00 118.55 69.00 856.12 19.19 346.96 48. O0 489.72 62.81 2o.00 244.08 546.50 VOUCHRE2 PAGE 2 05/19"" 11:47 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 378609 05/19/94 O00z~ 378609 05/19/94 0004~ 378609 05/19/94 0004/,4 378609 05/19/94 000444 378609 05/19/94 000444 378609 05/19/94 00044~ 378609 05/19/94 00044J+ 15051 05/19/94 15052 05/19/94 001425 15053 05/19/94 000559 15054 05/19/94 001222 15054 05/19/94 001222 15054 05/19/94 001222 15054 05/19/94 001222 15054 05/19/94 001222 15054 05/19/94 001222 15055 05/19/94 000102 15G. 05/19/94 001314 15057 05/19/94 000112 15058 05/19/94 000101 15058 05/19/94 000101 15058 05/19/94 000101 15058 05/19/94 000101 15059 05/19/94 001104 15060 05/19/94 001323 15060 05/19/94 001323 15061 05/19/94 000745 15062 05/19/94 000120 15063 05/19/94 001439 15064 05/19/94 000123 15064 05/19/94 000123 15064 05/19/94 000123 15064 05/19/94 000123 15064 05/19/94 000123 15064 05/19/94 000123 15064 05/19/94 000123 15r ' 05/19/94 000123 VENDOR NAME FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) AIRBORNE ARMS AIRTOUCH CELLULAR - S.D AL~S WELDING ALPHA COMMUNICATIONS, ALPHA COMMUNICATIONS# ALPHA COMMUNICATIONS, ALPHA COMMUNICATIONS, ALPHA COMMUNICATIONS, ALPHA COMMUNICATIONS, AMERICAN FENCE CO. OF C AMERICAN PLANNING ASSOC AMERICAN PLANNING ASSOC APPLE ONE APPLE ONE APPLE ONE APPLE ONE ARMA INTERNATIONAL ARROUHEAD WATER ARROWHEAD WATER AT & T - CELLULAR BICKNELL T~,AVEL CENTER BRYAN~S DOG TRAINING BURKE WILLIAMS & SORENS BURKE WILLIAMS & SORENS BURKE WILLIANS & SORENS BURKE WILLIAMS & SORENS BURKE WILLIAMS & SORENS BURKE WILLIAMS & SORENS BURKE WILLIAMS & SORENS BURKE WILLIAMS & SORENS CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE AIRBORNE ARMS/REFUND 6015202/MAY ~/ELDING OF #7 BAND FILT MONTHLY RENTAL SERVICE MONTHLY RENTAL SERVICE MONTHLY RENTAL SERVICE M~NTHLY RENTAL SERVICE MONTHLY RENTAL SERVICE MONTHLY RENTAL SERVICE FENCE RENTAL APA DINNER MEMBERSHIP/FAGAN WE 4/16 WE 4/16 WE 4~23~94 WE 4123/94 RECORDS MGMT*SEMINXR APRIL WTR APRIL WATER MARCH/APRIL SERVICES AIRFARE TO OAKLAND/RUSE PAYMENT TO INSTRUCTOR PROF SERVICES/FEB 3994 PROF SERViCES/FEB t994 PROF SERVICES/FEB 1994 PROF SERVICES/FEB 1994 CREDIT/FUNDS NOT BUDGET RETAINER SERVICE PROF SERVICES/MAR 94 PROF SERVICES/MAR 94 ACCOUNT NUMBER 192-2070 193-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-199-4056 320-199-999-5208 190-180-999-5212 190-180-999-5238 001-162-999-5238 320-199-999-5238 100-164-999-5238 001-170-999-5242 001-140-999-5250 190-180-999-5238 001-161-999-5260 001-161-999-5226 280-199-999-5250 001-120-999-5118 280-199-999-5250 001-120-999-5118 001-120-999-5261 340-199-999-5240 190-181-999-5240 001-140-999-5208 190-180-999-5258 190-183-999-5330 001-1280 190-180-999-5246 001-130-999-5266 300-199-999-5207 300-199-999-5207 001-130-999-5246 300-199-999-5207 001-1280 ITEM AMOUNT 1.26 48.64 36.30 25.96 55.29 15.71 7.47 35.00 61.87 165.00 121.00 33.00 11.00 62.34 18.33 7.33 145.00 60.00 129.00 103.20 297.99 103.20 349.91 85.00 85.21 11.00 27.98 99.00 624.00 1,350.31 521.29 20,494.54 13,412.96 4,040.Q9- 3,150,00 21,076.38 843.51 CHECK AMOUNT 5,610.86 35.00 61.87 165.00 253.00 145.00 60.00 129,00 854.30 85.00 96.21 27.98 ,~oo 624.00 ,OUCHRE2 PAGE t5/19/94 11:47 /QUCHER/ :HECK ;UMBER 15079 15O79. 15079 15080- 15081 15082 15082 15082 15082 15082 15082 15082 15082 15082 15082 15082 15082 15083 15084 15084 15085 15086 15087 15087 15088 15088 15088 15088 15088 15089 15090 15091 15091 15091 15092 15093 15093 CHECK DATE 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/1.9/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 VENDOR NUMBER 000754 000754 000754 001056 001135 001002 001002 001002 001002 001002 001002' 001002 001002 001002 001002 001002 001002 000993 000175 000250 000250 000177 000177 000177 000177 00017'7 001355 000184 O00423 00047~ 0004~'~ 0003~ 000194 000194 VENDOR NAME ELLIOTT GROUP, THE ELLIOTT GROUP, THE ELLIOTT GROUP, THE EXCEL LANDSCAPE FIRST CARE INDUSTRIAL M FIRST INTERSTATE BANK FIRST iNTERSTATE BANK FIRST INTERSTATE BANK FIRST ]NTERSTATE BANK FIRST INTERSTATE BANK FIRST INTERSTATE BANK FIRST INTERSTATE BANK FIRST INTERSTATE BANK FIRST INTERSTATE BANK FIRST INTERSTATE BANK FIRST INTERSTATE BANK FIRST INTERSTATE BANK FREEDOM COFFEE, INC. GALICINDO,OLIVIA GALICINDO,OLIVIA GANZ, VICTORIA GFOA GLASS PLAQUES GLASS PLAQUES GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENN[ES OFFICE PRODUCT GTE CALIFORNI~ GTE CALIFORNIA INCORPOR H & H CRAFT & FLORAL SU H & H CRAFT & FLORAL SU H & H CRAFT & FLORAL SU ICBO IrMA RETIREMENT TRUST 4 IC!4A RETIREMENT TRUST 4 CITY OF TEMEOULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PLAN CK REVIEW PLAN CK REVIEW PLAN CHECK REVIEW SERV. SPORTS PARK IRRIGATION PRE-ENPLOYNENT 5475666~03910040/PB 5473666~03910081/RR 5473666403910081/RR 5473666403910107/HE 5475666~03910115/JG 5473666~03910125/GT 5473666~03910121/TE 5475666403910164/SN 547366640391016~/SM 5473666~0391016~/SM 547366640391016~/SM 5473666~0391016~/SM MiSC. COFFEE SUPPLIES GALICINDO/REFUND GALICINDO/REFUND GANZ/REFUND GOVERNMENT BUDGETING 2407; GLASS PLAQUE 8 1/ TAX MISC. OFFICE SUPPLIES MISC. OFFICE SUPPLIES MISC. OFFICE SUPPLIES MISC. OFFICE SUPPLIES MISC. OFFICE SUPPLIES E054030999-94118 909-694-6400 MARCH/APRI RECREATIONAL SUPPLIES RECREATIONAL SUPPLIES RECREATIONAL SUPPLIES ELECTRICAL INSPEC I/BER 000194 DEF CONP 000194 DEF COMP ACCOUNT NUMBER 193-180-999-5250 193-180-999-5250 193-180-999-5250 190-180-999-5212 001-150-999-5250 001-100-999-5258 001-100-999-5260 001-100-999-5258 001-110-999-5260 001-120-999-5260 001-161-999-5258 001-162-999-5260 001-100-999-5258 001-100-999-5258 001-1170 001-100-999-5258 001-100-999-5260 340-199-999-5Z50 001-199-4056 001-161-4200 190-183-4982 001-140-999-5228 001-140-999-5220 001-140-999-5220 190-180-999-5220 001-140-999-5220 190-180-999-5220 001-140-999-5220 190-180-999-5220 320-199-999-5208 320-199-999-5208 190-180-999-5301 190-180-999-5301 190-182-999-5301 001-162-999-5261 001-2080 100-2080 [TEN AMOUNT 140.00 1,210.00 1,575.00 90.00 120.00 319.05 41.6~ 617.17 39.59 35.00 42.17 53.87 470.00- 268.22 87.38 252.59 15.36 150.85 35.00 20.00 19.00 44.00 40.00 4.60 118.75 24.58 216.58 19.65 37.16 350.00 672.61 6.~4 18.41 105.74 190.00 1,237.29 398.21 CHECK 2,925.00 90.0o 120.00 1,302.0~ 150.r"' 55.00 19.00 44.00 44.60 416.72 350.'00 672.61 130.59 190.00 JOUCHRF,2- PAGE 5 35/19. ]1:47 /OUCHER/ :HECK CHECK VENDOR JUNBER DATE NUMBER 15093 05/19/94 000194 15093 05/19/94 000194 15093 05/19/94 000194 15093 05/19/94 000194 15093 05/19/94 000194 15094 05/19/94 001451 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR NAME ITEM DESCRIPTION ICHA RETIREMENT TRUST 4 000194 [CMA RETIREMENT TRUST 4 000194 ICMA RETIREMENT TRUST 4 000194 ICNA RETIREMENT TRUST 4 000194 ICNA RETIREMENT TRUST 4 000194 INTEL NETPONT EXPRESS DEF CONP DEF COMP DEF CONP DEF COIqP DEF CONP' PRINT SERVER ACCOUNT NUMBER 190-2080 191-2080 193-2080 280-2080 300-2080 320-199-999-5221 15095 05/19/94 KAY, SHEREE KAY/REFUND 190-183-498Z MISC. SUPPLIES & SERVIC CARDSTOCK/B&S 15096 05/19/94 000206 15096 05/19/94 000206 15097 05/19/94 001123 89818 SURVEY VEST (2) X KINKO'S OF RIVERSIDE, l KINKO'S OF RIVERSIDE, Z 15098 05/19/94 KNOX INDUSTRIAL SUPPLIE 330-199-999-5220 001-162-999-5222 001-163-999-5218 KOERNER, KATHY KOERNER/REFUND 190-183-4982 15099 05/19/94 LEE, LAURA LEE/REFUND 190-183-4982 LABOR 320-199-999-5215 FUSER ASSEMBLY HPIIISZ 320-199-999-5215 MILEAGE 320-199-999-5215 TAX 320-199-999-5215 15100 05/19/94 000945 15100 05/19/94 000945 151r q5/19/94 000945 15~ /5/19/94 000945 15101 05/19/94 PROFESSIONAL SERVICES LPS COMPUTER SERVICE GR LPS COMPUTER SERVICE GR LPS COMPUTER SERVICE GR LPS COMPUTER SERVICE GR 15102 05/19/94 15102 05/19/94 15102 05/19/94 000843 MCDANIEL ENGINEERING CO 210-165-631-5802 15103 05/19/94 15104 05/19/94 15104 05/19/94 15105 05/19/94 15106 05/19/94 15107 05/19/94 15108 05/19/94 15109 05/19/94 15110 05/19/94 15111 05/19/94 000246 15111 05/19/94 000246 151''-'t 05/19/94 000246 15 35/19/94 000246 16LCG LINE CARD FOR NEA 320-199-999-5215 SYSTEM AMP FOR NEAX 240 320-199-999-5215 001028 MEYER, CHUCK 001028 MEYER, CHUCK 001028 MEYER, CHUCK TAX 320-199-999-5215 001457 NATIONAL ASSOCIATION FO GREEK/43190 001-120-999-5226 001363 NATIONAL CIVIC LEAGUE, ALL AMERICAN CITY/RUSE 190-180-999-5258 001363 NATIONAL CIVIC LEASUE, REGISTRATION FEE/SM 001-100-999-5258 OOOZ]3 NELSON, SHAWN 4/12-4/15 LEAGUE CA CIT 190-180-999-5258 NOE, CYNTHIA NOElREFUND 190-18]-4982 000239 OLSTEN TEMPORARY SERVIC WE 4/24, WE 5/01 001-162-999-5118 PACIFIC COAST EQUITIES PACIFIC COAST/REFUND 001-199-4056 001452 PARC OAKLAND HOTEL RUSE/HOTEL 3 NIGHT~ 190-180-999-5258 PEARSON, ROLAND PEARSON/REFUND 190-183'4986 PERS EMPLOYEES~ RETIREM 000246 PER REDE 001-2130 PERS EMPLOYEES' RETIREM 000246 PER REDE 100-2130 PERS EMPLOYEES# RETIREM 000246 PERS RET 001-Z~90 PERS EMPLOYEES~ RETIREM 000246 PERS RET 100-2390 ITEM AMOUNT 496.96 34.08 41.66 5.00 25.36 323.25 19.00 34.26 32.16 24.78 35.00 20.00 60,00 279.00 10.00 19.53 350.00 50.00 31.00 45.00 50.00 SO.O0 3.49 48.00 582.40 35.00 249,75 56.00 107.35 107.35 10,156.10 2,752.34 CHECK AMOUNT 2,238.56 323.25 19.00 66.42 24.78 35.00 20.00 368.53 999,25 431.00 45.00 100.00 3.49 48.00 582,40 35.00 249,75 56.00 ~/OUCHRE2 35/19/94 VOUCHER/ :HECK NUMBER 15111 15111 15111 15111 15111 15111 15111 15111 15111 15111 15111 15111 15111 15111 15111 15111 15111 15111 15111 15111 15112 15112 15112 15112 15112 15112 15112 15112 15112 15112 15112 15112 15112 15113 15114 15114 15115 15115 15115 15116 15117 15118 15119 11:47 CHECK DATE 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19194 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19194 05/19/94 05/19/94 05/19/94 VENDOR NUMBER 000246 000246 0002~6 000246 000246 000246 0002~6 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000254 000255 000255 000262 000262 000262 001046 000352 000499 001122 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR NAME ITEM DESCRIPTION PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREM '000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREM 0002~6 PERS EMPLOYEES~ RETIREN 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES~ RET]REM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES~ RETIREM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES~ RETIREM 000246 PERS EMPLOYEESf RETIREM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREM 000246 PERS RET PERS RET PERS RET PERS RET PER$ RET PERS RET' PERS RET PERS RET PERS RE'f SURVIVOR SURV l VOR SURV I VOR SURVIVOR SURVIVOR SURV I VOR SURVIVOR SURV I VOR SURVIVOR SURVIVOR SURVIVOR 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 CASH REIMBURSEMENT CASH REIMBURSEMENT CASH REIMBURSEMENT CASH REIMBURSEMENT CASH REIMBURSEMENT CASH REIMBURSEMENT CASH REIMBURSEMENT CASH REIMBURSEMENT CASH REIMBURSEMENT CASH REIMBURSEMENT CASH REIMBURSEMENT CASH REIMBURSEMENT CASH REIMBURSEMENT PRESS-ENTERPRISE CONPAN DISPLAY AD FOR CONMUNZT PRO LOCK & KEY PRO LOCK &-KEY RANCHO CALIFORNIA MATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER REXON, FREEDMAN, KLEPET LOCKSMITH SERVICES FOR LOCKSMITH SERVICES FOR 3/16-4/20 3/16/4/20 3/16-4/20 APRIL LEGAL SERVICES RIVERSIDE COUNTY ASSESS 21 NAP COPIES SCCCA CITY CLERK BUSINESS MTG SCOTCH PAINT CORPORATIO 5 GALLON RECYCLE PAINT ACCOUNT NUMBER 190-2390 191-2390 192-2390 193-2390 280-2390 300-2390 320-Z~90 330-2390 340-2390 001-2390 100-2390 190-2390 191-2390 192-2390 193-2390 280-2390 300-2390 320-2390 330-2390 340-2390 001-120-999-5220 001-140-999-5258 001-150-999-5260 001-161-999-5260 001-162-999-52~8 001-163-999-5268 190-183-999-5320 190-183-999-5310 190-180-999-5262 190-180-999-5301 320-199-999-5221 320-199-999-5260 320-199-999-5242 001-120-999-5254 190-180-999-5212 190-180-999-5212 193-180-999-5240 191-180-999-5240 190-180-999-5240 001-130-999-5247 190-180-999-5224 001-120-999-5260 100-16~-999-5218 ITEM AMOUNT 2,537.05 80 · 06 96.57 284.39 155.59 95.94 2~2.35 104.86 222.10 47.82 12.54 13.95 .42 .93 1.~. .56 .46 .93 .93 1.86 16.70 .90 10.54 ~.~ 42.80 6.47 5.~ 34.09 38.86 9.~ 45.05 12.00 37.25 57.60 17.78 6.47 981.18 53.51 145.55 626.15 10.50 25.00 61.87 PAGE CHECK AMOUNT 16,993.89 284.12 57.60 24.25 1,180;24 626.15 10.50 25.00 VOUCHRE2- PAGE 7 05/19 11:47 VOUCHER/ ~HECK NUMBER 15120 15120 15121 15122 15122 15122 1512~ 15124 15124 15124 15124 15124 15124 15125 15125 15125 151" 151 15125 15126 15126 15126 15126 15126 15126 15126 15126 15126 15126 15126 15126 15126 15127 15128 15128 15129 15129 15129 15129 15129 151'~:~ 15 CHECK DATE 05/19/94 05/19/94 05/19/94 05/.19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 q5/19/94 ,5/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94' 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05119194 05119194 05/19/94 05/19/94 05/19/94 35/19/94 VENDOR NUMBER 000285 000285 000554 000554 000554 000519 000374 000374 000374 000374 000374 000374 000375 000375 000375 000375 000375 000375 000294 000294 000294 000294 000294 000294 000294 000294 000294 000294 000294 000294 000294 000752 000574 000574 000303 000303 000303 000303 000303 000303 000303 VENDOR NAME SIR SPEEDY SIR SPEEDY SLATER, MARTHA SMITH BROS. TEAM SPORTS SMITH BROS, TEAM SPORTS SMITH BROS. TEAM SPORTS SOUTH COUNTY PEST CONTR SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIFORNIA TEL SOUTHERN CALIFORNIA TEL SOUTHERN CALIFORNIA TEL SOUTHERN CALIFORNIA TEL SOUTHERN CALIFORNIA TEL SOUTHERN CALIFORNIA TEL STATE COMPENSATION INS. STATE COMPENSATION INS. STATE COMPENSATION INS. STATE COMPENSATION INS. STATE COMPENSATION INS. STATE COMPENSATION INS. STATE COMPENSATION INS. STATE COMPENSATION INS. STATE COMPENSATION INS. STATE COMPENSATION INS. STATE COMPENSATION INS. STATE COMPENSATION INS. STATE COMPENSATION INS. STONE, JEFFREY E. SUPER TONER SUPER TONER SYSTEM 2/90 SYSTEM 2/90 SYSTEM 2/90 SYSTEM 2/90 SYSTEM 2/90 SYSTEM 2/90 SYSTEM 2/90 CITY OF TENEOULA VOUCHER/.CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION 500 BUS]NESS CARDS; BLA TAX SLATER/RE FUND ACCOUNT NUMBER 001-100-999-5220 001-100-999-5220 190-183-4982 AQUATIC STAFF UNIFORMS 190-180;999-5243 FREIGHT 190-180-999-5243 TAX .. 190-180-999-5243 PEST CONTROL 4/04-5/02 4/05-5/04 4/05-5/04 4/05-5/04 4/07-5/06 4107-5/06 909-202-420~ WH APRIL 909-202-4758/RR 909-202-4762/RP 909-202-4763/PB 909-202-4769/JS 909-202-4770/DD APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM 4/13-4/15 LEAGUE HP-II-III LASERJET CART TAX PRE-SPACED COPY; CAL SM PRE-SPACED COPY; SANDEE PRE-SPACED COPY; RORALD PL50 1/2u PRE-SPACED CO FREIGHT FREIGHT FREIGHT 190-181-999-5250 190-180-999-5240 191-180-999-5319 190-180-999-5240 191-180-999-5319 191-180-999-5319 191-180-999-5319 001-110-999-5208 001-110-999-5208 001-100-999-5208 001-100-999-5208 001-100-999-5208 001-110-999-5208 001-2370 100-2370 190-2370 191-2170 192-2370 19~-2370 280-2370 300;2370 320-2370 33O-237O 340-2370 001-1182 001-1182 190-180-999-5258 320-199-999-5221 320-199-999-5221 190-180-999-5220 001-161-999-5220 001-110-999-5220 340-199-999-5219 190-180-999-5220 001-161-999-5220 001-110-999-5220 ITEM AMOUNT 27.69 2.15 43.00 887.50 18.12 62.13 29.00 1,345.15 29.31 4,491.62 36.69 223.46 51.76 4~.39 114.01 86.58 47.13 66.00 37.17 4;147.93 2,857.87 2,028.28 289.33 12.46 24.08 92.24 '12.42 29.99 13.53 333.09 76.32 108.07 150.19 450.00 34.88 5.04 8.82 9.45 11.97 .75 .75 .75 CHECK AMOUNT 29.8~ 43.00 967.75 29.00 6,177.99 395.28 10,025.61 150.19 484;88 VOUCHRE2 05/19/94 11:47 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE_,,~ VOUCHER/ CHECK NUMBER 15129 15129 15129 15129 15129 15130 15130 15130 15130 15131 15131 15131 15131 15131 15131 15132 15133 15134 15134 15134 15134 15135 15135 15135 15135 15136 15136 15136 15136 15136 15136 15137 15137 15137 15138 15139 15139 15140 15141 15142 CHECK DATE 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 05/19/94 VENDOR NUMBER 00O303 000303 000303 000303 000303 00O305 000305 000305 000305 000825 000825 000825 000825 000825 000825 000320 000322 000325 000325 000325 000325 000326 000326 000326 000326 001065 001065 001065 001065 001065 001065 000389 000389 000389 001437 001342 001342 000339 VENDOR NAME SYSTEM 2/90 SYSTEM 2/90 SYSTEM 2/90 SYSTEM 2/90 SYSTEM 2/90 TARGET STORE TARGET STORE TARGET STORE TARGET STORE TEMECULA CYCLES TEMECULA CYCLES TEMECULA CYCLES TEMECULA CYCLES TEMECULA CYCLES TEMECULA CYCLES TOWNE CENTER STATIONERS UNIGLOBE BUTTERFIELD TR UNITED WAY OF THE INLAN UNITED WAY OF THE INLAN UNITED WAY OF THE INLAN UNITED WAY OF THE INLAN UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE USCM/PEBSCO (DEF. CONP. USCM/PEBSCO CDEF. CONP. USCM/PEBSCO (DEF. CONP. USCM/PEBSCO (DEF, CONP, USCM/PEBSCO (DEF, CONP, USCM/PEBSCO (DEF, CONP. USCM/PEBSCO,. (OBRA) USCM/PEBSCO, COBRA) USCM/PEBSCO, COBRA) VIRACK, MARYANN WAXIE SANITARY SUPPLY WAXIE SANITARY SUPPLY WEST PUBLISHING C{3qPANY WHITEHEAD, RHONDA WlLKIE, LISA iTEM DESCRIPTION FREIGHT TAX TAX TAX TAX SONY RECORDER: MODEL 40 5 PK MICRO CASSETTE TAP POLAROID FILM 600 DOLIBL TAX HEADLIGHT REPAIR OIL & FILTER CHANGE ADJUST BRAKES & CLUTCH PARTS HAZARDOUS WASTE DISPOSA TAX MISC. OFFICE SUPPLIES AIRFARE/SM 000325 tJU 000325 000325 000325 UNIFORM SERVICE MISC. UNIFORM MAINT. RENTAL & CLEANING MAT & RENTAL CLEANING 001065 DEF COMP 001065 DEF CUMP 001065 DEF CONP 001065 OEF CONP 001065 DEF CONP 001065 DEF CONP 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR PAYMENT TO INSTRUd?OR BLDG MAINTENANCE SUPPLX BLDG MAINTENANCE SUPPLI APRIL CHGS 80~ CONTRACT CLASS WILKIE/REFUND ACCOUNT NUMBER 340-199-999-5219 190-180-999-5220 001-161-999-5220 001-110-999-5220 340-199-999-5219 001-163-999-5218 001-16~-999-5218 001-163-999-5218 001-16.3-999-5218 001-170-999-5214 001-170-999-5214 001-170-999-5214 001-170-999-5214 001-170~999-5214 001-170-999-5214 190-180-999-5220 001-100-999-5258 001-2120 100-2120 190-2120 280-2120 100-164-999-5243 190-180-999-5243 340-199-999-5250 190-180-999-5250 001-2080 100-2080 190-2080 300-2080 320-2080 340-2080 001-2160 100-2160 190-2160 190-183-999-5330 190-180-999-5212 190-180-999-5212 001-120-999-5228 190-183-999-5330 190-183-4982 ITEM AMOUNT .75 .39 .68 .73 .93 29.99 7.99 164.90 15.72 40.00 15.00 20.00 30,40 2.00 2.36 13.95 lzFG.O0 78.90 1.00 17.00 .60 23.00 18.85 30.75 90.99 2,265.03 197.98 156.32 3.46 312.50 SO.O0 188.48 96.00 503.96 128.00 101.49 26.02 46.85 152.00 20.00 CHECK AMOUNT 41.01 218.60 109.76 13.95 144.00 97.50 163.59 2,985.29 788.44 128.00 127.51 46.85 152 20.DO TOTAL CHECKS 159,88Z,.69 ~/OUCHRE2 ~5/26/9~ 13:50 CITY OF TEHECULA VOUCHER/CHECK REG%STER FOR ALL PER%00S PAGE._5 FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 CORNUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 210 CAPITAL IHPROVEHENT PROJ FUND 280 REDEVELOPHENT AGENCY - 300 INSURANCE FUND 310 VEHICLES FUND 320 %NFORRATION SYSTEHS 330 COPY CENTER FUND 340 FACILITIES 380 RDA - DEBT SERVICE TOTAL AROUNT 8,059.87 1,153.28 10,274.40 6,501.49 14,561.24 2,Z~86,06 907.50 189,879.76 SO0.O0 338.02 4,154.31 2,969.95 26.94 150,073.00 391,885.82 VOUCHRE2 05/26 VOUCHER/ CHECK NUMBER 15152 15152 -15152 15153 15154 15154 15154 15155 15156 15156 15157 15158 15159 151 15161 15161 15161 15162 15163 15164 15165 15165 15165 15166 15167 15167 15168 15168 15169 15170 15170 15~ 13:50 CHECK VENDOR VENDOR DATE NUMBER NAME 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 001391 001391 001391 ADOLPH KIEFER & ASSOC[A ADOLPH KIEFER & ASSOCIA ADOLPH KXEFER & ASSOCIA 000408 AGRICREDIT ACCEPTANCE C 000101 APPLE ONE 000101 APPLE ONE 000101 APPLE ONE 000474 ARBOR-PRO TREE SERVICE 000676 AUTOHOTIVE SPECIALTIES 000676 AUTOMOTIVE SPECIALTIES 000603 CABLE & WIRELESS COMMUN 000129 CAL WEST RENTAL CENTER 001021 CALIF GANG INVESTIGATOR 000647 CALIFORNIA DEPARTMENT 0 000126 000126 000126 CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA 000950 CALIFORNIAN - DISPLAY 000127 CALIFORNIAN - LEGAL 00014~ COSTCO WHOLESALE 000155 DAVLIN 000155 DAVLIN 000155 DAVLIN DELACROIX, PEIRRE 001125 DIGITAL TELECOMMUNICATI 001125 DIGITAL TELECOMMUNICATI 000165 FEDERAL EXPRESS 000165 FEDERAL EXPRESS 000166 FIRST AMERICAN TITLE CO 001002 001002 001002 FIRST INTERSTATE BANK - FIRST INTERSTATE BANK - FIRST INTERSTATE BANK - CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION AQUATIC SUPPLIES FRE I GHT TAX TRACTOR LEASE/T~SD SHALL BUS LOAN LIASON RECEPTIONIST TEMP. HELP WE 5/14 4142~ AVE DE LA REINA EQUIP. STENCIL TRUCK ADDITIONAL EQUIP. APRIL 16-HAY 15 PARK HAINT RENTAL EQUIP REGISTRATION/JUNE 7-10 CPA RENEWAL/MJ MCLARNEY BAHIA VISTA PARK (EWA: BAHIA VISTA PARK (EWA: INSTALL TWO (2) SIX FO0 LEGAL NOTICE/B&S PUBLIC NOTICES CAMERA VIDEO/AUDIO CITY COUNCZ EXTRA TAPES, MISC. CHAR VIDEO/AUDIO CITY COUNCI TCSD REFUND/DELACROIX PROFESSIONAL SERVICES PROFESSIONAL SERVICES OVERNIGHT LETTERS OVERNIGHT LETTERS ' TITLE REPORTS/WlNCHESTE 5473666403910057 SN APR 5473666~03910057 SN APR 5473666403910099-ME ACCOUNT NUMBER 190-18~-999"5310 190-183-999-53i0 190-183-999-5310 190-180-999-5239 280-199-999-5250 001-120-999-5118 280-199-999-5250 100-16~-999-5402 100-16~-999-5610 100-164-999-5610 320-199-999-5208 190-180-999-5238 001-170-999-5261 001-140-999-5226 190-180-999-5212 190-180-999-5212 190-180-999-5212 001-162-999-5250 001-161-999-5256 001-170-999-5242 001-100-999-5250 001-100-999-5250 001-100-999-5250 190-183-4982 320-199-999-5250 320-199-999-5250 001-140-999-5230 190-180~999-5230 001-1280 190-180-999-5258 190-180-999-5260 001-100=999-5220 ITEM AMOUNT 220,80 6,85 4,50 849,55 103,20 361,20 103.20 250.00 50.00 14.43 1,913.90 34.48 130.00 200.00 ]60.00 300.00 76.00 38.72 180.82 140.06 700.00 1.67 700.00 30.00 270.00 135.00 9.50 9,50 400.00 606.69 17.35 42.02- PAGE 1 CHECK AMOUNT 23 Z, 15 8~9,55 567,60 250,00 64,43 1,913.90 130.00 200.00 736.00 38.72 180.82 140.06 1,401.67 30.00 405.00 19,00 400.00 582.02 IOUCNRE2 ]5/26/94 JOUCHER/ :HECK ~IUMBER 15171 15172 15172 15172 15172 15172 15172 15172 15172 15172 15172 15172 15172 15172 15172 15172 15173 15173 15173 151T3 15174 15175 15176 15176 15176 15177 15178 15179 15179 15180 15180 15181 15182 15183 15184 15184 15185 13:50 CHECK DATE 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/Z6/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/Z6/94 VENDOR NUMBER 001~63 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 00018/, 000184 00018/+ 00018~ 000423 000388 001407 001407 001407 000384 000414 000414 000214 000214 000219 000587 001464 O00Z~9 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS VENDOR NAME ITEM DESCRIPTION FOUNTAIN HOTEL HOTEL RESERV. GLENNIES OFFICE PR(X)UCT GLENNIES OFFICE PROOUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT MISC. OFr::~ SUPPLIES; MISC. OFF:CE SUPPLIES; MISC. OFFICE SUPPLIES; MISC. OFFICE SUPPLIES; MISC OFFICE SUPPLIES MISC. OFFICE SUPPLIES; MISC. OFFICE SUPPLIES; MISC OFFICE SUPPLIES MISC OFFICE SUPPLIES MISC OFFICE SUPPLIES MISC OFFICE SUPPLIES MISC. OFFICE SUPPLIES; . MlSc :~FICE SUPPLIES MISC OFFICE SUPPLIES RETURN OF PENS GTE CALIFORNIA INCORPOR GTE CALIFORNIA INCORPOR GTE CALIFORNIA INCORPOR GTE CALIFORNIA INCORPOR 909-181-1123 APRIL 909-694-1993 APRIL 909-699-8632 909-695-3564 ALARM H & H CRAFT & FLORAL SU RECREATIONAL SUPPLIES ACCOUNT NUMBER 001-170-999-5261 001-162-99~-5Z20 001-162-999-5220 001-162-999-5220 001-162-~9-5220 001-110-999-5220 001-162-~-5220 001-162-999-5220 001-161-999-5220 001-110-999-5220 001-110-999-5220 001-110-999-5220 001-162-999-5220 001-110-9999-5220 001-161-999-5220 001-140-999-5220 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 190-182'999-5301 ICBO SUBSCRIPTION 001-162-999-5228 INTER VALLEY POOL SUPPL CRC POOL SUPPLIES INTER VALLEY POOL SUPPL MlSC POOL SUPPLIES INTER VALLEY POOL SUPPL MISC, POOL SUPPLIES PUJOL ST IMPROVEMENTS LAW/CRANDALL, INC. BOND RELEASE/LEIGH, JAM FILM & DEVELOPMT SUPPLI AMOUNT NOT POSTED FROM LEZGH, JAMES LONGS DRUG STORE LONGS DRUG STORE LUNCH & STUFF CATERING COUNCIL MEETINGS LUNCH & STUFf CATERING LUNCHES MARTIN 1-HOUR PHOTO PHOT DEVELOPMENT SENIOR CTR JANITOR~AL MUNOZ, MARION. MUTZIGER, LINDA AND QUI SETTLEMENT PLAN CK REFUND/NEI4S CON SMI REFUND/NEWS CONST NEWS CONSTRUCTION NEWS CONSTRUCTION OLSTEN TEMPORARY SERVIC TEMPORARY ~E 5/8 190-180-999-5212 190-180-999-5212 190-180-999-5212 210-165-628-5804 001-2650 190-180-999-5250 190-180-999-5250 001-100-999-5260 001-100-999-5260 001-163-999-5250 190-181-999-5250 300-199-~-5207 001-162-4200 001-2290 001-162-999-5118 ITEM AMOUNT 472.76 207.39 29.04 33.36 44.48 132.32 56.40 26.88 2~.90 39.39 209.36 2.53 146.74 12.88 21.50 7.27- 606.27 1,033.46 17.17 34.43 46.61 239.88 2.31.74 320.91 317.65 907.50 1,500.00 21.01 .01' 80.00 36.00 64.52 200,00 500.00 40.50 .50 364. O0 PAGE~ CHECK 472.76 978.90 1,6917~' 46.6, 2_39.88 870.30 907.50 1,500.00 21.00 116.00 64.52 ZO0.O0 500.00 41.00 -364 VOUCHRF,~ 05/26 VOUCHER/ CHECK NUHBER 15186 15186 15186 45186 15186 15187 15188 15189 15189 15190 15191 15191 15192 15192 151" 15194' 15195 15196 15197 15197 15198 15198 15198 15198 15199 15199 15200 15200 15200 15200 15200 15200 15200 15200 15200 13:50 CHECK DATE 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 05/26/94 VENDOR NUMBER 000580 000580 000580 000580 000580 000829 001462 000546 000546 000992 000262 000262 000426 000426 000353 001461 000958 001374 000285 000285 000704 000704 000704 000704 000537 000537 000375 000375 000375 000375 000375 000375 000375 000375 000375 VENDOR NAME PHOTOk'ORKS PHOTO WORKS PHOTO WORKS PHOTO I,X)RKS PHOTO WORKS PICNIC PEOPLE PUBLIC SAFETY CENTER RADIO SHACK/BUTTERFIELD RADIO SHACK/BUTTERFIELD RAMONA TIRE, INC, RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO INDUSTRIAL SUPPL RANCHO INDUSTRIAL SUPPL RIVERSIDE COUNTY AUDXTO RIVERSIDE COUNTY TREASU ROBERT CARAN PRODUCTION SECRETARY OF STATE SIR SPEEDY SIR SPEEDY SKS, INC./INLAND OIL SKS, INC./INLAND OIL SKS, INC./INLAND OIL SKS, INC./INLAND OZL SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA TEL SOUTHERN CALIFORNIA TEL SOUTHERN CALIFORNIA TEL SOUTHERN CALIFORNIA TEL SOUTHERN CALIFORNIA TEL SOUTHERN CALIFORNIA TEL SOUTHERN CALIFORNIA TEL SOUTHERN CALIFORNIA TEL SOUTHERN CALIFORNIA TEL CiTY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION MISC, RECREATION PHOTOS MISC. FILM AND PROCESSI MISC, RECREATION PHOTOS MISC, FILM AND PROCESSI MISC, FILM AND PROCESSI SECURITY DEPOSIT REFUND TUITION JULY 17-24 14-600 AUTO-REV MUSIC 0 TAX TIRE REPAIR WATER CHARGES t,{ATER CHARGES MISC. SUPPLIES JANITORIAL SUPPLIES 93-94 ERAF PAYMENT PARCEL 909-120-049-8 PA FIREWORKS PRODUCTION FILING FEE 2500 CONTINUOUS FORMS; TAX FUEL FUEL FUEL FUEL 03/01-0~/30/94 03/01-04/30/94 909-202-4753 909-202-4754 KH APRIL 909-202-4755 VAN APRIL 909-202-4751 TS 909-202-4752 SN 909-202-4756 TH APRIL 909-202-4760JH 909-202-476/, BB 909-202-4765 BB ACCOUNT NUMBER 190-180-999-5301 001-171-999-5250 190-180-999-5301 001-171-999-5250 001-171-999-5250 190-183-4988 001-170-999-5261 320-199-999-5221 320-199-999-5Z21 310-162-999-5214 193-180-999-5240 190-180-999-5240 190-180-999-5212 340-199-999-5212 380-199-999-5245 280-199-999-5275 190-183-999-5370 280-1520 001-140-999-5222 001-140-999-5222 100;16~-999-5263 001-162'999-5263 190-180-999'5263 001-110-999-5263 192-180-999-5319 191'180-999-5319 190-180-999-5208 190-180-999'5208 190-180-999'5208 100-164-999-5208 190-180-999-5208 320'199-999'5208 100'16~'999-5208 100-16/,'999'5208 100'16/,'999'5208 ITEM AMOUNT 22.08 9.35 63.15 7.67 8.02 100.00 224.00 99.99 7.75 74.83 2,486.06 1,031.6~ 103.99 26.94 150,07'5.00 189,623.36 4,500.00 50.00 635.00 49.22 486.74 60.58 51.68 38.82 14,561.24 6,501.49 40.28 53.91 68.43 6~.36 92.36 36,34 140.62 59.39 51.74 PAGE 3 CHECK AMOUNT 110.27 100.00 224.00 107.74 74.83 3,517.70 130.93 150,075.00 189,623.36 4,500.00 50.00 684.22 637.82 21,062.75 607.43 15 05/26/94 000291 SPEE DEE OIL CHANGE & T OIL CHANGE 310-164-999-5214 35.56 VOUCHRE2 05/26/94 13:50 CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER 15201 15201 15202 15202 15203 15204 15205 15206 15206 15206 15207 15208 CHECK DATE 05/26/96 05/26/94 05/26/94 05/26/94 05/26/9~ 05/26/9~ 05/26/94 05/26/94 05/26/9~ 05/26/94 05/26/94 05/26/94 VENDOR VENDOR NUMBER NAME 000291 SPEE DEE OIL CHANGE & T 000291 SPEE DEE OiL CHANGE & T 000905 TEMECULA SHUTTLE SERVIC 000905 TEMECULA SHUTTLE SERVIC 000307 TEMECULA TROPHY CO. TIPPS, JONI 000322 UNIGLOBE BUTTERFIELD TR 000326 UNITOG RENTAL SERVICE 000326 UN1TOG RENTAL SERVICE 000326 UNITOG RENTAL SERVICE 001076 WESTERN ~ASTE, INC. 000345 XEROX CORPORATION BILLI [TEN DESCRIPTION OIL CHANGE/COOLING SYST OIL CHANGE/REPLACE BELT SHUTTLE/~,/E SHUTTLE SENiOR/TEEN POOL TOURNA MILEAGE/TIPPS~ JONI AIRFARE/MJ MCLARNEY UNIFORM RENTAL UNIFORM SERVICE MISC. UNIFORM MAINT. PORTABLE TOILET RENTALS LEASE JUNE ACCOUNT NUMBER 310-180-999-521~ 310-180-999-521~ 001-100-999-5258 001-100-999-5258 190-182-999-5301 001-140-999-5262 001-140-999-5258 100-16~-999-5243 100-16~-~-5243 190-180-~9-5243 190-180-999-52~8 330-199-999-5Z39 ITEM AMOUNT 85.91 141.72 75.00 75.00 19.40 139.20 141.00 13.00 2~,00 18.85 455.00 2,969.95 CHECK AMOUNT 263.19 150.00 19.40 139.Z0 141.00 54.85 455.00 2,969.95 TOTAL CHECKS 391,885 VOUCMgJ52 PAGE 9 06~ 15: 08 CiTY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 280 REDEVELOPMENT AGENCY - 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMAT[ON SYSTEMS 330 COPY CENTER FUND 340 FACILITIES TOTAL AMOUNT 55,648.06 13,005.05 17,546.46 ~,384.69 200.87 2,037.40 29,4Z3.57 450.24 141.98 2,674.93 633.88 36,370.40 163,517.53 VOUCHRE2 PAr, rk 1 06/02/94 15: 08 CITY OF TENECULA VOUCHER/CHECK REGISTER FOIl ALL PERIODS VOUCHER/ CHECK NUMBER 15234 307~91 30~1 307991 307991 307991 307991 307991 307991 307991 307991 307991 307991 307991 307991 307991 307991 307991 307991 307991 307991 307991 307991 348906 348906 348906 348906 348906 348906 348906 348906 348906 348906 348906 348906 348906 348906 348906 348906 348906 348906 348906 348906 348906 348906 15240 15240 15240 CHECK DATE 05/31/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 VENDOR NUMBER 000700 000444 000444 00{:~4.44 000444 00044.,4 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 00028~ 000283 000283 00028~ 000283 000283 001476 001476 001476 VENOOR NAME TEMECULA ARTS COUNCIL FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX CEDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FiRSTAX (IRS) FiRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (XRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX ({RS) FIRSTAX CIqS) FIRSTAX (iRS) FIRSTAX (IRS) FIRSTAX CIRS) FiRSTAX ([RS) FIRSTAX (XRS) FIRSTAX (IRS) FIRSTAX (]RS) A & K COMMUNICATIONS A & K COMMUNICATIONS A & K CONNUNICATXONS [TEN DESCRIPTION TICKETS NAYOR BALL 000444 SD l 000444 S{) I {){)0444 SD I 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 SD] 000444 SDI 000444 STATE 000444 STATE 000444 STATE 000~ STATE 000444 STATE 000444 STATE 0004/~ STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 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 MEDICA~E 000283 NED]CARE 000283 NED]CARE 000283 MEDICARE RDA LOAN RDA LOAN RDA LOAN ACCOIJNT NUMBER 001-100-999-5260 001-2070 100-2070 1~0-2070 191-2070 192-2070 193-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 100-2070 190-2070 191-2070 192-2070 193-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 100-2070 190-2070 191-2070 192-2070 193-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 100-2070 190-2070 191-2070 192-2070 193-2070 280-2070 300-2070 320-2070 330-2070 340-2070 280-i¢~-~-5250 280-1¢~-4068 280-1520 ITEM AMOUNT 125,00 1,017.84 263.55 330.27 7.66 11.90 27.47 14.55 9.37 25.45 10.25 2,595.05 534.79 17.64 1.26 44.57 31.08 60.86 15.71 6.68 9,8/~,.08 2,983.19 2,763.76 51.09 44.11 206.59 138.80 80.45 264.55 89.27 77.53 2,535.19 639.34 757.78 17.07 26,54 61.29 32.45 20.92 56.78 22.86 52.48 5.00- 250.00- 29,000.00 CHECK AMOUNT 125.00 5,799.89 20,766.12 28,24 VOUC. ME,.E2 06. ~. VOUCHER/ CHECK NUMBER 15241 15242 15243 15244 15245 15245 15245 15245 15245 15245 15246 15246 15246 15246 15246 15246 15c~6 15246 15247 15248 15249 15250 15251 15251 15251 15252 15253 15253 15253 15254 15254 15254 15254 15254 15~4 15:08 CHECK DATE 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 VENDOR NLINBER 000715 001391 000558 001425 001222 001222 001222 001222 001222 001222 000116 000116 000116 000116 000116 000116 000116 000116 000116 000116 001470 000129 OOO473 001289 001289 001289 000950 000127 000127 000127 000642 000642 000642 000642 000642 000642 VENDOR NNqE A.W. DIRECT, INC. ADOLPH KIEFER & ASSOC]A ADVANCED MORILECOMM AIRTOUCH CELLULAR - S.D ALPHA COMMUNICATIONS ALPHA COMMUNICATIONS ALPHA COMMUNICATIONS ALPHA COMMUNICATIONS ALPHA COMMUNICATIONS ALPHA COMMUNICATIONS AVP VISION PLANS AVP VISION PLANS AVP VISION PLANS AVP VISION PLANS AVP VISION PLANS AVP VISION PLANS AVP VISION PLANS AVP VISION PLANS AVP VISION PLANS AVP VISION PLANS BETT'S ELECTRIC BRAMALEA CAL WEST RENTAL CENTER CALIFORNIA REDEVELOPMEN CALIFORNIA STATE CAPITO CALIFORNIA STATE CAPITO CALIFORNIA STATE CAPITO CALIFORNIAN - DISPLAY CALIFORNIA~ - LEGAL CALIFORNIAN - LEGAL CALIFORNIAN - LEGAL CITY OF TEMECULA -FLEX CITY OF TEMECULA - FLEX CITY OF TEMECULA - FLEX CITY OF TEMECULA - FLEX CITY OF TEMECULA - FLEX CITY OF TEMECULA - FLEX CITY OF TENEOUUk VOUCHER/CHECK ~GISTER FOR ALL PERIODS ITEM DESCR]PTION SAFETY BEACON FIBERGLASS RESCUE POLE PALOK~R/ELSINORE SERVIC SD-1075255 CELLUAR PHON CELLULAR SERVICE CELLULAR SERVICE CELLULAR SERVICE CELLULAR SERVICE CELLULAR SERVICE CELLULAR SERVICE 000116 AVP 000116 AVP 000116 AVP 000116 AVP 000116 AVP 000116 AVP 000116 AVP 000116 AVP 000116 AVP 000116 VIS COBR REIMB, SNACKBAR DEV REFUND/BRAMALEA TRENCHER INCOME HOUSING SEMI STATE BUDGET POSTAGE TAX COMMUNITY SERVICES COMM NOTICE OF PUBLIC HEARIN TCSD PUBLIC HEARING AD NOTICE OF PUBLIC HEARIN REIMB, ACCOUNT REIMB, ACCOUNT REIMB. ACCOUNT REIMB, ACCOUNT REIMB, ACCOUNT REIMB. ACCOUNT ACC{33NT NUMBER 190-180-999-SZ4Z 190-183-999-5310 320-199-999-5208 001-140-999-5208 190-180-999-5228 001-162-999-5228 320-199-999-5228 100-164-999-5228 001-170-999-5242 001-140-999-5250 001-2210 100-2210 190-2210 191-2210 193-2210 280-2210 300-2310 330-2310 340-2310 001-1180 190-180-999-5212 001-2660 190-180-999-5238 001-161-999-5258 001-110-999-5228 001-110-999-5228 001-110-999-5228 001-120-999-5254 001-161-999-5256 190-180-999-5256 001-161-999-5256 001-1020 190-1020 100-1020 280-1020 300-1020 330-1020 ITEM AMOUNT 63,95 13.23 738.00 168.98 121.00 33,00 11.00 62.3~ 18.33 7.33 385.04 131.92 106.35 4.14 5.06 9.45 3.94 15.75 15.75 24.95 416.73 1,650.00 99.38 190.00 100.00 3.41 7.75 105.92 37.17 33.30 39.72 3,243.12 726.66 40.59 2.00 21.25 16.25 PAGE 2 CHECK AMOUNT 63,95 13.22 738.00 168.98 253, O0 702.35 416.73 1,650.00 99.38 190.00 111.16 105.92 110.19 4,049.87 VOUCHRE2 06/02/94 VOUCHER/ NUMBER 15255 15255 15255 15255 15256 15256 15256 15256 15256 15256 15256 15256 15256 15257 15257 15257 15257 15258 15259 15260 15260 15260 15261 15261 15261 15262 15263 15263 15264 15265 15265 15265 15265 15266 15266 15266 15267 15267 15267 15:08 CHECK DATE 06/0Z/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 VENDOR NUMBER 001477 001477 001477 001477 000140 000140 000140 000140 000140 000140 000140 000140 000140 001193 001193 001193 001193 001434 001185 000155 000155 000155 000156 000156 000156 OOO754 001056 001056 000478 000177 000177 000177 000177 000192 000192 000192 000180 000180 000180 VENDOR NAME CLOUD NINE LIMOUSINE SE CLOUD NINE LIMOUSINE SE CLOUD NINE LIMOUSINE SE CLOUD NINE LIMOUSINE SE CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PER%ODS ZTEM DESCRIPT]OR ACCOUNT NUMBER AIRPORT SHUTTLE AIRPORT SHUTTLE AIRPORT SHUTTLE AIRPORT SHUTTLE 001-140-~-5258 001-161-~-5258 001-162-~-5258 320-1~-~-5258 COLONIAL LIFE & ACCIDEN 000140 1500 A&S 190-2330 COLONIAL LIFE & ACCIDEN 000140 CANCER 001-Z330 COLONIAL LIFE & ACCIDEN 000140 CANCER 100-2330 COLONIAL LIFE & ACCIDEN 000140 CANCER 190-2330 COLONIAL LIFE & ACC]DEN · 000140 CANCER 191-2330 COLONIAL LIFE & ACCIDEN 000140 CANCER 193-2330 COLONIAL LIFE & ACCIDEN 000140 CANCER 280-2330 COLONIAL LIFE & ACCIDEN 000140 CANCER 330-2330 COLONIAL LIFE & ACCIDEN 000140 CANCER 340-2330 CONP USA, INC. CUMP USAt INC. CONP USA, INC. CONP USA, INC. COUCH, COLETTE CPRS DISTRICT XI/RANCHO DAVLIN DAVLIN DAVLIN 541220 3CUM 32BIT NET~O 320-1~-~9-5221 FREIGHT 320-1~-~-5221 TAX 320-199-~-5221 SOFTWARE AND SUPPLIES 320-199-999-5221 PAYMENT TO'INSTRUCTOR 190-183-9~-5330 ENTRY FEE 190-180-999-5258 AUDIO TAPE; PLANNING HAY 24 COUNCIL MEETING EXTRA TAPES 001-161-999-5250 001-100-999-5250 001-100-999-5250 DENTICARE OF CALIFORNIA 000156 ADMINFEE 001-2340 DENTICARE OF CALIFORNIA 000156 DENTICAR 001-2340 DENTICARE OF CALIFORNIA 000156 DENTICAR 100-2340 ELLIOTT GROUPi THE EXCEL LANDSCAPE EXCEL LANDSCAPE FAST SIGNS GLENNIES OFFICE PROOUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLOBAL COMPUTER SUPPLIE GLOBAL COMPUTER SUPPLIE GLOBAL COMPUTER SUPPLIE GRAYBAR ELECTRIC CONPAN GRAYBAR EEECTRIC CONPAN GRAYBAR ELECTRIC CONPAN MISC. LANDSCAPE REVIEW 001-161-999-5248 LANDSCAPE IMPROVEMENT IRRIGATION REPAIR 193-180-999-5415 193-180-999-5415 TOT-LOT SIGNS 190-180-999-5250 MISC, OFFICE SUPPLIES MISC. OFFICE SUPPLIES OFFICE SUPPLIES MISC. OFFICE SUPPLIES ', CT240 HEADSET EXT CORD FREIGHT TAX 190-180-~-5220 001-150-~-5220 001-161-999-5220 001-140-9~-5220 320-199-~9-5221 320-1gg-~-5221 320-1~-~9-5221 BOGAN MMT34 DIGITAL REC FREIGHT TAX 320-1~-~-5215 320-1.~-~-5215 320-1~-~9-5215 ITEM AMOUNT 36.00 36.00 36.00 36.00 22,00 126.85 9.75 64.50 11.48 14.02 3.90 19.50 25.50 462.00 25.00 38.12 4.27 252.00 70.00 150.00 700.00 1.67 15.00 29.86 14.93 225.00 187.00 185.00 109.13 37.17 12.39 53.85 28. O0 19.95 5.94 1.83 275. O0 3.45 21.31 PAC-L 3 CHECK AMOUNT 1~4.00 297.50 529.39 252.00 851.67 59.79 225.00 372.00 109.13 131.41 27.72 VOUCJL[E2 CITY OF TENECULA 06 '~ 15:08 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION ACCOUNT NtJt4BER ITEM AMOUNT CHECK AMOUNT 15267 06/02/94 000180 GRAYBAR ELECTRIC CONPAN BOGAN !qqT34 DIG]TAL REC 15267 06/02/94 000180 GRAYBAR ELECTRIC CONPAN FREIGHT 15267 06/02/94 000180 GRAYBAR ELECTRIC CONPAN TAX 190-182-999-5212 190-182-999-5212 190-182-999-5212 275,00 3,45 21.31 599.52 15268 06/02/94 000765 GROUP AMERICA 000765 LIFE INS 15268 06/02/94 000765 GROUP AMERICA 000765 LIFE INS 15268 06/02/94 000765 GROUP AMERICA 000765 LIFE INS 15268 06/02/94 000765 GROUP AMERICA 000765 LIFE 15268 06/02/94 000765 GROUP AMERICA 000765 LIFE INS 15268 06/02/94 000765 GROUP AMERICA 000765 LIFE INS 15268 06/02/94 000765 GROUP AMERICA 000765 LIFE INS 15268 06/02/94 000765 GROUP AMERICA 000765 LIFE INS 15268 06/02/94 000765 GROUP AMERICA 000765 LIFE INS 15268 06/02/94 000765 GROUP AMERICA 000765 LIFE INS 15268 06/02/94 000765 GROUP AMERICA 000765 LIFE INS 15268 06/02/94 000765 GROUP AMERICA 000765 LTD 15268 06/02/94 000765 GROUP AMERICA 000765 LTD 15268 06/02/94 000765 GROUP AMERICA 000765 LTD 15268 06/02/94 000765 GROUP AMERICA 000765 LTD 15268 06/02/94 000765 GROUP AMERICA 000765 LTD 15268 06/02/94 000765 GROUP AMERICA 000765 LTD $r'--q 06/02/94 000765 GROUP AMERICA 000765 LTD 06/02/94 000765 GROUP AMERICA 000765 LTO 15~8 06/02/94 000765 GROUP AMERICA 000765 LTO 15268 06/02/94 000765 GROUP AMERICA 000765 LTO 15268 06/02/94 000765 GROUP AMERICA 000765 LTO 15268 06/02/94 000765 GROUP AMERICA · 000765 STO 15268 06/02/94 000765 GROUP AMERICA 000765 STD 15268 06/02/94 000765 GROUP AMERICA 000765 STD 15268 06/02/94 000765 GROUP AMERICA 000765 STD 15268 06/02/94 000765 GROUP AMERICA 000765 STD 15268 06/02/94 000765 GROUP AMERICA 000765 STD 15268 06/02/94 000765 GROUP AMERICA 000765' STD 15268 06/02/94 000765 GROUP AMERICA 000765 STO 15268 06/02/94 000765 GROUP AMERICA 000765 -STO 15268 06/02/94 000765 GROUP AMERICA 000765 STO 15268 06/02/94 000765 GROUP AMERICA 000765 STD 001-2360 '100-2360 190-2360 191-2360 192-2360 193-2360 280-2360 300-2360 320-2360 -330-2360 340-2360 001-2380 100-2380 190-2380 191-2380 192-2380 193-2380 280-2380 300-2380 320-2380 330-2380 340-2380 001-2500 100-2500 190-2500 191-2500 192-2500 193-2500 280-2500 300-2500 320-2500 330-2500 340-2500 545.31 128.25 142.50 4.28 9.50 14.72 5.70 4.74 9.50 9.50 19.00 789.19 227. O0 193.92 5.89 8.25 20.91 13.29 7.76 18.67 8.72 18.42 186.35 49.47 42 1 1.81 4.60 2.92 1.71 4.11 1.92 4.05 2,505.92 15269 06/02/94 000430 GROUP AMERICA - VOLUNTA 000430 VOLE DE 15269 06/02/94 000430 GROUP AMERICA - VOLUNTA 000430 VOL LIFE 15269 06/02/94 000430 GROUP AMERICA - VOLUNTA 000430 VOL LIFE 15269 06/02/94 000430 GROUP AMERICA - VOLUNTA 000430 VOL LIFE 15269 06/02/94 000430 GROUP AMERICA - VOLUNTA 000430 VOL B OE 15269 06/02/94 000430 GROUP AMERICA - VOLUNTA 000430 VOL LI~E 15269 06/02/94 000430 GROUP AMERICA - VOLUNTA 000430 VOL LIFE 15269 06/02/94 000430 GROUP AMERICA - VOLUNTA 000430 VOL LIFE 001-2510 001-2510 100-2510 190-2510 001-2510 001-2510 100-2510 190-2510 161.80 105.90 11.40 44.50 161.80- 105.90 11.40 44.50 323.60 15270 06/02/94 000184 GTE CALIFORNIA INCORPOR CRC FIRE ALARM LINE 15270 06/02/94 000184 GTE CALIFORNIA INCORPOR 909-699-2475 320-199-999-5208 100;164-999-5208 34.18 34.48 68.66 06/02/94 000194 ICMA RETIREMENT TRUST 4 000194 DEF CONP 001-2080 1,808.96 VOUCHRE2 06/02/94 VOUCHER/ CHECK NUMBER 15271 15271 15271 15271 15271 15271 15272 15273 15274 15275 15276 15277 15277 15277 15278 15279 15279 15279 15279 15280 15281 15281'. 15281 15281 15281 15281 15281 15281 15281 15281 15281 15282 15283 15284 1528~ 15284 15284 15284 15:08 CHECK DATE 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 VENDOR NUMBER 000194 000194 000194 000194 000194 000194 001033 001186 001471 000886 000206 000206 000206 001467 000228 000228 000228 000228 001469 000431 000431 000431 000431 000431 000431 000431 000431 000431 000431 000431 000239 001243 000245 000245 000245 000245 000245 VENDOR NAME IL'MA RETIREMENT TRUST 4 ICMA RETIREMENT TRUST 4 ICNA RETIREMENT TRUST 4 ICNA RETIREMENT TRUST 4 ICMA RETIREMENT TRUST'4 ICMA RETIREMENT TRUST 4 INN AT THE PARK HOTEL, IRWIN, JOHN JAEGER, ROGER JIMENEZ, DIANA KHALSA, ATMA KAUR KINKO'S OF RIVERSIDE, KINKO'S OF RIVERSIDE, KINKO'S OF RIVERSIDE, LASKIN, JON MOBIL MOBIL MOBIL MOBIL MUSI-CAL NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, NATIONAL D~NTAL HEALTH, NATIONAL DENTAL HEALTH, OLSTEN TEMPORARY SERVIC PALMQUIST, MARY PERS (HEALTH INSUR.PREM PERS (HEALTH INSUR.PREM PERS (HEALTH INSUR.PREM PERS (HEALTH INSUR.PREM PERS (HEALTH INSUR.PREM CiTY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS iTEM DESCRIPTION 000194 DEF CUMP 000194 DEF CONP 000194 DEF CONP 000194 DEF CUMP 000194 DEF CONP 000194 DEF CONP NOTEL/CORF. POLICE 80% CONTRACT CLASS REINB/SNACKBAR JIMENEZ/REFUND 80% CONTRACT CLASS PR]NT 30 DAY POOL PASS PRINTING OF 4TH OF JULY TAX DEPOSIT JAZZ CONCERT 8839303792 MAY 8839303792 MAY 8839303792 MAY 8839303792 MAY TRAINING 000431 ADMINFEE 000431 DENT COB 000431 DENTAL 000431 DENTAL 000431 DENTAL 000/,31 DENTAL 000/,31 DENTAL 000431 DENTAL 000431 DENTAL 000431 DENTAL 000431 DENTAL GRAGE, VICKY ME 05/15 t CONTRACT CLASS 000245 ADMINFEE 000245 AETNA SO 000245 AETNA SO 000245 BLSH[ELD 000245 BLSHIELD ACCOUNT NUMBER 100-2080 190-2080 191-2080 193-2080 280-2080 300-2080 001-170-999-5261 190-183-999-5330 190-180-999-5212 190-183-4975 190-18~-999-5330 190-180-999-5222 190-180-999-5222 190-180-999-5222 190-18~-999-5370 001-110-999-5263 001-150-999-5262 001-161-999-5262 100-164-999-5263 190-180-999-5258 001-2340 001-1180 001-2340 100-2340 190-2340 191-?.340 193-2340 280-2340 300-2340 330-P~40 340-2340 001-162-999-5118 190-183-999-5330 001-2090 001-2090 190-2090 001-2090 100-2090 ITEM AMOUNT 398.21 475.52 34.08 41.66 5.00 25.36 501.72 179.20 243.54 50.00 44.80 60.00 58.50 9.18 50.00 19.00 12.96 12.68 23.00 260.00 15.00 32.50 538.71 178.73 130.00 7.31 8.94 9.75 4.06 16.25 16.25 364.00 246.40 110.64 892.00 311.91 323.00 415.00 p~.cr,. 5 CHECK AMOUNT 2,788.79 501.72 179.20 243.54 50.00 ~.80 127.68 67.64 260. O0 957.50 364. O0 246.40 vourjmEz Od 4 15:08 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERlaDS PAGE VOUCHER/ CHECK NUMBER CHECK VENDOR VENDOR DATE NUMBER NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AHOUHT 15284 15284 15284 15284 15284 15284 15284 15284 15284 15284 15284 15284 15284 15284 15284 15284 15284 15284 15284 15284 15284 ~.--~ 15~64 15284 15284 15284 15284 15284 15284 15284 15284 15284 15284 15284 15284 15284 15284 15284 15285 15285 15285 15285 15285 15285 15285 15285 15285 1~5 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000245 06/02/94 000246 06/02/94 000246 06/02/94 000246 06/02/94 000246 06/02/94 000246 06/02/94 000246 06/02/94 000246 06/02/94 000246 06/02/94 000246 06/02/94 000246 06/02/94 000246 PERS (HEALTH INSUR.PREM 000245 PERS (HEALTH INSUR.PREN -000245 PERS (HEALTH INSUR.PREM 000245 PERS (HEALTH INSUR.PREM 000245 PERS (HEALTH ]NSUR.PREM 000245 PERS (HEALTH INSUR.PREM 000245 PERS (HEALTH INSUR.PREM 000245 PERS (HEALTH INSUR.PREM 000245 PERS (HEALTH INSUR.PREM 000245 PERS (HEALTH IHSUR.PREN 000245 PERS (HEALTH INSUR.PREN 000245 PERS (HEALTH INSUR,PREN 000245 PERS (HEALTH ]NSUR.PREN 000245 PERS (HEALTH INSUR.PREM 000245 PERS (HEALTH INSUR.PREN 000245 PERS (HEALTH INSUR.PREM 000245 PERS (HEALTH INSUR.PREM 000245 PERS (HEALTH INSUR.PREN 000245 PERS (HEALTH INSUR.PREN 000245 PERS (HEALTH INSUR.PREM 000245 PERS (HEALTH ZNSUR.PREM 000245 PERS (HEALTH INSUR.PREN 000245 PERS (HEALTH INSUR.PREN 000245 PERS (HEALTH INSUR.PREN 000245 PERS (HEALTH INSUR.PREM 000245 PERS (HEALTH INSUR.PREN 000245 PERS (HEALTH ]NSUR.PREM 000245 PERS (HEALTH iNSUR.PREM 000245 PERS (HEALTH ZNSUR.PREN 000245 PERS (HEALTH INSUR.PREN 000245 PERS (HEALTH ZNSUR.PREM 000245 PERS (HEALTH INSUR.PREM 000245 PERS (HEALTH ZNSUR.PREM 000245 PERS (HEALTH ZNSUR.PREN 000245 PERS (HEALTH [NSUR.PREN 000245 PERS (HEALTH INSUR.PREM 000245 PERS (HEALTH INSUR.PREM 000245 PERS (HEALTH INSUR.PREN 000245 PERS (HEALTH INSUR.PREN 000245 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RET]REM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETZREM 000246 PERS EMPLOYEES' RETZREM 000246 PERS EMPLOYEES' RETIREM 000246 CALICARE CIGNA CIGNA CIGNA CIGNA EMP DED HELTHNET HELTHNET HELTHNET HELTHNET HELTHNET HELTHNET HELTHNET KAISERSO KAISERSO PACIFICR PAC]FICR PACIFICR PACIF1CR PC PERS CHO PERS CHO TAKECARE TAKECARE TAKECARE TAKECARE ;'BKOT DED CIGNA CIGNA HELTHNET HELTHNET HELTHN~T HELTHNET PACIFICR PACiFZCR PC PERS CHO TAKECARE TAKECARE PER REDE PER REDE PERS RET PERS R~T PERS RET PERS RET PERS RET PERS RET PERS RET PERS RET PERS RET 1 O0 - 2090 001-2090 1 O0 - 2090 280-2090 300-2090 001-2090 001-20~0 1 O0 - 20~0 1~0-2090 191-2090 193-2090 330-2090 340-2090 001-2090 190 - 2090 001-2090 100-2090 190 - 2090 193-2090 001-2090 001-2090 100- 2090 001-2090 1 O0 - 2090 280-2090 300-2090 001-2090 001-2090 280- 2090 001-2090 100- 2090 190-2090 340-2090 001-2090 100- 2090 O01 - 2090 001-2090 001-2090 280-2090 001-2130 100-2130 001-2390 100-2390 190-2390 191-2390 192-2390 193-2390 280-2390 300-2390 320-2390 401,53 1,911.41 325.08 79.78 101.95 576.19 3,089.91 1,157.82 1,806.92 135.95 166.16 302.11 416.95 978.36 815.30 578.08 584.25 895.23 303.58 1,046.71 1,590.87 373. O0 1,740.20 595.87 170.18 41.88 478.10- 7.26 1.81 105.57 1.86 210.34 5.98 13.57 7.40 94.29 27.13 1.74 1.15 107.35 107.35 10,:380.61 2,752.34 2,486.58 80.06 96.57 284.39 155.59 95.92 245.53 22,237.82 VOUCHRE2 06/02/94 15:08 C%TY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PER%0OS pact-,, 7 VOUCHER/ CHECK NUMBER 15285 15285 15285 15285 15285 15285 15285 15285 15285 15285 15285 15285 15285 15286 15286 15286 15286 15286 15286 15286 15286 15286 15286 15286 15286 15287 15288 15289 15290 15291 15292 15293 15294 15294 15294 15294 15295 15296 15296 15296 CHECK DATE 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 VENDOR NUMBER 0002~6 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 001472 000546 000262 001241 001475 000815 000374 000374 000374 000374 001212 000375 000375 000375 VENDOR NAME ITEM DESCRIPTION PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREN 000246 PERS EMPLOYEES' RETIREN 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREM 000246 PERS EMPLOYEES' RETIREN 000246 PERS EMPLOYEES' RETIREN 000246 PERS EMPLOYEES' RETIREM 000246 PERS RET PERS RET SURVIVOR SURVIVOR SURVIVOR SURVIVOR SURVIVOR SURVIVOR SURVIVOR SURVIVOR SURVIVOR SURVIVOR SURVIVOR 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 PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH POSTER COMPLIANCE CENTE FEDERAL POST]NGS RADIO SHACK/BUTTERFIELD RECORDER RANCHO CALIFORNIA WATER 3/30-5/04 ACCOUNT NUMBER 530-B90 001-2~90 100-2390 190-2390 191-2390 192-2390 193-2390 280-2~90 300-2390 320-2390 330-2390 340-2390 001-110-999-5220 001-162-999-5260 001-16.3-999-5260 001-170-999-5220 190-180-999-5242 190-180-999-5301 001-110-999-5220 001-150-999-5260 001-162-999-5261 190-180-999-5258 100-164-999-5238 001-162-999-5222 001-163-999-5228 001-163-999-5242 190-180-999-5240 REED, JIM REIMB. WORK BOOTS 190-180-999-5243 REVENUE AT RISK SEMINAR SEMINAR JUNE 15 ROBERTSON, SUSAN ROBERTSON/REFUND ROWLEY, CATHERINE 80X CONTRACT CLASS SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON 04/21-05/20/94 4/25-5/25 4/25-5/25 4/25-5/25 SOUTHERN CALIFORNIA GAS 4/25-5/24 SOUTHERN CALIFORNIA TEL SOUTHERN CALIFORNIA TEL SOUTHERN CALIFORNIA TEL 909-202-4757 JG APRIL 909-202-4767 GT APRIL 909-202-5153 GY APRIL 001-140-999-5258 190-183-4975 190-183-999-5330 100-164-999-5240 191-180-999-5319 340-199-999-5240 193-180-999-5240 190-181-999-5240 001-iZ0-999-5208 001-161-999-5208 001-110-999-5208 ITEM AMOUNT 104.86 222.10 55.80 12.54 13.95 .42 .93 1.44 .57 .47 .93 ,93 1.86 19.26 19.81 4~.95 11.69 12.59 88.04 2.78 42.21 15.00 5.00 18.4~ 42.80 29.03 114.70 63.45 95. O0 15.00 25.00 64.00 26.61 5,006.32 5,521.86 460.00 38.33 63.49 60.35 66.30 CHECK AMOUNT 17,189.09 322.57 29.03 114.70 63.45 95.00 15.00 25.00 64.00 11,014.79 38.33 VOUCIJRE2 PAGE 8 06/ 15: 08 VOUCHER/ CHECK NUMBER 15296 15296 15297 15298 15299 15300 15301 15302 15303 15304 15305 15305 1, 15306 15306 15306 15306 15307 15307 15307' 15307 15307 15307 15308 15308 15308 15309 15310 15311 15312 15312 CHECK DATE 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 06/02/94 VENDOR VENDOR NUMBER NAME 000375 SOUTHERN CALIFORNIA TEL 000375 SOUTHERN CALIFORNIA TEL 001448 SOUTHLAND FIRE PROTECT] 000291 SPEE DEE OIL CHANGE & T 001372 STAR WAY PRODUCTIONS 000752 STONE~ JEFFREY E. 000168 TEMECULA FLOWER CORRAL 000320 TOUNE CENTER STATIONERS 001376 TOYOTA OF TEMECULA VALL 000459 TUMBLE JUNGLE 000325 UNITED WAY OF THE INLAN 000325 UNITED WAY OF THE INLAN 000325 UNITED WAY OF THE INLAN 000325 UNITED WAY OF THE INLAN 000326 UNITOG RENTAL SERVICE 000326 UNITOG RENTAL SERVICE 000326 UNITOG RENTAL SERVICE 000326 UNITOG RENTAL SERVICE 001065 USCN/PEBSCO (DEF. CONP. 001065 USCN/PEBSCO (DEF. CONP. 001065 USCN/PEBSCO (DEF. CONP. 001065 USCN/PEBSCO .(DEF. CONP. 001065 USCM/PEBSCO (DEF. CONP. 001065 USCM/PEBSCO (DEF. COMP. 000389 USCM/PEBSCO, (OBRA) 000389 USCN/PEBSCO, (ORRA) 000389 USCM/PEBSCO, (ORRA) 001209 VAULT~ THE 001437 VIRACK~ MARYANN 001433 VYLANI: AKA; VY ALLMON 000342 MINDSOR PARTNERS - RANC 000342 WINDSOR PARTNERS - RANC CiTY OF TENEOULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 909-202-4759 TE APRIL 909-202-4761SM APRIL Reptacemen~ of sprinkle OIL CHANGE MEMORIAL SERVICE REIMB. TICKETS BECKY KARCHER FLOk'ERS OFFICE SUPPLIES TOMING VEHICLE 80X CONTRACT CLASS 000325 UW 000325 UW 000325 UW 000325 UW UNIFORM RENTAL MISC. UNIFORM PAINT. RUG RENTAL FLOOR MAT RENTAL & CLEA 001065 DEF CONP 001065 DEF CONP 001065 DEF CONP 001065 DEF CONP 001065 DEF CONP 001065 DEF CONP 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR DATA STORAGE/INSERTS 80% CONTRACT CLASS 80% CONTRACT CLASS JUNE RENT/PAY CAM JUNE RENT/PAY CAM ACCOUNT NUMBER 001-162-999-5208 001-100-999-5208 190-180-999-5212 310-164-999-5214 001-120-999-5250 001-100-999-5260 001-2170 001-163-999-5220 190-180-999-5250 190-183-999-5330 001-2120 100-2120 190-2120 280-2120 100-164-999-5243 190-180-999-5243 340-199-999-5250 190-180-999-5250 001-2080 100-2080 190-2080 300-2080 320-2080 340-2080 001-2160 100-2160 190-2160 001-120-999-5250 190-183-999-5330 190-183-999-5330 340-199-999-5212 340-199-999-5234 ITEM AMOUNT 56.40 156.72 200.00 141.98 200.00 62.50 52.80 50.50 50.40 331.20 78.90 1.00 17,00 .60 23.00 18.85 30,75 16.75 2,265.02 197,98 156,32 3,47 312,50 50,00 215,22 93.00 583.32 189.36 96.00 48.00 81.17 29,780.55 CHECK AMOUNT 403.26 200.00 141.98 200.00 62.50 52.80 50.50 50.40 331.20 97.50 89.35 2,985.29 891.54 189.36 96.00 48.00 29,861.72 TOTAL CHECKS 163,517,53 VOUCHRE2 06/0Z/9~ 15:~1 CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS p~r., 2 FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 CONNUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 210 CAPITAL IHPROVENENT PROJ FUND 250 CAPITAL PROJECTS - TCSD 280 REDEVELOPHENT AGENCY - CiP TOTAL Nq(I.NT 19,978.19 2,256.75 38,866./,5 1,/,25. O0 14,377.Z3 3,200.00 1/8.71 80,252.33 VOUCh2 06, ', VOUCHER/ CHECK NUMBER 15316 15317 15318 15318 15318 15318 15318 15318 15318 15318 15319 15319 15319 15319 15319 15319 15319 15319 15319 15319 15319 15319 15319 15319 15320 15320 15321 15322 15323 15323 15:41 CHECK DATE 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 VENDOR NUMBER 001446 001294 000123 000123 000123 000123 000123 000123 000123 000123 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 001207 001207 000230 000678 000539 000539 VENDOR NAME ARMOR CUSTOM MELD & FAB BESWICK, STEVE BURKE WILLIANS & SORENS BURKE W]LLIANS & SORENS BURKE WlLLIANS & SORENS BURKE W]LLIANS & SORENS BURKE WILLIAMS & SORENS BURKE WILLIANS & SORENS BURKE WILLJAMS & SORENS BURKE WILLJAMS & SORENS CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE MA MARTIN J. JASKA, INC. MARTIN J. JASKA, INC. MUNI FINANCIAL SERVICES RIVERSIDE COUNTY HEALTH WIMMER YAMADA ASSOCIATE WIMMER Y/M~ADA ASSOCIATE CiTY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION REPLACE gROUGHT IRON FE PROJECT ENGINEER PROF SERVICES/APRIL 94 PROF SERVICES/APRiL 94 PROF SERVICES/APR%L 94 PROF SERVICES/APRIL 94 FUNDS NOT BUDGETED FUNDS NOT BUDGETED REDEV ATTNY SERVICES-4/ FUNDS NOT BUDGETED PALONA DEL SOL LANDSCAPE HAINTENANCE LANDSCAPE HAINTENANCE MEDIANS SERVICE AREA KENT HINTERGARDT PARK PALONA DEL SOL MEDIANS SERVICE AREA KENT H]NTERGARDT PARK LANDSCAPE HA]NTENANCE LANDSCAPE MAINTENANCE PALONA DEL SOL PARK LANDSCAPE HAINTENANCE LANDSCAPE HAINTENANCE MEDIANS SERVICE AREA KENT HINTERGARDT PARK LANDSCAPE HAINTENANCE CHANGE ORDER #1/PALA PR CHANGE ORDER #1/PALA PR CSD ADMIN SERVICES' ANIHAL CONTROL/MARCH PROF. SERV. 4/1-4/30 CREDIT ADJUSTMENT ACCOUNT NUMBER 250-190-129-5804 100-164-999-5248 300-1~9-~-5207 190-180-999-5246 001-130-999-5246 001-1280 300-199-~-5207 190-180-~-5246 280-1~9-999-5246 280-199-9~-5246 190-180-999-5250 190-180-999-5250 190-180-999-5250 191-180-999-5415 190-180-999-5250 190-180-999-5250 191-180-999-5415 190-180-999-5250 190-180-999-5250 190-180-999-5250 190-180-999-5250 190-180-999-5250 190-180-999-5250 191-180-999-5415 190-180-~-5250 190-180-9~-5250 210-1990 210-2035 190-180-999-5370 001-172-999-5255 210-190-120-5802 210-190-120-5802 ITEM AMOUNT 3,200.00 2,256.75 11,581.05 1,057.82 13,560.19 322.00 11,581.05- 979.89- 5,784.70 5,635.99' 3,582.81 175.00 3,762.53 475.00 3,702.44 3,582.81 475.00 3,702.44 175.00 3,762.53 3,582.81 175.00 3,762.53 475.00 3,702.44 3,582.81 14,252.00 1,425.20' 1,537.37 6,096.00 2,885.19 1,334.76- PAGE 1 CHECK AMOUNT 3,200.00 2,256.75 14,108.83 38,676.15 12,826.80 1,537.37 6,096.00 1,550.43 TOTAL CHECKS 80,252.33 VOUCHRE2 0512619~ 14:26 CITY OF TENECULA VOUCHER/CHECK REG]STER FOR ALL PER/ODS PA~r.~ 3 FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 165 RDA DEV- LO~/NO0 SET ASIDE 190 COHHUNITY SERVICES DISTRICT 193 TCSD SERVICE LEVEL C 210 CAPITAL INPROVENENT PROJ FUND 250 .CAPITAL PROJECTS - TCSD 280 REDEVELOPNENT AGENCY - 320 INFORHATZON SYSTENS TOTAL AHOUNT 316,605.31 15,315.48 3,7V5.41 9,590.18 16,903.21 21,178.00 42,763.50 13,640.71 5,503.40 445,295.20 VOUCHI~ PAGE 1 05/2 14:26 VOUCHER/ CHECK NUMBER 15212 15213 15213 15214 15215 15215 15215 15215 15215 15216 15216 15216 15216 15216 15216 15217 1F' 1: 15217 15217 15217 15217 15218 15219 15219 15219 15219 15220 15220 15220 15220 15220 15220 15220 15220 15220 15220 15220 15220 15220 15220 CHECK DATE 06/14/94 06/14/94 06/14194 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 .06/14/94. 06/14/94 06114/94 06114/94 06/14194 06/14/94 06/14/94 06/14194 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 VENDOR NUMBER 001281 001294 001294 O001ZS 000135 000135 000135 000135 000135 000447 000447 000447 000447 000447 000447 000754 000754 000754 000754 000754 000754 000754 001408 001056 001056 001056 001056 000178 000178 000178 000178 000178 000178 000178 000178 000178 000178 000178 000178 000178 000178 VENDOR NAME ALHAMBRA GROUP BESWICK, STEVE BESWICK, STEVE BURKE WILLIAMS & SORENS CENTRAL CITXES SIGN SER CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CONTRONIX OF HEMET CONTRONIX OF HEMET COMTRONIX OF HEMET COMTRONIX OF HEMET CONTRONIX OF HEMET COHTRONIX OF HEMET ELLIOTT GROUP, THE ELLIOTT GROUP, THE ELLIOTT GROUP, THE ELLIOTT GROUP, THE ELLIOTT GROUP, THE ELLIOTT GROUP, THE ELLIOTT GRQUP~ THE ENVIRONMENTAL CONTROL S EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION DESIGN SERVICES/HICKS P WORKERS CONP 4/1-5/1/94 ENGINEER SERVICES/APRIL LEGAL SERVICES 4/30 SIGN ORDER 10"' QUICK-PUNCH POST ANCHORS TAX SIGN ORDER UNIDEN, MODEL SPS 320TS UNIDEN, MGOEL APX 181A, UNIDEN, MODEL APX 185, UNIDEN, MOOEL APX 115, DISCOUNT ON MERCHANDISE TAX MISC. LANDSCAPE REVIE~ LANDSCAPE REVIEW MISC. LANDSCAPE REVIEW LANDSCAPE PAINT, INSPECTION SERVICES PLAN CHECK REVIEW MISC, LANDSCAPE REVIEW DEMOLISH & REMOVE STRUC SLOPE SERVICE AREA A/HA PAY LANDSCAPE PAINT LANDSCAPE MAINTENANCE SLOPE SERVICE AREAS B & 4MB SIHN MEMORY MODULE FREIGHT TAX MOTHERBOARD REPLACEMENT 2lOMB HARD DRIVE REPL F IDE CONTROLLER FREIGHT TAX COLORADO 250 TAPE"B/U I FREIGHT TAX 210MB HARD DRIVE FREIGHT TAX ACCOUNT NUMBER 280-199-805-5802 001-1182 100-164-999-5248 001-130-999-5246 100-164-999-5244 100-162,-999-5244 100-16~-999-5244 100-164-999-52t.~. 100-164-999-5244 001-171-999-5610 001-171-999-5610 001-171-999-5610 001-171-999-5610 001-171-999-5610 001-171-999-5610 001-161-999-5248 001-161-999-5250 001-161-999-5248 190-180-999-5250 190-180-999-5250 193-180-999-5250 001-161-999-5248 001-162-999-5250 193-180-999-5415 193-180-999-5415 190-180-999-5250 193-180-999-5415 320-199-999-5215 320-199-999-5215 320-199-999-5215 320-199-999-5215 320-199-999-5215 320-199-999-5215 320-199-999-5215 3Z0-199-999-5Z15 001-171-999-5221 001-171-999-5221 001-171-999-5221 001-171-999-5221 001-171-999-5221 001-171-999-5Z21 ITEM AMOUNT 9,845.29 108.07- 2,495.70 4,143,43 2,999.93 2,684.50 Z,O8Z.50 369,44 52.41 999.00 59.00 12.00 115.00 177.75- 78.06 1,025.00 655.00 200.00 545.00 535.00 900.00 450.00 9,100.00 4,295.00 405.97 6,877.81 11,302.24 636.00 2.00 49.29 445.00 200.00 90.00 10.00 56.96 175.00 .01 13.55 200.00 .01 15,49 CHECK AMOUNT 9,8~5.29' 2,387.63 4,143.43 8,188.78 1,085.31 4,310.00 9,100.00 22,881.02 1,893.31 06/14/94 001429 INACON INFORMATION SYST STORAGE DIMENSION 2.1GB 320-199-999-5221 2,540.00 VOUCHRE2 PAGF_,.2 05/26/92, 14:26 VOUCHER/ CHECK NUMBER 15221 15222 15223 15224 15225 15226 15226 15227 15228 15228 15228 15228 15228 15228 15228 15228 15228 15228 15229 15230 15230 15231 15231 15231 15231 15232 15232 15233 15233 15233 15233 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS CHECK VENDOR VENDOR ITEM ACCOUNT DATE NUMBER NAME DESCRIPTION NUMBER 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 06/14/94 001429 000202 000883 000230 001007 001383 001383 001169 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000513 000929 000929 000329 000329 000329 000329 000539 000539 000820 000820 000820 000820 INACON INFORMATION SYST TAX J.F. DAVIDSON ASSOCIATE MONTELEONE EXCAVATING MUNI FINANCIAL SERVICES NPG CORP. PMW ASSOCIATES PMW ASSOCIATES RIVERSIDE COUNTY CLERK RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF SIMMONS, BECKY MCLEAN T.B. PENtCK & SONS, INC T.B. PENICK & SONS, INC URBAN DESIGN STUDIO URBAN DESIGN STUDIO URBAN DESIGN STUDIO URBAN DESIGN STUDIO WINHER YAMADA ASSOCIATE WIMMER YANADA ASSOCIATE WlNCHAK, KR~S MINCHAK, KRIS ~INCHAK, KRIS WlNCHAK, KRIS 06/14/94 06/14/94 06/14/94 06/14/94 320-199-999-5221 DESIGN SERVICES/SPORTS 210-190-137-5802 "EMERGENCY" BACKF ILL 100-1270 ASSESSMENT SERVICES 190-180-999-5370 "EMERGENCY" STREET & Sl 100'1270 APRIL CONSULTANT APRIL CONSULTANT 280-199-999-5248 165-199-999-5250 FILING OF NOD/SPORTS PA 210-190-137-5802 MARCH POLICE SERVICES MARCH POLICE SERVICES MARCH POLICE SERVICES MARCH POLICE SERVICES MARCH POLICE SERVICES MARCH POLICE SERVICES MARCH POLICE SERVICES MARCH POLICE SERVICES MARCH POLICE SERVICES MARCH POLICE SERVICES 001-170-999-5288 001-170-999-5299 001-170-999-5298 001-170-999-5290 001-170-999-5291 001-170-999-5281 001-170-999-5282 001-170-999-5262 001-170-999-5294 001-1230 ON-SITE SOFTWARE TRAINI 320-199-999-5250 CRC CONSTRUCTION RETENTION HELD 250-190-12-9-5804 250-2035 PARTIAL RETENTION OLD TOWN SPECIFIC ~LAN RETENTION CREDIT MEMO 001-2035 001-161-999-5248 001-2035 001-161-999-5248 PROF SERVICES/PALA ROAD 210-190-120-5802 PALA PARK AMENDMENT 210-190-120-5802 REINBURSABLES/NOTARY 190-180-999-5250 CREDIT k/ORKERS CONP 001-1182 PALA RD DRAINAGE RESEAR 001-163-999-5250 PLAN CHECK SERVICES - 0 001-16~-999-5249 TOTAL CHECKS ITEM AMOUNT 199,15 10,150,00 2,931.00 1,537.37 1,700.00 3,795.42 3,795.41 1,328.00 192,761.92 14,481.62 23,378.40 6,809.84 6,698.81 19,470.15 3,129.70 14,522.41 7,857.74 6,698.81 1,275.00 47,515.00 4,751.50' 1,400.00 8,720.81 5,928.B- 2,792.08- 1,962.50 7,757.50 95.00 76.32- 725.00 1,812,50 CHECK AMOUNT 2,7'~9.15' 1Q,150.00 2,931'.00 1,537.37 1,700.00 7,590.83 1,328.00 295,789.40 1,275.00 42,763.50 1;4oo.oo 9,700.00 2,556.18 445,295.20 ITEM NO. 4 TO: FROM: DATE: SUBJECT: CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane McLarney, Finance Officer June 14, 1994 City Treasurer's Report as of April 30, 1994 PREPARED BY: Tim McDermott, Senior Accountant RECOMMENDATION: That the City Council receive and file the City Treasurer's report as of April 30, 1994. DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. The City's investment portfolio is in compliance with the Code Sections as of April 30, 1994. FISCAL IMPACT: None ATTACHMENTS: 1. City Treasurer's Report as of April 30, 1994 2. SchedUle of Fund Balances as of April 30, 1994 City of Temecula City Treasursr's Report As of April 30, 1994 Cash Activity for the Month of April: Cash and Investments as of April 1, 1984 Cash Receipts Cash Disbursements Cash and Investments as of April 30, 1984 41,4~6,584 2,788,079 (1,651,130) 42,623,533 Cash and Investments Portfolio: Type of Investment. Petty Cash General Checking Benefit Demand Deposits Local Agency Investment Fund Deferred Compensation Fund Deferred Compensation Fund Defined Contribution Fund Trust Accounts-TCSD COPs TruSt Accounts-RDA Bonds Institution City Hall First Interstate First Interstate State Treasurer ICMA PEBSCO PEBSCO Bank of America Bank of America Yield 4.333% 3.160% 3.160% Balance 800 233,262 6,058 29, 103,523 274,408 227,406 16,091 506,083 12,255,902 $ 42,623,533 (1) (1) (1)-This amount is net of outstanding checks. Per Government Code Requirements, this Treasurer's Report is in compliance with the City of Temecula's investment policy and thers ars adequate funds available to meet budgeted and actual expenditures of the City of Temecula for th~ next thirty days. City of Temecula Schedule of Fund Balances As of Apdl 30, 1994 Total Assets $ Less: Liabilities Total Fund Balances Less: Reserved Amounts (1) Less: Designated Amounts (2) Unreserved, Undesignated Fund Balances $ Community Services Redevelopment · City District Agency Total 26,308,01 0 $ 2,201,615 $ 19,709,465 $ 48,219,090 3,372,636 6.50,096 665,744 4,688,476 22,935,374 1,551,51 9 19,043,721 43~530,614 5,271,099 614,644 5,888,540 11,774,283 10, 140,564 936,875 13, 155, 181 24,232,620 7,523,711 $ 0 $ 0 $ 7,523,711 (1) Includes amounts reserved for encumbrances, land held for resale, long-term notes receivable, low/rood housing, and debt service. (2) Includes amounts designated for economic uncertainty, debt service, and continuing appropriations. ITEM 5 APPROVAL/~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council City Clerk June 14, 1994 Records Destruction Approval RECOMMENDATION: Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. BACKGROUND: On March 22, 1992, the City Council approved Resolution No. 92-17 which authorizes the destruction of certain city records which have become outdated, obsolete or are excess documents, in compliance with Sections 34090 through 34090.7 of the Government Code. The records management program, administered by the City Clerk's Office, is in the process of microfilming all inactive records that are over two (2) years old. The attached exhibit details plot plans for the years 1984 through 1990 which have been copied to microfilm. Three microfilm copies have been prepared, one to be kept in the Planning Department, one in the City Clerk's records vault and one in permanent off-site storage. A second request has been received from the Human Resources Division requesting destruction of obsolete personnel recruitment materials. A list of these records is also attached. These records do not require permanent storage on microfilm under the provisions of the Records Retention Policy. The City Attorney has reviewed this request and has signed Exhibit "1" of the Annual Review as provided for in Resolution No. 92-17. '. ATTACHMENTS: JSG Destruction of Records Request - Human Resources Destruction of Records Request List of Records recommended for destruction CITY OF TEMECULA MEMORANDUM TO: FROM: DATE: June Greek, City Clerk Grant Y~s, Human Resources Administrator April 18, 1994 SUBJECT: Destruction of Records Pursuant to Resolution No. 92-17, the retention period for the following records has been satisfied and the records can be destroyed at this time. APPLICATIONS MATERIALS FOR: Senior Planner Volunteer Coordinator Planning Technician Account Clerk Senior Development Assistant Permit Engineer Senior Public Works Inspector Senior Management Analyst Maintenance Worker Maintenance Supervisor Principal Engineer Senior Accountant Office Assistant/Facilities Technician Associate Planner Assistant Planner Maintenance Superintendent Lead Maintenance Worker Traffic/Engineering Technician Senior Recreation Services Coordinator RECRUITMENT DATE 06/91 06/91 06/91 06/91 07/91 07/91 07/91 07/91 07/91 07/91 08/91 08/91 09/91 09/91 09/91 09/91 11/91 12/91 12/91 TO: City Clerk FROM: Gail Zigler, Office Specialist DATE: June 14, 1994 SUBJECT: Destruction of Records Request Attached is a print out of Plot Plans (Retention Type 20324) dating from 1984 through 1990 and Administrative Plot Plans (Retention Type 20301 ) dated 1990.. These records have been microfilmed in triplicate with a copy distributed to the City Clerk's Records Vault, the Planning Department and a copy to the Vault in San Diego. The following have reviewed and approved this destruction request. Pursuant to the requirements of Government Code Section 34090, I hereby give my consent to the destruction of records under the direction of the City Clerk pursuant to the City of Temecula's adopted Destruction of Obsolete Records Policy. Department Headi. City Attorney: R:\forms\destruct.rqs RRDESTY...RR061 Cit~/of Teme~uta Doc. Ref ......... 161 Page 1 05/18/1994 Files Ready for Destruction Retention Code... 20324 10:25:32 Destruction Date. 05/ol/199& Ooc. item Rat. File Reference # Storege l4edie Ref. Date Ref. Brief Description Code Security CLams Storage Location Location Ref, ~ 161 09/28/198~ 7874 PLot PLan 7874 20326 0006 Film 3821H1AOOQ1 Group ! 161/120/The Vault 161 0~/14/1987 9887 PLot PLan 9887 20324 QQQ6 FILm 3821.1A0001 Group ! 161/120/The Vault 161 06/04/1987 9883 PLot PLan 9883 20324 QQQ6 Film 3821H1AOOQ1 'Group ! 161/12Q/The Vault . .. .................................................... ~ ........... 161 06/12/1987 9891 PLot PLan 9891 20324 QQQ6 FILm 3821H1AOOOl Gro~ ! 161/12Q/The Vault 161 06/12/1987 990? PLot PLan 990? 20324 0006 Film 3821H1AQQQ1 Group Z 161/12Q/The VauL;t 161 06/15/1987 9896 PLot PLan 9896 20326 QO06 Film 3821N1A0001 Group i 161/12Q/The Vault 161 06/15/1987 9897 PLot PLan 989? 2(3324 QQQ5 FILm 3821N1AQQQ1 Group ! 161/120/The Vault 161 06/15/1987 9898 PLot PLan 9898 20324 0006 FILm 3821N1AO001 Group i 161/120/The Vault 161 06/16/1987 9930 Plot PLan 9930 20324 0006 Film 3821H1AOOOl Group Z 161/120/The Vault 161 06/17/1987 9915 PLot PLan 9915 20324 0006 Film 3821N1AQOOl Group [ 161/12Q/The Vault 161 06/22/1987 9908 PLot PLan 9908 20324 0006 Film 3821H1AOOOl Group I 161/12Q/The Vault 161 06/22/1987 9909 PLot PLan 9909 20324 0006 Film 3821NIAOO01 Group ! 161/120/The Vault 161 06/22/1987 9911 PLot PLan 9911 20324 0006 Film 3821NIAOO01 Group I 161/12Q/the Vault 161 06/22/1987 9929 PLot PLan 9929 20324 0006 Film 3821NIAOOO1 Group ! 161/120/The Vault 161 06/23/1987 9885 PLot PLan 9885 2~24 0006 Film 3821MIAOOO1 ~roup Z 161/120/The Vault 161 06/9/1987 9903 PLot PLan 9903 20326 0006 Film 3821NIAOOO1 Group Z 161/120/The Vault 161 06/9/1987 991X PLot PLan 990~ 20324 0006 Film :3821NIAOOO1 - Group ! 161/120/The Vault 161 06/23/1987 9910 PLot PLan 9910 20324 0006 Film 3821NIAOOO1 Group I 161/12Q/The Vault RRDESTY...RR061 City of TemecuLa Page 2 05/18/199/* FiLes Reedy for Destruction 10:25:32 Do- ]tem Ret. FiLe Reference # Storage 14edie Re Date Ref. Brief Description Code Security CLass Storage Lecetion Location Reference 161 06/2/*/1987 9925 PLot PLan 9925 2032A 0006 FiLm 3821N1AO001 Group ] 161/120/The VauLt 161 07/01/1987 9927 PLot PLan 9927 2032/, 0006 FiLm 38Z1NIAO001 Group ] 161/120/The VauLt 161 07/01/1987 995/* PLot PLan 995/* 2032/* 0006 FiLm 3821H1AO001. · Group ] 161/120/The VauLt 161 07/06/1987 9928 PLot PLan 9928 2032/* 0006 FiLm 3821N1AO001 · Group I 161/120rrhe VauLt 161 07/06/1987 99/*9 PLot PLan 99/*9 2032/, 13006 FiLm 3821N1AO001 Group I 161/120/The VauLt 161 07/06/1987 997/* PLot PLan 997/, 2032/* 0006 FiLm 3821N1AO001 Group i 161/120/The VauLt 161 07/07/1987 10002 PLot PLan 10002 2032/, 0006 FiLm 3821N1AO001 Group [ 161/120/The VauLt 161 07/07/1987 10029 PLot PLan 10029 2032/, 0006 FiLm 3821N1AO001. Group i 161/120/The VauLt 16. 7/08/3987 9981 PLot PLan 9981 2032/* 0006 FiLm 3821N1AO001 Group I 161/120/The VauLt 161 07/09/1987 998~ PLot PLan 998~ 2032/, 0006 FiLm 3821N1AO001 Group I 161/120/The VauLt 161 07/13/1987 9976 PLot PLan 9976 2032/, 0006 FiLm 3821N1AO001 Group I 161/120/The VauLt 161 07/16/1987 10011 PLot PLan 10011 2032/, 0006 FiLm 3821M1AO001 , Group I 161/120/The VauLt 161 07/17/1987 9992 PLot PLan 9992 2032/* 0006 FiLm 3821M1AO001 Group I 161/120/The VauLt 161 07/17/1987 9993 PLot PLan 9993 2032/* 0006 FiLm 3821M1AO001 Group I 161/120rrhe vault 161 07/17/1987 9995 PLot PLan 9995 2032/, 0006 FiLm 3821M1AO001 ~rOUp [ 161/120/The VauLt 161 07/17/1987 9996 PLot PLan 9996 2032/, 0006 FiLm 3821NIAO001 Groq~ I 161/120/The VauLt 161 _ 0712011987 9985 PLot PLan 9985 2032/, 0006 FILm 3821N1AOOO1 Group i 161/120/The VauLt 161' 07/22/1987 10007 PLot PLan 10007 2032/* 0007 FiLm 3821N1AOOOl Group I 161/120/The VauLt RRDESTY,,.RRO61 City of Temec:uLa Page 3 05/18/1994 Files Ready for Destruction 10:25:32 D~. item Rat. File Reference # Storage Hedia ~' Ref, Date Ref, Brief Description Code S~urity CL,s Storage Location Location Refe 161 0~2~1987 100~ PLot PLan 10008 2~ 0006 FIts :3821N1A0001 Group ! 161/120/The Vault ............................................................... ;.. 161 0~2~1987 10016 PLot PLan 10016 2~24 0006 FILm 3821H1AO001 Group ] 161/120/The~utt 161 0~2~1987 9990 PLot PLan 9990 203~ 0006 Film 3~lH1AOO01 Group I 161/120/The Vault' 161 07~1987 10032 PLot PL~ 10032 2~ 0006 Film 3821N1AOOO1 Group Z 161/120/The Vault ................................. ; ................................ 161 08/03/1987 10048 PLot PLan 10045 2~ 0000 FILm 3821N1AO001 Group i 161/12D/The Vault 161 08/04/1987 10043 PLot PLan 10045 20324 0006 Film 3~1H1AOOOl Group i 161/120/The Vault 161 08/05/1987 10065 PLot PLan 10065 2~24 0000 Film 3821H1AO001 Group i 161/120/The Vault 161 05/0~1957 10~1 PLot PLan 10~1 2~24 0006 Film 3821H1AO001 Group I 161/120/The VauLt 161 08/13/1987 10060 PLot PLan 10060 2~24 0006 FiLm 3821NIA0001 Group I 161/120/The~uLt 161 08/14/1987 100~ PLot Pt~ 100~ 2B~ 0006 FiLm 3~1NIA0001 Group % 161/120/The VauLt 161 08/14/1987 10266 PLot PLan 10266 2~24 0007 FiLm 3821N1A0001 Group I 161/120/The Vault 161 08/1~1987 10113 PLot PLan 10113 2~24 0007 FiLm 3821NIA0001 Group i 161/120/The VauLt 161 08/24/1987 100~ PLot PLan 100~ 2824 00~ FiLm 3821NIA0001 Group [ 161/120/The ~utt 161 08/~/1987 100~ PLot PLan 100~ 2~24 0000 ' FiLm 3821N1A0001 Group I 161/120/The ~utt 161 ~/28/1987 100~ PLot PLan 100~ 2~24 0007 FiLm 3821NIA0001 ' ~roup.l 161/120/The VauLt 161 09/01/1987 10079 PLot PLan 10079 2~24 0006 FiLm ~821NIAOO01 Group I 161/1~he VauLt 161 0~02/1987 10080 PLot PLan 10080 2~ 0007 FiLm 3821N1A0001 *- Group I 161/120~he VauLt 161 09/02/1987 10082 PLot PLan 1002 20324 0007 FiLm 3821N1A0001 Group I 161/120/The VauLt RRDESTY...RR061 .City of Tamecuts Page 4 05/18/1994 Files Ready for DestructiQn 10:25:32 D~' item Rat. File Reference # Storage Nedia ~ / Date ' Ref. Brief Description Code Security CLass Storage Location Location Reference 161 09/02/1987 10142 PLot PLan 10142 20324 0007 Film 3821N140001 Group i 161/120/The Vault 161 09/08/1987 10081 PLot PLan 10081 2032/* 0007 Film 3821N140001 Group I 161/120rrhe Vault 161 09/08/1987 10179 Plot Plan 10179 2032/* 0007 Film 3821N140001 · Group I 161/120/The Vault 161 09/10/1987 10088 PLot PLan 10088 2032/, 0007 Film 3821N140001 Group I 161/120rrhe Vault 161 09/11/1987 10118 PLot PLan 10118 2032/* 0007 Film 3821N140001 Group I 161/120/The Vault 161 09/lz~/1987 10112 PLot PLan 10112 2032/* 0007 Film 3821N140001 Group I 161/120/The Vault 161 09/15/1987 1011/* PLot PLan 1011/* 2032/* 0007 Film :3821M140001 Group I 161/120/The Vault 161 09/15/1987 10182 PLot PLan 10182 262/* 0007 Film 3821N140001 Group ! 161/120/The Vault I 09/17/1987 10122 PLot PLan 10122 20324 0007 Film 3821N140001 Grot4~ I 161/120/The Vault 161 09/18/1987 10121 PLot Plan 10121 20324 0007 FILm 3821N140001 Group I 161/120rrhe Vault 161 09/18/1987 101~4 PLot PLan 101/.4 20324 0007 Film 3821N140001 Group I 161/120/The Vault 161 09/22/1987 10131 PLot PLan 10131 20324 0007 FILm 3821N140001 Group I 161/120/The Vault 161 09/22/1987 10203 PLot PLan 10203 2032/* 0007 FILm 3821N140001 Group I 161/120/The Vault 161 09/28/1987 10206 PLot Plan 10206 2032/* 0007 Film 3821N140001 Group I 161/120/The Vault 161 09130/1987 10143 PLot PLan 101/.3 2032/* 0007 Film 3821M140001 ' 'Group I 161/120/The Vault 161 09/30/1987 101/.5 PLot PLan 10145 20324 0007 Film 3821M140001 Group I 161/120/The Vault 161 09/30/1987 10177 PLot PLan 10177 2032/* 0007 FILm 3821M140001 Group i 161/120rrhe Vault 161' 10/05/1987 10161 PLot PLan 10161 2032/* 0007 Film 3821M140001 Group Z 161/120/The Vault RRDESTY...BBQ61 City of Teemcalm Page S 05/18/1994 Files Reedy for DestreK:Lion 10:25:32 D~. Item Rat. File Reference # Storage Media Ref. Date Ref. Brief Description Code Security CLass Storage Location Location Refel 161 10/05/1987 10218 PLot PLan 10218 20324 0007 FILm 3821HIAOOO1 Group ! 161/120rrhe Vault 161 10/06/1987 10172 PLot PLan 10172 20324 0007 FILm 3821HIAO001 Group ! 161/120/The Vault · 161 10/06/1987 10205 PLot PLan 10205 20324 0007 Film 3821H1AO001 Group I 161/120/The Vault 161 10/07/1987 10230 PLot PLan 10230 20324 0007 Film 3821H1AO001 · Grot4~ i 161/120/The Vault 161 10/09/1987 10169 PLot PLan 10169 20324 0007 Film' 3821H1AO001 Group ! 161/120/The Vault 161 10/09/1987 10171 PLot PLan 10171 20324 0007 Film 3821H1AO001 Group i 161/12Q/The Vault 161 10/12/1957 10215 PLot PLan 10215 20324 0007 Film 3821H1AO001 Group I 161/120/The Vault 161 10/13/1987 10176 PLot PLan 10176 20)24 0007 Film 3821H1AO001 Group Z 161/120/The Vault 161 10/14/1987 10196 PLot PLan 10196 20324 0007 Film 3821H1AO001 Group i 161/120/The Vault 161 10/15/1987 10227 PLot PLan 10227 20324 0007 Film 3821H1AO001 Group Z 161/120/The Vault 161 10/2011987 101~ PLot PLan 101~ 2~24 0007 Film 3821H1AO001 Group I 161/120/The Vault 161 10/20/1987 10178 PLot PLan 10178 20324 0007 Film 3821HIAO001 Group ! 161/120/The Vault 161 10/20/1987 10229 PLot PLan 10229 2~24 0007 Film 3821H1AO001 Group I 161/120/The Vault 161 10/21/1987 10235 PLot PLan 10235 20324 0007 Film 3821N1AO001 Group ! 161/120/The Vault ............ : ..................................................... 161 10/22/1987 10232 PLot PLan 10232 20324 0007 Film 3821HIAO001 GYoup ! 161/120/The Vault 161 10122/1987 10234 PLot PLan 10Z3~ 20324 0007 Film 3821H1AO001 Group i 161/120/The Vault 161 10123/1987 9~23 PLot PLan 9923 20324 0006 Film 3821H1AO001 Group i 161/120/The Vault 161' 10/26/1987 10243 PLot PLan 10243 ' 20324 0007 Film 3821H1AO001 Group i 161/120/The Vault RRDESTY...RR061 City of TemecuLa Page 6 05/18/1994 Files Ready for Destruction 10:25:32 D~ item Ret. File Reference # Storage Media R~ Date Ref. Brief Description Code Security CLass Storage Location Location Reference 161 10/31/1987 101~ PLot PLan 10174 20324 OOO7 FiLm 3821N1AOQO1 Group i 161/120/The VauLt ............................................................... ~ . . 161 11/03/1987 10242 PLot PLan 10242 20:324 0007 FiLE 3821H1A0001 Group I 161/120/The Vault 161 11/04/1987 10293 PLot PLan 10293 20324 0007 Film 3821~1A0001 Group I 161/120/The Vault 161 1111011987 10274 PLot PLan 10274 20324 0007 FiLm 3821N1AO001 Groin) ] 161/120/The VauLt 161 11/18/1987 10283 PLot PLan 10283 20324 QQQ7 FiLm 3821H1AQOQ1 Group i 161/120/The VauLt 161 12/07/1987 10278 PLot PLan 10278 20324 OQ07 FiLm 3821N1AO001 Group [ 161/120/The VauLt 161 12/08/1987 10288 PLot PLan 10288 20324 QO0? FiLm 3821NlAQOQ1 Group ! 161/120/The VauLt 161 12/09/1987 10287 PLot PLan 10287 20324 0007 Film 3821H1AO001 Group ! 161/12Q/The Vault 1~ ,2/17/1987 10298 PLot PLan 10298 20324 0007 Film 3821N1AO001 Group i 161/120rrhe Vault 161 12/9/1987 10296 PLot PLan 10296 20324 0007 Film 3821N1AO001 Group ] 161/120rrhe Vault 161 01/22/1988 47 PLot PLan 47 20324 0005 Film 3821NIAO001 Group I 161/120/The Vault 161 03/21/1989 10096 PLot PLan 10096 20324 ~007 Film 3821N1AOO01 Group Z 161/120/The Vault 161 12/22/1989 10054 Plot Plan 10054 20324 0006 Film 3821H1AOOO1 Group X 161/120/The Vault 161 ~/21/1990 26 Plot PLan 26 20324 0005 Film 3821NIAO001 Group i 161/120/The VauLt 161 03/26/19~0 33 PLot PLan 33 20324 0005 FILm 3821HIAOO01 ~roup I 161/120/The Vault 161 04/05/1F~0 11 PLot PLan 11 20324 0005 Film 3821NIAOOO1 Group [ 161/120/The Vault 161 04/05/1~0 12 PLot PLan 12 20324 0005 Film 3821H1AO001 Group I 161/120/The Vault 161' 04/20/1~0 13 PLot PLan 13 20)24 0005 Film 3821MIAOOO1 Group ] 161/120/The Vault RRDESTY...RR061 CtCy of Tamecalm Page 7 05/18/1994 FiLes Ready for Destruction 10:25:32 Doc, item Ret, File Reference # Storage Media Ref, Date Ref, Brief Description Code Security CLass Storage Location Location Reft 161 ~/20/1990 28 PLot PLan 28 20326 QOO5 Film 3821NIAOOO1 Group i 161/120/The Vault 161 04/26/1990 14 PLot PLan 16 20326 0005 Film 3821H1AO001 Group i 161/12Q/The Vault 161 04/26/1990 21 PLot PLan 21 20326 0005 Film 3821H1AOO0~ Group Z 161/12Q/The Vault 161 04/27/1990 15 PLot PLan 15 20326 0005 Film 3821H1AO001 Group i 161/120/The Vault 161 04/27/19~0 16 PLot PLan 16 20326 0005 FILm 3821N1AOOO1 Group I 161/120/The Vault 161 0412711990 17 PLot Plan 17 20324 0005 Film 3821M1AO001 Group I 161/120/The Vault 161 05/04/1990 25 PLot PLan 25 20324 0005 Film 3821M1AO001 Group I 161/120/The Vault 161 05/04/1990 27 PLot PLan 27 20324 0005 Film 3821N1AO001 Group i 161/120/The Vault 161 05/05/1990 61 PLot PLan 61 20324 0006 Film 3821N1AQO01 Group [ 161/120/The Vault 161 05/08/1990 35 PLot PLan 35 20326 0005 Film 3821N1AO001 Group i 161/12Q/The Vault 161 05/11/1990 31 PLot PLan 31 20324 0005 Film 3821N1AOO01 Group i 161/120/The Vault 161 05/14/1990. 36 PLot PLan 36 20324 0005 Film 3821M1AQO01 Group I 161/120/The Vault 161 05/16/19990 ~ PLot PLan~4 20324 0005 Film 3821N1AQO01 Group i 161/120/The Vault 161 05/18/1990 39 PLot PLan 39 20324 0005 Film 3821N1AO001 Group i 161/120/The Vault ............ ; ..................................................... 161 05/9/1990 45 PLot PLan 45 20324 0005 Film 3821N1AO001 ~roup i 161/120/The Vault ......... ; ........................................................ 161 05/9/1990 46 PLot PLan 66 20326 0005 FiLE 3821N1AOOO1 Group I 161/120/The Vault 161 05/25/1990 42 PLot PLan 62 20326 0005 FiLE 3821NIAO001 Group i 161/120/The Vault 161' 05/25/1990 63 PLot PLan 63 20324 0005 Film 3821N1AOOOl Group i 161/120/The Vault RRDESTY...RRQ61 City of TamecaLm Page 8 05/18/1996 FiLes Reedy for Destruction 10:25:32 Doc~ Item Ret. FiLe Reference # Storage Media Re'l Date Ref. Brief Description Code Security CLass Storage Location Location Reference 161 05/25/1990 68 PLot PLan68 20326 QOQ5 FILm 3821NIAQOOl Group I 161/12Q/The VauLt ............................................................... ;.. 161 05/25/1990 69 PLot PLan 69 20326 0005 FiLm 3821NIAO001 Group I 161/120/The VauLt ....................... ; .......................................... 161 05/29/1990 51 PLot PLan 51 20326 0005 FiLm 3821H1AO001 Group I 161/120/The VauLt 161 05/29/19~0 58 PLot PLan 58 20326 0006 FiLm 3821HIAO001 Group I 161/120/The VauLt 161 05/31/1990 1183 PLot PLan 20326 000200011361 FiLm 3821N1AO001 Group i 161/120/The VauLt 161 05/31/1990 1186 PLot PLan 20326 000200011372 FiLm 3821HIAO001 Group i 161/120/The VauLt 161 05/31/1990 53 PLot PLan 53 20326 0005 FiLm 3821N1AO001 Group I 161/120/The VauLt 161 06/01/1990 52 PLot PLan 52 20326 0005 FiLm 3821NIAO001 Group ! 161/120/The VauLt 16', ~/05/1990 123 PLot PLan 123 20326 0006 FiLm 3821N1AO001 Group I 161/120/The VauLt 161 06/05/1990 62 PLot PLan 62 20326 0006 FiLm 3821N1AO001 Group I 161/120/The VauLt 161 06/05/lc~'0 63 PLot PLan 63 20326 0006 FiLm 3821H1AO001 Group I 161/120/The VauLt ..., ...... ; ....................................................... 161 06/05/19~0 92 PLot PLan 92 · 20326 0006 FiLm 3821N1AO001 Group [ 161/120/The VauLt 161 06/06/1990 8~ PLot PLan 8~ 20326 0006 FILm 3821HIAO001 Group I 161/120/The VauLt 161 06/06/19~0 85 PLot PLan 85 20326 0006 FiLm 3821NIAO001 Group Z 161/120/The VauLt ............ : ..................................................... 161 06/07/1990 56 PLot PLan 56 20326 0005 FiLm 3821N1AO001 - Group Z 161/120/The VauLt 161 06/08/1990 126 PLot PLan 126 20326 0006 FiLm 3821NIAO001 Groq~ ! 161/120/The VauLt 161 06/08/1990 56 PLot PLan 56 20326 0005 FiLm 3821NIAO001 Group I 161/120/The VauLt 161' 06/08/1990 59 PLot PLan 59 20324 0006 FiLm :3821X1AO001 . Group ! 161/120/The VauLt RRDESTY...RR061 City of Teamcute Page 9 05/18/199/* FiLes Ready for Destruction 10:25:32 Date ire. Rat. FILe Reference # Storage Neclia Ref. Brief Description Code Security CLass Storage Location Location Refer 161 06/08/1990 60 PLot PLan 60 2032/* 0006 Film 3821NIAOO01 Group I 161/120/The Vault 161 06/08/1990 86 PLot PLan 86 2032/, 0006 Film 3821NIAOO01 Group I 161/120/The Vault 161 06/12/1990 88 PLot PLan 88 20~2/* 0006 Film 3821N1AO001 Group ] 161/120/The Vault 161 06/15/1990 6~ PLot PLan 6~ 2032/* 0006 Film 3821N1AO001 Group i 161/120/The Vault 161 06/17/1990 100 PLot PLan 100 2032/* 0006 Film 3821N1AO001 Group i 161/120/The Vault 161 06/22/1990 70 PLot PLan 70 2032/* 0006 FiLm 3821N1A0001 Group I 161/120/The Vault 161 06/22/1990 71 PLot PLan 71 20~2/* 0006 Film 3821H1A0001 Group ! 161/120/The Vault 161 0612211990 73 PLot PLan 75 2032/* 0006 Film 3821N1AO001 Group i 161/120/The Vault 161 06/29/1990 75 PLot PLan 75 2032/* 0006 FiLm 3821NIAO001 Group i 161/120/The Vault 161 0612911990 77 PLot PLan 77 2032/* 0006 Film 3821NIAO001 Group I 161/1201The Vault 161 06/29/1990 79 PLot PLan 79 2032/* 0006 FiLm 3821H1AQO01 Group i 161/12Q/The Vault 161 07/03/1990 81 PLot PLan 81 , 2032/* 0006 Film 3821NIA0001 Group i 161/120/The Vault 161 07/06/1990 89 PLot PLan 89 2032/* 0006 FiLm 3821NIA0001 Group i 161/120/The Vault 161 07/06/1990 98 Plot PLan 98 2032/* 0006 Film 3821N1A0001 Group I 161/120/The Vault 161 07/12/19~0 93 PLot PLan 03 2032/, 0006 Film 3821N1AO001 ~roup i 161/120/The Vault 161 07/13/1990 96 PLot PLan 96 2032/, 00136 FiLm 3821N1AO001 GroLF i 161/12Q/The VauLt 07/1611990 97 PLot PLan 97 2032/* 0006 Film 3821N1A0001 Group i 161/120rrhe Vault 07/17/1990 101 PLot PLan 101 2032/, 0006 FILm 3821N1AOOO1 Group I 161/120rrhe VauLt RRDESTY...RR061 City of Temecuta Page 10 05/18/1994 FiLes Ready for Destruction 10:25:32 Dot- Item Rat. FiLe Reference # Storage Nedia R Date Ref. Brief Description Code. Security CLass Storage Location Location Reference 161 0~19/1990 102 PLot PLan 102 20~24 0006 FILm 3821N1AO001 GroW> ! 161/120/The Vault 161 07/19/1990 103 PLot PLan 103 20324 0006 Film 3821N1AO001 Group i 161/120/The Vault 161 0~19/1990 104 PLot PLan 10~ 20324 0006 Film 3821NIAO001 'Group ! 161/120/The Vault 161 0~20/1990 105A PLot PLan 105A 20324 0006 FitB 3821N1AO001 Group Z 161/120iTheVautt ................................. ~ ................................. 161 08/01/1990 113 PLot PLan 113 20324 0006 Film 3821N1AO001 Group i 161/120/The Vault 161 08/01/1990 114 PLot PLan 114 20324 0006 Film 3821N1AO001 Group i 161/120/The Vault 161 08/06/1990 115 PLot PLan 115 2~24 0006 Film 3821N1AO001 Group ! 161/120/The VauLt 161 08/09/1990 121 PLot'PLan 121 20324 0006 Film 3821N1AO001 Group ! 161/120/The Vault 1 38/10/1990 208 PLot PLan 208 20324 0006 Film 3821N1AO001 Group I 161/120/The Vault 161 08/14/1990 127 PLot PLan 127 20324 0006 Film 3821M1AO001 Group I 161/120/The Vault 161 08/14/1990 154 PLot PLan 154 20324 0006 Film 3821N1AO001 Group I 161/120/The Vault 161 '08/14/1990 41 PLot Plan 41 20324 0005 Film 3821NIAO001 Group L 161/120/The Vault 161 08/16/1990 131 PLot PLan 131 20324 0006 Film 3821N1AO001 Groq~ i 161/120/The Vault 161 08/20/1990 133 PLot PLan'133 20324 0006 Film 3821NIAO001 Group ] 161/120/The Vault 161 08/22/1990. 137 PLot PLan 137 20324 0006 Film 3821N1AO001 ~Group I 161/120/The Vault 161 08/24/1990 145 PLot PLan 145 20324 0006 Film 3821N1AO001 Group ! 161/120/The Vault 161 08/27/1990 147 PLot PLan 147 20324 0006 Film 3821NtAO001 Group I 161/120/The Vault 16~ 08/27/1990 148 PLot PLan 148 20324 0006 Film 3821N1AO001 Group [ 161/120/The VauLt RRDESTY...RR061 City of Tametufa Page 11 05/18/1996 FiLes Ready for Destruction 10:25:32 Doc. item Ret. FiLe Reference # Storage Hedia ~-~ Ref. Date Ref. Brief DeSCription Code Security CLass Storage Location Location Reft : 161 09/05/1990 159 PLot PLan 159 20326 0006 Film 3821H1AO001 Groq~ i 161/12Q/The Vault ............................................................... ; . . 161 09/16/1990 16~ PLot PLan 16/, 20326 0006 FiLm 3821H1AO001 Group i 161/120/The Vault · 161 09/20/1990 168 PLot Plan 168 20326 0006 Film 3821N1AO001 Group I 161/120/The Vault 161 09/20/19990 169 PLot PLan 169 20326 0006 Film 3821N1AO001 Group i 161/120/The Vault 161 09/20/1990 172 PLot PLan 172 20326 0006 Fiom 3821H1AO001 Group i 161/120/The Vault 161 09/20/1990 174 PLot PLan 176 20326 0006 Film 3821N1AOQ01 Group I 161/120/The Vault 161 09/20/1990 175 PLot PLan 175 20326 0006 Film 3821H1AO001 Group ! 161/120/The Vault i61 09/28/1990 177 PLot PLan 177 20326 0006 Film 3821M1AO001 Group Z 161/120/The Vault 161 10/01/1990 178 PLot Plan 178 20326 0006 Film 3821H1AO001 Group I 161/120/The Vault 161 10/02/1990 180 PLot PLan 180 20326 0006 Film 3821N1AO001 Group I 161/120/The Vault 161 10/02/1990 181 PLot Plan 181 20326 0006 Film 3821N1AO001 Group I 161/120/The Vault 161 10/11/1990 18~ PLot PLan 18~ 20326 0006 Film 3821N1AO001 Group ] 161/120/The Vault 161 10/11/1990 185 PLot PLan 185 20326 0006 Film 3821N1AO001 Group I 161/120/The Vault 161 10/15/1990 191 PLot PLan 191 20326 0006 Film )821NIAOO01 Group Z 161/120/The Vault 161 !0/18/1990 198 PLot PLan 198 20326 0006 Film 3821N1AO001 ~ ~roup I 161/120/The Vault 161 10/22/1990 203 PLot PLan 203 20324 0006 Film 3821N1AO001 Group I 161/120/The Vault 161 10/23/1990 205 PLot PLan 205 20326 0006 Film 3821N1AO001 -- Group [ 161/120/The VauLt 161 10/25/1990 212 PLot PLan 212 20326 0006 Film 3821H1AO001 Group I 161/120/The VauLt RRDESTY...RR061 City of Tamecull Page 12 05/18/199~ Files Ready for Destruction 10:25:32 Do- Item Rat. File Reference # Storage Nedia R~ ~ Date Ref. Brief Description Code Security CLass Storage Location Location Reference 161 10/~0/1990 214 Plot PLan 21~ 20~24 0006 Film 3821N1AO001 Group ] 161/120/The Vault 161 10/30/1990 215 PLot PLan 215 20~24 O00& Film ~821N1AO001 Group I 16111ZOIThe Vault 161 1110711990 222 PLot PLan 222 2032~ 0006 Film 3821NIAO001 Group I 161/120/The Vault 161 11/08/1990 6353 PLot PLan (~53 20324 0003 Film 3821N1AO001 Group I 161/120/The Vault ....................... - ......... ; ................................ 161 11/20/19~0 9955 PLot PLan 9955 20324 000~ Film 3821141A0001 Group i 161/120/The Vault 161 1Z10711990 40 PLot PLan 40 20324 0005 Film 3821N1AOO01 Group I 161/120/The Vault 20~ Records Processed RRDESTY...RRQ61 C|ty of Tee~-uta Do¢. Ref ......... 161 Page 1 05/18/199/, FiLes Reedy for. Destruction Retention Code... 20310 10:32:58 Dest~tion Date. 05/01/199~, Ooc. Item eeL. FiLe Reference # Storage Nedis , Ref. Date Ref. Brief Description Code Security CLass Storage Location Location Rare, 161 10/17/1~90 196 Administrative PLot PLea 20310 00010001143~ FiLm 3821M1AO001 Group I 161/120/The VauLt ................................................................ :.. 161 11/28/1~0 26 PLot PLan 26 20310 0006 FJLB 3821M1AOO01 Group I 161/120/The VauLt 2 Records Processed ITEM:. NO. 6 APPRO~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: (~,~ DATE: City Manager/City Council Shawn D. Nelson', Director of Community Services June 14, 1994 SUBJECT: Capital Improvement Project - Rancho California Sports Park Desiltation Lake Improvement Project PREPARED BY:/~',~,/~Hahyllis L. Ruse, Senior Management Analyst RECOMMENDATION: That the City Council: Approve Amendment #1 for $12,000 to the design contract with J.F. Davidson Associates, Inc. for preparation of a biological study and analysis. Appropriate $12,000 to Capital Projects Account No. 210-190-138-5802 and approve an operating transfer from Development Impact Fund of $12,000, establishing the Rancho California Desiltation Lake Improvement Project. BACKGROUND: On February 8, 1994, the City Council awarded a contract to J.F. Davidson Associates for preliminary engineering services and preparation of schematic design drawings for improvements to the desilting lake in the Rancho California Sports Park. In the course of their investigation, the consultant and staff have met with a representative from the State Department of Fish and Game. A biological study and analysis of the site is necessary to determine the types and nature of the various habitats and species that may be impacted by the improvement project. This study will assist in documenting any mitigation provisions required by the project. Finally, the study is necessary for the consultant to complete an accurate construction cost estimate. The City Council originally allocated $25,000 from General Fund for this project in fiscal year 1992/93. A hydrolog'y study was completed for $6,000 and $18,500 is currently being used for the design services contract. Therefore, additional funds need to be appropriated to complete this study. .. FISCAL IMPACT: Cost of amendment #1 to the design services contract for the biological study is $12,000, making the total cost of design services for Phase I of the project $30,500. It is requested that $12,000 be appropriated from the Capital Projects Account to fund this contract. Attachment: Amendment #1 to Design Contract r:~c~mgend.ms~trdlmke.ci~ 0626~4 AMENDMENT NO. 01 TO CONTRACT ORDER NO. 15225 Rancho California Desiltation Lake Improvement Project May 16. 1994 The Agreement dated February 8. 1994 between the City of Temecula and J.F. Davidson Associates. Inc., (hereinafter referred to as "Agreement"), is hereby amended as follows: Re: ADDITIONAL SERVICES Section I Scope of Work is hereby amended to include additional services as described in Exhibit "A" (attached). Compensation for these additional services is a not to exceed $12,000 to be paid in one (1) lump sum following completion of said service. Section 2 All other terms and conditions of the Agreement shall remain the same. The parties hereto have executed this Amendment on the date and year above written. CONSULTANT CITY OF TEMECULA By: By: Ron Roberts, Mayor APPROVED AS TO FORM: Peter M. Thorson, C::ity Attorney ATTEST: June S. Greek, City Clerk v:mmendbao.jfd 061304 JFD bHTARIO 9699447761 P,'82 Exhibit "A". pRINCipEANDASSOCIATES CONSULTING BIOLOGISTS April 14, 1994 39445 Avertida Bizaro Murrieta, California 92562 (909) 677--9514 George E. Prine, Jr. Office Manager principal Engineer J. F. DAVIDSON ASSOCIATES, INC. Temecula Valley Regional Office 27349 Jefferson Avenue Suite 115 Temecula, California 92590 Subj sot: City of Temecula Sports Park Lake Desiltation Project Biological Impact Report and Restoration Plan Dear George, Thank you for selecting Principe and Associates to prepare the Biological Impact Report and Restoration Plan for the City's Lake Desiltation Project. I did contact the California Department of Fish and Game for their concerns over the proposed project, and they concur with the following'ScoPe of work: Baseline Data Biological Gathering Consultation will be made with others, 'existing Biological Impact Reports submitted to the city and County for projects located in the immediate'vicinitY of the subject site and previously prepared Environmental Impact Reports, scientific studies, technical reports and bulletins, reference books, and etc. The U.S. Fish and Wildlife Service's Federal Register, the California Department of Fish and Game's Natural Diversi~y Data Base Species/CommunitY Location SummaryReports (Bachelor Mountain, Pechanga and Temecula, California Quadrangles) and the City of Temecula General Plan Environmental Impact Report (Tables 9, 10 and 11) will be consulted during the preparation of this report for a listing of the Federal and State Sensitive Plant and Animal Species and Communities presumed extant in the general vicinity of the site. with.the highest probability of occurring onsite.' George E. prine, Jr. J. F. DAVIDSON ASSOCIATES, INC. April '14, 1994 Page 2 Sensitive Species are defined as any unique, rare, endangered, or threatened species. It.includes species used to delineate wetlands and riparian corridors. It includes any host plants, plant species used for perching or focd plants used by any animals listed as rare, endangered or threatened- It also includes candidate species listed by either State or Federal regulations, or species listed by the Natural Diversity Data Base for Riverside County. Plant and Animal field surveys will be conducted during the months of April and May 1994. Field work will be undertaken during morning, afternoon, and evening hours. Transects will be walked and repeated, and cover the entire surface of the site. Field glasses and stationary, concealed positioning techniques will be used to observe wildlife, and careful attention will be paid to animal sign. All Sensitive Species will be extensively searched for in their natural habitats occurring on the site, including Federal listed species such as the Slender-horned spineflower (Endangered), Stephens' kangaroo rat (Endangered), the Coastal California gnatcatcher (Threatened), and Least Bell's vireo (Endangered)- Field surveys will also be undertaken in and around the lake environment- The results of all the field surveys will be presented in a format that describes each onsite natural community on the basis of its vegetation and habitat quality- All wildlife observed on the site will also be described. The onsite occurrence probability/imPact on Sensitive Species will be presented in a separate section- Biological Resources Mapping Mapping of the distribution of plant species occurring on the site, and their relationship to the development proposal will be undertaken- The most recent map is to be used. Mapping will be done on full-sized copies of the Conceptual plan. The extent of each plant association or habitat type on the property will be shown in acreS. If applicable the exact location of Sensitive Species, appropriate buffer areas and the boundaries of mitigation proposals will be shown on the map. Also shown on the map will be (if any) transects and any the location of sample points.. , additional areas surveyed in the vicinity of the project (if appropriate)- ~F~ ONTARIO 9~9944776Z George ~- Prine, Jr- J. p. DAVIDSON ASSOCIATE~, INC- April 14, 1994, Page 3 Impact Evaluation and Mitigation MeasUres All direct and indirect impacts of the proposed project will be listed, including an evaluation of impacts to threatened, rare, endangered, or unique species- All £easible mitigation measures proposed to reduce or eliminate significant impacts will be listed. Mitigation measures regarding the protection of signi[icant resources will be accompanied by a map. Restoration Planning The first step in developing the Restoration Plan will be to clearly identify the kinds of Natural Communities that will be augmented, established or maintained in their existing condition (i.e., Lakeside Woodland, Streamside RIparian, Coastal Scrub, etc.). Because the earth moving activities required to remove the silt from the lake involves the use of heavy equipment, a congtruction zone will be established in an area of the site where a minimum o[ impact on existing biological resources will occur- Similar zones will also be established in areas where revegetation activities will take place- Construction zones can vary from a simple tagging of individual specimens to be p~eserved in place to establishing a physical boundary around an area to be protected from encroachment. With the speci[ic Natural Communities identified for restoration, a list of plant species required to augment a marginal habitat, establish anew habitatOr maintain a new habitat will be prepared. The number of plants on an acre or square foot basis required..for the success of each habitat will also be given. And based on these numbers, an estimate of plant material costs will be prepared- Local nursery stock will be the basis fort his estimate. Finally, appropriate components of the Restoration Plan will be graphically shown on one o= more plan maps. Meetings It is anticipated that attendanGe at four (4) meetings with the City of Temecula and its pro~ect committee, the Cali[ornta Department of Fish and Game and J- F. David~on and Associates will be required during the course of the work program- Required attendance at additional.meetings will be billed at $200.00 per meeting. George E. Prine, Jr. J. F. DAVIDSON ASSOCIATES, INC. April 14, 1994 Page 4 General In terms of scheduling, the Biological Impact Report and Restoration Plan will take [ourteen (14) weeks to complete. [ield surveys will consume approximately six (6) weeks, due to Seneitlve Species study requirements, with the remainder of the Biological Impact Report completed' in an additional two (2) weeks. The remaining six (6) weeks of the work program will be devoted to preparing the Restoration Plan, with time allotted for agency input and review. At the completion of the work program and upon final payment to principe and Associates by J- F. Davidson and Associates, ten (10) bound copies o[ the Biological Impact Report and Restoration Plan will be delivered to J- [- Davidson and Associates for distribution- Not included in this Scope of Work and Cost proposal are additional items not described herein, alternative restoration plans, tagging specimens, establishing protected zones, nor any operations or revegetation monitoring that may be requested of the Consulting Biologist. These items will be covered in a separate agreement or agreements- The Cost proposal prepared for this project is enclosed. The not- to-exceed total price includes all professional Time fees and Associated Expenses that will be incurred in the preparation o[ the Biological Impact Report and Restoration Plan, and thereafter during. the response~ to comments period until the Report and plan are found to be complete and adequate by the city of Temecula. Thank you for your attention to the above-mentioned matters- If you have anyquestions, please call me at (909) 677-9514- Work can begin immediately after we enter into a standard professional Services Agreement (or sub-contractor's agreement)- Sincerely, pRINCIPEAND ASSOCIATES Paul A. Principe principal PAP/bp Enclosure JF]~ ONTARXO 909944~"F61 ...... P.~5' 13RINCIPE~ND~80~ CONSULTING BIOLOGISTS 39445 Avenida Bizaro Murrieta, California 92562 (909) 677-9514 COST PROPOSAL J. F. DAVIDSON ASSOCIATES, INC. Date: April 1994 Temecula Valley Regional Office Proposal NO.: DESILT-1 27349 Jefferson Avenue, Suite 115 Temecula, Californla 92590 Project: City of Temecula Sports Park Lake Desiltation Project Biological Impact Report and Restoration Plan professional Services Rendered: Professional Time Baseline Biological Data Gathering Plant and Animal Field Surveys (General) Focused Sensitive Species Studies Lake Studies Results Biological Resources Mapping Impact Evaluation (General) Impacts to Sensitive Species Mitigation Measures (General) Restoration Planning Identification of Natural Communities Silt Removal and Revegetation Recommendations Listtng byNumber of Plant Species by Habitat Estimate of plant'Materials Cost. Plan Mapping Meetings (4) Subtotal 800.00 1,600.00 800.00 800.00 800.00 400.00 800.00 400.00 400.00 400.00 1,600.00 .1,200.00 800.00 800.00 $11.600-00 Associated EXpenses Travel Word Processing Reprographics (10 bound reports) Subtotal 100.00 200.00 100.00 $ 400.0Q TOTAL AMOUNT OF THIS COST PROPOSAL AMENDMENT NO. 01 TO CONTRACT ORDER NO. 15225 Rancho California Deailtation Lake Improvement Project May 16. 1994 The Agreement dated February 8. 1994 between the City of Temecula and J.F. Davidson Associates. Inc., (hereinafter referred to as "Agreement"), is hereby amended as follows: Re: ADDITIONAL SERVICES Section 1 Scope of Work is hereby amended to include additional services as described in Exhibit "A" (attached). Compensation for these additional services is a not to exceed $12,000 to be paid in one (1) lump sum following completion of said service. Section 2 All other terms and conditions of the Agreement shall remain the same. The parties hereto have executed this Amendment on the date and year above written. CONSULTANT By: By: CITY OF TEMECULA Ron Roberts, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: June S.-Greek, City Clerk v:amendbio.jfd 061394 JFD OHTARXO 9899447761 P,82 Exhibit "A" pRIBCXPE/~WD~SSOCIA~'E-~ CONSULTING BIOLOGISTS 39445 Ivanida Bizaro Hurrie~, California 92562 (909) 677-9514 April 14, 1994 George X. 1>fine, Jr. office Manager Principal Engineer J. F. DAVYDSONASSOCIATES~ I~C. Temecula Valley Regional Office 27349 Jefferson Avenue Suite 115 Temecula, california 92590 Subject: City of Temecula Sports Park. Lake Desiltation Project Biological Impact Report and Restoration Plan Dear George, Thank you for selecting Principe and Associates to prepare the Biological Impact Report and Restoration Plan for the City's Lake Desiltation Project. I did contact the California Department of Fish and Game for their concerns over the proposed project, and they concur with the following Scqpe of work: BaselAne Data Biological Gathering Consultation will be made with others, 'existing Biological Impact Reports submitted to the city and County for projects located in the immediatQ vicinity of the subject site and previously prepared Environmental'Impact Reports, scientific studies, technical reports and bulletins, reference books, and etc. The U.S. Fish and Wildlife Service's Federal Register, the California Department of Fish and Uame's Natural Diversity Data Base Species/CommunitY Location SummaryReports (Bachelor Mountain, Pechanga and Temecula, california Quadrangles) and the City of Temecula General Plan Environmental Impact Report (Tables 9, 10 and 11) will be consulted during the preparation of this report for a listing of the Federal and State Sensitive Plant and Animal Species and Communities presumed extant in the general vicinity of the site with the highest probability of occurring onsite. ~FD OHTRRXO 9e99447761 P,e~ George E. Prine, Jr. J. F. DAVIDsON ASSOCIATES, INC. April 14, 1994 Page 2 Sensitive Species are defined as any unique, rare, endangered, or threatened species. It includes species used to delineate wetlands and riparian corridors. It includes anY host plants, plant species used for perching or food plants used by any animals listed as rare, endangered or threatened. It alsoincludes candidate species listed byeither State or Federal regulations, or species listed by the Natural Diversity Data Base for Riverside County. Plant andAnimal field surveys will be conducted during the months of April and May 1994. Field work will be undertaken during morning, afternoon, and evening hours. Transects will be walked and repeated, and cover the e~tire surface of the site. Field glasses and stationary, concealed positioninS techniques will be used to observe wildlife, and careful attention will be paid to animal sign. All Sensitive Species will be extenslvely searched for in their natural habitats occurring on the site, including Federal listed species such as the Slender-horned spineflower (Endangered), stephens' kangaroo rat (Endangered), the Coastal California gnatcatcher (Threatened), and Least Bell's vireo (Endangered)- Field surveys will also be undertaken in and around the lake environment. The results of all the field surveys will be presented in a format that describes each onsite natural community on the basis of its vegetation and habitat quality- All wildlife observed on the site will also be described. The onsite occurrence probability/impact on Sensitive Species will be presented in a separate section- Biological Resources Mapping Mapping of the distribution of plant species occurring on the site, and their relationship to the development proposal will be undertaken. The most recent map is to be used. Mapping will be done on fullTsized copies of the Conceptual Plan. The extent of each plant association or habitat type on the property will be shown in acrds. If applicable, the exact location of Sensitive Species, appropriate buffer areas and the boundaries of mitigation proposals will be shown on the map- Also shown on the map will be the location of sample points. (if any), transects and any additional areas surveyed in the vicinity of the project (if appropriate)- ~F~ ONT~RZO 9e99447761 Poe4 George ~. Prine, Jr- J. F- DAVIDSON ASSOCIATES, INC- April 14, 1994 Page 3 Impa~t Evaluation a~dMitigation Measures All direct and indirect impacts of the proposed project will be listed, including an evaluation of impacts to threatened, rare, endangered, or unique species- All feasible mitigation measures proposed to reduce or eliminate significant impacts will be listed- Mitigation measures regarding '.the protection of signiTioant resources will be accompanied by a map. Restoration Planning The first step in developing the Restoration Plan will be to clearly identify the kinds of Natural Communities that will .be augmented, established or maintained in their existing condition (i.e., Lakeside Woodland, Streamside Riparian, Coastal Scrub, etc.). Because the earth moving activities required to remove the silt from the lake involves the use of heavy equipment, a construction zone will be established in an area of the site where a minimum of impact on existing biological resources will occur. Similar zones will also be established in areas where revegetation activities will take place- Construction zones can vary from a simple tagging of individual specimens to be preserved in place to establishing a physical boundary around an area to be protected from encroachment. With the specific Natural Communities identified for restoration, a list of plant species required to augment a marginal habitat, establish a new habitat or maintain a new habitat will be prepared. The number of plants on an acre or square foot basis required for the success of each habitat will also be given- And based on these numbers, an estimate of plant material costs will be prepared. Local nursery stock will be the basis for this estimate. Finally, appropriate components of the Restoration Plan will be graphically shown on one or more plan maps. Meetings It is anticipated that attendance at four (4) meetings with the City of Temecula and its project committee, the California Department of Fish and Game and J. F- Davidson and Associates will be required during the course of the work program. Required attendance at additional. meetings will be billed at $200.00 per meeting. JF~ ONT~RXO 9~9944776X P.~6 George E. Prime, Jr. J. F. DAVIDSON ASSOCIATES, INC. April 14, 1994 Page 4 General In terms of scheduling, the Biological Impact Report and Restoration Plan will take £ourteen (14) weeks to complete. Field surveys will consume approximately six (6) weeks, due to Sensitive Species study requirements, with the remainder of the Biological Impact Report completed' in an additional two (2) weeks. The remaining six (6) weeks of the work program will be devoted to preparing the Restoration Plan, ~ith time allotted for agency input and review. At the completion of the ~ork program and upon final payment to princlpe and Associates by J. P- Davidson and Associates, ten (10) bound copies of the Biological Impact Report and Restoration Plan will be delivered to J- F. Davidson and Associates for distribution- Not included in this Scope of Work and Cost proposal are additional items not described herein, alternative restoration plane, tagging specimens, establishing protected zones, nor any operations or revegetation monitoring that may be requested of the Consultihg Biologist. These items will be covered in a separate agreement or agreements. The Cost Proposal prepared for this project is enclosed. The not- to-exceed total price includes all professional Time fees and Associated Expenses that will be incurred in the preparation of the Biological Impact Report and Restoration Plan, and thereafter during the responses to comments ~erlod until the Report and plan are found to be complete and adequate by the City of Temeoula. Than~ you for your attention to the above-mentiOned matters. you have any questions, please call me at (909) 677-9514- Work can begin immediately after we enter into a standard professional Services Agreement (or sub-contractor's agreement). Sincerely, pRiNCIpEANDASSOCIATES Paul A. Principe principal PAP/bp Enclosure JF~ ONTARIO 9899447761 P,O5 CONS~/~Z~G BIOI~GI~q~ 39445 Avertida Bizaro Rul-~ieta, Callfoz~ia 92563 (909) 677-9514 COST PROPO-q~T. J. F- DAVIDSON ASSOCIATES, INC. Temecula Valley Regional Office 27349 Jefferson Avenue, Suite 115 Temecula, Californla 92590 Date: April 1994 Proposal NO.: DESILT-1 Project: City of Temecula sports Park Lake Desiltation Project Biological Impact Report and Restoration Plan professional Services Rendered: professional Time Baseline Biological Data Gathering Plant and Animal Field Surveys (General) Focused Sensitive Species Studies Lake Studies Results BIOlogical Resources Mapping Impact Evaluation (General) Impacts to Sensitive Species Mitigation Measures (General) Restoration Planning Identification of Natural Communities Silt Removal and Revegetatiun Recommendations Listing by Number of Plant Species by Habitat Estimate of Plant Materials Cost. Plan Mapping Meetings (4) Subtotal $ 800.00 1,600.00 800.00 800.00 800.00 400.00 800.00 400.00 4OO.00 400.00 1,600.00 lf200.00 800.00 800.OO $11.600-00 Associated E~enses Travel Word Processing Reprographics (10 bound reports) Subtotal 100.00 200.00 100.00 $ 400.0Q TOTAL AMOUNT OF THIS COST PROPOSAL $12~000-00 ITEM NO. 7 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council. Mary Jane McLarney, Finance Officer June 14, 1994 Authorization to Appropriate Funds Within the Insurance Internal Service Fund RECOMMENDATION: Staff recommends the appropriation of funds as follows: Account No. 300-199-999-5204 300-199-999-5205 300-199-999-5207 300-199-999-5250 Account Descriotion Property Insurance Claims Examiner Claims Other Outside Services Reouested Appropriation $ 5,000 $ 6,500 $69,000 $ 2,300 DISCUSSION: Each year, in conjunction with the preparation of the fiscal year budget, the City Council approves a transfer of $100,000 from the General Fund to the Insurance Internal Service Fund. 'The funds are then appropriated as needed for insurance operating purposes. The request to now appropriate the funds is due to increased costs, as well as an influx of claims and litigation activity, including Lake Villages, Modaffare, and Wise. As a result, additional appropriations are needed in the above expenditure accounts. FISCAL IMPACT: Any unused portion of the transferred funds will be retained in reserves. R: tNOR TONL IAGENDA SIINSISF. A GN 6/7/94 ITEM NO. 8 APPROVAL CITY ATTORNEY FINANCE OFFICEF CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: /1'12-~ Tim D. Serlet, Director of Public Works/City Engineer DATE: June 14, 1994 SUBJECT: Contract Change Order Nos. 12 through 14 for the Liefer Road Bridge and Street Improvements, Project No. PW93-02 PREPARED BY: C/Raymond A. Casey, Principal Engineer d:~Jim D. Faul, Assistant Engineer RECOMMENDATION: That the City Council: 1. Approve the final Contract Change Orders Nos. 12 through No. 14 for Liefer Road Bridge and Street Improvements Project, PW93-02, pertaining to labor and equipment for various items of work, in the amount of $16,655.40. 2. Approve an advance from the Development Impact Fund of $2,450.96 to the Capital Projects Fund. BACKGROUND: During the construction of the Liefer Road Bridge and Street Improvements Project the following items of work have resulted in a change to the contract. The Contract Change Orders are as follows: CHANGE ORDER NO.'12 - Install Additional Water Main Appurtenances: (Billed to RCWD) When the relocated water main (Item #19) was .being constructed, Rancho California Water District (RCWD) requested the Contractor to ins'tall additional concrete thrust blocks and to repair an existing PVC coupling restraint. The City will invoice RCWD for this change order. SUBTOTAL: $1,959.50 r%agdrpt%94%0614~pw93-02.acc CHANGE ORDER NO. 13 - Extend Contract Unit Quantities for Bid Item Nos. 4,5,12, 15, & 17: - Provide additional unit quantities, at Contract Unit Price, to reflect actual ~luantities obtained in the field that exceeded the Engineer's estimate. The additional quantities included asphalt concrete (Item #4), crushed aggregate base (Item #5), abutments/wingwalls concrete (Item #12), A.C. overside drain (Item #15), and earthwork (Item #21 ). The California Department of Fish and Game required additional hydroseeding (Item #17) due to the construction in and near the Santa Gertrudis Creek. SUBTOTAL: $14,351.90 CHANGE ORDER NO. 14 - Removel of Asphalt Debris: Asphalt debris, located on the surface, was encountered within the construction limits of the project. The Contractor will collect and remove the asphalt debris from the site. SUBTOTAL: $344.00 TOTAL: $16,655.40 FISCAL IMPACT: On November 9, 1993,the City Council awarded a contract for the construction of Liefer Road Bridge and Street Improvements, to K.E. Patterson Company. LTD. for $167,475.00. Change Order Nos. 01 through 11 were previously approved in the total amount of $29,858.35 of which $9,247.48 should be reimbursed by RCWD. Contract Change Order Nos. 12 through 14 are in the amount of $16,655.50 of which $1,959.50 should be reimbursed by RCWD. An additional $2,450.96 must be advanced for the Liefer Road Bridge and Street Improvements Project at this time (the difference between the total of these change orders and the reimbursement amount recently received from Rancho California Water District). Adequate appropriations are available in account number 210-166-627-5804. This project is up to 93.75% reimbursable by the Federal Emergency Management Agency and the State of California Office of Emergency Services per Damage Survey Report Number 97284.' The remaining cost should be reimbursed to the City through a future assessment district for improvements to Liefer Road. 'Attachments: Contract Change Orders Nos. 12 through 14 r~agdrpt%94~,0614%pw93-O2.acc CONTRACT CHANGE ORDER NO. 1:2 CONTRACT NO. PW93-02 PROJECT: LIEFER ROAD BRIDGE & STREET IMPROVEMENTS SHEET I of 1_]_ TO CONTRACTOR: K.E. Patterson Co.. Inc. NOTE: This change order is not effective until aooroved by the Enaineer. CHANGE REQUESTED BY: Jim D. Faul, Assistant Engineer - Land Development A. EXTRA WORK (8) AGREED PRICE ITEM AMOUNT Chanae Order No. 12 - Install Additional Water Main Aoourtenances: (Billed to RCWD) When the relocated water main(Item #19) was being constructed, Rancho California Water District (RCWD) requested the Contractor to install additional concrete thrust blocks and to repair an existing PVC coupling restraint. The City will invoice RCWD for this change order. Total: $1,959.50 Original Contract Amount .............................. $ 167,475.00 Adjusted Contract Amount ............................. $ 197,333.50 Change Order No. 12 ................................. $ 1,959.50 Total Contract Amount ................................ $ 199,293.00 Adjustment of Working Days .......................... N/A Approved: Principal Engr. By: Date: We the undersigned contractor have given careful consideration to the change proposed and hereby agree. If this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Date Accepted: Contractor: By: Title: (company's name) '(signature) Name: (print) If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified. c%fauNiefer%cco~,cco. 12 CONTRACT CHANGE ORDER NO. CONTRACT NO. PW93-b, PROJECT: LIEFER ROAD BRIDGE & STREET IMPROVEMENTS SHEET _.1_ of __1 TO CONTRACTOR: K.E. Patterson Co., Inc. NOTE: This change order is not effective until aDoroved bv the Engineer. CHANGE REQUESTED BY: Jim D. Faul, Assistant Engineer - Land Development Ae EXTRA WORK (E) AGREED PRICF ITEM AMOUNT Chanqe Order No. 13 - Extend Contract Unit Quantities for Bid Item Nos. 4,5,12,15, & 17: Provide additional unit quantities, at Contract Unit Price, to reflect actual quantities obtained in the field that exceeded the Engineer's estimate. The additional quantities included asphalt concrete (Item #4), crushed aggregate base (Item #5), abutments/wingwalls concrete (Item #12), A.C. overside drain (Item #15), and earthwork (Item #21 ). The California Department of Fish and Game required additional hydroseeding (Item #17) due to the construction in and near the Santa Gertrudis Creek. Total: $ 14,351. Original Contract Amount .............................. $ 167,475.00 Adjusted Contract Amount ............................. $ 199,293.00 Change Order No. 13 ................................. ~ 14,351.90 Total Contract Amount ................................. $ 213,644.90 Adjustment of Working Days .......................... N/A Approved: Principal .Engr. By: Date: We the undersigned contractor have given careful consideration to the change proposed and hereby agree. If this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Date Accepted: Contractor: (company's name) By: Ti.tle: (signature) Name: (print) If the contractor does not sign acceptance of this order, his attention is directed to the requirement~- of the specifications as to proceeding with the ordered work and filing a written protest within tl time therein specified. r:%fauNiefe~cco%coo. 13 skg CONTRACT CHANGE ORDER NO. 14 CONTRACT NO. PW93-02 PROJECT: LIEFER ROAD BRIDGE &STREET IMPROVEMENTS TO CONTRACTOR: K.E. Patterson Co., Inc, NOTE: This change order is not effective until aDoroved by the Engineer. CHANGE REQUESTED BY: Jim D. Faul, Assistant Engineer - Land Development A. EXTRA WORK (~ AGREED PRICE SHEET 1_]_ of 1__ ITEM -- AMOUNT ChanGe Order No. 14- Removal of Asohalt Debris: Asphalt debris, located on the surface, was encountered within the construction limits of the project. The Contractor will collect and remove the asphalt debris from the site. Total: $ 344.00 Original Contract Amount .............................. $ 167,475.00 Adjusted Contract Amount ............................. $ 213,644.90 Change Order No. 14 ................................. $ 344.00 Total Contract Amount ................................ $ 213,988.90 Adjustment of Working Days .......................... N/A Approved: Principal Engr. By: Date: We the undersigned contractor have given careful consideration to the change proposed and hereby agree. If this proposal is approved, that we will .provide all equipment, furnish all materials, except · as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Date Accepted: Contractor: (company's name) By: Title: (signart]re) Name: (print) ' If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified. r,\feul%liefer%cco\cco. 14 ITEM NO. 9 APPROV~T. CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Tim D. Serlet, Director of Public Works/City Engineer June 14, 1994 Substitute Subdivision Improvement Agreement Improvement Bond Riders in Tract No. 2291 6-F and Public PREPARED BY: ~,~/Albert Crisp, Permit Engineer RECOMMENDATION: That the City Council ACCEPT the Substitute Subdivision Improvement Agreement and riders to Faithful Performance and Labor and Material Bonds for Street, Water, and Sewer Improvements, and Subdivision Monumentation Bond Rider in Tract No. 22916-F, and DIRECT the City Clerk to so advise the Developer and the Surety· BACKGROUND: On September 18, 1990, the City Council approved Tract Map No.22916-F, and entered into subdivision agreements with: Tayco (Joint' Venture of TaylOr Woodrow Homes & Costain Homes, Inc.) 4921 Birch Street, Suite 110 Newport Beach, CA 92660 for the improvement of streets, installation of sewer and water systems, and subdivision monumentation. Accompanying the subdivision agreements were surety bonds issued by American Home Assurance Company as follows: Bond No. PB 300 12 678 in the amount of $1,095,000to cover street improvements. Bond No. PB 300 12 678 in the amount of $86,500 to cover water improvements. 3. Bond No. PB 300 12 678 in the amount of $115,500 to cover sewer improvements. Bond No. PB 300 12 678 in the amount of $648,500 to cover material and labor for street, water, and sewer improvements. r:~egdrpt~94~0614~tr22916-F 0602/ao 5. Bond No. PB '300 13 185 in the amount of $22,686 to cover subdivision monumentation. Effective December 31, 1993, Costain Homes Inc. withdrew from the joint venture partnership. The name of the new partnership is Tayco, a California General Partnership (comprised of Taylor Woodrow Homes California Limited, a California Corporation, and Taylor Woodrow Real Estate, · California Corporation). A new agreement has been executed by the partnership and riders to the Bonds in the full amount submitted for City Council acceptance. The Surety remains the same. The riders reflect the change in principal. The affected streets, although not completed or accepted, are Camino Seneco, Corte Bacarro, and Via Torres, and a portion of Meadows Parkway, Pauba Road, and Corte Parado. Attachment: Location Map Riders to Faithful Performance Bonds Substitute Agreement r:~agdrpt~94~O614%tr22916-F 0602/ac P;OJECT SITE Nor ?.oF sc,~ a_~ · ,:T/'51 ' 5-~ i[..Z..,~° :v.'. .:3. ~ . ·® , CAI~HELA LOT '~ pAUDA TRACT NO. 22916 -F Location Map ITEM ... N O. 10 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Tim D. Serlet, Director of Public Works/City Engineer June 14, 1994 Final Parcel Map No. 25538 - Southeastern Terminus of Estero Street PREPARED BY:~Raymond A. Casey, Principal Engineer - Land Development ~)~Annie Bostre-Le, Engineer Technician - Land Development RECOMMENDATION: That the City Council approve Final Parcel Map No. 25538 subject to the Conditions of Approval. BACKGROUND: Tentative Parcel Map No. 25538, Amendment No. I was approved by the City of Temecula Planning Director on February 18, 1993. The Developer has met all of the Conditions of Approval. Final Parcel Map No. 25538 is a proposed two (2) lot residential subdivision of 1.43 gross acres located at the southeastern terminus of Estero Street. The site currently is vacant. Surrounding land use is single family development. The site is zoned Rural Residential (R-R). The established zoning on the property conforms with the land use designation on the General Plan for the City of Temecula. The following fees have been paid for Final P.M. 25538: Area Drainage Fee Traffic Signal Mitigation Fee Fire Mitigation Fee $1,576.00 $ 300.00 $ 800.00 f:.%agdrpt%94%0614~m25538.agn/ajp The following fees have been deferred for Final Parcel Map No. 25538: Area Drainage Fee (Balance of $1,182.00) Stephen's K-Rat Mitigation Fee Public Facilities Fee Due prior to grading permit Due prior to grading permit Due prior to building permit The following bond has been posted for Final Parcel Map No. 25538. Subdivision Warranty Bond 4,650.00 The public improvements associated with this parcel map were constructed prior to map recordation under Parcel Map 24633, therefore construction bonds are not required. FISCAL IMPACT: None. ATTACHMENTS: 2. 3. 4. 5. Development Fee Checklist Project Location Map Sheet 2 of Final Parcel Map No. 25538 Conditions of Approval Fees & Securities Report r.~agd~t~,94%0614~m25638.agnlejp CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST Final Vesting Parcel Map No. 25538 The following fees were reviewed by Staff relative to their applicability to this project. FEE Habitat Conservation Plan (K-Rat) Traffic Signal Mitigation Fire Mitigation Flood Control (ADP) Public Facility (1) Original Conditions of Approval (2) Conditions of Approval, Amendment No. 1 CONDITION OF APPROVAL Condition No. 16 C.O.A. dated 10/15/90 (1) Condition No. 25 C.O.A. dated 10/15/90 (1) Condition No. 11 C.O.A. dated 10/15/90 ( 1 ) Condition No. 24 C.O.A. dated 2/18/93 (2) Condition No. 40 C.O.A. dated 2/18/93 (2) r.\agdrpt\94%0614\pm25538.agn/ajp SANTIAGO SL TA-t~ t° R t~ ~A C:~I~NTA ESTERO STREET VERDE ROAD 2~,/ALTER o o ROAD PARCEL MAP NO. 25538 -- VICINITY MAP NOT TO SCALE CrTY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No. No. 25538, Amendment No. 1 Project Description: One year extension of time for Tentative Parcel Map No. 25538, Amendment No. I .- a two (2| parcel residential subdivision of a 1.43 acre parcel ASsessor's Parcel No.: 945-070-010 Approval Date: February 18, 1993 Expiration Date: October 16, 1993 PLANNING DEPARTMENT GENERAL REQUIREMENTS The tentative subdivision shall comply with the State of California' Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 ~lays prior to the expiration date· e The subdivider shall defend, indemnify; and'hold harmless the City of Temecula, it agents, officers, and employees from any claim, action, or proceeding against the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 25538, Amendment No. 1, First Extension of Time, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Teme~ula will promptly notify the subdivider of any such claim, action, or prbceeding against the City of Temecula and will cooperate fully in the defense· If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. Tentative Parcel Map No. 25538, Amendment No. 1, First Extension of Time shall comply with all Conditions of Approval for Tentative Parcel Map No. 25538, Amendment No. 1 unless superseded by these Conditions of Approval. PRIOR 4. TO ISSUANCE OF GRADING PERMITS A Mitigation Monitoring Program shall be submitted and approved by the Planning Director. 5. A copy of the Rough Grading plans shall be submitted. A qualified paleontologist shall be chosen by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find potential is high for impact to significant resources, a pre-grade meeting between the paleontologist, Planning Director staff and the excavation and grading contractor shall be arranged. Mitigation measures shall be R:~S~ST~31.OOA 2f'Z3/93 approved by the Planning Director along with a Mitigation Monitoring Program. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of development. PRIOR TO RECORDATION OF THE FINAL MAP · The following Shall be submitted tO and approved by the Planning Director.: a. A copy of the Final Map A copy of the Environmental ConStraint Sheet (ECS) i. The following notes shall be added to the Environmental Constraint Sheet (ECS): (1) This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations. · 9. The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of development. PRIOR TO ISSUANCE OF BUILDING PERMITS 10. The following shall be submitted to and approved by the Planning Director: a. Precise Grading Plans consistent with the approved Rough Grading Plans which include the following: i. '"' All' structural setback measurements ii. - - Building elevations 11. 12. Roof-mounted mechanical equipment shall not be permitted within the residential portion of the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Director approval. Roof-mounted equipment may be allowed for commercial structures if they are architecturally screened from view from the adjoining streets and properties. . The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of development. R:~LqTA~53g. COA 2/23/93 tjs PUBLIC WORKS DEPARTMENT GENERAL REQUIREMENTS The following are additional Conditions of Approval of the Department of Public Works for this project, and shall be completed at no cost to any Government Agency. All previous Conditions of Approval shall remain in force except as amended or superseded by the following requirements. All questions regarding the true meaning of the. conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the durrent tentative map or site pla~ all existing and 'proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. .. .-: GENERAL REQUIREMENTS : 13. A Grading Permit for either rough or precise (including all-onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way, 14. 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. " 15. All improvement .plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 16. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must C~omply with the requirements of said section. PRIOR 17. 18. 19.. TO ISSUANCE OF GRADING PERMITS ' -The final grading pl'an shall be prepared by'a RegiStered Civil Engineer and shall be reviewed and approved-by the Department of Public Works. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. 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 has been filed or the project is shown to be exempt. R:~.S~ST~3~.COA 2/23/93 20. 21. 22. 23. 24. 25. 26. 27. 28. The developer shall receive written clearance from the following agencies: · · · · · · · · San Diego Regional Water Quality; Riverside County Rood Control District; Planning Department; Department of Public Works; Riverside County Health Department; General Telephone; Southern California Edison Company; and Southern California Gas Company. A Soils Report shall be prepared by a registered soils engineer and submitted to 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. An erosion-control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. A flood mitigation charge shall be paid. The charge ~hall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. The developer shall obtain any necessary letters of approval or easements for any. offsite work performed on adjacent properties as directed by the Department of Public ' Works. The subdividi~r shall accept and properly dispose of .all off-site drainage flowing Onto · or through the site. In the event the Department of Public Works permits the use of' streets for drainage purposes, the provisions of Section XI-of Ordinance No. 460 will' apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. The subdivider shall protect downstream properties from damages ~:aused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate'drainage facilities, including enlarging existing facilities or.by securing a drainage easement,. A drainage easement shall be obtained from the affectted property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. R:~TAFIrR.F'~2SS~g-COA 2/23.n)3 tin PRIOR 29. TO THE ISSUANCE OF ENCROACHMENT PERMITS All necessary grading permit requirements shall have been completed an~! approved to the satisfaction. of the Department of Public Works. 30. -The following criteria shall be observed in the design of the improvement plans to be 'submitted to the Department of Public Works: ae Flowlin. e grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. "--. ': Street lights shall be installed :along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. ds Landscaping shall be limited in the comer cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All concentrated drainage directed towards the public street shall be conveyed through undersidewalk drains. 31. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 208. 32. All driveways shall be located a minimum:of two (2) feet from the side property line. 33. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 34. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. PRIOR TO RECORDATION OF FINAL MAP 35. 36. An aooosc-, c,a~omont 20 fcot in width along thc wcstorly boundary line of Faroel I shall be reserved in favor of the northerly portion of pareel I of Pereel Map 13888, PM Deok .10'I/10 11. (Deleted at Planning Director'a Hearing on February 11, 1993). The developer shall comply with all c~nstraints which may Environmental Constraint Sheet recorded with any underlying subject property. be shown upon an maps related to the 37. Prior to recording the final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. R:~SL.~TAFFRP"r~53S.COA 2/23/93 tjs PRIOR TO BUILDING PERMIT 38. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 39. 40. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, C{ty Grading S~andards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the. approved rough grading plan. Developer shall pay any capital.fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not. been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed 910,000. Developer understands that said Agreement may require the' payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the Provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY 4!. All improvements shall be completed and in place per the approved plans, including but not |imited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drai.nage · facilities~-parkway trees and street lights on all interior public streets. 42. Landscaping installed in the corner cut-off area of all intersection and adjacent to driveways shall be reviewed and approved in the field for minimum sight distance as' directed by the Department of Public Works. 43. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. COMMUNITY SERVICES DEPARTMENT 44. Upon the request of a building permit for construction of residential structures on one or more of the parcels within four years following approval of tentative map, parcel map, or planned development, real estate development, stock cooperative, community apartment project and condominium for which a tentative map or parcel map is filed, a predetermined Quimby Act Fee in the amount equal to the fair market value of R:~q~'TA~53g. COA 2.q.3/93 ~s required acreage shall be paid by the owner of each such parcel(s) as a condition to the issuance of such permit as authorized by City Ordinance No. 460.93. OTHER AGENCIES 45. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated September'29, 1992, a copy of which is attached. R:~L~T~535.COA 2/'Z2/93 tjs hnch0 Wmr John F. Hennigar C, tt~ral Managtr Phillip L Forb~ Dirt~or of Finann- Tr~asurtr F, P. 'Bob' Ltmon9 Dirtt~r oF En~n,trmg Kenntth C. Dtaly Dirte~r o~ (~ratmna & .Mainttnanct Perry R. Louck Controller Linda M. Frtgo~o MeCormiel~ Kidman & Behrtns Legal Counsel September 29, 1992 · Mr. Matthew Fagan City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Water Availability Parcel Map 25538 First Extension of Time RECEIVED OCT 0 1,1992 .......... -., Dear Mr. Fagan: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District CRCWD). Water service, therefore, would be ava~ablc upon completion of financial arrangements between RCWD and the property owner. Water availability would bc contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, 'to RCWD. If you have any 'queStions, please contact Ms..Senga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P. E. Manager of Development Engineering 0 so:so:aj3oo/F186 Senga Dohcrty, Engineering Technician CITY OF TEMECULA PLANNING DEPARTMENT CONDITIONS OF APPROVAL Tentative Parcel Map No. 25538 Council Approval Date: Expiration Date: P)anninq Depart;nent 1. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents,' officers, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 25538, P.C. No. 1. which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim. action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or faiis to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 2. The tentative parcel map shall conform to the requirements of Ordinance 460, Schedule G unless modified by the conditions listed below. This approved tentative parcel map will expire two years after the City Council approval date unless extended as provided by Ordinance 460. 3. , The final map shall be prepared by,a ~'egistered civil engineer or licensed land surveyor subject to all the requirements of the State of California Subdivision Map Act, Riverside county Subdivision Ordinance 460. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City. Street names shall be subject to approval of the City of Temecula. 5. Easements, when required for roadway slopes, drainage facilities, utilities. etc., shall be shown on the final map'if within the land division boundary. All offers of dedication shall provide for nonexclusive public road and utility access. All easements, offers of dedication and conveyances shall be submitted and recorded as directed by the City of Temecula. 6. Lagal access as required by Ordinance 460 shall be provided from the parcel map boundary to a City maintained road. STA FFR PT\PM25538 1 10. 11. 12. 13. 15. 16. All delinquent property taxes shall be paid prior to recordation of the final map. The subdivider shall comply with the .street improvement recommendations outlined in the County Road Department's letter dated 12-26-89, a copy of which is attached. The subdivide shall comply with the environmental health recommendations outlined in the County Health Department's Transmittal dated 12-8-89, a copy of which is attached. The subdiyider shall comply with the flood control recommendations outlined in the Riverside County Flood Control District~s letter dated 12-13-89, a copy of which is attached. If the land division lies within an adopted flood control drainage area pursuant to Section 10.25 of Riverside County Land Division Ordinance L~60, appropriate fees for the construction of area drainage facilities shall be collected by the Road Commissioner prior to recordation of the final map or waiver of parcel map. The subdivider shall comply with the fire improvement recommendations outlined in the County Fire Department~s letter dated 12-13-89, a copy of which is attached. The subdivider shall comply with the recommendations outlined in the Buildin9 and Safety Department: Land Use Sectionts transmittal dated 12-20-89, a copy of which is attached. The subdivider shall comply with the recommendations outlined in the Building and Safety Department: Gradin9 Section's transmittal dated 5-1-90, a copy of which is attached. The subdivider shall comply with the recommendations outlined in the San Bernardino County Museum transmittal dated 12-11-89, a copy of which is attached. Prior to issuance of building permits, applicant shall be required to pay applicable Quimby fees in accordance with Section 10.35 of Ordinance/~60. Prior to the issuance of a gradin9 permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Enqineerinq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. STAFFRPT\PM25538 2 It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. 17. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City. Ordinances and Resolutions. PRIOR TO FINAL MAP APPROVAL: 18. Prior to final map approval, the deve!oper shall receive written clearance from the following agencies: 19. 20. 21. - San Diego Regional Water Quality; - Rancho California Water District; - Riverside County Flood Control District; - City of Temecu)a Fire Bureau; - Planning Department; - Engineering Department; - . Riverside County Health Department; and - CATV Franchise. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. 460. Dedication shall be made to provide for right-d-way for a cui-de-sac per Riverside County Standard No. 800. The subdivider shall construct or post security 9uaranteein9 the construction of the following public improvements in conformance with applicable City standards. a. Street i'mprovements, including, but not limited to: pavement, curb and 9utter, drive approaches, street lights, signing, and striping. 22. 23. 25. b. A domestic water system. The subdivider shall provide bonds and agreement, clearances from all applicable agencies and pay all fees prior to the approval of the final map. The street design and improvement concept of this project shall be coordinated with adjoining developments. . Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the City Engineer. Prior to recordation of the final map, the developer shall deposit with the Engineering Department a cash sum established per lot as mitigation for a traffic signal impact. 5TA FF R PT\PM25538 3 26. 27. 29. 30. 31. 32. 33. 34. 35. 36. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. The subdivider shall submit four copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. A copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District for review. Prior to any work being performed in public right-of-way, fees shall be and an encroachment permit shall be obtained from the City Engineer's Office, in addition to any other permits required. Street improvement plans including parkway trees and street lights prepared by a Registered Civil Engineer and approved by the City Engineer shall be required for all public streets prior to issuance of an encroachment permit. Final plans and profiles shall show the location of existing utility facilities within the right-of-way. All driveways shall be located a minimum of two 12) feet from the property line. All driveways shall be constructed along all public street frontages in accordance with City Standard Nos. 400 and 401 {curb sidewalk). A minimum centerline grade shall be 0.50 percent. The required improvements as reflected in the following conditions shall be completed prior to issuance of Certificates of Occupancy· The improvements are required based on the following findings: The improvements are a necessary prerequisite to the orderly development of the surrounding area. b. The improvements are necessary for the public health and safety. Estero Street shall be improved with 28 feet of asphalt concrete pavement within the dedicated right of way. in accordance with County Standard No. 105, Section B. (36-60), add concrete curb/gutter. improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer. STAFF R PT\PM25538 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 37. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, drive approaches, parkway trees and street lights within parcel map boundary in accordance with Riverside County Standard No. 800-cul-de-sac. 38. All street improvements shall be installed to the satisfaction of the City Engineer. 39. Asphaltic emulsion Jfo9 seal) shall be applied not less than 14 days following placement of the asphalt surfacing.and shall be applied at a rate of 0.05 gallon per square yard, Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. 40. Prior to Building Permit, the subdivider shall notify the City's CATV Franchises of the intent to develop. Conduit shall be installed to CATV Standards prior to issuance of Certificates of Occupancy. 41. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated l assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. 5~T A FF R PT\PM25538 5 OFF~uE OF ROAD COMMISSIONER & COUNTY ~URVEYOR mml~ ~J[' ~ i.rrnii~r ~ ROAD AND R,'R~..V~y D[PA~T~ ~ [-Roy D. Srnool ROAD COHHL%SIOH[R & COUNTY December 26, 1989 ADM~I~Tlt4.~ CT. tfTT, JI MAILD4G A13(3~: P.O. BOX IDxM~3 ~ ~R.N~ 925432 (714] 717-6554 Riverside County Planning Commission 4080 Lemon Street Riverside, CA 92501 , REz PM 25538" Schedule G - Team i - SMD #9 AP #111-111-111-9 Ladies and Gentlemen: With respect to the conditions of approval for the referenced tentative land division map, the Road Department recommends that the landdivider provide the following street improvements, street improvement plans and/or road dedications in accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461). It is understood that the tentative map correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission or unacceptability may require the map to be resubmitted for further consideration. These Ordinances and the following conditions are essential parts and a requirement occurring in ONE is as binding as though occurring in all. They are intended to be complementary and to describe the conditions for a complete design of the improvement. All questions regarding the true-meaning of the conditions shall be referred to the Road Commissioner's Office. The landdivider shall protect downstream properties from damages caused by alteration of the drainage patterns, i,e. concentration of diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as followsz "Drainage Easement - no building, obstructions, or encroachments by land fills are allowed". The pro~ection shall be as approved by the Road Department. The landdivider shall accept and properly dispose of all offsite drainage flowing onto or through the site. In the event the Road Commissioner permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply· Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities as PM ~5538 Decer-ber 26, 1989 Pa~e 2 lO. 11. 12. The requ]_red improvements as reflected in the following conditions shall be completed or a Performance Security in lieu thereof shall be posted in accordance with Riverside County Ordinance 460, Article XV, prior to recordation of the final map. The improvements are required based on the following findings~ a) b) The improvements are a necessary prerequisite to the orderly development of the surrounding area. The improvements and safety. are necessary for the public health Major drainage is involved on this landdivision and its resolution shall be as approved by the Road Department. Estero Street shall be improved with 28 feet of asphalt concrete pavement within a 40 foot part width dedicated right of way in accordance with County Standard No. 105, Section B. ( 18'/30' ) Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the rhe develeFer/owner shall submit a detailed soils investi- gation report addressing the construction requirements within the road right of way. A standard cul-de-sac shall be constructed throughout the landdivision. Aspbaltic emulsion (fog seal) shall be applied not less than fourteen days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section 37, 39 and 94 of the State Standard Specifications. The landdivider shall provide utility clearance from Rancho California Water District prior to the recordation of the final map. The maximum centerline gradient and the minimum centerline radii shall be in conformance with County Standard #114 of Ordinance 461. The minimum lot- frontages along the cul-de-sacs and knuckles shall be 35 feet. PM 25538 Decet,,ber 26, 1989 Page 3 14. 15a. 16. 17. 18. 19. 20. All driveways shall conform to the applicable Riverside County Standards. The minimum garage setback shall be 30 feet measured from the face of curb. The landowner/developer shall provide/acquire sufficient public offsite rights of way to provide for a primary access road to a paved and maintained road. Said access road shall be constructed in accordance with County Standard No.. 106, Section B. (32'/60') at a grade and alignment approved by the Road Commissioner. Said offsite access road shall be the westerly extension of Estero Street to Ormsby Road, then southerly on Ormsby Road to Santiago Road. Prior to the recordation of the final map, the developer shall deposit with the Riverside County Road Department, a cash sum of $150.00 per lot as mitigation for traffic signal impacts. Electrical and communications trenches shall be provided in accordance with Ordinance 461, Standard 817. Landdivisions creating cut or fill slopes adjacent'to the streets shall provide erosion control, sight distance control and slope easements as approved by the Road Department. The street design and improvement concept of this project shall be coordinated with PM 96/39-40, PM 97/11-12, PM 115/71-72, PM 81/83-84 and Tentative PM 24633. Any landscaping within public road rights of way shall comply with Road Department standards and require approval by the Road Comissioner and assurance of continuing. maintenance through the establishment of a landscape maintenance 'district/maintenance agreement or similar mechanism as approved by the Road Commissioner. Landscape plans shall be submitted on. standard County Plan sheet format (24" x 36"). Landscape plans shall be submitted with the street improvement plans and shall depict ~ such landscaping, irrigation and related facilities as are to be placed within the public road rights-of-way. PM 25538 Dece~,,ber 26, 1989 P~o 4 21. EB: Jw Pursuant to. Section 66493 of the Subdivision Map Act any subdivision which is part of an existing Assessment District must comply with the requirements of said Section. Very truly yours, Subdivision Engineer ENVIRONS..[AL IIEALTII :ERVICES DIVISION ~ 6 UNIvERSITy AVENUE RIVERSIDE, CA 92503 x2,,J,, SCHEDULE ~/ HA]VER REQUEST?.,~/~) AP, EA/DI STR i CT 0RD. IIGO E DEPARTMENT OF HEALTI! tlAS REVIEWED TIlE MAP DESCRIBED ADORE. IF IIIEI1E ARE Y QUESTIONS CONCERNING THIS. TRANSMITTAL, CONTACT (71q) 787-65q3, OUR COMMENDATIONS ARE AS FOLLOHS: Environmental Health Services Division C'.EIISD) has reviewed the above Parcel and while we are no: privileBed to receive any preliminary Information relative ubsurface sewaBe disposal or connection t~ sewers or domestic water supply, it ur considered opinion that the soils titat might be encountered in tht~ area noC be conducive to e[Eecc~ve subsur[ace 9evaBe d[epoeaZ ayecome and becnune ~ chacactec~ac~cs ~n the area, there may be a requirement lot extensive ~ng, comparison, cutting, etc. Prior to recordat~on o[ the [~naZ map, an ~e Env~conmentaZ Hea~ch Services D~v~s[on~/~ DEPUTY DIRECTOR OF TH FOR ENVIRONMENTAL TIt SAN 117 (REV. IU/89) (S. IGNAIUliE] [T]ILE] , KENNETH L EDWARDS CNl!:if I'NGIN[I. 1995 MARKET 5'TREE7 PO. BOX 1033 TELEPHONE (?lA) 787.2OI5 FAX NO. (7~d,I 788-9965 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RIVERSIDE. CALIFORNIA 92502' Riverside County Planning Department County Administrative Center Riverside, California Attention: Regional Team No. ~ Re: ~ 1.553f). We have reviewed this case and have the following comments: Except for nuisance nature local runoff which may traverse portions of the property the project is considered free from ordinary storm flood hazard. However, a storm of unusual magnitude could cause some damage. New construc- tion should comply with all applicable ordinances. The topography of the area consists of well defined ridges and natural water- courses which traverse the property. There is adequate area outside of the natural watercourses for building sites. The natural watercourses should be kept free of buildings and obstructions in order to maintain the natural drainage patterns of the area and to prevent flood damage to new buildings. A note should be placed on an environmental constraint sheet stating, "All new buildings shall be floodproofed by elevating the finished floors a minimum of 18 inches above adjacent ground surface. Erosion protection shall be provided for mobile home supports." This project is in the ~,r~ik Cre,k/fe~,c~%~ V,l~ AI;>P Area drainage plan fees shall be paid in accordance wit the a;~l e h icabl riles and regulations. The proposed zoning is consistent with existing flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the implied density. The District's report dated is still current for this project. The District does not object to the proposed minor change. This project is a part of free of ordinary storm flood hazard when improvements ~av:hbeee~r°Ject will be constructed in accordance with approved plans. The attached comments apply. ~ry ~u 1~~, Fe~~~oH. KASHUBA r Civti Engineer RIVERSIDE COUNTY FIRE DEI'ARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION GLEN J. NEWMAN FIRE CHIEF PLANNING & ENGINEERING 4~-Z09 OASIS STREET. SUITE 405 IND[O. CA 92201 (619] 342-8886 TO: PLANNING DEPARTMENT 12-13-89 ATTN: DIANE KIRKSEY i :' '. , · ... , ,., RE: PARCEL MAP 25538 PLANNING & ENGINEERING 3760 IZTH STREET RIVERSIDE. CA 92501 (714) 787-6606 With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: FIRE PROTECTION Schedule "G" fire protection. An approved standard fire hydrant (6"x4"x2t") shall be located so that no portion of the frontage of any lot is more than 330 feet from a fire hydrant. Minimum fire flow shall be 1000 GPM for 2 hours duration at 20 PSI. The applicant/developer shall provide written certification from the appropriate water company that the required fire hydrants are either existing or that financial arrangements have been made to provide them. The required water system, including fire hydrantS, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. MITIGATION Prior to the recordation of the final map, the developer shall deposit with the Riverside County Fire Department, a cash sum of $400.00 per lot/unit as mitigation for fire protection impacts. All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner Michael E. Gray, Deputy Fire Department Planner Administrative Center · 1777 Atlanta Avenue Riverside, CA 92507 December 20, 1989 Riverside County Planning Department Attention: D.'Kirksey County Administrative Center 4080 Lemon Street Riverside, CA 92501 RE: Parcel Map 25538f Ladies and Gentlemen: The Land Use Division of the Department of Building amid SaFeLy has the following comments and conditions:. The developer shall obtain Planning Department approval for all on-site and off-site signage advertising the sale of the parcel map pursuant to Section 19.5 of Ordinance 348. Fireplaces may encroach l' into required minimum 5' side yard setback. Mechanical equipment may not be located in required minimum 5' side yard setback. Very truly yours, Robert I='inares --"' Senior Land Use Technician COUNTY OF RIVERSIDE BUILDING AND S~"ETY DEPARTMENT GRADING SECTION TO: N IRKS EY ,; t ROH: DATE: Hay 1, 1990 RE: PM 25538 .. ,' .... APN: 945-070-010 I'l..", The "Grading Section" has reviewed a conceptual grading plan for this site. The plan is acceptable. Consequently, the "Grading Section" recommends approval of this project if the following conditions are included. Prior to commencing any grading in excess of 50 cubic yards, the applicant shall obtain a grading permit and approval' to construct from the Building and Safety Department. All grading shall conf. orm to the 457. Uniform Building Code and Ordinance Provide verification that any existing grading was permitted and that approval to construct was obtained from the Building and Safety Department. ' Plant and irrigate fill slopes greater than or equal to 3' in vertical height with grass or ground cover. Slopes that exceed 1~' in vertical height are to be provided with shrubs and/or trees per count ordinance 457, see form 284-47. Gradin~ in excess of ~99 cubic yards will require performance securit}' to be posted with the Building and Safety department. All drainage facilities shall be designed to accommodate 100 year storm flows. OTE: For the final ~ading plan, please provide the applicable information orm Building and Safety Department grading forms: 284-120, 284-21, 284-86, nd 284-46. These forms are available at all Building and Safety Offices. hank 'you. CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 25538 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY Street and Drainage $ 0.00 Water 0.00 Sewer 0.00 TOTAL $ 0.00 Maintenance Retention $ 0.00 DATE: June 14, 1994 MATERIAL & LABOR SECURITY 0.00 0~00 0.00 0.00 Monument Security $ 0.00 Subdivision Warranty $4,650.00 DEVELOPMENT FEES City Traffic Signing and Striping Costs Flood Control (ADP) Fee - paid Fire Mitigation Fee - paid Signal Mitigation Fee - paid Road and Bridge Benefit Fee Other Development Fees N/A ,576.00 800.00 300.00 N/A T.B.D.* SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Inspection Fee Monument Inspection Fee Fees Paid To Date Balance of Fees Due * T.B.D. - To Be Detennined $ 56.00 $ 4.00 $ 790.00 $ N/A $ 250.00 $ 1,100.00 $ 0.00 rAagdrpt\94\0614~pm25538. agnlajp ITEM NO. I 1 APPROVAL ~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City 'Council/City Manager /~Tim D. Serlet, Director of Public Works/City Engineer June 14, 1994 SUBJECT: Final Parcel Map No. 24633- Northeast Corner of Estero Street and Ormsby Road PREPARED BY.~'RRaymond A. Casey, Principal Engineer - Land Development ~)~Annie Bostre-Le, Engineering Technician - Land Development RECOMMENDATION: That the City Council approve Final Parcel Map No. 24633 subject to the Conditions of Approval. BACKGROUND: Tentative Parcel Map No. 24633, Amendment No. 3 was approved by the City of Temecula Planning Director on February 18, 1993. The Developer has met all of the Conditions of Approval. Final Parcel Map No. 24633 is a proposed two (2) lot residential subdivision of 1.43 acres located at the northeast corner of Estero Street end Ormsby Road. The site currently is vacant. Surrounding land use is existing residential development. The site is zoned Rural Residential (R-R). The established zoning on the property conforms with the land use designation on the General Plan for the City of Temecula. The following fees have been paid for Final P~M. 24633: Area Drainage Fee $1,595.00 Traffic Signal Mitigation Fee Fire Mitigation Fee $ 300.00 $ 800.00 r:~agdrpt%94%0614';m24633.agn/a~ The following fees have been deferred for Final Parcel Map No. 24633: Area Drainage Fee (Balance of $1,163.00) Stephen's K-Rat Mitigation Fee Library Fees Public Facilities Fee Due prior to grading permit Due prior to grading permit Due prior to building permit Due prior to building permit The public improvements associated with this parcel map were constructed prior to map recordation, therefore construction bonds are not required. Pursuant to Condition 33, the developer has constructed Estero Street with full street improvements within the dedicated right-of-way. The developer and the City are currently processing a reimbursement agreement, for the constructed improvements, on behalf of the applicant (see attached letter). There are no improvement costs to the City associated with this reimbursement agreement. FISCAL IMPACT: None. ATTACHMENTS: 2. 3. 4. 5. 6. Development Fee Checklist Project Location Map Sheet 2 of Final Parcel Map No. 24633 Conditions of Approval Fees & Securities Report Reimbursement Letter r.%aOdfpt%94%0614%pm24633.egn/ej; CITY OF TEMECULA DEVELOPMENT FEE CHECKUST Final Vesting Parcel Mao No. 24633 The following fees were reviewed by Staff relative to their applicability to this project. FEE Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby Fees) Traffic Signal Mitigation CONDITION OF APPROVAL Condition No. 15 C.O.A. dated 10/15/90 (1) Condition No. 44 C.O.A. dated 2/18/93 (2) Condition No. 24 C.O.A. dated 10/15/90 (1) Library Condition No. ~.~, C.O.A. dated 10/15/90 (1) Fire Mitigation Condition No. 10 C.O.A. dated 10/15/90 (1) Flood Control Condition No. 23 (ADP) C.O.A. dated 2/18/93 (2) Public Facility Condition No. 40 C.O.A. dated 2/18/93 (2) (1) Original Conditions of Approval (2) Conditions of Approval, Amendment No. 3 r.%agdrpt%94%0614%pm24633,egn/ejp o SANTIAGO LA .S'T~E.ET ,V~'RA COLINA ESTERO STREET VERDE ' ~~]~TER m 'ca ROAD ~ ~ ROAD PARCEL MAP NO. 246,.I,.I .I VICINITY MAP NOT TO SCALE CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No. No. 24633, Amendment No. 3 Project Description: One year extension of time for Tentative Parcel Map No. 24633, Amendment No. 3 - a two (2) parcel residential subdivision of a: 1.43 acre parcel ' Assessor's Parcel No.: 945-070-012 Approval Date: February 18, 1993 Expiration Date: October 15, 1993 PLANNING DEPARTMENT GENERAL REQUIREMENTS The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. .2. e The subdivider shall defend, indemnify, and hold harmless the City of Temecula, it agents, officers, and employees from any claim, action, or proceeding against the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 24633, Amendment No. 3, First Extension of Time, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be respo.nsible to defend, indemnify, or hold harmless the City of Temecula. '-Tentative Parcel' Map No. 24633'~ Amendment No. 3~ First Extension of Time shall comply with all Conditions of Approval for Tentative Parcel Map No. 24633, Amendment No. 3 unless superseded by these Conditions of Approval· PRIOR TO ISSUANCE OF GRADING PERMITS e A Mitigation Monitoring Program shall be submitted and approved by the Planning Director. 5. A copy of the Rough Grading plans shall be submitted. e A qualified paleontologist shall be chosen by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find potential is high for impact to significant resources, a pre-grade meeting between the paleontologist, Planning Director staff and-the excavation and grading contractor shall be arranged. Mitigation measures shall be R:%S%STAFFRPT%24833.COA 2/23/93 idb approved by the Planning Department along with a Mitigation Monitoring Program. When necessary, the paleontologist or' representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. PRIOR TO RECORDATION OF THE RNAL MAP The following shall be submitted to and approved by the Planning Director: a.. A copy of the Final Map b. . A copy of the Environmental Constraint Sheet '(ECS) The following notes shall be added to the Environmental Constraint Sheet (ECS): (1) This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology; Palomar Observatory recommendations. The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of development. PRIOR TO ISSUANCE OF BUILDING PERMITS 9. The following shall be submitted to and approved by the Planning Director: Precise Grading Plans consistent with the approved Rough Grading Plans which include the following: All structural setback measurements 10. o ii. Building elevations Roof-mounted mechanical equipment shall not be permitted within the residential portion of the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Director approval. Roof-mounted equipment may be allowed for commercial structures if they are architecturally screened from view from the adjoining streets and properties. 11. The applicant shall demonstrate by'submittal of a-written report'that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of development. R:%S~STAFFRP"~4833.COA 2/23/93 klb PUBLIC WORKS DEPARTMENT GENERAL REQUIREMENTS The following are additional Conditions of Approval of the Department of Public Works for this project, and shall be completed at no cost to .any Government Agency. All previous Conditions of Approval shall remain in force except as amended or superseded by the following requirements. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person .of the Department of Public Works. It is understood that the Developer correct!y shows on the current tentative map or site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. GENERAL REQUIREMENTS 12. 13. A Grading Permit for either rough or. precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 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. 14. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with' adjacent projects and ~xisting improvements contiguous to the site. -. 15. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. PRIOR 16. TO ISSUANCE OF GRADING PERMITS The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 17. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. 18. 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 NP~ES NOtice of Intent has been filed or the project is shown to be exempt. R:~S~TAFFRPT~24833.COA 2/23/93 klb I 19. 20. 21. 22. 23. 24. 25. 26. 27. The developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Riverside County Rood Control District; Planning Department; Department of Public Works; Riverside County Health Department; General Telephone; Southern California Edison Company; and Southern California Gas Company. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan cjqeck. The report shall address all soils conditions of the site,. and provide recommendations for the construction of engineered structures and pavement sections. An erosion control plan shall b~ prepared by a registered civil engineer and submitted to the Department of. Public Works for review and approval. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of. Public Works. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Rood Control District prior to issuance of permits. If the full Area Drainage Plan. fee or mitigation charge has been already credited to this property, no new charge needs to be paid. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the Site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i;e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. R:~S%STAFFRFT'~,4633.COA 2/23/93 Idb PRIOR TO THE ISSUANCE OF ENCROACHMENT PERMITS 28. All necessary grading permit requirements shall have been completed and approved to the satisfaction of the Department of Public Works. 29. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: Flowline grades shall be 0.5% minimum over P~C.C. and 1.00% minimum .over · A.C. paving. Street lights shall be installed along the public streets adjoining the Bite in accordance with Ordinance 461 end shall be shown on the improvement plans as directed by the Department of Public Works. Ce All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. 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. ke All concentrated drainage directed towards the public street shall be conveyed through undersidewalk drains. · 30. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans' in accordance with City Standard 207 and 208. 31. All driveways shall be located a minimum of two (2) feet from the side property line. 32. All utility systems including gas, electric, telephone, water, sewer, and cable 'IV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or ~ecurity systems shall be pre-wired in the residence. 33. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. PRIOR TO RECORDATION OF RNAL MAP 34. An access easement 20 feet in width along the westerly boundary line of Parcel I shall be reserved in favor of the northerly portion of parcel 1 of Parcel Map 13888, PM Book 104/10-11. 35. Easements, when required for roadway ~lopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." R:~S~STAFFRFT~4633.COA 2/23/93 Idb 36. 37. The developer shall comply with all constraints which may be shown upon an Environmental 'Constraint Sheet recorded with any underlying maps related to the subject property. Prior to recording the final map, the subdivider shall notify the City's CA'IV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO BUILDING PERMIT 38. A precise grading plan shall be;submitted to the Department of Public Works for review and approval.. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 39. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 40. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount' in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy, of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be ~2.00 per square foot, not to exceed ~10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to .the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement~ thef0rmation of any traffic impact fee district, or the process, levy,-or Collection of any traffic mitigation or traffic impact fee for this project; provided 'that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY 41. 42. All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. Landscaping installed in the corner cu~off area of all intersection and adjacent to driveways shall be reviewed and approved in the field for minimum sight distance as directed by the Department of Public Works. R:~S~STAFFRPT~24633.COA 2/23/93 Idb 43. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. COMMUNITY SERVICES DEPARTMENT 44. Upon the request of a building permit for construction of residential structures on one or more of the parcels within four years following approval of tentative map, parcel map, Or planned development, real estate development, stock cooperative,Community apartment project and condcminium for which a tentative map or'parcel map is filed, a predetermined Quimby Act Fee in the amount equal to the fair mar. ket value of required acreage shall be paid by the owner of each such parcel(s) as a condition to the issuance of such permit as authorized by City Ordinance No. 460.93. OTHER AGENCIES 45. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated September 29, 1992, a copy of which is attached. R:~S~STAFFRFT~4633.COA 2/22/93 Idb Itan 0 O~cers: John F. Hennigar General Manager Phillip L Forl>es Direaor oF Finance - E, P, 'Bob" Lemons Director of Keueth C, & Msin~nan~ Pe~ ~ ~uck Controller ~nda ~. ~al September 29, 1992 RECEIVED OCT O 1 1992 Mr. Matthew Fagan .City. of Temeeula Planning Department 43174 Business Park Drive Temecula, CA 92590 Water Availability Parcel Map 24633 First Extension of Time Dear Mr. Fagan: Please be advised that the above-referenced property Ls located witbjn the boundaries of Rancho CaLifornia Water District CRCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, ff any, to If you have any questions, please contact Ms. Senga Doherty. Sirxce~ely,. RANCHO CALIFORNIA WATER DISTPdCT Steve Brannon, P. E. Manager of Development Engineering SB:SD:aj300/F186 cc: Senga Doherty, Engineering Technician Rancho California Water District · :2,.A,il l)mz R4,ld , I~,:~ 411111~ I~,,x 9(117 * Temtq.'ula. ('ali&,nml .tr~'~49-!lllI7 * ,711HIT5--IIIl! · FAX ,71-1,4571;-4161~ CITY OF TEMECULA PLANNING DEPARTMENT CONDITIONS OF APPROVAL Tentative Parcel Map No. 24633 Commission Approval Date: October 15, 1990 Expiration Date: October25, 1992 Planninq Department 1. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 24633, which action is brought within the timeperiod provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 2. The tentative parcel map shall conform 'to the requirements of Ordinance 460, Schedule G unless modified by the conditions listed below. This approved tentative parcel map will expire two years after the Planning Commission approval date unless extended as provided by Ordinance 3. The final map shall be prepared by a registered civil engineer or licensed land surveyor subject to all the requirements of the State of California Subd!vision Map Act, Riverside county Subdivision Ordinance q450, All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offerr. All dedications shall be free from all encumbrances as approved by the City. Street names shall be subject to approval of the City of Temecula. 5. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if within the land division boundary. All offers of dedication shall provide for nonexclusive public road and utility access. All easements, offers of dedication and conveyances shall be submitted and recorded as directed by the City of Temecula. 6. Legal access as required by Ordinance 460 shall be provided from the parcel map boundary to a City maintained road. STAFFRPT\PM24633 1 10. 11. 12. 13. 14. 15. 16. 17. All delinquent property taxes shall be paid prior to recordation of the final map. The subdivide shall comply with the environmental health recommendations outlined in the County Health Department's Transmittal dated 12-5-89, a copy of which is attached. The subdivider shai) comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated 1-6-90 a copy of which is attached. If the land division iies within an adopted flood contrel drainage area pursuant to Section 10.25 of Riverside County Land Division Ordinance ~60, appropriate fees for the construction of area drainage facilities shall be collected by the Road Commissioner prior to recordation of the final map or waiver of parcel map. The subdivider shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated 5-u,-90, a copy of which is attached· The subdivider shall comply with the recommendations outlined in the Building and Safety Department: Land Use Section's transmittal dated 3-6-90, a copy of which is attached. The subdivider shall comply with the recommendations outlined in the Building and Safety Department: Grading Section's transmittal dated 3-19-90, a copy of which is attached. The subdivider shall comply with the recommendations outlined in the San Bernardino County Museum transmittal dated 7-:28-90, a copy of which is attached. Prior to issuance of building permits, applicant shall be required to pay applicable Quimby fees in accordance with,Section 10.35 of Ordinance Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance· Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution- Lots created by this subdivision shall be in conformance with the development standards of the R-R zone. An Environmental Constraints Sheet (ECS) shall be prepared with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. PriOr to the recordation of the final map, a coy of the ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following note(s) shall be placed on the Environmental Constraints Sheet. a. "This property is located within thirty 130) miles of Mount Palomar STAFFRPT\PM244i33 2 Observatory. Light and glare may adversely impact operations at the Observatory- Outdoor lighting shall be from low pressure sodium lamps that are oriented and shielded to prevent direct illumination above the horizontal plane passing through the luminare." Indicate the availability of domestic water services to the subject property as of the date of recordation of the final map. The following note shall be placed on the final map: Constraints affecting this property are shown on the accompanying Environmental Constraints Sheet, the original of which is on file at the office of the City Engineer. These constraints affect all parcels. Enqineerinq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Covernment Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. it is understood that the Developer correctiy ,shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. PRIOR TO FINAL MAP APPROVAL: 18. Prior to fi nal map approval, the developer shall receive written clearance from the following agencies: - Rancho California Water District; - Riverside County Flood Control District; - City of Temecula Fire Bureau; - Planning Department; - Engineering Department; - Riverside County Health Department; and - CATV Franchise. 19. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. 460. 20. The subdivider shall construct or post security guaranteeing the construction of the following public improvements in conformance with applicable City standards. 'a. Street improvements, including, but not limited to: pavement, curb and gutter, drive approaches, street lights, signing, and striping. b. A domestic water system. STAFFRPT\PM24633 3 21. The subdivider shall provide bonds and agreement, clearances from all applicable agencies and pay all fees prior to the approval of the final map. 22, The street design and improvement concept of this project shall be coordinated with adjoining developments. 23. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No, 461 and as approved by the City Engineer. 24. Prior to recordation of the final map, the developer shall deposit with the Engineering Department a cash sum established per lot as mitigation for s traffic signal impact. 25. Should th~ developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. The subdivider shall submit four copies of a soils report to the Engineering Department. The report shall address the soils stability and geological · conditions of the site. 27. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the City Engineerrs Office, in addition to any other permits required. 28. Street improvement plans including parkway trees and street lights prepared by a Registered Civil Engineer and approved by the City Engineer shall be required for all public streets prior to issuance of an encroachment permit. Final plans and profiles shall show the location of existing utility facilities within the right-of-way. 2b. All driveways shall be located a minimum of two {2) feet from the property line. 30. All driveways shall be constructed. along all public street frontages in accordance with City Standard Nos. ~00 and L~01 {curb sidewalk). 31. A minimum centerline grade shall be 0.50 percent. 32. The required improvements as reflected in the following conditions shall be completed prior to issuance of Certificates of Occupancy. The improvements are required based on the following findings: a. The improvements are a necessary prerequisite to the orderly development of the surrounding area... b. The improvements are necessary for the public health and safety. STAFFRPT\PM24633 L~ 33. Estero Street shall be improved with full street improvements within the dedicated right-of-way in accordance with County Standard No. 105, Section B [36/60) with concrete curb and gutter. The developer shall enter into a reimbursement agreement with the City for the construction of Estero Street east of Ormsby Road. Parcel 2 and Parcel i~ of Parcel Map No. 16705 shall be required to reimburse the developer for the cost of design and construction of Estero Street within their frontage prior to any permit issuance or prior to any subdivision approval. 34. A driveway approach shall be provided on Estero Street for the private drive on Parcel 1. 35. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as appro~/ed by the City Engineer. 36. Prior to final map. the subdivider shall notify the City's CATV Franchises of the intent to develop. Conduit shall be installed to CATV Standards prior to issuance of Certificates of Occupancy- PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 37. Construct half street improvements including but not limited to, curb and gutter, A.C. pavement, drive approaches, parkway trees and street lights within the parcel map boundary in accordance with Riverside County Standard No. 105, Section B 136/60). 38. All street improvements shall be installed to the satisfaction of the City Engineer. 39. Aspbaltic emulsion Ifo9 seal) shall be applied not less than lzi days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. 40. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated [assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. STAFFRPT\PM2L~633 5 Transportation Enqlneerinq PRIOR TO RECORDATION: 41. A signing and striping plan shall be designed by a registered Traffic Engineer, and approved by the City Engineer, and shall be included in the street improvement plans. 42. Prior to designing any of. the above plans, contact Transportation Engineering for the design criteria. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 43. All signing and striping shall be installed per the City standards and the approved signing and striping plan. 44. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developerms SUCCessOrls' in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. STAFFRPT\PM24633 RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION CLF. N J. NEWMAN fIRE CHIEF May 4, 1990 PLANNING & ENGINEERING 46409 OASIS STREET, SUITE 405 INDIO. CA 9220I (619) 341-8886 TO: PLANNING DEPARTMENT PLANNING & ENGINEERING 3760 I2.'II-I STREET RIVERSID.F, CA 9zS0t (714) 787-6606 . ATTN: DIVINE KIRKSEY RE: PARCEL MA~ 24633 - AMENDED 41 - ROAD CORRECTION ~1 Wieh re;pect to the conditions of approval for the above referenced land division, ,the Fire Department recommends the following fire protection measures be provided in accordance wi~h Riverside County Ordinances and/or recognized fire protection s6andards: FIRE pROTECTION Schedule "G" fire protection approved standard fire hydrants, (6"x4"x2~") located one a= each streee intersection and spaced no more than 660 fact apar~ in any direction, with no portion of any lot frontage more than 330 feet from a hydrant. Minimum fire flow shall be 1000 GPM for 2 hours duration at 20 PSI. Applicant/developer shall furnish one copy of the we=or system plans to the Fire Department for review. Plans shall conform to fire hydrant types, loca=ion ~nd spacing, and, the system shall meet thd fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify ~hat the design of the water 'system is in accordance with the requirements prescribed by the Riverside County Fire Dept." The required water system including fire hydrants shall be installed and accepted by the appropriate water agencyprior to any combustible building material being placed. on an individual lot. MITIGATION Prior t~ the recordation of the final map, the developer shall deposit with the Riverside County Fire Department, a cash sum o~;$400.00 per lot/unit as mitigation for'fire protection impacts. HAZARDOUS FIRE AREA The land division is located in the "Hazardous Fire Area" of Riverside County as shown on a map on file with the Clerk of the Board of Supervisors- Any ~ building constructed on lots created by this' land division shall comply with the special ~onstruction provisions contained in Riverside County Ordinance 546. ~ RE: PM 24633 Page 2 All questions regardinE the meaning of the conditions shall be referred to the Fire Department Planning and Engineering staff. RAYMOND H. KEGIS Chief Fire Department Planner By Kurt Mantwell, Fire Safety Specialist ml KENNETH L. EDWARDS 1995 MARKET STREET P,O. BOX 1033 TELEPHONE (714) 787-2015 FAX NO. (714) 788-9965 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RIVERSIDE. CALIFORNIA 92502 Riverside County P1 anning Department County Administrative Center Riverside, California Attention: Regional Team No. Planner '~>j~,- ~i,~-s~ ~.,~,_=t Ho. / Area: We have reviewed this case and have the following comments: v-//~Except for nuisance nature local runoff which may traverse portions of the property the project is considered free from ordinary storm flood hazard. However, a storm of unusual magnitude could cause some damage. New construc- tion should comply with all applicable ordinances. The topography of the area consists of well defined ridges and natural water- ' courses which traverse the property. There is adequate area outside of the natural watercourses for building sites. The natural watercourses should be kept free of buildings and obstructions in order to maintain the natural drainage patterns of the area and to prevent flood damage to new buildings. A note should be placed on an environmental constraint sheet stating, "All new ' buildings shall be floodproofed by elevating the finished floors a minimum of 18 inches above adjacent ground surface. Erosion protection shall be provided for mobi 1 e home supports." v//'Thi s project i s in the houz~cTA cY-~=~-/T~ccu~ ~Z~_uC-r ~j~r . Area drainage plan fees shall be paid in accordance with the applicable rules and regulations. The proposed zoning is consistent with existing flood hazards.' Some flood control facilities or floodproofing may be required to fully develop to the implied density. The District's report dated is still current for this project. The District does not 'object to the proposed minor change. This project is a part of ' ect will be accordance with approved plans. The attached comments apply. cc: I~EI, IF_SH ENGt~ECF-t~G ~ry rt~Li~, · I v ' ~n i neer COUNTY OF RIVERSIDE BUILDING AND SAFETY DEPARTMENT GRADING SECTION TO: FROH: DATE: RE: APN: PLANNING / DIANE KIRKSEY TONY HARMON ~,, Harch 19, 1990 PH 24633 AHENDHENT ~ 1 923-370-010-,022 The "Grading Section" has reviewed a conceptual grading plan for this site. The plan is acceptable. Consequently, the "Grading Section" recommends approval of this project if the following conditions are included. Prior to commencing any grading in excess of 50 cubic yards, the applicant shall obtain a grading permit and approval to construct from the Building and Safety Department. All grading shall conform to Chapter 70 of .the 1988 Uniform Building Code as amended by Ordinance 457.?3. Prior to issuance of any building permit, the property owner shall obtain a grading permit and approval to construct from the Building and Safety Department. Prior to obtaining any further permits, provide verification that any existing grading was permitted and that approval to construct was obtained from the Building and Safety Department~ Plant and irrigate fill slopes greater than or equal to 3' and/or cut slopes greater than or equal to 5' in vertical height with grass or ground cover. Slopes that exceed 15' in Vertical height are to be 'provided with shrubs and/or trees per count ordinance 457, see form 284- 47. Grading in excess of 199 cubic yards will require performance security to be posted with the Building and Safety.department- NOTE: For the final grading plan, please provide the applicable information form Building .and Safety Department grading forms: 284-120, 284-21,284-86, and 284-46. These forms are available at all Building and' Safety Offices- SAN I::RNARDINO COUN fY MUSEUM 202 '~ge Tree Lane , Redlends. CA 92374 ,"'4., .Z-1334 * 792-0052 * 825-4825 · 825-4823 COUNTY OF SAN BERNARDINO GENERAL SERVICES AGENCY DR. ALLAN O. GRIESEMER Director July 28, 199U City of Temecula Development Review Committee 'remecula Planning Department 43180 Business Park Drive Temecula, CA 92390 re: PALEON'I'OLOGIC SENSITIVITY REVIEW Thank you for the opportunity to comment on nonrenewable paleontologic resources within the City of Temecula. The museum generally reviews proposed developments on an individual basis. This review, however, will 'summarized cases following the August 2 agentis you forwarded in order to insure a timely response. C.U.P. No. 1 No recommendations are offered in regard to paleontologic resources. e T.P.M. 23969 No recommendations are offered in regard to paleontologic resources. e TT 25443 The parcel is located on the fossiliferous Pauba Formation. Construction excavation will impact nonrenewable paleontologic resources. The developer must retain a qualified vertebrate paleontologist to develop a site-specific program to mitigate impacts to paleontologic resources. This program should include: (1} monitoring of excavation by a qualified paleontologic monitor; (2~ preparation of recovered specimens, including sediment processing for small vertebrate fossils; curation of specimens into. an established repository; and {41 a report of findings with complete specimen inventory. TT Map 25603 The parcel is located on the fossiliferous Pauba Formation. Construction excavation will impact nonrenewable paleontologic resources. The developer must retain a qualified vertebrate paleontologist to develop a site-specific program to mitigate impacts to paleontologic resources. This program should include: {1} monitoring of excavation by a qualified paleontologic monitor; {2} preparation of recovered specimens, including sediment processing for small vertebrate fossils; {3} curation of specimens into an ~stablished. repository; and {4} a report of findings with complete specimen inventory. e PM 24633 The parcel is located on the foesiliferous Pauba Formation. Construction excavation will impact nonrenewable paleontologic resources. The developer must retain a qualified vertebrate paleontologist to (:lty of Temecuia palco. r;vtew p. 2 develop a site-specific pr.ogram to mitigate impacts to paleontologic resources. This program should include: {1} monitoring of excavation by a qualified paleontologic mon{tor; {2} preparation of recovered specimens, including sediment processing for small vertebrate fossils; curation of specimens into an established repository; and (4) a report of findings with complete specimen inventory. PP 74 No recommendations are offered in regard to paleontologic resources. PP 86 No recommendations are offered in regard to paleontologic resources. PP 76 The parcel is located on the fossiliferous Pauba Formation. Construction excavation will impact nonrenewable paleontologic resources. The developer must retain a qualified vertebrate paleontologist to , develop a site-specific program to mitigate impa~ts to paleontologic resources. This program should include: {1) monitoring of excavation by a qualified paleontologic monitor; {2) preparation of recovered specimens, including sediment processing for small vertebrate fossils; (3) curation of specimens into an established repository; and (4} a report of findings with complete specimen inventory. Robert E. Reynolds Cu,'ator, Ear'-h Sciences San Bernardino County Museum CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 24633 IMPROVEMENTS Street and Drainage Water Sewer TOTAL Maintenance Retention DATE: June 14, 1994 FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY 0.00 ~ 0.00 0.00 0.00 0.00 0.00 0.00 $ 0.00 0.00 Monument Security $ 0.00 Note: Public improvements associated with this parcel map have been constructed, therefore bonds are not required. DEVELOPMENT FEES City Traffic Signing and Striping Costs Flood Control (ADP) Fee - paid Fire Mitigation Fee - paid Signal Mitigation Fee - paid Road and Bridge Benefit Fee Other 'Development Fees SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Inspection Fee Monument Inspection Fee Fees Paid To Date Balance of Fees Due · T.B.D. - To Be Determined 0.00 2,758.00 800.00 300.00 N/A T.B.D* 56.00 4.00 790.00 N/A 250.00 100.00 0.00 r.%agdrpt%94\0614~prn24633.agnlajp MARKHAM & ASSOCIATES 13~k~pm~l C~nsullanl~ May 17, 1994 City of Temecula Tim Serlet, City Engineer 43174 Business Park Dr. Temecula, CA 92590 SUbject: PM 24533 - Paine Condition 33 ' - Reimbursement Estero Street and Ormsby Road Map Recordation Dear Tim: The applicant agrees to proceed with the recordation of the subject map at the City Council meeting of May 25, 1994, with the understanding that the mechanism to accomplish the re~eement has not been completed. The applicant and the City of Temecula agree to continue in good faith to complete the reimbursement requirement of condition 33 and that the condition is to the benefit of the applicant. Sincerely, ,M~LKHAM &.. SSOCIATES ry R. Markham pal attachment cc: N.J. Paine 41750 Winchester Road, Sult~ N · Tcmecuta, California 92590 - (909) 676-6672 · FAX (909) 699-I848 30SS~ ~ WdH>~W ~T :88 ~6, L~ N~f · ITEM :'N O. 12 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICI~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Tim D. Serlet, Director Of Public Works/City Engineer June 14, 1994 Bond Reduction and Substitute Subdivision Improvement Agreement and new Public Improvement Bonds in Tract No. 22915-2. AI PREPARED BY: bert Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE a sixty-five (65) percent reduction in Faithful Performance Street, Water, and Sewer improvement bond amounts, ACCEPT the substitute Subdivision Improvement Agreement and new Public Improvement Bonds in Tract No. 22915-2, and DIRECT the City Clerk to so advise the Developer and Surety· BACKGROUND: On May .8, 1990, the Riverside County Road Commissioner and Deputy Clerk of the Board of Supervisors approved Tract No. 22915-2 on behalf of the City of Temecula. Subdivision Agreements and Surety Bonds were submitted by: Tayco (Joint Venture of Taylor Woodrow Homes & Cosrain Homes, Inc.) 4921 Birch Street, Suite 110 Newport Beach, CA 92660 For the improvement of streets, installation of sewer and water systems, and subdivision monumentation. Acoompanying the subdivision agreements were surety bonds issued by American Home Assurance Company as follows: 2. 3. 4. Bond No. PB 300 11 964 in the amount of $1,792,500to cover street improvements. Bond No. PB 300 11 964 in the amount of $109,500 to cover water improvements. Bond No. PB 300 11 964 in the amount of $185,500to cover sewer improvements· Bond No. PB 300 11 964 in'the amount of $1,043,750to cover material and labor for street, weter, end sewer improvements. r:%agdrpt%94~O614~tr22915-21ac 5. Bond No. PB 300 11 965 in the amount of $40,000 to cover subdivision monumentation. Effective December 31, 1993,' Costain Homes Inc. withdrew from the joint venture partnership. The subject Tract No. 22915-2is one of three for which Costain Homes Inc. has become the sole developer; Costain Homes Inc. has executed a new agreement and submitted new bonds reduced as appropriate per requested reduction for City Council acceptance. Staff has inspected and verified the percentage of public improvements completed, and has reviewed the status of water and sewer improvement with the several water districts (Eastern Municipal Water District for sewers, Rancho California Water District for water). The Public Works Department therefore recommends reduction of $1,356,875in the Faithful Performance Bond amounts. The remaining amount is sufficient to cover both the remaining work and provide the minimum warranty bond level of ten (10%) of the original Faithful Performance bond amounts. Therefore, it is appropriate to reduce the Faithful Performance Bond amounts as follows: Street, Water, and Sewer Improvements. $1,356,875 The subdivider is therefore submitting a replacement Faithful Performance Bond posted by the new surety, American Motclrists Insurance Company, in the following reduced amount: Streets, Water, and Sewer Improvements Bond No. 3SM 802 895 00 $730,625 The subdivider is also submitting replacement bonds in the full amount for the following items: Labor and Materials Bond No. 3SM 802 895 00 $1,043,750 Subdivision Monumentation Bond No. 3SM 802 669 00 $40,000 There are no releases permitted in the Monumentation Bond or Labor and Materials Bond until all work is completed or until the lien period following City Council acceptance of the improvements has expired. All releases are authorized' by City Council action. The affected streets, although not completed nor accepted, are Corte Palacio, Camino Casana, and Via Balderama, and a portion of Butterfield Stage Road, Rancho Vista Road, Camino Nunez, Corte Lapa,. and Via Vasquez. Attachment: Location Map Replacement Public Improvement Bonds Substitute Agreement r:%agd rpt\94%O614\tr22915-21ac TRACT -NO. 22_.915- 2 Location Map ITEM NO. 13 APPROVAT .~ CITY ATTORNEY FINANCE OFFIC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City' Council/City Manager /~ Tim D. Serlet, Director of Public Works/City Engineer DATE: June 14, 1994 SUBJECT: Substitute Subdivision Improvement Agreement and Public Improvement Bond Riders in Tract No. 22916-2 PREPARED BY: 0~Albert Crisp, Permit Engineer RECOMMENDATION: That the City Council ACCEPT substitute Subdivision Improvement Agreement and riders to Faithful Performance and Labor and Material Bonds for Street, Water, and Sewer Improvements, and Subdivision Monumentation Bond Rider in Tract No. 22916-2, and DIRECT the City Clerk to so advise the Developer and Surety· BACKGROUND: On September 18, 1990,the City Council approved Tract Map No. 22916-2, and entered into subdivision agreements with: Tayco (Joint Venture of Taylor Woodrow Homes & Cosrain Homes, Inc.) 4921 Birch Street, Suite 110 Newport Beach, CA 92660 for the improvement of streets, installation of sewer and water systems, and subdivision monumentation. Accompanying the subdivision agreements were surety bonds issued by American Home Assurance Company as follows: Bond No. PB 300 12 676 in the amount of $372,000to cover street improvements. : Bond No. PB 300 12 676 in the amount of $50,500 to cover water improvements. 3. Bond No. PB 300 12 676 in the amount of $56,000 to cover sewer improvements. Bond No. PB 300 12 676 in the amount of $239,250 to cover labor and material for street, water, and sewer improvements. r:~agdrpt~94~0614~tr22916-2 06011ac 5. Bond No. PB 300 13 183 in the amount of $10,944 to cover subdivision monumentation. Effective December 31, 1993, Cosrain Homes Inc. withdrew from the joint venture partnership. The name of the new partnership is Tayco, a California General Partnership (comprised of Taylor Wood~ow Homes California Limited, a California Corporation, and Taylor Woodrow Real Estate, a California Corporation). The new partnership has executed a new agreement and submitted riders to the Bonds for City Council acceptance. The Surety and the bond amounts remain the same. The riders reflect the change in principal. The affected streets, although not completed nor accepted, are Corte Carmela and Via Reina, and a portion of Meadows Parkway. Attachment: Location Map Riders to Public Improvement Bonds Substitute Agreement r:~agdrpt~94\O614%tr22916-2 06011~ NoT To~_rA L ~ I; ~fo~ec_'t Site ~ PAUl4 ~OA~. TRACT NO. 22916 - 2 Location Map ITEM:NO. lz!- APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Tim D. Serlet, Director of Public Works/City Engineer June 14, 1994 Bond Reduction and Substitute Subdivision Improvement Agreement and new Public Improvement Bonds in Tract No. 22915-3 PREPARED BY: ~'/A!bert Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE a fifty-three (53) percent reduction in Faithful Performance Street, Water, and Sewer improvement bond amounts, ACCEPT the substitute Subdivision Improvement Agreement and new Public Improvement Bonds in Tract No. 22915-3, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On May 8, 1990, the Riverside County Road Commissioner and Deputy Clerk of the Board of Supervisors approved Tract No. 22915-3 'on behalf of the City of Temecula. Subdivision Agreements and Surety Bonds were submitted by: Tayco (Joint Venture of Taylor Woodrow Homes & Costain Homes, inc.) 4921 Birch Street, Suite 110 Newport Beach, CA 92660 for the improvement-of streets, installation of sewer and water systems, and subdivision monumentation. Accompanying the subdivision agreements were surety bonds issued by American Home Assurance Company as follows: 1. Bond No. PB 300 11 967 in the amount'of $907,000 to cover street improvements. Bond No. PB 300 11 967 in the amount of $67,000 to cover water improvements. Bond No. PB 300 11 967 in the amount of $110,000to cover sewer improvements. Bond No. PB 300 11 967 in the amount of $542,000 to cover material and labor for street, water, and sewer improvements. r:\agdrpt~94~0614\tr22915-3 O6021ac 5. Bond No. PB 300 11 968 in the amount of $26,400 to cover subdivision monumentation. Effective December 31, 1993, Costain Homes Inc. withdrew from the joint venture partnership. The subject Tract No. 22915-3 is one of three for which Cosrain Homes Inc. has become the sole developer.' Costain Homes Inc. has executed a new agreement and submitted Public Improvement Bonds reduced as appropriate per requested reduction for City Council acceptance. Staff has inspected and verified the amount of public improvements completed, and has reviewed the status of water and sewer improvement with the several water districts (Eastern Municipal Water District for sewers, Rancho California Water District for water). The Public Works Department therefore recommends reduction of 8579,800 in the Faithful Performance Bond Amounts. The remaining amount is sufficient to cover both the remaining work and provide the minimum warranty bond level of ten percent (10%) of the original Faithful Performance bond amounts. Therefore, it is appropriate to reduce the Faithful Performance Bond amounts as follows: Street, Water, and Sewer Improvements $579,800 The subdivider is therefore submitting a replacement Faithful Performance Bond posted by the new surety, American Motorists Insurance Company, in the following reduced amount: Streets, Water, and Sewer Bond No. 3SM 802 894 00 $504,200 The subdivider is also submitting replacement bonds in the full amount for the following items: Labor and Materials Bond No. 3SM 802 894 00 -$542,000 Subdivision Monumentation Bond No. 3SM 802 670 00 $26,400 There are no releases permitted in the Monumentation Bond or Labor and Materials Bond until all work is completed or until the lien period following City Council acceptance of the Improvements has expired. All releases are authorized by City Council action. The affected streets, although not completed nor accepted, are Corte Florecita, and a portion of Meadows Parkway, Camino Nunez, and Camino De La Torre. Attachment: Location Map ReplaCement Public Improvement Bonds Substitute Agreement r:%agdrpt~.94%0614\tr22915-3 O6021ec '.'/ TRACT NO. 22915-5 Location Map ITEM NO. 15 APPROV~r. ,~~ CITY ATTORNEY FINANCE OFFICEI~ ~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Tim D. Serlet, Director of Public Works/City Engineer June 14, 1994 Substitute Subdivision Improvement Agreement and Replacement Public Improvement Bonds in Tract No. 22916-3 PREPARED BY: Of/Albert Crisp, Permit Engineer RECOMMENDATION: That the City Council ACCEPT substitute Subdivision Improvement Agreement and replacement of Faithful Performance and Labor and Material Bonds for Street, Water and Sewer Improvements, and Subdivision Monumentation Bond in Tract No. 22916-3, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On September 18, 1990, the City Council approved Tract Map No. 22916-3, and entered into subdivision agreements with: Tayco (Joint Venture of Taylor Woodrow Homes & Cosrain Homes, Inc.) 4921 Birch Street, Suite 110 Newport Beach, CA 92660 for the improvement of streets, installation of sewer and water systems, and subdivision monumentation. ACcompanying the subdivision agreements were surety bonds issued by American Home AssOrance Company as follows: Bond No. PB 300 12 677 in the amount of $1,226,000to cover street improvements. Bond No. PB 300 12 677 in the amount of $115,000 to cover water improvements. 3. Bond No. PB 300 12 677 in the amount of $139,000to cover sewer improvements. e Bond No. PB 300 12 677 in the amount of $740,000 to cover labor and material for street, water, and sewer improvements. r:~egdrpt~94~O614~tr22916-3 O6021ec 5. Bond No. PB 300 13 184 in the amount of $23,940 to cover subdivision monumentation. Effective December 31, 1993, Costain Homes Inc. withdrew from the joint venture partnership. The subject Tract 22916-3 is one of three for which Cosrain Homes Inc. has become the sole developer.' Costain Homes Inc. has executed a new agreement and submitted new Bonds in the full amount in substitution for City Council acceptance. The new bonds are posted by American Motorists Insurance Company as follows: Faithful Performance Bond No. 3SM 802 784 00 for Streets, Water, and Sewer Improvements in the amount of $1,480,000. o Labor and Materials Bond No. 3SM 802 78.4 00 for Streets, Water, and Sewer Improvements in the amount of $740,000. e Subdivision Monument Bond No. 3SM 802 670 00 for Subdivision Monumentation in the amount of $26,400. The affected streets, although not completed nor accepted, are Corte Zamora and Camino Merano, and a portion of Camino Nunez, Corte Parado, Pauba Road, and Butterfield Stage Road· Attachment: Location Map Replacement Bonds Substitute Agreement r:\agdrpt%94%0614\tr22916-3 06021ac Zh, -~, ZANO~A ~ pAUBA TRACT NO. 22916 Location Ma. ITEM 16 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Tim D. Serlet, Director of Public Works/City Engineer June 14, 1994 Award Bid to Remove Three (3) Desilting Ponds along with Debris and Sediment in the Santiago Channel from Vallejo Avenue to John Warner Road PREPARED BY: Brad Buron, Maintenance Superintendent RECOMMENDATION: That the City Council award bid for removal of sediment and three (3) desilting ponds in Santiago Channel to Moody's Excavating, the lowest responsible bidder, for the sum of $18,534.34. BACKGROUND: In May, 1994the Public Works Department in conformance with the City's current purchasing procedures requested and received informal bids' from three (3) contractors for the following scope of work: e e Drain water (3 ponds) Remove plastic and sand bags and dispose of legally Excavate three (3) feet of silt and debris from entire length of channel (Vallejo Avenue to John Warner Road) Slopes ko be constructed two (2) to one (1) entire length of channel (Vallejo Avenue to John Warner Road) Clear and grub area between cha.nnel and Santiago Road for entire length of channel .' The bids received were as follows: Moody's Excavating, Bonsall Monteleone's Excavating, Murrieta D.R. Schmidt Contractors, Homeland $18,534.34 $23,400.00 $23,400.00 r:~egdrpt~94\0614\channel,bidlajp Moody's Excavating has performed sub-contractor work in the past for the City of Temecula, Public Works Department and we have found their work to be satisfactory. The property owner allows the desilting ponds to be constructed each fall with the understanding that each spring the property will be returned to a natural state. The construction of the basins prevent large quantities of silt from entering the Vallejo Channel and causing a significant maintenance problem. The installation and removal of the desiltation ponds is more cost effective than removing silt from the Vallejo Channel. FISCAL IMPACT: Funds are available in the Public Works Department Drainage Facilities account 100-164-999- 5401 for the proposed work at Santiago Channel. r:%agdrpt~94~0614~chennel.bidlajp ITEM 17 APPROVAL ~ CITY A'r'rORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager /~d Tim D. Serlet, Director of Public Works/City Engineer June 14, 1994 Completion and Acceptance of the Pujol Street and First Street Street Widening, Project No. PW92-09 PREPARED BY: ~ Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the City Council accept the Pujol Street and First Street Street Widening, Project No. PW92-09, as complete and direct the City Clerk to: File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract, and Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. BACKGROUND: On November 23, 1993, the City Council awarded a contract for the Pujol Street and First Street Street Widening, Project No. PW92-09, to IPS Services, Inc. for $73,393.31. The project included installation of curb and gutter, sidewalk, pavement and street lighting along the east side of Pujol Street from the Town Association to First Street. 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 thirty-five (35) days after the Notice of Completion has been recorded. r:~agdrpt%94~0614%pw92-O9 .eccleh FISCAL IMPACT: The contract amount for this project was ~73,393.31 with s contingency of $7,339.33. The total cost of the project decreased by $499.79 due to the asphalt pavement, base material and a.c. berm final quantities. The total construction cost was $72,893.52. This project is a Capital Improvement Project and is being funded from Community Development Block Grant (CDBG) funds. Attachment: Notice of Completion Maintenance Bond Contractor's Affidavit r:~egdrpt~94\0614%p w92-09 .ecc/sh RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 43174 Bueinees P,,~k Drive Temecula, CA 92690 SPACE ABOVE THIS LINE FO~ 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 43174 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to IPS Services, Inc. to perform the following work of improvement: PW92-09 Pujol St. & First St. Street Widening. 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 June 14, 1994. That upon said contract the VIGILANT INSURANCE COMPANY, a New York corporation 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 PW 92-09. STREET. The street address of said property is: INTERSECTION OF PUJOL STREET AND FIRST Dated at Temecula, California, this _ day of ,1994. STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } CITY OF TEMECULA ) ss JUNE S. GREEK, City Clerk I, June S. Greek, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. ; Dated at Temecula, California, this day of , 1994. JUNE S. GREEK, City Clerk FonndCIP-O01 Rev. 12-5-91 pwO4~ow92-O9\completn.not 040694 VIGILANT INSURANCE COMPANY 15 Mountain View Road, R O. Box 1615 Warren, New Jersey 07061-1615 MAINTENANCE BOND EXECUTED .IN TWO COUNTERPARTS Bond No. 89400523-M PREMIUM -NIL- KNOW ALL MEN BY THESE PRESENTS that IPS SERVICES , INC. as Principal. and VIGILANT 'INSURANCE COMPANY, a New York corporation. as Surety. are held and firmly bound unto CITY OF TEMECULA as Obligee, in the sum of SEVEN THOUSAND TWO HUNDRED EIGHTY-NINE AND 35/100--- Dollars ($ 7,28 9.35 ). for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has entered into a written contract dated NOVEMBER 23, 1993 with the Obligee for ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA " m OPTIONAL SECTION County o! RIVERSIDE On.__~Y 3 1 1994 before me. LYNN ItOLHZS, NOTARY PUBLIC NAJdE, TITLE OF O~FICER E G 'JANE DOte. NOTARY PUBLIC' ' ELK:Z B.. HAGEN personally appeared .AMiss, OF S,S.ER,S, [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence Cornre. #946708 to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s). or the entity upon be.half of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. ~ \ SIGN&TUR60~ NOTARY OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Th:xj~ s~J~ute does nol reoA,.re the No~r Io fill mn the data below. do,ng So may Drove m'wakaal:~ek"'PlKla:ansreB/rq°rtlhecl°curnm~t [] INDIVIDUAL I'] CORPORATE. OFFICER(S) TITLE(SI [] PARTNER(S) [] LIMITED [] GENEP~L [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: SIGNER IS REPRESENTING: NAME OF PE~ISI OR ENTITYlIES) THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE 9OCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT · :-~,; ;,=,,e^! trauou,ena reanacnrnem Of rams formSIGNER(S} OTHER THAN NAMED ABOVE - ) VIGILANT INSURANCE COMPANY 15 Mountain View Road. R O. Box 1615 Warren, New Jersey 07061-1615 MAINTENANCE BOND EXECUTED IN TWO COUNTERPARTS Bond No. 89400523-M PREMIUM -NIL- KNOW ALL MEN BY THESE PRESENTS that IPS SERVICES, INC. - - as Principal, and VIGILANT INSURANCE COMPANY. a New York corporation, as Surety, are held and firmly bound unto CITY OF TEMECULA as Obligee. in the sum of SEVEN THOUSAND TWO HUNDRED EIGHTY-NINE AND 35/100--- Dollars ($ 7,28 9.3 5 ), for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has entered into a written contract dated NOVEMBER 23, ! 993 with the Obligee for PROJECT NO. PW92-09, PUJOL STREET AND IST STREET STREET WIDENING and WHEREAS said Principal is required to post a bond to guarantee repair or replacement of faulty material or workmanship for a period of one year from and after the date of acceptance of said work. NOW, THEREFORE, if the said .Principal shall repair or replace any and all defects in said work during the aforesaid period, then this obligation shall be void; otherwise to remain in full force and effect. Signed, sealed and dated MAY 3 I, 1994 IPS by// SERVICES, INC. ="'/"'~ 't .:2 C3..g~ E"' VIGILANT INSURANCE COMPANY L;../ E'r.KE H. [-L~GEN / ""' Attorney in POWER OF ATTORNEY Men by these Presents, That the VIGILANT INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a New York Corpora- and appoinled, and does hereby constitute and appoint William R. Frtis, Marie E. Shreckengast and Elke H. Hagen ?ach its true and lawful Attorney-in-Fact to execute under such designation in its name and to ahrm its corporate seal to and deliver for and on its behalf as -urety thereon or otherwise, bonds or oDligations given or executed in the course of its business, and consents for the release of retained percentages and/or :nal estimates. In WIlMM Whemf, Ihe stud VIGILANT INSURANC~ COMPANY It~. pufsumnl t~ its 8y-IJw~. c~u~e¢l the~e i~,~efta to be ~igaed by its V~ce-Presk~nl ~ Ashatom S~'fm~.~ and i~ corporme se~l ~, N ereto Iffal~ IJ~ 19th d~y ~ November ~9 92 ZATE OF NEW JERSEY } ;ounly of Somerset ss. VIGJLANT INSUR CE COMPANY McCINIIn Vicl.-Prw~Ment O- me 19 th day o[ ~;ove=ber 19 92 . beim me meanally ~CE C~PANY. t~ ~tmtm ~ri~ in a~ ~h ex~ IM J~ P~r of ~. ~ ~GI~ INSURANCE COMPANY ~ k~ the ~ale ~al ~r~t; ~: me sen aff~ to ~ ~Oany. a~ trill he se~ ~ P~er of A~o~y u m~ml ~et~ of sa~ ~y ' ~d ~m~ny. ~ ~at the sagnature ot sa~ ~orge ~lellsn suo~nl to ud P~r of ~ey TATE OF NEW JERSEY ounty of Somerset ~E.RTIFICATION AcknowM~ed ~ Sworn to betore me 3'AN'ET A. SCAVO,N"'~ Notary hbilc, St,,tc of New 3erley .]';o. 206~520 Co~i.i~ ~pi~= O~o~t 2, 1994 I. me u~e~. ~tant ~ of ~ VIGI~NT INSURANCE C~PANY. do MFoDy ~ ~/r ~ ~ ~ I I~ ex~ ~ ~ 8~ of ~ ~ ~y M ~ ~ ~ ~d.of ~r~ ~ JuM 13. 1974 ~ "~TIC~ in the Mm a~ on desrq~t~. extol for m ~m 3 ~, ~y exam ~ s~h ~. u~e~/q ~ ml ~a~ U p~e ~ s~ mlutm ~ ~ of a~. ~urm~rcer~Y~r~sa":~V1G~L'ANT~SU~-~C~C~M~ANYi~u~Y~iixn~d~1z~M1f~c~i~Y~nc~Mm~m~e~ :m mmryo~l~on'~&.ul. etc. lc~ef~mt~ot rm3umm~l byffie l~w,i ofthe UMeCl Sl~lel. Andl~unt~c~rbhfm~NMmgemgPowe~o4A~mnowi~fulllocc~m~lefi~ CALIFORNIA 3 I ST MAY 94 ~etrlD O O CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW92-09 PUJOL ST. & 1ST ST. STREET WIDENING This is to certify that TPS s~vIcss, 'rNC. ,(hereinafterthe"undersigned") declares to the City of Temecula, under oath, tha:t it has paid in full for all materials, supplies,' labor, services, tools, equipment, and all other bills contracted for by the undersigned or by any of the undersigned's agents, employees or subcontractors used or in contribution to the execution of its 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. PVV92-09, PUJOL ST. & 1ST ST. STREET VVIDENING, situated in the City of Temecula, State of California, more particularly described as follows: Installation of curb and gutter, a.c. dike, sidewalk, a.c. driveway, access ramp, cross-gutter, A.C. pavement and aggregate base and pavement removals, excavation and fill operations, and other ancDlary works near and at the intersection of Pujol S~'eet and 1st Sl~eet- The undersigned 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 of any unpaid sums owing to the undersigned. Further, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned 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 causes of action which exist or might exist in favor of the undersigned by reason of the Contract executed between the undersigned and the City of Temecula or which relate in any way to the work performed by the undersigned with regard to the above-referenced construction project. Further, the undersigned expressly acknowledges its awareness of, and waives the benefits of, Section '1542 of the Civil Code of the State of California which provides: "A general release · does not ex~end to claims which the 'creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially effected his settlement with the debtor." This release is intended to be a full and general release of any and all claims which the undersigned now has or may, in the future, have against the City of Temecula and/or its agents and employees with regard to any matter arising from the construction of the above-referenced project or the Contract between th'e City of Temecula and the Contractor with respect theretO, whether such claims are now known or unknown or are suspected or unsuspected. ._ · Dated: ~ 1, 1994 Signature "' MIKE DOUCETTE, VICE-PRESIDENT Print ~ame and Title RELEASE R-1 pw01~pw92-O9%bidpkO 109593 ITEM NO. 18 TO,' FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager /l~Tim' D. Serlet, Director of Public Works/City Engineer June 16, 1994 Solicitation of ConstructiOn Bids for the Installation of Traffic Signal and Vehicle Pre-Emption Equipment, Project No. PW94-05 PREPARED BY: Martin C. Lauber, Traffic Engineer RECOMMENDATION: That the City Council approve the Construction Plans and Specifications and authorize the Public Works Department to solicit public construction bids for providing and installing Traffic Signal Pre-Emption equipment at the intersections of Rancho California Road and Front Street, Rancho California Road and Diaz Road, Margarita Road and Rancho Vista Road, Margarita Road and Moraga Road, and the providing and installing of Vehicle Pre-Emption equipment on nine (9) Fire Department vehicles. Project No. PW94-05. BACKGROUND: The plans, specifications and contract documents have been completed and the project is ready to be advertised for construction bids. The project includes the installation of Traffic Signal Emergency Pre-Emption equipment at four (4) signalized intersections and Vehicle Emergency Pre-Emption equipment on nine (9) Fire Department vehicles. All vehicle mounted Pre-Emption equipment (emitters) will be removable due to possible vehicle re-asignments. With these installations the City will have a complete operating Emergency Pre-Emption System. All signalized intersections within the City will be equipped with the exception of Jefferson Avenue and Winchester Road, and Winchester Road and the I-15 ramps. These intersections will be improved with Pre-Emption equipment in connection with the minor Winchester Road widbning in August, 1994. The Engineer's Estimate for the project is $43,1.22.00. ., FISCAL IMPACT: This is a Capital Improvement Project and will be funded through Development Impact Fees. -1- r:\agdrpt%94%0614%opticom.eiglajp ITEM 19 APPROVAT .,~ CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Tim D. Serlet, Director of'Public Works/City Engineer June 14, 1994 Contract for Professional Services with C.M. "Max" Gilliss RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the Professional Services Agreement with C.M. "Max" Gilliss to act as a liaison between the City and government agencies and special interest groups for an amount not to exceed $8,400. BACKGROUND: Staff has the opportunity to utilize the knowledge and experience of .Mr. Gilliss in facilitating communication between various Special Districts, governmental agencies and individual or community special interest groups and the City. Mr. Gilliss has specialized knowledge of the Caltrans bureaucracy and established professional relationships with their management personnel that will provide the City Staff greater. access to the decision makers. Mr. Gilliss has also established a working relationship with existing City Staff. Projects assigned to Mr. Gilliss will include transportation issues, and other matters as designated by the City Manager. Mr. Gilliss will submit monthly status reports as provided in Exhibit "A" of the attached contract. The term of this co~ract will be from June 14, 1994to June 14, 1995. Mr. Gilliss will be reimbursed at a rate o~ $70 per hour for services rendered and at the rate of $35 per hour for travel time. Costs associated with this contract will not exceed $8,400. The contract may be renewed at the option of the City Council. FISCAL IMPACT: Expenditures under this contract will be charged to Account No. 001-110-999-5248and will not exceed $8,400. r:\agdrpt~94%0614\gillis.egrlajp PROFESSIONAL SERVICES This Agreement was made and entered into this 14th day of June, 1994, by and between the City of Temecula ("City"), a municipal corporation, and C.M. 'Max' Gilliss, an individual ("Consultant"). e e The parties hereto mutually agree as follows: Services. COnsultant shall perform the tasks set forth in Exhibit "A" attached hereto. Consultant shall complete the tasks according to the schedule set forth in Exhibit "A". Performance. Consultant shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described her.in. Payment. The City agrees to pay Consultant monthly, at the hourly rates set forth in Exhibit "B" attached hereto, based upon actual time spent on the above tasks. This amount will not exceed $ 8,400 for the total term of the Agreement unless additional payment is approved by the City Council; provided that the City Manager may approve additional payment not to exceed ten percent (10%) of the Agreement; but in no event more than $10,000.00. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice. Amendments. This Agreement may be amended so long as such amendment is in writing and agreed upon by both the City Council and Consultant. Ownership of Documents. Upon satisfactory completion of or in the event of termination, suspension or abandonment of this Agreement, all original documents, designs, drawings, and notes 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. Termination. The City may terminate this Agreement without cause so long as written notice of intent to terminate is given to Consultant at least three (3) days prior to the termination date. In the event of termination, Consultant shall be paid for the services performed. Indemnification. The Consultant agrees to indemnify and save harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense cost, 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 acts or omissions under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. - 1 - r:\agmts\mester~gillis .egrlajp 10. 11. Status of Consultant. Consultant is an independent contractor in 811 respects in the performance of this Agreement and shall not be considered an employee of the City for any purpose. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Tqrm. This Agreement shall commence on June 14, 1994, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 14, 1995. Default. In the event that Consultant is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default. Default shall include not performing the tasks described herein to the reasonable satisfaction of the City Manager of the City. Failure by the Consultant to make progress in the performance of work hereunder, .if such failure arises out of causes beyond his control, and without fault or negligence of the Consultant, shall not be considered a default. Any disputes regarding performance, default or other matters in dispute between the City and the Consultant arising out of this Agreement or breech thereof, shall be resolved by arbitration. The arbitrator's decision shall be final. Consultant shall select an arbitrator from a list provided by the City of three retired judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of Civil Procedure Section 1280, et se~l. City and Consultant shall share the cost of the arbitration equally. NoticeS. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United .States Postal Service addressed as follows: a. City: Attention: City Manager City of Temecula 43174 Business Park Drive 'remecula, CA 92590 Consultant: C.M. "Max" Gilliss 39561 Silverberry Murrieta, CA 92562 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. -2- r:~agmts~'naster%gillis .agrlajp 12. Entire Agreement. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental heret0 supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions, or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. 13. LiabiliW. Except as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant agrees to indemnify, release and hold harmless the City, its officers, agents, employees, and representatives for all claims or losses the City may suffer resulting from any negligent actions or omissions by Consultant. Consultant shall secure workers' compensation insurance. Upon request of Consultant, the City shall add Consultant to the City's workers' compensation policy and the Consultant to the City's workers' compensation policy and the Consultant shall reimburse the City for the cost of said insurance premiums. 14. Licenses. Consultant and subconsultant shall obtain all necessary licenses, including but not limited to, City Business Licenses. The parties hereto have executed this Agreement on the date and year above written. CONSULTANT CITY OF TEMECULA By: C.M. "Max" Gilliss By Ron Roberrs, Mayor APPROVED AS TO FORM: Peter Thorson, City Attorney ATTEST: June S. Greek, City Clerk -3- r:\agrnts\master\gillis .mgr/ajp EXHIBIT "A" TASKS TO BE PERFORMED Consdtant v~ill perform tasks as assigned by the City Manager or his Designee in areas, including, but not limited to local agency liaison, assistance with City, County, Special Districts, State and Federal Agencies, as well as representation to individual, community and special interest groups. The level of representation or investigation will be defined by the City Manager or his designee, as well as the mission and scope of the tasks.. Consultant shall submit written memorandum progress reports to City as directed. EXHIBIT "A" r:~agmts~master\gillis.agr/ajp EXHIBIT "B" PAYMENT SCHEDULE Consultant shall submit itemized invoices monthly for actual services performed. Invoices shall include an itemization of hours worked and services rendered. Consultant shall be reimbursed at the rate of $70 per hour for services rendered and at the rate of $35 per hour for travel time. Hours billed to the City shall not exceed eight hours in a single day. Except for assignments outside Riverside County, Consultant shall be responsible for his own meals and travel expenses. Entertainment expenses incurred in connection with the performance of Consultant'$ tasks shall be the responsibility of Consultant. Consultant will utilize his own automobile in the performance of his duties and provide necessary maintenance, service fuel, and insurance at no cost to the City. Consultant shall furnish his own office, including secretarial services, computer, copier, facsimile, telephone, beeper, answering service, and supplies. EXHIBIT "B" r:\agmts\rnaster\gillis.agrlajp ITEM 20 CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: ~'~2 Tim D. Serlet, Director of Public Works/City Engineer DATE: June 14, 1994 SUBJECT: Solicitation of Construction Bids for the Construction of a Temporary Traffic Signal at Winchester and Nicolas Roads, Project No. PW93-11 PREPARED BY: ~,~-Martin C. Lauber, Traffic Engineer RECOMMENDATION: That the City Council approve the Construction Plans and Specifications and authorize the Public Works Department to solicit public construction bids for the construction of a temporary traffic signal on Winchester and Nicolas Roads, Project No. PW93-11 BACKGROUND: The plans, specifications and contract documents have been completed and the project is ready to be advertised for construction bids. The project is for the construction of a temporary three-way traffic signal at the intersection of Winchester and Nicolas Roads. These improvements are scheduled to be constructed by Assessment District 161. However, the most ambitious estimate for the construction of these improvements to begin is the summer of 1995, with a total construction time of 18 months. The proposed temporary traffic signal project will provide interim traffic control at the intersection of Winchester and Nicolas Roads until the ultimate improvements can be constructed. The Engineer's Estimate for the project is $78,900.00. FISCAL IMPACT: This is a Capital Improvement Project and will be funded through Development Impact Fees. - 1 - r:\agdrpt%94%0614\temptraf,sig/ajp ITEM NO. 21 APPR(~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT June 14, 1994 Change of Zone No. 5570 - Johnson + Johnson a request for the redesignation of three parcels .'from R-A-5 (Residential Agricultural, 5 acre minimum parcel size) to R-3 (General Residential) and C-O (Commercial Office) located at the northeast corner of Ynez and Rancho Vista Roads Prepared By: Matthew Fagan, Assistant Planner RECOMMENDATION: The Planning Commission recommends the City Council: Adopt a resolution entitled: RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING WITHOUT PREJUDICE CHANGE OF ZONE NO. 5570 - A REQUESTTO CHANGE THE ZONE ON THREE PARCELS FROM R-A-5 (RESIDENTIAL AGRICULTURAL 5 ACRE MINIMUM PARCEL SIZE) TO C-O (COMMERCIAL OFFICE) ON PARCELS NO. I AND 3 AND FROM R-A-5 to R-3 (GENERAL RESIDENTIAL) ON PARCEL NO. 2 ON PROPERTY LOCATED AT THE NORTHEASTERN CORNER OF RANCHO VISTA AND YNEZ ROADS AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 944-290-015,944-290-016,AND 944-290-017 BACKGROUND The proposed project is a request for a re-zoning on three parcels; however, Parcel 2 (C-O: Commercial Office) is not consistent with the General Plan Land Use designation of Medium Density Residential (7-12 dwelling units per acre). Consequently, staff could not make the necessary finding that the project is consistent with the City's General Plan. In addition, there were several outstanding environmental issues regarding this property that had not been .adequately addressed (traffic, drainage, biologica. I resources) in the environmental assessment. The Planning Commission denied the project without prejudice by a 4-0 vote at their May 2, 1994 meeting (Commissioner Salyer was absent). Two (2) adjacent residents spoke in support of staff's recommendation for denial without prejudice. Their concerns were based more on development of the site rather than the change of zone request. Staff also received one letter from a resident who was of the same opinion as the speakers. Following the Planning. Commission meeting, one additional letter has been received by Staff in support of staff's recommendation for denial without prejudice for the project (reference Attachment No. R:\STAFFRPT\SSTOCZ,CC 6/6/9/,, ktb 1 4). The applicant was not at the Planning Commission meeting and there was no Commission discussion on this item. FISCAL IMPACT None. Attachments: 2. 3. 4. Resolution No. 94- - Page 3 Planning Commission Staff Report: May 2, 1994- Page 6 Planning Commission Minutes: May 2, 1994- Page 7 Letter to Staff - Page 8 R:\STAFFRPT\SST0CZ.CC 6/6/9~ ktb 2 ATTACHMENT NO. 1 RESOLUTION NO. 94- R:\STAFFRPT\S570CZ,CC 6/6/9~ klb 3 ATrACttMENT NO. 1 RESOLUTION NO. 94- A RESOLUTION OF ~ CITY COUNCIL OF TBT. CITY OF TEMECLL~ DENYING WITHOUT PREJUDICE CHANGE OF ZONE NO, 5570 - A REQUEST TO CHANGE ~ ZONE ON TIIREE PARCI~.LS FROM R-A-5 (RESIDENTIAL AGRICULTURAL .5 ACRE MINIMUM PARCEL SIZE) TO C-O (COMIV~.RC~ OFFICE) ON PARCELS NO, 1 AND 3 AND FROM R-A-5 to R-3 (GENERAL RESIDENTIAL) ON PARCvJ. NO, 2 ON PROPERTY LOCATED AT ~ NORTBv. ASTERN CORNER OF RANCHO VISTA AND YNT.7. ROADS AND KNOWN AS ASSESSOR'S PARCI~.L NUMBERS 944290-015, 944-290-016, AND 944-290-017 WHEREAS, Johnson + Johnson fled Change of Zone No. 5570 in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WItE~, Change of Zone No. 5570 was processed in the time and manner prescribed by State and local hw; WH'EREAS, the Planning Commission considered Change of Zone No. 5570 on May 2, 1994, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or opposition; WttEREAS, at the conclusion of the Commission hearing, the Commission recommended denial without prejudice of Change of Zone No. 5570; WHEREAS, the City Council conducted a public hearing pertaining to Change of Zone No. 5570 on June 14, 1994, at which time interested persons had opportunity to testify either in support or opposition to Change of Zone No. 5570; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Change of Zone No. 5570; NOW, TltF. REFORE, ~ CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. ,° A. The City council in denying the proposed Change of Zone, makes the following findings, to wit: 1. The land use or action is not consistent with the City's General Plan. The project is not consistent with the General Plan Land Use Designation for the site. The project is a request for a redesignation of the zoning on three parcels; however, Parcel 2 (C-O: R:\STAFFRPT\S570CZ.CC 6/6/9~ ktb 4 Commercial Office) is not consistent with the General Plan Land Use designation of Medium Density Residential (7-12 dwelling units per acre). Section 2. Environmental Compliance. This project is a Statutory exemption per Article 18, Section 15270 of the California Environmental Quality Act Guidelines. This Exemption states: "CEQA does not apply to projects which a public agency rejects or disapproves." Section 3. The City Clerk shall certify the adoption of this Resolution. Section 4. PASSED, APPROVED'AND ADOFrED this 14th day of June, 1994. ATTEST: RON ROBPATS MAYOR June S. Greek, City Clerk [SEAL] STATE OF CALIFOR~A) COUNT~ OF RIVERSIDE) SS CITY OF TEMECULA) 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 14th day of June, 1994 by the following vote of the Commission: AYES: NOES: ABSENT: CO~CILMEMBERS: CO~C~ERS: CO~CIINEMBERS: JUNE S. GI~: CITY CLERK R:\STAFFRPT\SS70CZ.CC 6/6/9/, ktb 5 ATTACHMENT NO. 2 PLANNING COMMISSION STAFF REPORT: MAY 2, 1994 R:\STAFFRPT\5570CZ.CC 6/6/94 ktb 6 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION May 2, 1994 Change of Zone No. 5570 Prepared By: Matthew Fagan, Assistant Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission:. ADOPT Resolution No. 94 - _ recommending denial of Change of Zone No. 5570 based upon the Analysis and Findings contained in the Staff Report APPLICATION INFORMATION APPLICANT: Johnson + Johnson REPRESENTATIVE: Johnson + Johnson PROPOSAL: Change of zone request for three parcels from R-A-5 (Residential Agricultural, 5 acre minimum parcel size) to R- 3 (General Residential) and C-O (Commercial Office). LOCATION: Northeast corner of Ynez and Rancho Vista Road EXISTING ZONING: R-A-5 (Residential Agricultural, 5 acre minimum parcel size) SURROUNDING ZONING: North: South: East: West: Specific Plan No. 180 (Rancho Highlands) and R-3 (General Residential) R-1 (One-Family Dwellings) R-2 (Multiple Family Dwellings) Specific Plan No. 180 (Rancho Highlands) PROPOSED ZONING: R-3 (General Residential) and C-O (Commercial Office) GENERAL PLAN DESIGNATION: Medium Dens!ty Residential for Parcel 1 (APN 944-290- 015) and Par~:el 2 (APN 944-290-017)and Professional Office for Parcel 3 (APN 944-290-016) EXISTING LAND USE: Vacant R:\STAFFRPT~5570CZ.PC 4/28/94 kJb SURROUNDING LAND USES: North: South: East: West: Sales Information Center, Lake and Church Vacant, Single-Family Residences Apartments Vacant, Apartments PROJECT STATISTICS Parcel No. 1: I 1.4 acres Parcel No. 2: 8.8 acres Parcel No. 3: 8.0 acres Total Area: 28.2 acres BACKGROUND Change of Zone No. 5570 was submitted to the Riverside County Planning Department on August 18, 1989. The request at that time was for a Change of Zone for three contiguous properties from R-A-5 (Residential Agricultural, 5 acre minimum parcel size) to C-P-S (Scenic Highway Commercial). The case was transferred to the City of Temecula in May 1990. A Development Review Committee (DRC) meeting was held on March 12, 1992. The request was changed on March 23, 1992 from R-A-5 to C-O (Commercial Office) on two of the parcels and to R-3 (General Residential) on the third parcel. The applicant received comments from the Planning Department and the application was again deemed incomplete because several items needed to by submitted to Staff in order to continue processing the application. The applicant requested that the application be put on hold on December 16, 1992, until the General Plan was adopted. Upon adoption of the General Plan, Staff sent out two letters providing direction to the applicant-and establishing time frames for the applicant to contact Staff (reference Attachment No. 3). The applicant was told in the letters that failure to contact Staff would result in their application being scheduled for a public hearing with a recommendation for denial without prejudice. Staff was never contacted by the applicant; therefore, the item is now before the Planning Commission for their consideration. PROJECT DESCRIPTION · Change of Zone No. 5570 is a request to change the zoning on three parcels from R-A-5 (Residential Agricultural, 5 acre minimum parcel size) to R-3 (General Residential) and C-O (Commercial Office). ANALYSIS The project was deemed incomplete in a letter to the applicant dated March 23, 1992. Outstanding issues included a focused traffic analysis, a letter to indicate the project's placement within CFD 88-12 and the assessment the applicant had been paying to the assessment district and revised exhibits for the .~hange of zone. These items were never submitted to Staff. This project was put on hold at the request of the applicant pending adoption of the City's General Plan. Upon the adoption of the Plan, the applicant was sent correspondence providing direction to take action on the dormant case. The change of zone request is consistent with the General Plan for Parcel No. I (R-3: General Residential) and Parcel No. 3 (C-O: Commercial-Office). The change of zone request for Parcel 2 (C-O: Commercial Office) is not R:\STAFFRPT%55?OCZ.PC 4/28/94 klb 2 consistent with the General Plan. It is because of this inconsistency with the City's General Plan that the project is before the Planning Commission with a recommendation of denial. EXISTING ZONING AND GENERAL PLAN DESIGNATION Existing zoning on ti~e site is R-A-5 (Residential Agricultural, 5 acre minimum parcel size). The General Plan designation for the site is Medium Density Residential for Parcels 1 (APN 944- 290-015) and 2 (APN 944-290-017),and Professional Office for Parcel 3 (APN 944-290-016). ENVIRONMENTAL DETERMINATION This project is a Statutory exemption per Article 18, Section 15270 of the California Environmental Quality Act Guidelines. This Exemption states: "CEQA does not apply to projects which a public agency rejects or disapproves." SUMMARY/CONCLUSIONS The project was deemed incomplete in a letter to the applicant dated March 23, 1992. The requested items were never submitted to Staff. The project is a request for a redesignation of the zoning on three parcels; however, Parcel 2 (C-O: Commercial Office) is not consistent with the General Plan Land Use designation of Medium Density Residential (7-12dwelling units per acre). Staff cannot make the necessary finding that the project is consistent with the City's General Plan. FINDINGS The land use or action is not consistent with the City's General Plan. The change of zone request for Parcel 2 is not' consistent with the General Plan. The General Plan Land Use Designation for this Parcel is Medium Density Residential (7-12 dwelling units per acre). The applicant is requesting that the zoning for this Parcel be Commercial Office. Attachments: PC Resolution - Blue Page 4 Exhibits - Blue Page 7 A. Vicinity Map B. Zoning Map C. Site Plan Letters to applicant - Blue Page 8 R:\STAFFRPT~5570CZ,PC 4/28/94 Idb 3 ATTACHMENT NO. 1 PC RESOLUTION NO. 94- R:\STAFFRP'T~5570CZ.PC 4./28/94 klb 4 ATrA~ NO. 1 PC RESOLUTION NO. A RESOLUTION OF ~ PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING DENIAL OF CHANGE OF ZONE NO. 5~70 - A REQUEST TO CHANGE Tn'R ZONE' ON Tn'RRI,. PARCRI,S FROM R-A-5 (RESIDENTIAL AGRICULTURAL 5 ACRE MINIMUM PARCRL SIZE) TO C-O (COMMERC~ OFFICE) ON PARCELS NO. 1 AND 3 AND FROM R-A-5 to R-3 (GENERAL KESlDENTI~).ON PARCRL NO. 2 ON PROPERTY LOCATED AT ~ NORTh. ASTERN CORNER OR RANCHO VISTA AND YNEZ ROADS AND KNOWN AS ASSESSOR'S PARCEL NUMB~ 944-290-015, 944-291)-016, AND 944-290-017 WItEREAS, Johnson + Johnson fried Change of Zone No. 5570 in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WItF. REAS, Change of Zone No. 5570 was processed in the time and manner prescribed by State and local law; WItF. REAS, the Planning Commission considered Change of Zone No. 5570 on May 2, 1994, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WttEREAS, at said public hearing, upon hearing and considering all testimony and arguments, ff any, of all persons deserving to be heard, the Commission considered all facts relating to Change of Zone No. 5570; NOW, TH'EREFORE, TFrE PLANNING COMMISSION OF TH'R CITY OF TEMECULA DOES RESOLVE, DETER1MINE AND ORDER AS FOLLOWS: Section 1. Th.at the above recitations are true and correct. Section 2. Findings. A. The Planning Commission in recbmmending the City Council deny Change of Zone No. 5570, makes the following finding, to wit: 1. The land use or action is not consistent with the City's General Plan. The project is not consistent with the General Plan I_and Use Designation for the site. R:\STAFFRPT~5570CZ.PC 4/28/94 klb 5 Section 3. Environmental Compliance. This project is a Statutory exemption per Article 18, Section 15270 of the C~llfomia Enviromental Quality Act Guidelines. This Exemption states: "CEQA dogs not apply to projects which a public agency rejects or disapproves." Section 4. PASSED, APPROVED AND ADOFIll) this 2nd day of May, 1994. STEVEN I. FORD CHAIRMAN I HEI~RY CERTIFY that the foregoing Re,solution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 2nd day of May, 1994 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: GARY THORNI-TrT-T, SECRETARY R:\STAFFRPTX5570CZ.PC 4/28/94 klb 6 .- AI'I'ACHMENT NO. 2 EXHIBITS R:',STAFFRPT'%5570CZ.PC 4;28/94 klb 7 CITY OF 'TEMECULA SI R0 CASE NO.: A EXHIBIT: CHANGE OF ZONE NO. 5570 P.C. DATE: MAY 2, 1994 // VICINITY MAP R:',STAFFRPT",5570CZ.PC 4/21/94 klb BP OS EXHIBIT B GENERAL PLAN DESIGNATION: CITY OF TEMECULA CC MEDIUM DENSITY RESIDENTIAL AND PROFESSIONAL OFFICE EXHIBIT C ZONING DESIGNATION: R-A5 (RESIDENTIAL AGRICULTURAL - 5 ACRE MINIMUM PARCEL SIZE) CASE NO.: CHANGE OF ZONE NO. 5570 P.C. DATE: MAY 2, 1994 R:\STAFFRP'R5570CZ.PC 4121/94 klb ATTACHMENT NO. 3 LETTERS TO APPLICANT R:\STAFFRPT%SSTQCZ.PC 4/28/94 klb- 8 C of Temecula ·'\'~'.~ ~ 43174 Business Park Drive · Temecula, California 92590 March 14, 1994 (9091 694-1989 · FAX (909) 694-1999 Mr. Dean Allen Johnson + Johnson 27540 Ynez Road, Suite 200 Temecula, CA 92591 SUBJECT: Status of Change of Zone No. 5570 - located on the northeast comer of Ynez and Rancho Vista Roads Dear Mr. Alien: Correspondence sent to you on December 15, 1993, and February 22, 1994 (see attached) requested that you contact Staff to provide a status of your project. This same correspondence informed you that failure to contact Staff would result in your project being scheduled for a public hearing with a recommendation of denial without prejudice. The above referenced project has been placed on the April 4, 1994 Planning Commission Agenda. If you have any questions regarding this notification, please contact me at (909) 694-6400. fely, cc: Ray Casey, Department of Public Works R:\PL_~NN'ING'~570C'7,PC. LTR 1114/94 sr*! C of Temecula · \~'~ 43174 Business Park Drive · Temecula. Californma g25gO February 22, 1994 1909] 6c)4-1989 · FAX 19091 Mr. Dein Allen Johnson + Johnson 27540 Ynez Road, Suite 200 Temecula, CA 92591 SUB/ECT: Status of Change of Zone No. 5570 - located on the northeast comer of Ynez and Rancho Vista Roads Dear Mr. Allen: This letter shall serve as a follow-up to the letter dated December 15, 1993· That letter provided direction relative to the above referenced project. planning Staff cannot support your request for a change of zone. Staff is unable to make a finding that the change of zone request is consistent with the City's General Plan. The following are options which are available to you at the current time: You may provide Staff with a written request to withdraw the change of zone request and be entitled to a partial refund of fees paid for the processing of the application. You may provide Staff with a written request to modify your change of zone request, making it consistent with the Genera/Plan. Staff will continue processing the change of zone request at that time. You may provide Staff with a written request to proceed with the processing with the change of zone application without modifying your request. Staff's-recommendation for the project to the Planning Commission will be to deny the project. If Staff does not receive'any correspondence from you within ten (10) calendar days from the date of this letter, the case will be scheduled for a public hearing with a recommendation of denial without prejudice. R:\PL,ANNING~570C'LLT2 2/15/94 klb Page 2 Mr. Alien -CZ 5570 If you have any questions or comments, please call me at (909) 694-6400. w cc: Ray Casey, Depaximent of Public Works R:\PLANNl~GtSI"/0CT.,LT'2 lt1~94 k.lb City of Temecula 19 43174 Business Parl~ Drive · Temecula. California 92590 December 15, 1993 1909) 694-1989 · FAX (90c)1 694- Mr. Dean Allen Johnson + lohnson 27540 Ynez Road, Suite 200 Temecula, CA 92591 SUBJECT: . Slams of Change of Zone No. 5570 - located on the northeast comer of Ynez and Rancho Vista Roads Dear Mr. Allen: This letter shall serve to provide direction relative to the above referenced project. The Temecula City Council adopted the City's General Plan on November 9, 1993. A Land Use Plan was approved that placed a land use designation on each parcel of land within the City. The Land Use desi~nation for Parcel 1 (A.P.N. 944-290-015) is Medium Density Residential, Parcel 2 (A.P.N. 944-290-017) is Medium Density Residential and Parcel 3 (A.P.N. 944-290- 016) is Professional Office. Your change of zone request is General Residential for Parcel 1, Commercial Office for Parcel 2 and Commercial-Office for Parcel 3. The change. of zone request for Parcel 2 is not consistent with the Land Use Plan. Therefore, Planning Staff cannot support your request for a change of zone. Staff is unable to make a finding that the change of zone request.is consistent with the City's General Plan. The following are options which are available to you at the current time: You may provide Staff with a written request to withdraw the change of zone request and be entitled to a pamal refund of fees paid for the processing of the application. You may provide Staff with a written request to modify your change of zone request, m'aking it consistent with the General Plan. Staff will continue processing the change of zone request at that time. You may provide Staff with a written request to proceed with the processing with the change of zone application without modifyilig your request. Staff's recommendation for the project to the Planning Commission will be to deny the project. If Staff does not receive any correspondence from you within ten (10) calendar days from the date of this letter, the case will be scheduled for a public hearing with a recommendation of denial without prejudice. R:\SXPI..A.N'NI/qG~570C'Z. LTR 12115/93 klb Page 2 Mr. Allen CZ 5570 If you have any questions or comments, please call me at (909) 694-6400. Sincerely, cc: Ray Casey, Department of Public Works R:~XPLA,N'I,C~7~.L~ 1~/14/93 ~ ATTACHMENT NO. 3 PLANNING COMMISSION MINUTES: MAY 2, 1994 R:\STAFFRPT\5570CZ.CC 61619~ ktb 7 PLANNING COMMISSION MINUTES The motion carried as follows: AYES: 4 COMMISSIONERS: Blair, Fahey, Hoagland, Ford NOES: 0 COMMISSIONERS: None ABSENT: I COMMISSIONERS: Salyer PUBLIC HEARING ITEMS PCMIN05/02/1994 MAY 02, 1994 Chanae of Zone No. 5570 Proposed change of zone request for three parcels from R-A-5 to R-3 and C-O. Located at the northeast corner of Ynez and Rancho Vista Road. Assistant Planner Matthew Fagan presented the staff report. He advised the Commission he has received one letter in support of staff's recommendation from Sandra Foreman. Chairman Ford opened the public hearing at 6:30 P.M. Karel Lindemans, 42740 Las Violetas, Temecula, president of the County Community Homeowners Association, expressed his support of the staff recommendation for denial. Mr. Lindemans said Ynez and Rancho Vista Roads need to be widened and the property is not suitable for development. Judy Moramarco, 29761 Camino Del Sol, Temecula, expressed concern regarding the existing traffic congestion and problems on Rancho Vista Road. It was moved by Commissioner Fahey, seconded by Commissioner Blair to close the public hearing at 6:35 P.M. and Adopt Resolution No. 94-06 recommending denial of Change of Zone No. 5570 based 'upon' the Analysis and Findings contained in the staff report. The motion carried as follows: AYES: 4 COMMISSIONERS: Blair, Fahey, Hoagland, Ford NOES: b COMMISSIONERS: None ABSENT: I COMMISSIONERS:. Salyer : Public Use Permit No. 6, Amendment No. 5 Proposed church and day school located on the southeast corner of Calle Girasol and Tommy Lane. 3 05/11/94 ATTACHMENT NO. 4 LETTER TO STAFF R:\STAFFRPT\5570CZ.CC 6/6/9~ ktb 8 1409 Via Gabriel Palos Verdes Estates, CA 90274 May 18, 1994. RECEIVED MAY 2 5 City of Temecula 43174 Business Park Drive Temecula, CA 92590 Gentlemen or Mesdames: SUBJECT: Change of zone 5570 As a nearby homeowner, I am writing in opposition to the proposed change of zoning at the northeast corner of Ynez Road and Rancho Vista Road. It is my feeling that this area should be preserved as a residential neighborhood. Many other sites within a mile or two are available for commercial development, and the Johnson's should place their commercial buildings there. I will appreciate the City Council voting "No" on this zoning change. Very sincerely, Sandra Forman Owner of.42720 Las Violettas Court Temecula ITEM N O. 2 2 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Gary Thornhill, Director of Planning June 14, 1994 Appeal of Planning Application Nos. 93-0157 and 94-0002 (Temecula Valley Unified School District Maintenance, Operation and Transportation Facility and Associated Environmental Impact Report) PREPARED BY: RECOMMENDATION: Saied Naaseh, Associate Planner The Planning Commission recommends that the City Council: Adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA UPHOLDING PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. 93-0157, A CONDITIONAL USE PERMIT, TO ALLOW THE CONSTRUCTION AND OPERATION OF A TRANSPORTATION, ADMINISTRATION AND MAINTENANCE FACILITY FOR THE TEMECULA VALLEY UNIFIED SCHQOL DISTRICT. Adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING ENVIRONMENTAL IMPACT REPORT (PLANNING APPLICATION NO. 94-0002), ADOPTING FINDINGS OF FACT AND STATEMENTS OF OVERRIDING CONSIDERATION AND APPROVING THE MITIGATION MONITORING PROGRAM ON PROPER'I~.' LOCATED NORTH OF WINCHESTER ROAD AND WEST OF THE EXTENSION OF RORIPAUGH ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 911-180-024. R:\STAFFRPT~157PA93.CC 618194 klb BACKGROUND On May 2, -1994the Plannihg Commission certified the Environmental Impact Report (Planning Application No. 94-0002)for Planning Application No. 93-0157 and approved Planning Application No. 93-0157, a Conditional Use Permit, to allow the construction and operation of a transportation, administration and maintenance facility for the Temecula Valley Unified School District. The facility includes storage of school buses (with no more than 29 buses operational on-site and off-site) and maintenance vehicles, fuel and wash islands, bus repair bays, repair shops for maintenance operations and administrative offices. The project is located north of WincheSter Road and west of the extension of Roripaugh Road. The Planning ' Commission approved the project with a 3-1 vote. Chairman Ford voted against the project and Commissioner Salyer was absent. Chairman Ford felt the site was not centrally located within the district and would result in increased traffic. He also had a concern that the site is within a dam inundation area. Two nearby homeowners spoke in opposition of the project. The concerns included increased traffic on Margarita Road, which will result in difficult turning movements to and from Rustic Glen; the inappropriateness of the proposed use, which they felt is an industrial use and industrial uses should be located on the west side of the freeway, not adjacent to a residential area; the degradation of the nearby property values; unmitigated air quality and noise impacts; and the school district's under-estimation of the ultimate number of buses which will become necessary as the number of students increase. The Planning Commission's decision was appealed by Councilman Mu~oz at the May 10, 1994 City Council meeting as a result of a homeowner's (Michelle Bedard) request. She indicated that the project should not be located in a residential area and should be built either on the west side of the freeway or in the industrial park behind the library. Moreover, she questioned the school district's claims that the proposed facility will be adequate for the ultimate build-out of the district's boundary by presenting the City Council with the number of bused students from the Poway, Vista, and Oceanside School Districts. DISCUSSION This project has been in the planning process since August of 1993.. This lengthened review period was necessary to insure that all of the project impacts were addressed by the preparation of an Environmental Impact Report (EIR). In addition, the School District desired to receive the support of the nearby residents in the Winchester Creek and Roripaugh Hills tracts. The school district hand delivered approximately 900 notices to the homeowners within these two tracts inviting them to a community meeting on October 13, 1993. Only 12 people attended that meeting (refer to Attachment 4). In addition, these two tracts were notified of the May 2, 1994 Planning Commission meeting, again with approximately 900 notices being mailed by City staff. Only two (2) homeowners were present at the Planning Commission meeting for this project, The school district has indicated that from approximately 10,000 students According to the school district, this the number of students within the district will increase to approximately 20,000 students in 10 to 15 years. facility will be sufficient to handle the increased load. Moreover, as the student population is increased and more schools are built to serve these students, more students will be able to walk to schools because of their closer proximity to homes. This will reduce the need for busing. R:~STAFFRPT~.157PA93.CC 6RI94 klb 2 The environmental impacts of this project including traffic, air quality and noise impacts were analyzed in the EIR. All of these impacts were reduced to insignificant levels with the exception of air quality, hydrology, seismic safety and land use through mitigation measures placed on the project. In terms of air quality, the construction and grading of the project resulted in significant unmitigatable impacts in that the amount of Nitrogen Oxide emitted into the air was greater than the threshold set by the Air Quality Management District. Therefore, a Statement of Overriding Consideration was prepared. FISCAL IMPACT None Attachments: 2. 3. 4. 5. 6. Resolution No. 94- - Page 4 Resolution No. 94- - Page 8 Planning Commission Minutes of May 2, 1994 - Page 11 Planning Commission Staff Report of May 2, 1994- Page 12 School District Letter, Community Meeting - Page 13 Fee Checklist - Page 14 R:\STAFFRIr~157PA93.CC 6/7/94 'klb 3 ATTACHMENT NO. 1 RESOLUTION NO. 94- R:\STAFFR.P~I57PA93.CC 6r'//c)4 IrJb 4 ATTA~ NO. 1 RESOLUTION NO. 94- A RESOLUTION OF 'rv~. CITY COUNCH., OF ~ CITY OF TE1VIE~ UPHOLDING PLANNING COMlVH.~SION'S DECISION TO APPROVE PLANNING APPLICATION NO. 93-0157, A CONDITIONAL USE PERMIT, TO ALLOW ~ CONSTRUCTION AND OPERATION OF A TRANSPORTATION, ADMINISTRATION AND MAINTENANCE FACILITY FOR TF!'F. TEMECULA VALLEY UNWw. r} SCHOOL DISTRICT. WI:!'F.~, Councilman Mu~oz filed an appeal of the Planning Commission' s decision to certify the Environmental Impact Report (Planning Application No. 94-0002) for Planning Application No. 93-0157 and to approve Planning Application No. 93-0157 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WI:[F. REAS, said Appeal application was processed in the time and manner prescribed by State and local law; WI-W~REXS, the City Council conducted a public hearing pertaining to said Appeal on June 14, 1994, at which time interested persons had an opportunity to testify either in support or opposition to said Appeal; and WHEREAS, the City Council received a copy of the Staff Report regarding the Appeal; NOW, TH'F. REFORE, THE CITY COUNCIL OF TI:FF. CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. findings: Findings. That the Temecula City Council hereby makes the following to wit: The City Council in denying the Appeal, makes the following additional findings, 1. The land use or action proposed is consistent with the General Plan. The land use designation for the site is identified in the General Plan as BP (Business Park) which encourages uses such as: light manufacturing, re~earch and development, wholesale business, professional offices, storage and industrial supply. R:\STAFFRP~I57PA93.CC 618194 klb 5 2. The provisions contained in Ordinance No. 348 allow for construction and operation of ~ project prp_vi_d~ that a conditional use permit is granted. 3. The proposed use or action complies with all other requirements of state law and local ordinances. The proposed use complies with California Governmental Code Section 65360 and Section 18.28 (Conditional Use Permit) of Ordinance No. 348. 4. The proposed project will not be detrimental to the health, safety or general weftare of the community. In addition, the Environmental Impact Report (EIR) prepared for this project mitigates all significant impacts of the pwposed project to an insignificant level with the exception of Hydrology, Seismic Safety, Air Quality and Land Use impacts for which Statements of Overriding Considerations have been prepared. Mitigation measures have been included in the Conditions of Appwval. 5. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, access, and intensity of use, because the proposed planning application (conditional use permit), as conditioned, complies with the standards contained within the City's General Plan and Ordinance No. 348. 6. The project has acceptable access to a dedicated fight-of-way via an casement which is open to, and useable by, vehicular traffic. Access to the project site is from a publicly maintained road (Margarita Road). 7. The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project. 8. Said fmdings are supported by maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. The proposed action is consistent with the City's General Plan. Section 2. Environmental Compliance. An initial study was completed for the project by Planning staff which indicated that there would be potentially significant impacts with the development of the project. Consequently, staff determined that an Environmental Impact Report would be necessary for the project. Environmental Impact Report No. 94-0002 was prepared by the applicant's consultant, Douglas Wood and Associates, Inc. and was reviewed by City staff. The Environmental Impact Report analyzed the significance of all the 'impacts and proposed mitigation ineasures included in the final EIR that reduced these impacts to an insignificant level with the exception of Seismic Safety, Climate and Air Quality, Hydrology and Land Use for which Findings of Fact and Statements of Overriding Considerations have been included within the final I:~R. Therefore, ~he City of Temecula Certifies the Final Environmental Impact Report (PA 94-0002) which includes the Draft EIR, the Response to Comments, the Mitigation Monitoring Program, Findings of Fact and Statements of Overriding Considerations, the Staff Report and any associated attachments, and'finds that it has been completed in compliance with the California Environmental Quality Act (CEQA). R:\STAFFRPT~I57PA93.CC 617/94 klb 6 Section 3. PASSED, APPROVED AND AI)O~ this 14th day of June, 1994. RON ROBERTS MAYOR ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I ItKREBY CERTWY 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 June, 1994 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCII_A/IEMBERS JUNE S. CITY Ct,FRK R:XSTAFFRFIl157PA93.CC 6/7/94 klb 7 ATTACHMENT NO. 2 RESOLUTION NO. 94- R:\STAFFR.F~I.57PA93.CC 6/7/94 klb ~ ATTACHMENT NO. 2 RESOLKYHON NO. 94- A RESOLUTION OF TFrF. CITY COUNCIL OF ~ CITY OF TEMECUIA CERTIFYING ENVIRO~AL IMPACT RI~-PORT (PLANNING APPLICATION NO. 94-0002), ADOPTING FINDINGS OF FACT AND STATEMENTS OF OVERRIDING CONSIDERATION AND APPROVING Tiff, MITIGATION MONITORING'PROGRAM ON PROPERTY LOCATED NORTH OF WINCHF-STER ROAD AND WEST OF TB'F~ EXTENSION OF RORIPAUGH ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 911-180.-024. WItEREAS, Douglas Woods and Associates tompie. ted Environmental Impact Report (Planning Application No. 94-0002) in accordance with the Riverside County, City of Temecula and State CEQA Guidelines; WHEREAS, said g!R application was processed in the time and manner prescribed by State and local law; WH"EREAS, the City Council considered said EIR on June 14, 1994, at which time interested persons had an opportunity to testify either in support or opposition; W!tEREAS, at the conclusion of the City Council hearing, the City Council Certified said F/R, Adopted the Findings of Fact and Statements of Overriding Consideration and Approved the Mitigation Monitoring Program; NOW, TFFEREFORE, THE CITY OF TE1VIECULA CITY COUNCIL DOES RESOLVE, DETER_MINE AND ORDER AS FOLLOWS: Section 1. Findings. That the City of Temecula City Council in Certifying the proposed Final Environmental Impact RepOrt (FEIR), makes the following findings, to wit: A. Reference Attachment 5 of the Planning Commission Staff Report, Findings of Fact and Statement of Overriding Considerations. Section 2. Conditions. That the City of Temecula City Council hereby certifies FEIR (Planning Applicatio~ No. 94-0002), adopts Findings of Fact and Statements of Overriding Consideration and approves the Mitigation Monitoring Program on 6.64 acres of land located north of Winchester Road and west of the extension of Roripaugh Road and known as Assessor' s Parcel No. 911 - 180-024. .' R:\STAFFRPT~157PA93.CC 617194 Section 3. PASSED, APPROVED AND ADOP'II~ this 14th day of June, 1994. ATTEST: RON ROBERTS MAYOR June S. Greek, City Clerk [SEAL] STATE OF CAIIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTFY 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 June, 1994 by the following vote of the Council: AYES: NOES: ABSENT: COUNCII_M/EbIBERS COUNCILMEMBERS COUNCH-MEVIBERS JUNE S. Gi~-~ CITY CLF~RK R:\STAFFRPTH$7PA93.CC 6/7/94 klb 10 ATTACHMENT NO. 3 PLANNING COMMISSION MINUTES - MAY 2, 1994 R:\STAFFRPT~157PA93.CC 6/7/94 klb 11 PLANNING COMMISSION MINUTES MAY 09.1994 --. ABSENT: I '-COMMISSIONERS: Salyer 9. PA93-0157 AND PA94-000~) ReQuest to approve a Conditional Use Permit to allow the construction and operation of a transportation, administration and maintenance facility for the Temecula Valley Unified School District. The facility includes storage of school buses and maintenance vehicles, fuel and wash islands, bus repair bays, repair shops for maintenance operations and administrative offices. Located north of Winchester Road and west of the extension of Roripaugh Road. Associate Planner Saied Naaseh presented the staff report. Chairman Ford opened the public hearing at 8:25 P.M. Dave Callaher, Director of Facilities Development, Temecula Valley Unified School District, 31350 Rancho Vista Road, Temecula, provided the Commission With an overview of the project. Michelle Bedard, 39857 Knollridge Drive, Temecula, expressed her concern with the traffic on Winchester Road presently and the impacts the project will have on the already heavily traveled Winchester Road. Ms. Bedard said she uses Rustic Glen to get to her personal residence and a signal is needed at Rustic Glen and Winchester Road to help get the cars out onto Winchester Road safely. Bruce Weckesser, 27441 Bolandra Court, Temecula, said he feels the proposed use is incompatible with the area. Mr. Weckesser said he feels the bus facility is more compatible with an industrial location. Planning Director Gary Thornhill said an E.I.R. was completed on the project and staff feels all the issues have been addressed regarding this site and the proposed project. Douglas Wood, the environmental consultant for the school 'district, explained the noise and air quality testing. Chairman Ford questioned Condition No. 7, which talks about parking spaces for visitors and requested the condition stipulate "Visitor Only" and be designated on site as such. 'Chairman Ford also asked for clarification of Condition No. 11. Commissioner Fahey suggested the language in Condition No. 11 be amended to state "...29 buses operating on-site..."..' It was moved by Commissioner Blair, seconded by Commissioner Fahey to close the public hearing at 8:55 P.M. and Adopt Resolution No. 94-08 certifying the Environmental Impact Report (Planning Application No. 94-0002)for Planning PCMIN0510211994 7 0511 1194 PLANNING COMMISSION MINUTES MAY 09, 1994 Application No. 93-0157; and Adopt Resolution No. 94-07 approving Planning Application No. 93-0157, based upon the Analysis and Findings contained in the staff report and amend Condition No. 7 to designate 'Visitor' parking spaces and amend Condition No. 11 to clarify ' .... 29 buses shall be operating on-site ..... '. The motion carried as follows:. AYES: 3 COMMISSIONERS: Biair, Fahey, Hoagland NOES: I COMMISSIONERS: Ford ABSENT: I COMMISSIONERS: Salyer Chairman Ford said he opposed the motion based on the number of buses and the location :he site. He said he is also concerned about the dam inundation study. PLANNING DIRECTI ~PORT Director Thornhill advised Commission the first meeting in June Rancho California Water Board ROom. Director Thornhill said the Old Local Review Board has held at the re-appointed. PLANNING COMMISSION DISCUS~ Chairman Ford advised he received a standards at the Senior Center, which will standards. to Mr. Bill Harker regarding the light ed to comply with the Old Town ADJOURNMENT Chairman Ford declared the adjourned at 9: P.M. The next regular meetil 23, 1994, 6:00 P.M California. the City of Temecula Ph Vail Elementary School, 29915 Commission will be held on May Drive, Temecula, an Steve Ford Secretary PCMIN05102/I 994 06/11/14 ATTACHMENT NO. 4 PLANNING COMMISSION STAFF REPORT - MAY 2, 1994 R:\STAFFRPT~IJTPAgJ.CC 6/7/94 klb 12 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION May 2, 1994 Planning Application No. 93-0157 and 940002 Piepared By: Saied Naaseh, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: e APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: ADOPT Resolution No. 94- certifying the Environmental Impact Report (Planning Application No. 94-0002) for Planning Application No. 93-0157; and ADOPT Resolution No. 94- approving Planning Application No. 93-0157, based upon the Analysis and Findings contained in the Staff Report. Temecula Valley Unified School District BGRP Architecture and Planning and Douglas Wood and Associates A request to approve a Conditional Use Permit to allow the construction and operation of a transportation, administration and maintenance facility for the Temecula Valley Unified School District and certify the Environmental Impact Report for the project. The facility includes storage of school buses (with no more than 29 buses 'operational) and maintenance vehicles, fuel and wash islands, bus repair bays, repair shops for maintenance operations and administrative offices. North of Winchester Road and west of the extension of Roripaugh Road R-R (Rural Residential) SURROUNDING ZONING: North: South: East: West: R-R (Rural Residential) R-R (Rural Residential) R-R (Rural Residential) R-R (Rural Residential) R:\STAFFRPT~157PA93.PC 4/28/94 edl PROPOSED ZONING: Not requested GENERAL PLAI~I DESIGNATION: Business Park EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: Vacant South: Vacant East: Vacant West: Vacant PROJECT STATISTICS Building Area: 24,399 square Service Bays: 6 Landscape Area: 19,870 square Hardscape Area: 235,227 square Total: 279,496 square feet feet feet feet (6.6 acres) Visitor Parking Provided: 10 Off Site Employee Parking Provided: 100 Bus Storage: 40 Maintenance Vehicle Storage: 74 spaces spaces spaces spaces BACKGROUND This project was formally submitted to the Planning Department on July 23, 1993. The Development Review Committee (DRC) meeting was held on August 12, 1993. The Environmental Impact Report (EIR) went through four Screen Check reviews before the Draft EIR was sent to the State Clearing House on Febr.uary 22, 1994 for a 45 day public comment period. PROJECT DESCRIPTION The proposed Temecula Valley Unified School District (TVUSD) Transportation, Administration and Maintenance Facility will contain a total of 24,399 interior square feet for various transportation, administration and maintenance activities. Space will also be provided for 40 school buses and 74 maintenance vehicles as well as a fuel and wash island for District vehicles. The transportation portion of the facility will inv61ve 10,863 square feet of space for six bus repair bays with associated repair and storage areas. Surrounding the transportation portion of the facility are the 40 bus parking stalls· The transportation functions will operate between the hours of 6:00 a.m. and 5:00 p.m. with 29 buses generally departing and returning between 7:00 a.m. and 8:45 a.m. and 2:00 p.m. to 4:30 p.m. R:\STAFFRPT~157PA93.PC 4/28/94 sdl 2 The administration portion of the facility will involve 5,939 interior square feet of office space for District administrative functions and will generally operate between the hours of 7:00 a.m. and 5:00 p.m.' Monday through Friday. The maintenance portion of the proposed facility consists of 6,035 square feet of repair shops performing plumbing, heating/air conditioning, carpentry, electrical, locksmith, irrigation and landscape maintenance functions. This portion of the facility will be operational between the hours of 6:45 a.m. and 3:30 p.m. Monday Through Friday. An additional 1,562 square feet of common area containing compressors, lubrication and welding equipment will also be provided. As previously indicated, a fuel and wash island will be provided to serve District vehicles. Dispensing facilities for compressed natural gas for use in motor vehicles is being considered for the fuel island. In addition to the forty (40) bus parking stalls noted above, the proposed TranSportation, Administration and Maintenance facility will also contain seventy four (74) parking spaces for maintenance vehicles, ten (10) visitor parking stalls, including two (2) handicap spaces, adjacent to the administration portion of the proposed facility and a separate storage area for lawn mowers and other landscape equipment. ANALYSIS Access and Circulation Project access is provided by a temporary 36 foot wide asphalt easement to Margarita Road (refer to exhibit H). Four (4) way stop signs will control the traffic at this intersection. The permanent access will be provided by extending the existing Roripaugh Road across Winchester Road. The portion of Roripaugh Road extension adjacent to the site is conditioned to be improved with 56 feet of asphalt pavement with the completion of this project. However, the Roripaugh Road and Nicolas Road extensions will be completed prior to completion of this project as a part of the high school project. It should be noted that these extensions can not be utilized until the grade difference between the existing Winchester Road and these extensions is eliminated by the widening project for Winchester Road, Winchester Road will be improved with the construction of the Chaparral High School. Therefore, after the construction of Winchester Road, the temporary access, along with the four (4) way stop sign to Margarita will be removed. Roripaugh Road extension from Winchester Road to the northerly side of the site will be a private road. The site has been designed to accommodate easy circulation of the buses and maintenance vehicles. Landscape. planters have been mainly limited to the perimeter of the project to screen the operations. The site is surrounded by an eight (8) foot masonry wall with security gates providing access to the interior of the site. Architecture ,' The main building and wall surrounding the site are concrete tilt up structures with red and gray concrete split face building elevations. The main spine of the building is a walkway covered by a green metal roof. White stucco is used on the elevations of this walkway. The Fueling Center and the Exterior Wash use the same type of tilt up construction with green metal roofing. R:\STAFFRPT%157PA93.pC 4/28/94 sdl 3 Landscaoe Plans The planters along the eas~e~r~ and southern property lines are located outside the property lines. The project has been conditioned to obtain easements for this property and will be responsible for maintaining the landscaping for this area. The main objective of the landscape plan is to provide visual screening of the facility and the wall from the adjacent uses. To screen the facility, Brachychiton Populneus (Bottle Tree) has been proposed on the east, west and south property lines which has moderate growth to 30-50 feet high and 30 foot spread. To screen the wall, Rhaphiolepis Indica (India Hawthorn), a fast growing shrub to five (5) feet high and wide, and Clytostoma Callistegioides (Violet Trumpet Vine), a vigorous climber vine, will be used to screen the wall. ReQuired Parkina The proposed facility will be used almost exclusively by the School District personnel with few visitors to the site; therefore, only ten (10) parking spaces have been provided for visitors. All employees will park their vehicles in the parking facility that will be built for the Chaparral High School where one hundred (100) spaces have been provided (refer to Exhibit H). This parking lot will be completed with the Roripaugh and Nicolas Road extensions prior to occupancy of the project. The School District expects the number of employees at the site to be 96 and this number should grow to 116 by year 2010. Area Compatibility The land uses immediately adjacent to the site are currently vacant. The adjacent properties to the east and south are designated in the General Plan as BP (Business Park). The General Plan states the typical permitted uses for this designation include professional offices, research and development, laboratories, manufacturing, storage , industrial supply, and wholesale businesses. Santa Gertrudis Creek borders the site to the west and the proposed Chaparral High School is to the north. Therefore, the proposed use will be compatible with the uses immediately adjacent to the site. The single-family residences exist further to the northwest across the creek and to the east. across Winchester Road. The' proposed site is lower than the existing single family development to the east and northwest. With future construction of the high school and the Business Park parcel adjacent to Winchester Road and Margarita Roads, the view to the site will be blocked by these structures. However, to further minimize the view impacts until these structures are constructed, the project proposes a landscape planter with trees to screen the facility from these homes. EXISTING ZONING A~ID GENERAL PLAN DESIGNATION The existing zoning for the site is R-R (Rural Residential). This project is permitted in this zone provided that a conditional use permit is granted pursuant to the provisions of Section 18.28 of Ordinance No. 348. The General Plan land use designation for the site is B-P (Business park). The project as proposed is consistent with Ordinance No. 348 and the General Plan. R:\STAFFRPT~157PA93.PC 4/28/94 sdl 4 ENVIRONMENTAL DETERMINATION An initial study was completed for the project by planning staff which indicated that there would be potentially significant impacts with the development of the project. Consequently, staff determined that an Environmental Impact Report would be necessary for the project. Environmental Impact Report No. 94-0002 was prepared by the applicant's consultant, Douglas Wood and Associates, Inc. The Environmental Impact Report analyzed the significance of all the major impacts. By certifying the Final Environmental Impact Report, the Planning Commission adopts the Findings of Fact and Statement of Overriding Considerations and the Mitigation Monitoring Program. Following is a summary of these impacts which have been mitigated to insignificant levels by the mitigation measures unless otherwise specified that a Statement of Overriding Considerations .has been prepared: SEISMIC SAFETY The proposed project will be impacted by seismic activity along the Wildomar Fault alignment which is located approximately 1.4 miles southwest of the project. Due to the content of on-site soils and the depth of groundwater, secondary seismic hazards such as liquefaction, if any, that may occur will be confined to the relatively thin zones of deep saturated soils. Any minor liquefaction occurring on-site is considered insignificant and is not anticipated to cause damage or collapse of on-site structures. According to project grading plans, the developed project will be at an elevation of 1076 feet above mean sea level, I 1 feet below the estimated elevation of water in the event of a breach of Skinner Reservoir Dam. Since the project site lies within the dam inundation area for Skinner Reservoir Dam, it may be subject to seismically induced flooding from dam failure. This is considered to be an unavoidable adverse impact. Therefore, a Statement of Overriding Considerations must be adopted by the Planning Commission (refer to Attachment 5). SLOPES & EROSION Development of the project will 'require alteration of the existing natural landform. Complete removal of all alluvial, topsoil, and loose compressible low strength older allUvium, and/or disturbed bedrock will be necessary prior to placement of structural fills. According to the Project Engineer, the proposed grading plan results in an estimated 30,700 cubic yards of cut and 85,300 cubic yards of fill. This results in a grading irabalance of approximately 56,600, cubic yards. The additional fill, according to the project engineer, is required in order to raise the proposed structures out of the 100 year floodplain. Due to the content of on-site soils and site's proximity to Santa Gertrudis Creek, slope erosion is a concern with regard to surficial stability. In addition, landscaped slopes along the project perimeter will be provided, if necessary. Drainage and erosion control measures shall be established at the time of final grading and maintained throughout the life of the project in order to provide long-term slope stability and performance. R:\STAFFRPT~157PA93.pC 4128194 edl 5 The State and Regional W_a:ter Quality Control Boards (RWQCB) currently administer the National Pollut~nt Discharge Elimination System (NPDES) permit regulations. NPDES permits are issued by the state under the authority of the Environmental Protection Agency (EPA) to selected industries, construction activities and municipalities. The proposed project will be required to comply with the NPDES General Construction Activity Storm Water Permit as well as any permit issued by the City of Temecula. NOISE Short-Term Impacts Construction noise represents a short-term impact on ambient noise levels. Noise generated by construction equipment, including trucks, graders, bulldozers, concrete mixers and portable generators can reach high levels. When construction occurs adjacent to existing residential development, the hours of construction will be limited to 7 a.m. to 7 p.m. on Monday through Friday. Construction will not be permitted on weekends or federal holidays. School Bus Noise Impacts The primary noise concerns associated with the proposed project will be the school bus operations. Other noise within the facility will be secondary. Potential noise impacts on adjacent residences due to the school buses operating out of the proposed site also were assessed. In order to provide an accurate assessment of noise levels attributed to bus start-up, start-up noise levels were recorded from 6:00 a.m. to 7:00 a.m. on July 29, 1992. According to the measurements, the noise levels attributed to bus operations will be lower than the ambient noise levels at the three measurement sites which were located adjacent to existing single family residences. Noise levels at these locations provide a "worst-case" assessment of noise impacts of the project upon adjacent residential land uses. At these three locations, the bus start-up noise levels will meet the day-time model noise criteria without mitigation measures. Project Traffic Noise Impacts The proposed project will also generate traffic, and as a result may alter pr. ojected noise levels in the surrounding areas. To assess the impact of the proposed project on land uses adjacent to streets that will serve the project, the change in roadway noise along the streets was determined. Due to. future development which has already been approved there will be an increase in traffic in the surrounding area with or without the proposed project. In community noise assessment changes, noise levels greater than 3 dBA are often identified as significant, while changes less than 1 dBA will not be discernible to local residents. The future 1994 noise levels will not increase substantially over existing noise levels (less than 3 dBA for the roadways serving the project). R:\STAFFRPT~157PA93.PC 4/28/94 edl. 6 AIR QUALITY Short Term Iml~acts Temporary impacts will result from project construction activities. Air pollutants will be emitted by construction equipment and dust will be generated during grading and site preparation. Only nitrogen oxide emissions exceed SCAQMD Thresholds of Significance, per the Final Draft 1991 CEQA Air Quality handbook. This is considered to be a short-term but an unavoidable adverse impact for which a Statement of Overriding Considerations must be adopted by the Planning Commission. Long-Term Impacts Local Carbon Monoxide Impacts from School Bus Operations Potential air quality impacts from the proposed bus start ups were assessed through a CO monitoring effort at four sensitive receptors surrounding the project site. CO concentrations were monitored on July 29, 1992 at Sites 1 through 4 from 6:00 a.m. to 7:00 a.m. for conditions with school bus engines running. The data indicates that there is no significant increase in CO concentration for conditions with the buses running compared to conditions without the school buses running. Therefore, school bus operations at the Transportation/Maintenance Facility will not generate a significant increase in CO concentrations at Measurement Sites. The air quality consultant who performed the CO monitoring on July 29 and 30, 1992 has indicated that diesel odors were not noticeable during the on-site monitoring procedures. Given the distance from the pollutant source to sensitive receptors (adjacent residential land uses and the future high school) and staggered bus start-up times, in contrast to the simultaneous start-ups which occurred during the on-site tests, long term impacts associated with diesel odors resulting from the project are not considered significant. CIRCULATION Project Access The proposed project is planned to take its primary access from Margarita Road opposite the existing entry to Costco until the future Chaparral High School is constructed. At that time, the interim access onto Margarita Road will be closed and the proposed project will take direct permanent access onto Winchester Road opposite Roripaugh Road. According to the Traffic Engineer, the proposed project will not change the level of service on any of the intersections that were analyzed except at the interim access intersection at the Margarita Road/Costco entry. The proposed project changes the level. of service at that intersection from C to E during the evening peak hour as a result of school bus, maintenance vehicle and employee traffic. Therefore, a four way Stop Sign will be installed by the project. R:\STAFFRPT~157PA83.PC 4/28/94 sdl 7 Level of ServiC~ in Study ~Fea~' Since traffic generated by the proposed project will not result in a level of service change at any of the intersections which were analyzed, traffic impacts associated with the proposed project are not considered significant. The intersections of Winchester Road/Nicolas Road and Winchester Road/Roripaugh Road are currently operating at Level of Service "F" during the evening peak hour and the existing volumes meet the warrants for signalization. Project impacts on existing traffic levels at the Winchester Road/Nicolas Road and Winchester Road/Roripaugh Road intersections are 3.4 percent and 2.9 percent, respectively. The School District will transfer the existing Maintenance Operations and Transportation facility from its Rancho Vista Road site to the proposed site. Therefore, the level of activity at the new site will be the same as the existing site (which is somewhat less than the ultimate development that was used to estimate ultimate project traffic in the Traffic Analysis) and there will not be a net increase in areawide traffic. HYDROLOGY The development phase of the project will result in the creation of impermeable surfaces (parking lots, bus storage areas, roofs, etc.) on-site that will increase the existing storm runoff to Santa Gertrudis and Murrieta Creeks. The developed on-site runoff, as well as upstream surface flows, will be adequately conveyed by the proposed on-site drainage system. Drainage facilities from the project site ultimately discharge downstream into the Santa Gertrudis Creek and ultimately into Murrieta Creek. This incremental increased flow rate will contribute to cumulative increased flow rates downstream and the potential for flooding in areas with undersized facilities. Since the project.site lies within a dam inundation area for the Skinner Reservoir Dam, it may be subject to seismically induced flooding from dam failure. This is considered to be an unavoidable adverse impact. Therefore, a Statement of Overriding Considerations must be adopted by the Planning Commission. WATER QUALITY Construction of the proposed project will alter the composition of surface runoff by the grading of site surfaces, construction of impervious streets, parking lots, service areas, and roofs, and by irrigation of landscaped areas. Runoff entering the storm drain system will contain minor amounts of pollutants typical of most urban uses, including pesticides, fertilizers, oil, rubber residue, detergents,.hydrocarbons, and other debris. This runoff, typical of urban use, will contribute to the incremental degradation of water quality downstream in Santa Gertrudis and Murrieta Creeks. All parking and bus storage areas within the proposed project will drain into a clarifier which provides three stage treatment for surface run6ff. This clarifier will insure adherence to NPDES requirements. Eastern Municipal Water District will monitor the quality of runoff from these paved surfaces. R:\STAFFRPT~157PA93.pC 4/28/94 sdl 8 RISK OF UPSET The proposed ~roject may involve the storage and use of hazardous materials. As such, the project has the potential for the risk of explosion and/or the release of hazardous substances. The use of these hazardous or toxic substances is governed by OSHA standards and the County Health Department criteria. In the event of an accidental upset of toxic materials on the project site, the School District is equipped to handle toxic material spills with equipment being used or stored on-site. In the event of such an episode, storm drains could be temporarily blocked in order to contain the spill and avoid drainage into downstream areas. CULTURAL & SCIENTIFIC RESOURCES No archaeological resources have been found on-site. The surface alluvial deposits found on- site are sediments laid down by streams that flowed across the region within the last 10,000 years. These sediments are considered to be too young geologically to contain any significant fossils. Considering its past history of fossil discovery, the Pauba Formation underlying these surface alluvial deposits is considered to have a Moderate to High paleontological sensitivity. WILD LIFE & VEGETATION Conversion of the on-site introduced grassland biotic community to accommodate the proposed project will reduce areawide introduced grassland habitat for raptors. However, the area is not considered to be of high significance in this regard. The same holds true for the loss of habitat supporting other grassland species of wildlife. Development of the proposed project will not result in the loss of occupied Stephens' Kangaroo Rat (SKR) habitat. LAND USE The proposed land uses are in conformance with the City of Temecula General Plan designation of BP (Business Park) if a Conditional Use Permit is approved in accordance with Ordinance No. 348. The project applicant has submitted an application for approval of a Conditional Use Permit (PA93-0157). The change in land use resulting from project development will not result in significant impacts to agriculture as agricultural activity on-site has been discontinued. However, project implementation will result in urban development on "Prime" soils which is considered a significant impact of project development. According to the California Department of Conservation, the loss of any "Prime" agricultural land is considered a significant impact for which a Statement of Overriding Considerations must be adopted by the planning Commission. TOXIC SUBSTANCEd These functions may involve the storage and use of hazardous material. As such, the project has the potential for the risk of explosion and/oi the release of hazardous substances. The use of these hazardous or toxic substances is governed by Occupational Safety and Health Administration (OSHA), Cal OSHA, and Environmental Protection Agency (EPA) standards and County Health Department criteria. Potentially hazardous substances to be found and utilized in the proposed Maintenance, Operations and Transportation Facility include fuels, greases and oils, and cleaning solvents, adhesives, paints, automobile parts (brakes, batteries, antifreeze, etc.) R:\STAFFRPT~157PA93.PC 4/28/94 edl 9 According to the Temecula Valley Unified School District, employees are given general training in the handling of potenti_ally__hazardous materials. In addition, employees whose duties include the 'handling of any identified hazardous material are given specialized training in the handling of that substance. In the event of a hazardous material spill, the School District would be equipped to handle toxic or hazardous material spills with equipment being used or stored on-site. In the event of such an episode, on-site storm drains can be temporarily blocked in order to contain the spill and avoid drainage into downstream areas. AESTHETICS/LIGHT & GLARE Project development will permanently alter the nature and appearance of the 6.64 acre project site from its current open space use to the land uses proposed. According to the Landscape Concept Plan, the project site will be surrounded on three sides by street trees, accent trees and shrubs which are intended to provide an aesthetic buffer between the fully-developed project site and surrounding areas, including Winchester Road. View Analyses from the North and South, respectively, provide graphic representation of the future appearance of the project site with development of the proposed structures. The site itself does not contain nor will proposed development block any scenic vistas which merit preservation. Mitiaation Monitorina Proaram The Draft Environmental Impact Report includes the proposed Mitigation Monitoring Program for the project. The Mitigation Monitoring Program is included as a Condition of Approval for the project as a whole with several of the mitigations being separate Conditions of Approval for the project. SUMMARY/CONCLUSIONS The proposed use is appropriate for the site since the Environmental Impact Report has proposed mitigation measures that reduce all the impacts of the project to an insignificant level with the exception of short term air quality impacts associated with the construction of the project, hydrology and seismic .~afety impacts associated with the location of the site within the Dam Inundation area of Skinner Reservoir Dam, and land use impacts associated with the removal of Prime Agricultural land. The site will complement the proposed high school and is centrally located within the school district boundaries. FINDINGS The land use or action proposed is consistent with the General Plan. The land use designation for the site is identified in thl~ General Plan as BP (Business Park). The provisions contained in Ordinance No. 348 allow for construction and operation of this project provided that a conditional use permit is granted. R:\STAFFRPT~I 57PA93.PC 4/28/94 edl 10 m The proposed use or action complies with all other requirements of state law and local ordinances. The proposed use complies with California Governmental Code Section 65360, Section 18.28 (Conditional Use Permit) of Ordinance No. 348. The proposed project will not be detrimental to the health, safety or general welfare of the community. In addition, the Environmental Impact Report (EIR) prepared for this project mitigates all significant impacts of proposed project to an insignificant level with the exception of Hydrology, Seismic Safety, Air Quality and Land Use impacts for which Statement of Overriding Considerations have been prepared. Mitigation. measures have been included in the Conditions of Approval. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, access,. and intensity of use, because the proposed planning application (conditional use. permit), as conditioned, complies with the standards contained within the City's General Plan and Ordinance No. 348. , The project has acceptable access to a dedicated right-of-way via an easement which is open to, and useable by, vehicular traffic. Access to the project site is from a publicly maintained road (Margarita Road). The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project. Said findings are supported by maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. Attachments: 2. 3. 4. 6. 7. 8. PC Resolution 94° - Blue Page 12 PC Resolution 94- - Blue Page 15 Conditions of Approval - Blue Page 19 Exhibits - Blue Page 33 A. Vicinity Map B. Zoning Map C. Site Plan D. Landscape Plan E. Elevations F. Elevations G. Floor Plans H. Over All Site Plan Findings of Fact and Statement of Overriding Considerations - Blue Page 34 Mitigation Monitoring Program - Blue Pagi~ 35 Public Comments- Blue Page 36 Response to Public Comments - Blue Page 37 R:\STAFFRP"1~157PA93,PC 4/28/94 edl 11 ATTACHMENT NO. I RESOLUTION NO. 94- R:\STAFFRPT~157PA93.PC 4128/94 edl 12 A'ITACttMENT NO. 1 RESOLUTION NO. A RESOLUTION OF THY~ PLANNING COMMISSION OF THE CITY OF TEMECULA CERTIFYING ENVIRONMENTAL IMPACT RI~-PORT (PLANNING APHACATION NO. 94-0002), ADOPTING FINDINGS OF FACT AND STATEMENTS OF OVERRIDING CONSIDERATION AND APPROVING OF THE MITIGATION MONITORING PROGRAM ON PROPERTY LOCATED NORTH OF WINCHESTER ROAD AND WEST OF ~ EXTENSION OF RORIPAUGH ROAD AND KNOWN AS ASSESSOR'S PARC~',I, NO. 911-180-024. Wt!~~, Doughs Woods and Associates completed Environmental Impact Report (Planning Application No. 94-0002) in accordance with the Riverside County and State CEQA Guidelines; WREREAS, said h"TR application was processed in the time and manner prescribed by State and local law; WH'EREAS, the Planning Commission considered said EIR on May 2, 1994, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Planning Commission hearing, the Planning Commission Certified said EIR, Adopted the Findings of Fact and Statements of Overriding Consideration and Approved the Mitigation Monitoring Program; NOW, TIIF~REFORE, ~ CITY OF TEMECULA PLANNING CO1VIMISSION DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the City of Temecula Planning Commission in recommending Certification of the proposed FEIR, makes the following fmdings, to wit: A. Attachment 5 of the Staff Report, Findings of Fact and Statement of' Overriding Considerations' Section 2. Conditions. That the City of T~mecula Planning Commission hereby certifies FEIR (Planning Application No. 94-0002), adopts Findings of Fact and Statements of Overriding Consideration and approves of the Mitigation Monitoring Program on 6.64 acres of land located north of Winchester Road and west of the extension of Roripaugh Road and known as Assessor' s Parcel No. 911 - 180-024. Section 3. PASSED, APPROVED AND ADOPTED this 2nd day of May, 1994. R:\STAFFRPT%157PA93.PC 4/28/94 salt 13 STEVEN I. FORD I ltRRERy 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 2nd day of May, 1994 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COIVIMISSIONE~: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: GARY THORNI-rrr-~, SECRETARY R:\STAFFRPT~157PA93.PC 4/28/94 sdl 14 ATTACHMENT NO. 2 RESOLUTION NO. 94- R:\STAFFRPT%157PA93 .PC 4/28/94 ed| 15 ATrACHlVlg~ NO. 2 RESOLIYHON NO. 94- A RESOLUTION OF TIff. PLANNING COMMISSION OF ~ CITY OF TEMECULA APPROVING A RF_~UEST TO APPROVE PLANNING APPLICATION NO. 930157, A CONDITIONAL USE PERMIT TO AT,TOW TtTE CONSTRUCTION AND OPERATION OF A TRANSPORTATION, ADMINISTRATION AND MAINTENANCE FACII.ITY FOR ~ TEMECULA VAT.IJ~-Y UN~W.I} SCHOOL'DISTRICT. T!:ff- FACILITY INCLUDES STORAGE OF SCHOOL BUSES (WITH NO MORE THAN 29 OPERATIONAL AT ANY GIVEN TIME) AND MAINTENANCE V~.mCLES, FUi~.T, AND WASH ISLANDS, BUS REPAIR BAYS, lIEPAIR SHOPS FOR MAINTENANCE OPERATIONS AND ADMINISTRATIVE OFFICES LOCATEI) NORTH OF WIN~-~ ROAD AND WEST OF ~ EXTENSION OF RORIPAUGH ROAD AND KNOWN AS ASSESSOR'S PARCEl, NO. 911-180-024 WItF~REAS, The Temecula Valley Unified School District fled Planning Application No. 93-0157 (PA 93-0157) in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, PA 93-0157 and was processed in the time and manner prescribed by State and local law; Wtt~-REAS, the Planning' Commission considered PA 93-0157 on May 2, 1994, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opp0rmnity to testify either in support or in opposition; WHF. REAS, at the public hearing, upon hearing and considering all testimony and arguments, if any, of all persons deserving to be heard, the Commission considered all facts relating to PA 93-0157; NOW, TFrF.~.EFORE, THF~ PLANNING COMMISSION OF ~ CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations ar~'true and correct. Section 2. following fmdings: Findings. That the Temecula Planning Commission hereby makes the R:\STAFFRPT~157PA93.PC 4/28/94 16 The land use or action proposed is consistent with the General Plan. The land use designaU_'on for the site_. ~ identified in the General P!nn as BP (Business Park). The provisions contained in Ordinance No. 348 allow for construction and operation of this project provided that a conditional use pentfit is granted. The proposed use or action complies with all other requirements of state hw and local ordinances. The proposed use complies with California Governmental Code Section 65360, Section 18.28 (Conditional Use Permit) of Ordinance No. 348. The proposed project will not be detrimental to the health, safety or general welfare of the community. In addition, the Environmental Impact Report O:IR) prepared for this project mitigates all significant impacts of proposed project to an insignificant level with the exception of Hydrology, Seismic Safety, Air Quality and Land Use impacts for which Statement of Overriding Considerations have been prepared. Mitigation measures have been included in the Conditions of Appwval. The site is suitable to accommodate the proposed land use in tens of the size and shape of the lot configuration, access, and intensity of use, because the proposed planning application (conditional use permit), as condition.d, complies with the standards contained within the City's General Plan and Ordinance No. 348. , The project has acceptable access to a dedicated fight-of-way via an easement which is open to, and us.able by, vehicular traffic. Access to the project site is from a publicly maintained road (Margarita Road). The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project. Said findings are supported by maps, exhibits and environmental documents associated with these applications and her.in incorporated by reference. Section 3. Environmental Compliance. An initial study was completed for the project by Planning staff which indicated that there would be potentially significant impacts with the development of the liroject. Consequently, staff determined that an Environmental Impact Report would be necessary for the pwject. Environmental Impact Report No. 94-0002 was prepared by the applicant's consultant, Douglas Wood and Associates, Inc. and was reviewed by City staff. The Environmental Impact R~', --. ahalyzed the significance of all the impacts and proposed mitigation measures included ih :a~, lmal nlR that reduced these impacts to an insignificant level with the exception of Seismic Safety, Climate and Air Quality, Hydrology and Land Use for which Findings of Fact and Statement of Overriding Considerations have been included within the final EIR. Therefore, the City of Temecuh Certifies the Final Environmental Impact Report (PA 94-0002) which includes the Draft l!TR ,. the Response to Comments, the Mitigation Monitoring Program, Findings of Fact and Statement of Overriding R:\STAFFRP'T'%157PA93.PC 4~28~94 sdt 17 Considerations, the Staff Report and any associated attachments, and finds that it has been complexed in Cqmplinnce w_iffi _the California Quality Act (CEQA). Section 4. Conditions. That the City of Temecuh Planning Commi.~sion hereby appwves PA 93-0157 W allow the construction and operation of a transportation, administration and maintenance facility for the Temecula Valley Unified School District. The facility includes storage of school buses (with no more than 29 buses being operational at any given time) and maintenance vehicles, fuel and wash islands, bus repair bays, repair shops for maintenance operations and administrative offices located at North of Winchester Road and west of the' extension of Roripaugh Road and known as Assessor's Parcel No. 911-180-024, subject to the following conditions: A. Attachment No. 2. Section 5. PASSED, AlPROVED AND ADOPTED this 2nd day of May, 1994. STEVEN J. FORD CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 2nd day of May, 1994 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: G~Y~ORNI-tHJ, SERET~Y R:\STAFFRPT%157PA93.PC 4/28/94 edl 18 ATTACHMENT NO. 3 CONDITIONS OF APPROVAL R:\STAFFRPT~157PA93.PC 4/28/94 edl 19 ATTACHMENT NO. 3 CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA93-0157, (Conditional Use Permit) Project Description: Maintenance, Operations and Transportation facilities for. the Temecula Valley Unified School' District which includes storage of school buses (with no more than 29 buses being operational at any given time) and maintenance vehicles, fuel and wash islands, bus repair bays, repair shops for maintenance operations and administrative offices Assessor's Parcel No.: 911-180-024 Approval Date: Expiration Date: PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Nine Hundred Twenty-Eight Dollars ( $ 928.00) which includes the Eight Hundred Fifty Dollars ($850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) plus the Seventy-Eight Dollar ($78.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 California Code of Regulations Section 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711 ~4(c). General Requirements e The use hereby permitted by the approval of Planning Application No. PA93- 0157 is for ~he Maintenance, Operations and Transportation facility for the Temecula Valley Unified School District which includes storage of school buses (with no more than 29 buses being operational at any given time) and maintenance vehicles, fuel and wash' islands, bus repair bays, repair shops for maintenance operations and administrative offices. The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees. from any claims, action, or proceeding against the City of Temecula or its agents, officers, or employees to. attach, set aside, void, or annul, an approval of the City of Temecula, its advisory R:\STAFFRPT~157PA93.PC 4/28/94 sdl 20 8. 9. 10. 11. agencies, appeal boards, or legislative body concerning Planning Application No. PA93-0157. The_City of Temecula will promptly notify the permittee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. This approval shall be used within one (1) year of the approval datei otherwise, it shall become null 'and void. By use is meant the beginning of substantial construction contemplated by this approval within the one (1) 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 with the Exhibits approved with Planning Application No. PA93-0157, or as amended by these conditions. Colors and materials used shall conform substantially with Exhibit(s) marked I, or as amended by these conditions. (color elevations and material board). Materials. Colors Exterior: Concrete Tilt Up Stucco Roof: Metal Windows: Aluminum Doors: Metal Glass: Glass Natural (Type A) and Suntan (Type B), Light Gray (CM 8592) Jade Green (AEP Span) Green/Blue (CM 8684) Taupe (CM 8453) Light Reflective Silver (VA 1-13) Ten (10) parking spaces shall be-provided. A minimum of two (2) handicapped parking spaces shall be provided. Four (4) Class II bicycle racks shall be provided. The applicant shall comply with all the mitigation measures identified in the Mitigation Monitoring Program of the Environmental Impact Report (EIR PA94- 0002, Attachment No. 6). If the number of school buses is increased at a future time to more than twenty nine (29), the School District shall receive Planning Director approval to access the additional traffic, air quality and noise impacts associated with the additional buses. R:\STAFFRPT~157PA93.PC 4/28194 mdl 2 1 Prior to the Issuance of Grading Permits 12. The applicant sha~ C~mply with Ordinance No. 663 by paying the fee required by that ordinance which is based on (the gross acreage of the parcels proposed for development). Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required by Ordinance No. 663, the applicant shall pay the fee required under the Habitat Conservation Plan as implemented by County ordinance or resolution. 13. The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. Prior to the Issuance of Building Permits 14. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval and shall be accompanied by the appropriate filing fee. The location, number, genus, species, and container size of the plants shall be shown consistent with the approved conceptual plans. 15. The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. Prior to the Issuance of Occupancy Permits . 16. An Administrative Plot Plan application for signage or a Sign Program shall be submitted and approved by the Planning Director. 17. Roof-mounted equipment shall be inspected to ensure it is shielded from ground view. 18. All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans. 19. The temporary access road slopes shall be hydroseeded and irrigated. The Hydroseed ~ix shall be approved by the Planning Director. 20. All required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 21. The applicant shall obtain easements for the landscape planters located outside the property along the eastern and southern property lines. The applicant shall be responsible to maintain these planters until the parcel(s) immediately to the R:\STAFFRPT~157PAS3.PC 4/28/94 edl 22 22. east and south of the site are developed. Each p~rking 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 not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephone 23. 24. 25.- 26. 27. 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. Performance securities, in amounts to be determined by the Director of Planning to guarantee the installation of planrings, walls, and fences in accordance with the approved construction plans, and adequate maintenance of the Planting for one year, shall be filed with the Department of Planning~ The parking lot adjacent to Roripaugh Road for Chaparral High School shall be installed. A performance bond shall be secured to ensure the removal of the temporary access road after the completion of the Winchester Road widening project. The amount of this bond shall be determined by the Planning Director. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the develop~nent. R:\STAFFRPT~157PA93.PC 4128/94 edl. 23 BUILDING AND SAFETY DEPARTMENT 28. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655. 29. 30. Comply with applicable provisions of the 1991 edition of the Uniform Building, Plumbing and Mechanical; 1990 National Electrical Code; California Administrative Code Title 24 Energy and Handicapped Regulations and the Temecula Code. Submit at time of plan review, a complete exterior site lighting plan in compliance with Ordinance Number 655 for the regulation of light pollution. 31. Obtain all building plan and permit approvals prior to the commencement of any construction work. 32. Obtain street addressing for all proposed buildings prior to submittal for plan review. 33. All buildings and facilities must comply with applicable handicapped accessibility regulations. 34. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 35. Restroom fixtures, number and type, shall be in accordance with the provisions of the 1991 edition of the uniform plumbing code, Appendix C. 36. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 37. Provide electrical plan including load calcs and panel schedule, plumbing schematic and mechanical plan for plan review. PUBLIC WORKS DE~PARTMENT The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost tO any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for R:\STAFFRPT%157PA93.PC 4/28/94 sdl 24 further review and revision. General Requirements 38. 39. A Grading Permit for either rough or precise (including all onsite flat work and improvements) grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 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. 40. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall submitted to the Riverside County Flood Control and Water Conservation District for approval prior. to the issuance of any permit. 41. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 42. All plans shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of Grading Permits: 43. 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. 44. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: State of California Water Resources Control Board San Diego Regional Water Quality Control Board Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works Riverside County Health Depar{ment Community Services District General Telephone Southern California Edison Company Southern California Gas Company R:\STAFFRPT~1STPA93.PC 4128/94 sdl 25 45. 46. A Grading Plan shall be designed by a registered Civil Engineer and approved by the. Department of_ Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, City Standards, and as additionally required in these Conditions of Approval. A Soils Report prepared by a registered Soils Engineer shall be submitted to 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. An Erosion Control Plan in accordance with City Standards shall be designed by a registered Civil Engineer and approved by the Department of Public Works. 48. 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. 49. 50. 51. 52. 53. 54. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. A permit from the Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to Riverside County Flood Control and Water Conservation District prior to issuance of any permit. If the full Area Drainage Plan fee or mitigation char. ge has been already credited to this property, no new charge needs to be paid. The Developer shall obtain any necessary letters of approval or slope easements for offsite work performed on adjacent properties as directed by the Department of Public Works. A Flood Plain Development Permit and drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. b. Adequate provision shall be made for the acceptance and disposal of R:\STAFFRP'r~1STPA93.PC 4/28/94 55. 56. 57. 58. 59. 60. surface drainage entering the property from adjacent areas. '~he impact to the site from any flood zone as shown on the FEMA flood hazard map and any necessary mitigation to protect the site. Identify and mitigate impacts of grading to any adjacent floodway. The location of existing and post development 100oyear floodplain and floodway shall be shown on the precise grading plan. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall. be delineated on the precise grading plan. The Developer shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the Developer shall provide adequate facilities as approved by the Department of Public Works. The site is in an area identified on the Flood Hazard Maps as Flood Zone "A" and is subject to flooding of undetermined depths. Prior to the approval of any plans, this project shall comply with Ordinance 91-12 of the City of Temecula and with the rules and regulations of FEMA for development within a Flood Zone "A" which may include obtaining a letter of map revision from FEMA. 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. The extension of Roripaugh Road, west of Winchester Road, shall be a private road. Roripaugh Road shall be designed, and approved by the Department of Public Works, with 56 feet of asphalt concrete pavement within the dedicated right-of-way in accordance with City Standard No. 110. An offset cul-de-sac shall be designed, and approved by the Department of Public Works, at the terminus of Re. ripaugh Road in accordance with City Standard 600(A). Along the portion ~vhere no curb and gutter are proposed, temporary A.C. berm shall be installed at the exterior curve to accommodate positive drainage. 61. The Temporary Access Road shall be designed, and approved by the Department of Public Works, with 36 feet of asphalt concrete pavement. R:\STAFFRPT~157PA93.PC 4~28~94 sdl 27 62. 63. 64. Six (6) foot wide sidewalk shall be constructed along the Temporary Access Road an_d RoripaughRoad in accordance with City Standard Nos. 400 and 401. Concentrated onsite runoff shall be conveyed in concrete ribbon gutters to an adequate outlet as determined by the Department of Public Works. Private roads MUST be designed, reviewed, and approved by the Department of Public Works to meet City Public Road Standards or otherwise approved by the Department of Public Works. This should include but may not be limited to: C® Separation between on-site intersections shall meet current City Standards (200 feet minimum). Minimum safe horizontal centerline radii shall be required in accordance with City standard 113 or as otherwise approved by the Department of Public Works (all centerline radii shall be identified on the site plan). 90° parking immediately adjacent to the private streets shall be located a minimum safe distance from intersections. Identify whether gates will be proposed at entrances to project. If so, configuration, stacking distance, and turn-around ability will need to be reviewed and approved by the Fire Department and the Department of Public Works. All intersections shall be perpendicular (90°). All driveways providing access to two or more buildings shall be designed as a cul-de-sac or a loop road. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. Private Street improvement plans shall include plan profiles showing existing topography and utilities, and proposed centerline, top of curb and flowline grades as directed by the Department of Public Works. R:\STAFFRPT~157PA93.PC 4~28~94 adl 28 A construction area Traffic Control Plan shall be designed by a registered Civil Enginee_r and revie_wed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. Traffic shall remain open at all times and the traffic control plan shall provide for adequate detour during construction. Prior to the Issuance of Encroachment Permits: 66. All necessary grading permit requirements shall have been accomplished to the satisfaction of the Department of Public Works. 67. Street improvement plans including parkway trees and street lights prepared by a registered Civil Engineer and approved by the Department of Public Works shall be required for all public streets prior to issuance of an Encroachment Permit. Final plans and profiles shall show the location of exiting utility facilities within the right-of-way as directed by the Department of Public Works. 68. The following criteria shall be observed in the design of the improvement plans and/or precise grading plans to be submitted to the Department of Public Works: a. Driveways shall conform to the City Standard No. 207A. Concrete sidewalks and handicap ramps shall be constructed along public street frontages in accordance with City Standard Nos. 400, 401, and 402. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibil!ty. 69. A Signing anci Striping Plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Roripaugh Road, Margarita Road, and the Temporary Access. Road and shall be included in the improvement plans. 70. The Developer shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public and private improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. R:\STAFFRPT~157PA93.PC 4/28/94 edl. 29 Street improvements, which may include, but not limited to: pavement, .c_urb and gutter, sidewalks, drive approaches, street lights, signing, striping, and traffic control devices as appropriate b. Storm drain facilities c. Landscaping (slopes and parkways) d. Sewer and domestic water systems e. All trails, as required by the City's Master Plans f. Undergrounding of proposed .Utility distribution lines g. Erosion control and slope protection Prior to Issuance of Building Permit: 71. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Riverside County Fire Department Planning Department Department of Public Works Riverside County Flood Control and Water Conservation District 72. All necessary construction or encroachment permits have been submitted/accomplished to the satisfaction of the Department of Public Works. 73. All drainage facilities shall be installed as required by the Department of Public Works 74. All building pads shall be certified by a registered Civil Engineer forlocation and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 75. This development must enter into an agreement with the City for a "Trip Reduction Plan" in accordance with Ordinance No. 93-01. 76. The Developer shall obtain an easement for ingress and egress over the adjacent property. 77. The Developer shall notify the City's Cable T.V. Franchises of the intent to develop. Conduit shall be installed to Cable T.V. Standards prior to issuance of Certificate of Occupancy. R:\STAFFRPT~,157PA93.PC 4/28/94 sdl 30 Prior to Issuance of Certification of Occupancy: 78, As dee~ed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District General Telephone Southern 'California Edison Southern California Gas Planning Department Department of Public Works Riverside County Flood ContrOl and Water Conservation District 79. All improvements shall be constructed and completed per the approved plans and City standards, including but not limited to curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees, street lights on all interior public/private streets, signing, and striping as directed by the Department of Public Works. 80. The extension of Roripaugh Road, west of Winchester Road, shall be constructed in accordance with City Standard No. 110. 81. An offset cul-de-sac shall be constructed at the terminus of Roripaugh Road in accordance with City Standard 600(A). 82. The Temporary Access Road shall be constructed. 83. Six foot wide sidewalk shall be constructed along the Temporary Access Road and Roripaugh Road in accordance with City Standard Nos. 400 and 401. 84. In the event road or off-site right-of-way are required 'to comply-with these conditions, such easements shall be obtained by the Developer; or,'in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the Developer shall enter into an agreement with the City for the acquisition of such easement at the Developer's cost pursuant to Government Code Section 66462.5, which shall be at no cost to the City. 85. Dedicate a 36 foot wide easement for public utilities and emergency vehicles access for all private streets and drives. 86. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. R:\STAFFRPT~157PA93.PC 4/28/94 edl. 3 1 87. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. OTHER AGENCIES 88. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated April 4, 1994, a copy of which is attached. 89. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 546 and the County Fire Warden's transmittal dated August 3, 1993, a copy of which is attached..+ 90. The applicant shall comply with the recommendations set forth in the Department of Transportation transmittal dated August 12, 1993, a copy of which is attached. 91. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water district transmittal dated August 16, 1993, a copy of which is attached. 92. The applicant shall comply with the recommendations set forth in the Rancho Water transmittal dated March 22, 1994, a copy of which is attached. R:\STAFFRPT%lS7PA93.PC 4/28/94 edl 32 rzmN~51%14. MANAeI~e-CNIEF RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Ladies and Gentlemen: RECEIVED APR 0 5 199 f Ans'd ............ This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation, or other final approval, should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revi.~on (CLOMR) prior to grading, recordalton or other final approval of the project, and a Letter of Map Revision (LOM R) prior to cx:cupancy. If a natural walercourse or mapped flood plain is impacted by this project the City should require the applicant to obtain a Section 160111603 Agreement from the Caiifomia Department of Fish and Game and a Clean Water Act Section 404 permit from the U.S. Army Corps of Engineers, or written corres~ from these agerides indicating the project is exempt from these requirements. A Clean Water Act Section 404 Water Quality Cerlilication may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, _.~C)f DUSTY WILUAMS Senior Civil Engirmer 4--1-94- GFNFRAL INFORMATION radiities, other regional flood contrd and drainage facilffies which could be considered a logical ~ or extension of a master plan system, and Distdct Area Drainage Ran fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the propo__eed_ project in detail and ~e fallowing Chedr, ed comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: JThis project would not be impacted by District Master Drainage Ran fadlitjas nor are olher fadlffias of regional interest proposed. "]This project involves District Master Ran facilities. The District will accept ownership of such radiities on written request ot the City. Facilities must be constructed to District standards, and District plan chec~ and inspection will be required for District acceptance. Ran check, inspection and administrative fees will be required. "]This project proposes channels, storm drains 36 inches or larger in diameter, or other facilities 1hat could be considered regional in n; anclJor a logical extension of The adopted Master Drainage Ran. The District would consider accep~., ownership of such radiities on writtan request of the City. Facilities must be cortstmctad to District standards, and District plan chec~ and inspection will be required for District acceptance. Ran Check, inspec~on and administrative fees will be required. F"'~This project is located within the limits of the District's Area Drainage Ran for which drainage fees have been adopted; applicable fees should be paid to the Rood Control District or City prior to final approval of the project, or in the case of a parcel map or subdivision prior to recordation of the final map. Fees to be paid should be at the rate in effect at the time of recordation, or if deferred, at the time of issuance of the actuai permit. RIVERSIDE COUNTY %"" ;--FIRE DEPARTMENT HARRIS 210 WEST SAN JACINTO AVENUE * PERRIS, CALIFORNIA 92570 · (909) 657-3183 TO: ATTN: RE: Temecula Planning Department Saied Naaseh .PA93-0157 August 3, 1993 With respect to the conditions of approval'for the above refer- enced plot plan, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: i. The Fire Department is required to set a minimum fire flow for tire remodel or construction of all commercial buildings using the procedure establisi-,ed in Ordinance 546. 2. Provide or show there exists a water system capable of delivering 2250 GF'M for a 2 hour duration at 20 PSI residual operating pressure, wk~Xch must be available before any combustible material i=- placed on the job site. 3. A combination of on-site and off-site super fire hy- drants, on a loooeO system (6"x4"x2 1/2":.'.2 1/2"), will be located not less than ~ feet or more than 165 feet ~rom any portion of the building as measured along approved vehicular tr-a:..~e].ways. The reo. uired fire flow shall be av'aiiable from any aOj acent hydrant ( s ) in the system. 4. Blue dot reflectors shall be mounted in private streets and driveways to indicate location of fire hydrants. They shall be 'mounted in the middle of the street directly in line with fire hydrants. 5. The required fire flow m~y be adjusted at a later point in the permit process to r6flect changes in oesign, con- struction type, area seOara~ien or built-in fire protection measures. ~] RIVERSIDE OFFICE 3760 12th S~reet, Riverside, CA 92501 (909) 275-4777 · FAX (909) 369-7451 FIRE PREVENTION DIVISION PLANNING SECTION [~ INDIO OFFICE 79-733 Counu7 Club Drive, Suite F, Indio, CA 92201 (619) 863-8886 * FAX (619) 863-7072 ,e.nnte~ ode n.e'yded peime~'~ ~. Aoplicant/OeveloOer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the .~ystem s~a_!l meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the reOuirements prescribed by the Riverside Coutnty Fire Department". 7. Install a complete fire sprinkler system in all build- ings. The post indicator valve and fire deOartment connec- '~'ior. sha~l be located ~n the front, within 5o feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinkled must be included on the title page of the building plans. Aoolicant/developer shal~ be responsible to insta~ fire alarm s>stem. Plans must be submitted to ~he Fire Department for approval prior to installation. 9. A statement that the building will be automatically fire s0rinklered must apprear. on the title page of the building oians. i0. Occupancy separation will be required as per the form Building Coda, Section 503. Uni- 21. Prior to final impsection of any building, the appli- cant shall mremare ann submit to the Fire Depar*cment for -c, op',-ovai, a site plan designating required fire lanes with aFz. mropriate lane painting and or sions. 22. install portable fire e,','tinguishers with a minimum rati!,qg of 2A~0~;C. Con!iact a certified extinguisher company for F:;rc, per placement of e,3ulpment. 23. Amr-,iicant/develooer shall be responsible for- obtaining underoround o~- a'boveground permits from both the County r.~c,~ ..... aF~d ire Departments. 14. Prior to the issuance of building permits, the appli- cant/developer shall be responsible to submit a check or mon.e'~., order in the amount c,f $558.,:)t> to the Riverside County Fire De~o~rtment for plan check fees. Please reference Plan Check Number with remittance. /5. Prior to the issuance o'f building p~rmits, the deveioO- er shall deposit, wi[h the ~ity of Temecuia, a check or money or~er e~ualing the su~i c,f ~.25 met smuare foc, t as rnltlaalion for fire protection impacts. This amount must be submZ~tad separately from the ~lan check fees. 18. Final conditions will be addressed when building are reviewed in the building and Safety Office. plans All questions regarding the meaning of conditions shall ferred to the Planning and Engineering Staff. be re- RAYMOND H. REGIS Chief Fire Department Planner Laura Cabral, Fire Safety Specialist Fire Captain Specialist ~A~ OF' CALIFORNIA---BUSINESS, TRANSPORTATIC~ AND HOUSING AGEN~ D~PART/~ENT OF TRANSPORTATION DISTRICT 8, P.O. BOX 231 SAN BERNARDINO, CA 92402 TDD (909} 383-4609 PETE WILSON, Goremot e August 12, 1993 Development Review 08-Riv-79-R3.45~ Your Reference: PA 93-0157 RECEIVED AUG 18 1993 Ans 'd ............. Mr. Saied Naaseh Planning Department City of Temecula City Hall 43172 Business Park Drive Temecula, CA 92390 Dear Mr. Naaseh: Thank you for the opportunity to review the proposed Planning Application 93-0157 located northerly of Highway 79 (Winchester Road), between Margarita Road and Roripaugh Road in Temecula. Please refer to the attached material on which our comments have been indicated by the items checked and/or by those items noted under additional comments. If any work is necessary within the State highway right of way, the developer must obtain an encroachment permit from the Caltrans District 8 Permit Office prior to beginning work. Please be advised that this is a conceptual review only. Final approval of street improvement, grading and drainage will be determined during the Encroachment Permit process. If additional information is desired, please call Mr. Ahmad Salah of our Development Review Section at (714) 383-5908. Very truly yours, G.A. LUNT Branch Chief Development Review _~_JI.T~TRAMB DIt'VRTa~PI~.NT plelq'wlf .FOP1( YOUR REFERENCE ~It,,O'VTDIE TO Pure 'CNeas ' ( Co RTE PM) WE RBQUBBT THaT THE ZTEMB CliE~KED BELOW BB ZNCLUDED Z3~ TIZB COBDZTZONB OF APPROVAL FOR THIS PP.O~TECT: ., N01UeL RIGHT OF %dAY DEDICATION TO PROVIDE HALF--MIDTH ON THE STATE HIGINAT, NORHAL STREET INPROVEHENTS TO PROVIDE HALF-'VIDTH ON THE STATE HIGHMAY. CURB AND GUTTER, STATE STANDARD A87 , TYPE A2-8 ALONG THE STATE HIGHMAY. PARKING SHALL BE PROHIBITED ALONG THE STATE HIGHMAY BY THE PRC)PER PLACEMENT OF NO PARKING SIGNS. 35 FT UDIUS CUR1 REMUS SHALL BE PROVIDED AT INTERSECTIONS MITH THE STATE HIGHMAY. STATE STANDARD NGP A88, CABF.-A I,IHEELCHAIR RN4PS SHALL BE PROVIDED IN THE CURB RETURNS AS DEFINED IN THE HIGHMAY DESTG. HANUAL, SECTZGN 105.4 (2). A POSITIVE VEHICULAR BARRIER ALONG THE PROPERTY FRONTAGE SHALL BE PROVIDED TO LIMIT PHYSICAL ACCESS TO THE STATE HIGHIdAT. VEHICULAR ACCESS SHALL NOT BE DEVELOPED DIRECTLY TO THE STATE HIGliVAY. VEHICULAR ACCESS TO THE STATE HIGliVAY SHALL BE PROVIDED BY EXISTING PUBLIC ROAD COMNECTIOHS. VEHICULAR ACCESS TO THE STATE HIGHUAT SHALL BE PROVIDED IT STANDARD DRIVE!dAYS. VEHIOJI.AR ACI:F.$S SHALL NOT BE PROVIOED MITHIN OF TIE INTEI~r~ICll AT VEHICLILAI _arrsSS TO THE STATE NIGINAY SHALL I[ IqtOVIDED IT A ROAD--TYPE CI:)NNECTIOH, VEHICULAR ACCESS COIINECTIOHS SHALL IE PAVED AT LEAST MITHIN THE STATE HIGHVAT RIGHT OF MAY. A(:Z:~$S POINTS TO THE STATE HIGINAY SHALL BE DEVELOPED IN A HANNER THAT MILL PROVIDE SIGHT DISTANCE FOR ALONG THE STATE .HIGINAY. LANDSCAPING ALONG THE STATE HIGHMAY SHALL PROVIDE FOR SAFE SIGHT DISTANCEt COMPLY MITH FIXED OBJECT SET BACK AND BE TO STATE STANDARDS. A LEFT--TUIN LANEr INCLt.i)ING SHOULDERS AND ANY NECESSARY MIDENINGt SHALL BE PROVIDED ON THE STATE NIGHtdAY. .,, o,,-,,,, ,,o., ,,,,,,.. ,,,...,.,., ...., A PARKING SHALL BE DEVELOPED IN A HANNER THAT MILL I~T CAUSE ANY VEHICUI. JUt MOVB4ENT COIIFLICTS; INCLUDING PARKING /:L~ ENTRANCE AND EXITe MITHIN OF THE ENTRANCE FROH THE STATE HIGHMAY, SHALL BE TAKEN ie'HEN DEVELOPING THIS PROPERTT TO PRESERVE AND PERPETUATE THE EXISTING DRAINAGE PATTERN OF THE STATE NIGINAY, PARTICULAR CQNSIDERATION $HOJLD BE GIVEN TO CLINLATIVE INCREASED $TCiUe RUleFF TO ]NSURE THAT A HIGHMAY DRAINAGE PRORLEN IS NOT CREATED. , PLRASE REFER TO ATTACHED ADOITIONAL (:~NTS. PROVIDE TO APPLICANT. PLEASe B~e ZnVTSND THAT THT2 T8 A CONCwPTUAT. pwVI'leW O~.Y. FT~T. AppRO~T. fiLL BE DE~T~n D~TNG R ~A~~ pRaTT P~BB. 'fil"g FOT,T.r"qrrNG T'IrII~.B/S~IK A~pT.TC]~T.'Ie '1"O T,nOIT. ]kGR'NQY l=nvslllPe:RB/wNgT:!rleleRB CONSTRUCTION/DEMOLITION HITHEN PRESENT OR PRMSED STATE lIGHT OF MAT SNCULD BE INVESTIGATED FOR POTENTIAL HAZARDOUS HASTE ( I.E.ASKSTON; PETROCHENICALS; ETC.) AND NITIGATED AS PER REOUIRB4ENTS OF REGULAT~Y AGENCIES. WHEN PLANS ARE SUIIITTED; PLEASE COIlFORM TO TIE BEGUIREMEHTS OF TIE ATTACHED nJiANDCUTn. THIS UILL EXPEDITE THE REVIEW PROCESS AND TIHE REQUIIB) FOR PLAN CHECg. PROVIDE TO APPLICANT, ALTHOUGH THE TRAFFIC AND/ON DRAINAGE GENERATED BY THIS PltCI~SAL DO NOT APPEAR TO NAVE A SIGNIFICANT EFFECT ON THE STATE HIGINAY STSTE!I; CONSIDERATION ledST BE GIVEN TO THE Cl/4JLATIVE EFFECT OF CONTINUED DEVELOPI4ENT IN THIS AREA. ANY HEASURES NECESSARY TO NITIrATE THE ClJ4ULATIVE ]I4PACT OF TRAFFIC AND/ON DRAINAGE SHALL BE PROVIDED PRION TO ON UITH DEVELOPHINT OF THE AREA THAT NECESSITATES THEHe CONSIDERATION SHALL BE GIVEN TO THE PROVISION; OR FUTURE PROVISION; OF SIGNIL2ZATION AND LIGHTING OF THE lhT'~a~b-'Tl3~ OF ~ T}E STA~__ HI=~.AY ~ ~ aa~ IT APPEARS THAT THE TRAFFIC AND/ON DRAINAGE GENERATED BY THIS PROPOSAL COULD HAVE A SIGNIFICANT EFFECT ON THE STATE HIGIf,/AY $YSTEH OF THE AREA° bY 14EASURES TO NITIrATE THE TRAFFIC AND/ON DRAINAGE IMPACTS SHALL BE INCLUDED UITH THE DEVELOPHINT. THiS PORTION OF THE STATE HIGHWAY IS INCLUDED IN THE CALIFONNIA MASTER lib. AN OF STATE PZIGHUAYS ELIGIBLE FON OFFICIAL SCENIC Z'ZIGHIdAY DESIGNAT]ON AND IN THE FUTURE YOUR AGENCY NAY i/]$H TO NAVE THIS ROUTE OFFICIALLY DESIGNATED AS A STATE SCENIC PZIGHMATo THIS PORTlOll OF THE STATE HIGHMAY HAS BEEN OFFICIALLY DESIGNATED AS A STATE SCENIC HIGHUAY; AND DEVELC~NT IN THIS CORRIDOR SHOULD BE ClIPAT[BLE IdtTH THE SCENIC NIGJ&IAY CONCEPT. IT iS ~ECUemIZED THAT TIIERE IS CX3NSIDERABLE RILIC COlIC!Ill ADCUT MOISE I.EV~LI ADJACBIT TO HEAVILY TIAVELLED HIGHMATS. LIID DEVELCeg!ENTt IN CIDER TO BE Cl)~ATIILE MITII THIS I:ZiK/RN; NAY REOUIIE IIm~CIAL MOISE ATTEMUATION HEAm. IES. DEVELORENT OF THIS PROItltTT ~ l~ ~ff ~ 80111 A17EIJaTION. PLEASE 8FRD ~ TTEM8 C'HECF~-D nl~T~W TO x CAZ,T~IL~S DISTRICT 8 DEVELDP!IBIT I~rVIB,/B~JUiC, P.O. ]klx 231 SAN BERNAROi,O, C~ 92402 A coPY OF ANY CONDITIONS OF APPROVAL ON REVISE/) APPROVAL. COPY OF ANY DOOJqENTS PROVIDING ADDITIONAL STATE HIGINAY RIGHT OF MAY UPON RECORDATION OF THE NAP. ' AJ~Y PROPOSALS TO FURTHER DE~/ELOP THIS PROPERTY. : A COPY OF THE TRAFFIC ON ENVIRONHENTAL STUDY. CHECK PRINT OF THE PARCEL ON TRACT NAP. CHECK PRINT OF THE PLANS FON ANY INPROVEMEHTS MITH]H ON ADJACENT TO THE STATE HIGHWAY RIGHT OF MAY. CHECK PRINT OF THE GRADING AND DRAINAGE PLANS FOR THIS PROPEITY UHEN AVAILABLE. Eastern Municipal Water District August 16, 1993 RECEIVED Saied Naaseh, Case Planner City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 SUBJECT: Temecula Valley Unified School District Facility (Pl 93-0157) AUG18 1993 Ans'd ............ Operations Dear Mr. Naaseh:: We have reviewed the materials transmitted by your office which describe the subject project. Our comments are outlined below: General It is our understanding the subject project is a proposed 5.4 acre transportation/maintenance/operations facility, lecated adjacent to the Santa Gertrudis Creek channel, approximately 500 ft north of Margarita Rd. The subject project is located within the District's sanitary sewer service area. However, it must be understood the available capabilities of the District's systems are continually changing due to the occurrence of development within.the District and programs of systems improvement. As such, the provision of service will be based on the detailed plan of service requirements, the 'timing of the subject project, the status of the District's permit to operate, and the service agreement between the District and the developer of the subject project. The developer must arrange for the preparation of a detailed plan of service. The detailed plan of service will indicate the location(s) and size(s) of system improvements to be made by the developer (or others), and which are considered necessary in order to provide adequate levels of gervice. To arrange for the preparation of a plan of service, the developer should submit information describing the subject project to the District's Customer Service Department, (909) 925-7676, extension 409, as follows: 1. Written request for a "plan of service". Mail To: Post Office Box 8300 · SanJacinto, California 92581-8300 · Telephone (909) 925-7676 · Fax (909) 929-0257 Main Office: 2045 S. San Jacinto Avenue, San Jacinto · Customer Service/Engineering Annex: 440 E. Oakland Avenue, Hernet, CA Saied Naaseh PA 93-0157 August 16; 1993 Page 2 Minimum $400.00 deposit (larger deposits may be required for extensive development projects or projects located in "difficult to serve" geographic areas). Plans/maps describing the exact location and nature of the subjec~ project. Especially helpful materials include grading plans and phasing plans. Sanitary Sewer The subject project is considered tributary to the District's Temecula Valley Regional Water Reclamation Facility (TVRWRF). The nearest existing TVRWRF system sanitary sewer facilities to the subject project are as follows: 15-inch diameter sewer aligned along Winchester Rd. between Margarita and Nicolas Rds. Recently constructed collector sewer aligned along Margarita Rd., west of Winchester Rd. and crossing the Santa Gertrudis Creek. (Note, this sewer has not been placed in-service as of this date.) Other Issues The representative of the subject project must contact the District's Customer Service Department to arrange for a plan check and field inspection of onsite plumbing. Should you have any questions regarding these comments, please feel free to contact this office at (909) 925-7676, extension 468. Very truly yours, EASTERN. MUN~CIP~/~WATER David G. Crosley DISTRICT DGC/cZ AB 93-869 (wp-ntwk-PA930157.clz) Wa r Board 6f Dlrecto~Ts Doug Ku]berg · Jeffrey L. Minklet Ralph H, Daily Nancy K. Hughes Csaha F. Ko Lisa D. Peter,~on Richard D. Steffo) Phillip L. Forbes March 22, 1994 Mr. Saied Naaseh City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590-3606 HAR 2 9 Bgz Water Availability Maintenance, Operations, Transportation (MOT) Facility Temecula Valley Unified School District Dear Mr. Naaseh: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management fights, if any, to RCWD. If you have any questions, please contact Ms. Senga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Devel6pment Engineering Manager Se:SO:mglS/F186 cc: Senga Doherty, Engineering Technician Rancho California Water District 42 i::.% XXlnch,.ster R.ad · Post Office, Bi}x 9017 * Temecula. California 925S9-9017 * rShqg, 676-4101 * F.-LX ,909,676-0615 J ATTACHMENT NO. 4 EXHIBITS R:\STAFFRPT%157PA93.PC 4/28/94 edl ;3:3 CITY OF TEMECULA CASE NO.: PA93-0157 AND PA94-0002 EXHIBIT: A ~.C. DATE: MAY 2, 1994 VICINITY MAP R:\STAFFRPT~157PA93.PC 4/26/94 sdl CITY OF TEMECULA / / CASE NO.: PA93-0157 AND PA94-0002 EXHIBIT: B P.C. DATE: MAY 2, 1994 ZONING MAP R:\STAFFRPT~,157PA93.PC 4/26/94 "dl CITY OF TEMECULA CASE NO.: PA93-0157 AND PA94-0002 EXHIBIT: C 'LC. DATE: MAY 2, 1994 SITE PLAN R:\STAFFRPT~157PA93.PC 4/26/94 CITY OF TEMECULA CASE NO.: PA93-0157 AND PA94-0002 EXHIBIT: D P.C. DATE: MAY 2, 1994 LANDSCAPE PLAN R:\STAFFRPT%157PA93.PC 4/26/94 sdl CITY OF TEMECULA CASE NO.: PA93-0157 AND PA94-0002 EXHIBIT: E '.C. DATE: MAY 2, 1994 ELEVATIONS R:\STAFFRPT~157PA93.PC 4/26/94 edl CITY OF TEMECULA CASE NO.: PA93-0157 AND PA94-0002 EXHIBIT: F P.C. DATE: MAY 2, 1994 ELEVATIONS R:\STAFFRPT~157PA93.pC 4/26/94 sdl CITY OF TEMECULA CASE NO.: PA93-0157 AND PA94-0002 EXHIBIT: G ".C. DATE: MAY 2, 1994 FLOOR PLAN R:\STAFFRP'l'%157PA93,PC 4/26/94 CITY OF TEMECULA ! ] Ol~l:l:llllllll:tl:lll;llll::~ CASE NO.: PA93-0157 AND PA94-0002 EXHIBIT: H P.C. DATE: MAY 2, 1994 OVERALL SITE PLAN R:~STAFFRPT~157PA93.pC 4/26/94 ATTACHMENT NO. 5 FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS R:\STAFFRPT~157PA93.PC 4/28/94 edl 34 FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING ~ FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEA. RINGHOUSE NUMBER 93092023) FOR TRE TEMECULA V, aLLEY UNIFIED SCHOOL DISTRICT, MAINTENANCE, OPERATIONS AND TRANSPORTATION FACH~vFY (PLANNING APPLICATION 94-0002) The City of Temecula (the "City") hereby certifies the Temecula Valley Unified School District, Maintenance, Operations and Transportation Facility, Final Environmental Impact Report, State Clearinghouse Number 93092023, which consists of the Draft EIR, the Response to Comments on the Draft EIR, the Mitigation Monitoring ProgrRm~ these Findings of Fact, the Staff Report and any associated attachments (collectively referred to as the "Final EIR"), and fin& that it has been completed in compliance with the California Environmental Quality Act (Public Resource Code Section 21000, et seq.) CCEQA") and that the City of Temecula has received, reviewed and considered the information contained in the Final EIR, all hearings, and submissions of testimony from officials and Departments of the City, the Applicant, the public and other municipalities and agencies. Having received, reviewed and considered the foregoing information, as well as any and all information in the record, the City of Temecula hereby makes these Findings of Fact pursuant to, and in accordance with Section 21081 of the Public Resource Code as follows: BACKGROUND The Temecula Valley Unit~ed School District, Maintenance, Operations and Transportation Facility (the "proposed project") involves of a total of 24,399 interior square feet for various transportation, administrative and maintenance activities. Storage space will also be provided for 40 school buses and 75 maintenance vehicles as well as a fuel and wash island for District vehicles. The transportation portion of the facility wffi involve 10,863 square feet of space for six bus repair bays with associated repair and storage areas. Surrounding the transportation portion of the facility are the 40 bus storage stalls. Although storage will be pro,ided for 40 buses, the Temecula Valley Unified School District anticipates that a maximum of 29 buses wffi be operational at any one time. During the morning hours, a maximum of 29 buses out of the 40-bus fleet will be in operation. After noon, a maximum of 10 buses will be in operation. Buses will warm up and depart the site at staggered times within these periods. The sdministration portion of the facility will involve 5,939 interior square feet of office space for District administrative functions and wffi generally operate between the hours of 7:00 a.m. and 5:00 p.m. The maintenance portion of the proposed facility consists of 6,035 square feet of repair shops performing plumbing, heating/air conditioning repair, carpentry, electrical, lo~-i~=mith, irdkation and landscape maintenance functions. This pertion of the facility will be operational between the hours of 6:45 a.m. and 3:30 p.m. An additional 1,562 square feet of common area containing compressors, lubrication and welding equipment will also be provided. A fuel and wash island will be included on- site to serve District vehicles. Dispensing facilities for compressed and natural gas of use in motor vehicles is being considered for the fuel island. In addition to the. 40 bus storage stalls noted above, the proposed transportation, srlminlstration and maintenance facility will also contain 75 parking spaces for maintenance vehicles, 10 visitor parking stalls adjacent to the Administration portion of the proposed f_s_r61ity and a separate, outdoor storage area for lawn mowers and other landscape equipment. The proposed project is anticipated to involve a total of approximately 96 employees at the initiation of operations in 1994 which will increase to 116 employees by the year 2010. In addition to certification of the Final Environmental Impact Report, the City of Temecula must approve a Conditional Use Permit (Planning Application 93-0157) for the proposed project. The City of Temecula circulated copies of the Notice of Preparation (NOP) for the proposed project in September, 1993 to all Responsible Agencies and interested groups and individuals stating that a Draft Environmental Impact Report (EIR) will be prepared. Various agencies and individuals provided written comments within the State-mandated 30 day public review period for the NOP. These written comments discussed the scope and content of information to be contained within the Draft EIR. Copies of these comments on the NOP are contained within Appendix A of the Draft EIR. The Draft' Environm'ental Impact. Report (Draft EIR) for the Temecula Valley Unified School District, Maintenance, Operations and Transportation Fadlity was initially submitted to the City of Temecula on September 27, 1993. During the months of September, 1993 through February, 1994 and subsequent to the public review of the Notice of Preparation, the City of Temecula internally reviewed "screencheck" copies of the Draft EIR. Upon completion of this review, copies of the Draft EIR were forwarded to all Responsible Agencies and interested groups and individuals. As was also the case for the Notice of Preparation, the Draft EIR was forwarded to the State Clearinghouse for distribution to and review by various involved State agencies. The State:mandated 45-day public review of the Draft EIR began on February 22, 1994 and ended on April 8, 1994. A Responses to Comments package has been prepared which presents written responses to comments received as a result of the public review of the Draft EIR. This Responses to Comments package is included as part of the Final Environmental Impact Report. T~EENVIRONMENTALIMPACTREPORT An Initial Study for the Temecula Valley Unit~ed School District, Maintenance, Operations and Transportation Fa_rdlity was prepared by the City of Temecula on August 27, 1993, which identified potential environmental impacts attributable to the proposed project. These potential impacts include: Seismic Safety; Slopes and Erosion; Noise; Climate and Air Quality; Circulation; Hydrology; Water Quality; Risk of Upset; Cultural and Scientffic Resources; W~dlifeNegetation; Land Use; Toxic Substances; Aesthetics/Light and Glare; Natural and Energy Resources; Public Facilities and Services (water and sewer, fire protection, police protection, utilities and solid waste); Growth-Inducing Impacts and Cumulative Impacts. In addition, the Initial Study identified the necessity to analyze Project Alternatives and provide a Mitigation Monitoring Program. As a result of the Initial Study, it was determined that the proposed project may have a significant effect on the environment and an Environmental Impact Report (EIR) was required. The Final EIR analyzed both project and cumulative effects of the potential environmental impacts identified in the Initial Study. The Final EIR developed and identified a variety of mitigation measures to minimize, reduce, avoid or compensate for the potential adverse effects of the proposed project. The Final EIR also discussed a number ofpetential alternatives to the proposed project, including the: 1) the No Project Alternative; 2) the Commercial Land Use Alternative; 3) the Business Park Land Use Alternative; and 4) Alternate Project Sites. The Draft Environmental Impact Report was circulated for public review by the City of Temecula between the dates of February 22, 1994 and April 8, 1994 in conformance with Section 15086, et.seq. of the State CEQA Guidelines. This 45-day public review period (per Section 15087 (c) of State CEQA Guidelines) resulted in the receipt of comments from a variety of governmental agencies and other responsible parties. Responses to the comments received regarding the proposed project and the Draft EIR were prepared, and then reviewed and revised by City staff. This Responses to Comments package is included in the Final EIR. Public hearings will be held on the project proposal and its associated environmental impacts by the City of Temecula prior to the certification of the Final EIR. The City of Temecula makes the foRowing findings in adopting a Resolution certifying the Final Environmental Impac~ Report. Section i of these Findings contains the Statement of Overriding Considerations. Section 2 discusses those potential environmental effects of the proposed project which are not significant or which have been mitigated to a level of insignificance. Section 3 discusses the significant unavoidable environmental effects of the proposed project which c~nnot be feasibly mitigated to a level of insignificance. Section 4 discusses the growth-inducing impacts of the proposed project. Section 5 discusses the alternatives to the proposed project discussed in the Final EIR. Section 6 discusses the Mitigation Monitoring Program for the proposed project. Section 7 contains the Section 15091 and 15092 findingS. The fllldillgs set forth in each section are supported by substantial evidence in the aclminqstrative rdc0rd of the proposed project. Appendix A to this Findings package contains a copy of the Mitigation Monitoring Program for the proposed project. SECTION 1 "STATEMENT OF OVERRIDING CONSIDERATIONS The Final EIR identified and discussed significant effects which will occur as a result of the proposed project. With the implementation of the mitigation measures discussed in the Final EIR, these effects can be mitigated to levels of insignificance except for project-related unavoidable. significant impacts in the areas of Seismic Safety, Climate and Air Quality, Hydrology and Land Use as identified in Section 3 of these Findings. Having reduced the effects of the proposed project by adopting Conditions of Approval and monitored mitigation measures and having balanced the benefits of the proposed project against the proposed project's potential unavoidable adverse impacts, the City of Temecula hereby determines that the benefits of the proposed project outweigh the potential unavoidable adverse impacts, and that the unavoidable adverse impacts are nonetheless "acceptable" based on the following Overriding Considerations: 1. The proposed project will assist and enhance the operations of the Temecula Valley Unified School District through the construction of a combined Maintenance, Operations and Transportation Facility. As such, transportation, administrative and maintenance functions will be integrated into one site. 2. This centrally-located facility wffi most efficiently serve the transportation, administrative and maintenance needs of the School District and its students. 3. The proposed project will be required to construct all required on- and off-site infrastructure improvements in a coordinated fashion which is consistent with surrounding land uses. 4. On-site fueling facilities will be designed to provide for the opportunity in the future for the dispensing of alternate fuels (compressed natural gas) for District and other government vehicles in the future. Availability of these alternate fuels will reduce the reliance. upon petroleum fuels and the associated air pollution impacts. 5. During the life of the project, it is anticipated that an additional 20 employment opportunities will be generated. These jobs are in addition to the existing number of employees who will be working on-site at the initiation of project operations. SECTION 2 - POTENTIAL ENVIRONMENTAL EFFECTS WHICH ARE NOT SIGNIFICANT OR WHICH HAVE BEEN MITIGATED TO A LEVEL OF INSIGNIFICANCE All Final EIR mitigation measures (as set forth in the Mitigation Monitoring Program attached as Appendix A to these Findings) have been incorporated by reference into the Conditions of Approval for the proposed Temecula Valley Unified School District, Maintenance, Operations and Transportation Facility. The City of Temecula has determined that these mitigation measures and Conditions of Approval will result in a substantial mitigation of the following effects and that these effects are not considered signfficant or they have been mitigated to a level of insignificance. The mitigation measures referred to below are contained within the Mitigation Monitoring Program which is attached as Appendix A to these Findings. Seismic Safety Potential Impact: The site will be impacted by seismic activity along the Wildomar fault which is located approximately 1.4 miles southwest of the project. It is estimated that a 7.5 earthquake along the Elsinore fault zone could create a maximum peak ground acceleration on-site of 0.70g. Findings: Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design will reduce the impacts identified in the Final EIR to an insignificant level. Facts:- The above Finding is made in that Mitigation Measures 1 and 2 within Section A. Seismic Safety of the Mitigation Monitoring Program will mitigate the identified impacts. Slopes nnd Erosion Potential Impact: Development of the site will require alteration of the existing land- form and minimal' cut and fill operations. The proposed grading plan results in an estimated 30,700 aibic yards of cut and 85,300 cubic yards of ~l. Findings: Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design will reduce the impacts identified in the Final EIR to an insignificant level. Facts: The above Finding is made in that Mitigation Measures 1,2 and 4 within Section B. Slopes and Erosion of the Mitigation Monitoring Program will mitigate the identffied impact. Potential Impact: Slope erosion on-site is a sig~ifle~nt concern regarding surficial stability. All cut and fill slopes will be planted with erosion resistant vegetation and other protectabe devices. Finding: Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design will reduce the impact identified in the Final EIR to an in~dgni~cant level. Facts: The above Finding is made in that Mitigation Measure 8 withi. Section B. Slopes and Erosion of the Mitigation Monitoring Program will mitigate the identified Noise . Potential Impact: Construction noise represents a short-term impact on ambient noise levels. Findin2s: Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design will reduce the impacts identified in the Final EIR to an insignificant level. Facts: The above Finding is made in that Mitigation Measure 1 within Section C. Noise of the Mitigation Monitoring Program will mitigate the identified impacts. Potential Imvact: Bus operations and associated noise levels, based upon an actual start up/departure session, was measured at several off-site locations. At these locations, bus noise levels complied with the Model Noise Ordinance in that 55 dBA was not exceeded. Findin2s: Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design wffi reduce the impacts identified in the Final EIR to an insignificant level. Facts: No additional mitigation measures required. Potential Impact: Traffic noise impacts associated with the proposed project are less than 0.2 dBA or less. Noise increases less than 1.0 dBA wffi not be discernable to local residents. (Nbise increases greater than 3.0 dBA are considered significant.) Findings: Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design wffi reduce the impacts identified in the Final EIR to an insignificant level. Facts: No additional mitigation measures required. Climate and Air Qnalit~ Potential ImXmct: An e~timated 0.06 tons of particulate emissions per day will be released as a result of dust generated by construction equipment and winds during the grading phase and site preparation of the project. Findin2E Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design will reduce the impact identified in the Final EIR to an insignlfi~nt level. Facts: The above Finding is made in that Mitigation Measures 1 through 19 within Section D. Climate and Air Quality of the Mitigation Monitoring Program will mitigate the identified impact. . Potential Impact: The project wffi generate long-term impacts which include mobile emissions resulting from the estimated 10,000 daily vehicle miles traveled as well as stationary emissions resulting from the consumption of electricity and natural gas. The long-term pollutant generation associated with the proposed project is not considered "significant" by the SCAQMD. Findings: Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design will reduce the impact identified in the Final EIR to an insignificant level. Facts: The above Finding is made in that Mitigation Measures 20 through 23 within Section D. Climate and Air Quality of the .Mitigation Monitoring Program will mitigate the identified impact. Circulation Potential Impact: The proposed project wffi generate an estimated 1,000 trips per day. Of this total, 100 trips are morning peak hour trips and 110 trips are evening peak hour trips. The proposed project is planned to take its primary access from Margarita Road. This interim access will be dosed once the future Chaparral High School is operational. The addition of project traffic does not alter the 'Level of Service at any of the impacted intersections. The intersections of Winchester Road/Nicolas Road and Winchester Road/Roripaugh Road are currently operating at Level of Service "F" during the evening peak hour and existing volumes meet the warrants for signalization. The level of traffic activity at the project site will be the same as that at the existing site on Rancho Vista Road and therefore no net increase in areawide traffic will occur. : Findings: Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design will reduce the impact identified in the Final EIR to an insignificant level. Facts: The above Finding is made in that Mitigation Measures 1 through 3 within Section E. Circulation of the Mitigation Monitoring Program will mitigate the identified impact. Hydrolo~,v Potential Impact: The development and construction phase of the project wffi potentially create short-term impacts related to erosion and sedimentation due to the creation of exposed soils during project grading. Findings: Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design will reduce the impacts identified in the Final EIR to an in. significant level. Facts: The above Finding is made in that Mitigation Measure 1 within Section F. Hydrology of the Mitigation Monitoring Program will mitigate the identified impacts: Potential Impact: The development phase of the project will create impermeable surfaces (par.king lots, bus storage areas, roofs, etc.) thereby increasing on-site runoff. Increased site runoff, as well as upstream surface flows, will be accommodated by the proposed drainage system. The increased flow rates from the project wffi incrementally contribute to cumulatively increased flow rates downstream primarily to Murrieta Creek and the potential for flooding in downstream areas conts~ning undersized facilities. On-site flood hazards associated with the adjacent Santa Gertrudis Creek have been eliminated with recent channel improvements. Findings: Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design will reduce the impacts identified in the Final EIR to an insignificant level. Facts: The above Finding is made in that Mitigation Measures 1 and 2 within Section F. Hydrology of the Mitigation Monitoring Program wffi mitigate the identified' impacts. Water Quality Potential Impact: Project development will alter the composition of surface runoff by grading site surface~, construction of impervious streets, roofs and parking facilities, and by irrigation of landscaped areas. Runoff entering the storm drain system will contain minor amounts of pollutants typical of urban use, including pesticides, fertilizers, oil and rubber residues, detergentS, hydrocarbon particles and other debris. This runoff, typical of urban use, will contribute to the incrementally increased degradation of water quality downstreRm. Findin2s: Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design will reduce the impacts identified in the Final EIR to an insignificant level. Facts: The above Finding is made in that Mitigation Measures 1 through 3 wi~hln Section O. Water Quality. _of the Mitigation Monitoring Program will mitigate the identified imlSacts: Risk of Upset Potential Impact: Development of the proposed project will include provision of maintenance fa~illties, repair shops, and a fuel and wash island, all of which are part of the maintenance portion of the proposed project. In addition, the transportation portion of the proposed project will include six bus repair areas. These functions may involve the storage and use of hazardous materials. As such, the project has the potential for the risk of explosion and/or the release of hazardous substances. Findings: Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design will reduce the impact identified in the Final EIR to an insignificant level. Facts: The above Finding is made in that Mitigation Measure 1 within Section H., Risk of Upset of the Mitigation Monitoring Program will mitigate the identified impact. Cultural and Scientific Resources Potential Impact: Possible adverse impact to the Pauba Formation which is of "Moderate" to "High" paleontological sensitivity, may occur as a result of project development. No archaeological sites have been observed with project boundaries, however, potential impacts to Hnlcnown cultural resources may occur. Findin2s: Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design will reduce the impact identified in the Final EIR to an insignificant. level. Factsi The above Finding is made in that Mitigation Measures 1 through 3 within Section I. Cultural and Scientific Resources the Mitigation Monitoring Program will mitigate the identified impact. Wildllfe nnd Vegetation Potential Impact: Construction activities will remove introduced grassland habitat through cut and fill and other grading operations thereby resulting in the direct loss of this habitat and less mobile wildlife formS. Impacts resulting from vegetation loss affects the wildlife associated with that vegetation by either destroying it or displacing it to adjacent habitat. Additional impacts to wildlife results from increasing harassment from eats, dogs, children, light and glare, background noise and excessive construction related noises. Conversion of the on-site introduced grassland community to development wffi reduce areawide foraging habitat for raptors. Findings: Conditions of Approval, monitored mitigation measures, and features incorporated into the pro_posed project design will reduce the impacts identified in the Final EIR to 'an insignifi_e~,~t level. Facts: The above Finding is made in that Mitigation Measure 1 within Section J. Wildlife and Vegetation of the Mitigation Monitoring Program wffi mitigate the identffied impacts. Toxic Substs, nces Potential Imnact: There is no evidence that on-site soils pose any hazard to future use of the subject property. Development of the proposed project will include the provision of maintenance facilities, repair;shops and a fuel and wash island, all of which are part of the maintenance portion of the proposed facility. In addition, the transportation portion of the proposed facility wffi include six bus repair areas. These functions may involve the storage and use of toxic substances. Findings: Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design will reduce the impacts identified in the Final EIR to an insignificant level. Facts: The above Fincling is made in that Mitigation Measures 1 and 2 within Section L. Toxic Substances of the Mitigation Monitoring Program will mitigate the identified impacts. Aesthetics/Li~,ht and Glare Potential Impact: Project. development wffi permanently alter the nature and appearance of the project site from its current open space use to the land uses proposed. The currently degraded nature of the project site reduces these aesthetic impacts to a level of insignificance. The project site is well set back from Winchester Road (approximately' 430 feet to the east) well outside. the required 50 foot Scenic Highway setback. The site itself does not contain nor will proposed development block any scenic vistas which merit preservation. The project site lies within the 30 mile Special Lighting Area of the Mt. Palomar Observatory. Findin2s: Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design will reduce the impacts identified in the Final EIR to an insignificant level. Facts: The above Finding is made in that M/tigation Measures 1 and 2 within Section M. Aesthetics/Light and Glare of the Mitigation Monitoring Program will mitigate the identffied impacts. Natural and Energy Resources Potential Impixct: On-sit~ n~xtural gas demand is estimated to be '48,798 cubic feet per month. On-site electricity consumption is estimated to be 214,711 kilowatt hours per year. The proposed project will result in the consumption of 667 gallons of gasoline per day of which 384 gallons is estimated to be diesel fuel. Findings: Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design will reduce the impacts identified in the Final EIR to an insignificant level. Facts: The above Finding is made in that Mitigation Measure 1 within Section N. Energy and Natural Resources of the Mitigation Monitoring Program will mitigate the identified impacts. Water and Sewer Service Potential Imnact: Project development will increase the demand on water and sewer service in the area The total average day demand for the project is estimated at 233,911 gallons. The project will require on-site water lines connecting to existing facilities in Winchester Road in order to provide water service to the site. The project is anticipated to generate an average daily demand of 19,926 gallons per day of wastewater. Sewer lines will be extended from existing lines in Winchester Road to serve the site. EMWD will require the project to construct reclaimed water lines on- site so that when the regional system, which is currently in the planning process, is complete, the project can utilize reclaimed water for specific irrigation purposes. Findings: Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design will reduce the impact identified in the Final EIR to an insignificant level. Facts: The above Finding is made in that Mitigation Measures 1 through 4 within Section O. 1, Water and Sewer of the Mitigation Monitoring Program will mitigate the identified impacts. Fire Protection Potential Impact: Project development will increase the demand upon existing fire protection services. These impacts are due to the increase in emergency or public service calls generated by project development Findin2s: Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design will reduce the impacts identified in the Final EIR to an insignfficant level. Facts: The above Finding is made in that Mitigation Measure 1 within Section 0.2, Fire Protection of the Mitigation Monitoring Program will mitigate the identffied impacts. Police Protection Potential Impact: Thd addition of maintenance, operations and transportation facilities will result in minimum additional demand for additional police protection services generally related to occasional burglary or vanrinlism calls. Findings: Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design will reduce the impacts identified in the Final EIR to an insignil~,~t level. Facts: The above Finding is made in that Mitigation Measure 1 within Section 0.3, Police Protection of the Mitigation Monitoring Progrnm wffi mitigate the identffied impacts. Utilities Potential Impact: Project development will place additional demand on existing electrical supplies. The project is estimated to utilize 214,711 kilowatt hours (kwh) of electricity per year. The demand for natural gas wffi also increase with project development. The project is estimated to consume 48,798 cubic feet of natural gas per month. The proposed project will place additional demand upon phone service. The proposed project falls within the existing service capabilities of the involved utility agencies. Findings: Conditions of Approval, monitored' mitigation measures, and features incorporated into the proposed project design wffi reduce the impacts identified in the Final EIR to an insignificant level. Facts: The above Finding is made in that Mitigation Measure 1 within Section 0.4, Utilities of the Mitigation Monitoring Program will mitigate the identified impacts. Solid Waste Potential Impact: Project development will increase the amount of solid waste generated on-site, which in turn wffi increase the demand upon waste haulers serving the area. The proposed project is anticipated to generate 244 pounds of solid waste per day. Findings: Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project design wffi reduce the impact identified in the Final EIR to an insignfficant level. .' Facts: The above Finding is made in that Mitigation Measures 1 and 2 within Section 0.5, Solid Waste of the Mitigation Monitoring Program will mitigate the identified impact. : SECTION SIGNIFICANT UN~AVOIDABLE ENVIRONMENTAL EFFECTS WHICH CANNOT BE MITIGATED TO A LEVEL OF INSIGNIFICANCE The City has determined that certain environmental effects cannot be feasibly or objectively mitigated to a level of insignificance although the Final EIR contains mitigation measures and Conditions of Approval imposed on the proposed project will provide a substantial mitigation of these effects. Consequently, in accordance with Section 15093 of the State CEQA Guidelines, a Statement of Overriding 'Considerations has been prepared (See Section 1 of this Findings package) to substantiate the City's decision to accept these unavoidable adverse environmental effects because of the benefits afforded by the proposed project. The mitigation measures referred to below are contained within the Mitigation Monitoring Program which is attached as Appendix A to these Findings. Seismic Safety Potential Impact: Since the project site lies within the dam inundation area for Skinner Reservoir Dam, it may be subject to seismically-induced flooding from dam failure. Findings: The impact identified in the Final EIR cannot be mitigated to a level of insignificance in spite of the mitigation measure related to adherence to the "Report on Flood Warning and Evacuation for the Proposed Chaparral High School Site in the Event of Breach of the West Dsm of Domenigoni Reservoir" (see Responses to Comments package within Final Environmental Impact Report). However, Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project will reduce, to the extent feasible, the adverse environmental effect. Facts: The above Finding is made in that a .Statement of Overriding Considerations has been prepared for the proposed project (See Section i of this Findings package). Climate and Air Quality Potential Imnact: Nitrogen oxides emissions during project construction will exceed SCAQMD thresholds. Findings: The impact identffied in the Final EIR cannot be mitigated to a level of insignificance. However, Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project will reduce, to the extent feasible, the adverse environmental effect. Facts: The above Finding is made in that a Statement of Overriding Considerations has been prepared for the proposed project (See Section i of this Findings package) and that Mitigation Measures 9 through 19 within Section D. Air Quality of the Mitigation Monitoring Program will partially mitigate the identified impacts. Hvdroloov Potential I.mbact: Since' the project si~e lies within the rl~m inundation area for Skinner Reservoir, it may be subject ~ seismically-induced flooding from dam failure. Findin2s: The impact identified in the Final EIR cannot be mitigated to a level of insignlfj_~nce. However, Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project will reduce, to the extent feasible, the adverse environmental effect. Facts: The above Finding is made in that a Statement of Overriding Considerations has been prepared for the proposed project (See Section 1 of this Findings package). No additional mitigations are proposed for' this Signifi~nt impact. Land Use Potential Imnact: Project development will result in the transition in land use from open space to the proposed project, as well as resulting in the permanent loss of future agriculture productivity on "Prime Agricultural Land." Findings: The impact identified in the Final EIR cannot be mitigated to a level of insignificance. Facts: The above Finding is made in that a Statement of Overriding Considerations has been prepared for the proposed project (See Section 1 of this Findings package). No additional mitigation measures are proposed for this significant impact. SECTION 4 GROWTH-INDUCING IMPACTS OF THE PROPOSED PROJECT Section 15126(g) of the State CEQA Guidelines requires considerations of the ways that the proposed project could be considered growth-inducing. As the proposed project is located in an area undergoing rapid urbanization and is generally surrounded by future urban uses, signifi~rtt growth-inducing impacts are .. difficult to foresee. Several land development proposals have been prepared for vacant adjacent properties, therefore, the proposed project fs not considered growth-inducing to these surrounding areas. These surrounding project proposals include the Winchester Hills, Temecula Regional Center and Campos Verdes Specific Plans. The proposed project can be considered growth-accommodating, as it will provide improved services from the Temecula Valley Uniteled School District from a centrally-located functionally- combined facility. With the exception of minor utilities extensions, the necessary infrastructure is in place to serve the project. SECTION 5 FINDINGS REGARDING ALTERNATIVES Alternatives to the proposed project described in the Final EIR were considered. The alternatives discussed in the Final EIR constitute a reasonable range of potential options necessary to permit a reasoned choice. The Final EIR identified the "No Project" alternative as the environmentally superior alternative; however, the City did not select any of the proposed project alternatives but approved the proposed project with the mitigation measures from the Final EIR which will provide a substantial -mitigation of the potential environmental effects. Consequently, in accordance with Section 15093 of the State CEQA Guidelines, a Statement of Overriding Considerations has been prepared (See .Section 1 of this Findings package) to substantiate the City's decision to reject the environmentally preferred alternatives because of the benefits afforded by the proposed project. Alternative 1 - The ~No Project" Alternative Description of Alternative: The Final EIR describes the "No Project" Alternative as a continuation of existing undeveloped conditions supporting passive open space uses. Comparison of Effects: The "No Project" Alternative would eliminate the environmental impacts associated with the proposed project. These impacts include: grading impacts and associated impacts upon landform, geology, hydrology, etc.; traffic impacts and associated air quality and noise impacts; biological impacts related to disruption of wildlife; and impacts related to provision of public services and utilities. This Alternative also retains existing passive open space uses on-site, at least for the short-term. Finding: The "No Project" alternative is not feasible as this alternative fails to meet project' the objectives identified in the Final EIR or to provide any of the benefits set forth herein. Facts: The above Finding is made in that it has been determined that this alternative would negate the benefits associated with the primary project objective of assisting and enhancing the maintenance, operations, and transportation functions of the Temecula Valley Unified School District. Due .to the site's location within a developing urban areas, the project site's City General Plan designation for urban uses and the availability of public utilities serving the area, long-term undeveloped or future agricultural use of the project site is not considered lil~ely nor logical. Alternative 2 - Commercial Land Use Description of Alternative: The Commercial Land Use Alternative considers development of the site for commercial land uses pursuant to the City of Temecula, General Plan (B-P, Business Park) and Zoning (R-R, Rural Residential) designations for the project site. Future development within the Commercial Land Use Alternative is assumed to involve approximately 100,000 square feet of interior space for commercial use. Comparison Of Effects: This Alternative would have seismic safety and slopes and erosion impacts which are similar to those associated with the project proposal. Impacts to hydrology and water quality are anticipated to be greater with this Alternative as compared to the proposed project due to the increased number of customers associated with commercial land uses. This Alternative would generate 5,314 daily vehicle trips, a 431% increase as compared to vehicular traffic levels associated with the project proposal. Similar increased in noise and air quality impacts are also anticipated with this Alternative. This Alternative would result in the loss of passive open space uses and would preclude the future use of the site for agricultural purposes. Similar wildlife/vegetation and cultural and scientffic resource impacts are anticipated to occur with this Alternative as compared to the project proposal. Increased fire and police protection demands as well as utilities and solid waste demands are anticipated with this Alternative as compared to the proposed project. Water and sewer demands of this Alternative are similar to those associated with the proposed project. Findings: After comparing the relative impacts and benefits of the proposed project and the Commercial Land Use Alternative, the City did not select this Alternative. However, Conditions of Approval, monitored mitigation measures, and features incorporated into .the proposed project, as described in Sections 2 and 3 of this Findings package, will substantially lessen the environmental impacts of the proposed project. Facts: The Commercial Land Use Alternative was rejected in favor of the proposed project for the following reasons. This Alternative results in increased impacts in the areas of hydrology, traffic, noise, air quality and certain public facilities and utilities and is, therefore, not considered to be "environmentally superior" to the current development proposal. Also, this Alternative would eliminate public benefits associated with the project, including the assisting and enhancing the operations of the Temecula Valley Unified School District. Alternative 3 - Business Park Land Use Alternative Descrintion of Alternative: The Business Park Land Use Alternative involves development of business park uses on the project site. It is assumed that the site would be developed with approximately 145,000 square feet of interior space for business park land uses. Comparison of Effects: Impacts of this Alternative associated with seismic safety, slopes and erosion, hydrology and water quality, open space and conservation, wildlife/vegetation, and cultural and scientific resources, would be similar to those assodated with the proposed project. This Alternative would generate 18,850 daily vehicle trips, a 1,755% increase as compared to vehicular traffic levels associated with the project proposal. Similar increases in noise and air quality impacts are also anticipated with this Alternative. This Alternative would also increase the impacts associated with 'police and fire protection, energy consumption and solid waste generation. Water and sewer demands of this Alternative'are similar to those associated with the proposed project. Findinws: After comparing the relative impacts and benefits of the proposed project and the Business Park Land Use Alternative, the City did not select this Alternative. However, Conditions of Approval, monitored mitigation measures, and features incorporated into the proposed project, as described in Sections 2 and 3 of this Findings package, will substantially lessen the environmental impacts of the proposed project. Facts: The Business Park Land Use Alternative was rejected in favor of the proposed project for the following reasons. This Alternative results in signlfi~tly increased impacts in the area of traffic, noise and air quality. This Alternative is not, therefore, considered "environmentally superior". This Alternative also negates the public benefits associated with the project including assisting and enhancing the operations of the Temecula Valley Unified School District. This Alternative could also result in land use conflicts with surrounding commercial and residential land uses. Alternative 4- Alternative Sites Descrintion of Alternative: The Temecula Valley Unlt~ied School District considered in deta~ several alternative site locations in the process of selecting the currently- proposed project location. These alternative project site locations include: 1) a parcel at Margarita Road and Pauba Road; 2) the Rancho California Water District Building on Diaz Road; and 3) a parcel at Rancho Vista Road across the street from the existing School District Offices. Findings: After comparing the relative impacts and benefits of the proposed project and various Alternative Sites, the City did not select any of these Alternatives. Project development at Margarita Road and Pauba Road would result in increased impacts in the areas of surrounding land use compatibility, project grading, air quality, aesthetics, and relocation of off-site utilities. This site is also less than the ideal size for the proposed project facilities. Project development at the Rancho California Water District Bu~ding on Diaz Road would result in longer routes and potential delays for District busses due to this site's location on the west side of Interstate 15. This alternate site is also subject to flooding from Murrieta Creek and is also smaller than the ideal size for the proposed project facilities. Project development at Rancho Vista Road across from the existing School District offices would remove parking from the Temecula. High School stadium, create potential surrounding land use incompatibilities, and result in potential aesthetic impacts and would result in the placement of transportation and maintenance/operations functions of the School District in different locations. Facts: These Alternative sites were rejected in favor of the proposed project location because project development at these Alternate sites would result in increased environmental impacts as summarized above. SECTION 6 FINDINGS REGtRDING MITIGATION MONITORING PROGRAM Section 21081.6 of the Public Resources Code requires that when a public agency is mnlcing the Findings required by State CEQA Guidelines Section 15091(a) (1), codified as Section 21081(a) of the Public Resources Code, the public agency shall adopt a reporting or monitoring progrnm for the changes to the proposed project which it has adopted or made a Condition of Approval, in order to mitigate or avoid significant effects on the environment. The City of Temecula hereby fin& and accepts that the Mitigation Monitoring Program, which is attached as Appendix.' A to this Findings package, meets the requirements of Section 21081.6 of the Public Resources Code by providing for the implementation and monitoring of project conditions intended to mitigate potential environmental impacts. SECTION SECTION 15091 AND 15O92 FINDINGS Based on the foregoing findings and the information contained in. the record, the City of Temecula has made one or more of the following t~ndings with respect to the significant effects of the proposed project: Changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid many of the significant environmental effects thereof as identffied in the Final EIR. Some changes or alterations are within the responsibility and jurisdiction of another public agency and such changes have been adopted by such other agency, or can and should be adopted by such other agency. Specific economic, social, or other considerations make feasible the mitigation measures or alternatives identified in the Final Environmental Impact Report. Based on the foregoing findings and the information contained in the record, and as conditioned by the foregoing findings: All significant effects on the environment due to the proposed project have been eliminated or substantially lessened where feasible (see Sections 2 and 3 of this Findings. package). Any remaining significant effects on the environment found to be unavoidable are acceptable due to the overriding concerns set forth in the foregoing Statement of Overriding Considerations (see Section 1 of this Findings package). APPF_ANDIX A MITIGATION MONITORING PROGRAM SEE ATTACHM'F, NT NO. 6 ATTACHMENT NO. 6 MITIGATION MONITORING PROGRAM R:\STAFFRPT'~I 57PA93.PC 4/28/94 ,,dl ~5 Z z 6 6 Zr.z.1 .~8 .~8 ~8 ~8 .r8 .r8 ~8 6 6 OZ Z  6 6 Z~ O,o Z Z OZ ATTACHMENT NO. 7 PUBLIC COMMENTS R:\STAFFRPT~157PA93.PC 4/28/94 sdl 36 County of Riverside .tc ,vto DEPARTMENT OF ENVIRONMENTAL HEALTIt TO: CITY OF TEMECUL'A PLANNING DEPT. ~,~ Afro: SaiedN eh FROM: JOHN SIL VA, P.E., Senior Public Health Engineer, Department of Environmental Hcatth RE: MECULA VALLEY UNIFORM SCHOOL DISTRICT TRANSPORTATION, ADMINISTRATIVE AND MAINTENANCE FACILITY - DRAFT EIR WATER/SEWER: (John C. Silva, P.E., Senior Public Health En2ineerL Deparhaaent of Environmental Health The 6.642 acre site will be receiving its 23,911 gallons per day of domestic water from Rancho California Water District. A total of 19,926 gallons per day of sewage is estimated from the project which will be treated at the Eastern Municipal Water District plant in Temecula. Use of RECLAIMED WATER is mentioned but not fully explored for project implementation. Should a dual plumbing system be used to irrigate the landscape and shrubbery, enough fresh water would be saved and made available to serve about 50 homes or families. In the reclaimed business, a project such as this is the ideal type of project for dual uses of water. The dual system would be designed by a Registered Civil Engineer with review/approval by the Riverside County Health Department. SOLID WASTE: Chuck Strev, P.E., Civil En2ineer, Department of Environmental Health The LEA offers the following comments on the above referenced project: 1. The EIR should address the proper handling, and recycling of construction waste generated during the project development. 2. Multi-family dwelling unit waste bin enclosures should provide adequate space for storage of recyclable materials. 3. If any significant illegal land filling activity is discovered as a result of this project, the LEA shall be notified prior to burial or removal. If you should have any further questions regarding the above Document, please do not hesitate to contact me at (909) 275-8980. JS:dr State of California (' Business, Transportation and Housing Agency Memorandum To From :State Clearinghouse "- Office of Planning & Research 1400 10th Street Sacramento, CA 95814 Attention Mari Lewis : DEPARTMENTOFTRANSPORTATION District 8 Da~ : April 1, 1994 FileNo.: 08-Riv-79-R3.9 SCH# 93092023 Sublet: Draft Environmental Impact Report for the Temecula Valley School District Bus and Maintenance Facility We have reviewed the above-referenced document and request consideration of the following comments: Care should be taken when developing this project to preserve and perpetuate the existing drainage pattern of the state highway. Particular consideration must be given to cumulative increased storm runoff to insure that a highway drainage.problem is not created. Access from the project to State Route 79 (Winchester Road), opposite Roripaugh Road, will require Caltrans approval. All matters regarding access, grading, and drainage should be sent to: Mr. Gerry Lunt Development Review California Department of Transportation P.O. Box 231 San Berna~dino, CA '92402 If you have any questions, please contact La Keda Johnson at (909) 383-5929 or FAX (909) 383-7934. Riverside County Coordination Branch LKJ:cl REPLY TO ATTENTION OF: DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 2711 LOS ANGELES. CALIFORNIA I~053-2325 February 28, 1994 RECEIVED* Office of the Chief Regulatory Branch RECEIVED i. ? u ? 199 City of Temecula Planning Department Attn: Saied Naaseh 43174 Business Park Drive Temecula, CA 92590 Gentlemen: It has come to our attention that you plan to construct a transportation and maintenance facility adjacent to Santa Gertrudis Creek, west of Winchester Road and north of Margarita Road in the City of Temecula, Riverside County, California. This activity may require a U.S. Army Corps of Engineers permit. A Corps of Engineers permit is required for: a. Structures or work in or affecting "navigable waters of the United States," including adjacent wetlands, pursuant to Section 10 of the Rivers and Harbors Act of 1899. Examples include, but are not limited to, the following: 1) constructing a pier, revetment, bulkhead, jetty, aid to navigation, artificial reef or island, and any structures to be placed under or over a navigable water; 2) dredging, dredge disposal, filling and excavation. b. The discharge of dredged or fill material into, including any redeposit of dredged material within, "waters of the United States" and adjacent wetlands pursuant to Section 404 of the Clean Water Act of 1972. Examples include, but are not limited to, the followlng: 1) creating fills for residential or commercial development, placing bank protection, temporary or permanent stockpiling of excavated material, building road crossings, backfilling for utility line crossings and constructing outfall structures, dams, levees, groins, weirs, or other structures; 2) mechanized landclearing, grading which involves filling low areas or land leveling, ditching, channelizing.and other excavation activities that would have the effect of destroying or degrading waters of the United States; 3) -allowing runoff or overflow from a contained land or water disposal area to re-enter a water of the United States; 4) placing pilings when such placement has or would have the effect of a discharge of fill material. c. The transportation of dredged or fill material by vessel or other vehicle for the purpose of dumping the material into ocean waters pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972; d. Any combination of the above. Enclosed you will find an information packet that describes our regulatory program. If you have any questions, please contact Eric Stein of my staff at (213) 894-0352. Refer to this letter in your reply. Sincerely, Bruce A. Henderson Acting Chief, South Coast Section Enclosures RECEIVED APR 0 8 South Coast AIR _O, tJAL TY MANAGEMENT DISTRICT 21865 F. Copley Drive, Diamond Bar, C;A 91765-4182 (909) :396-:~000 March 8, 1994 Saled Naaseh City of Temecula 43174 Business Park Drive Temecula, CA 92590 Dear Mr. Naaseh: RE: Temecula Valley School District and Maintenance Facility SCAQMD# RVC940225-01 RECEIVED NAR t 0 199~ Due to staffing cutbacks the SCAQMD is unable to comment on your project at this time. SCAQMD staff recommends that you follow the procedures and methodologies set out in the SCAQMD CEQA Air Quality Handbook (April 1993). Utilizing the information in the Handbook will assist you in adequately addressing the potential air quality impacts of your project. The Handbook will be updated periodically, in an effort to assist your staff in evaluating air quality impacts that may result from land use projects. The District staff will, however, make every effort to evaluatedHirojects of a regional nature. We are available to answer any questions you may have regar ng the use of the CEQA Handbook. Please feel free to contact the Local Government o CEQA section at (909) 396-3.109 for assistance. Program ' Planning ~uPF~c~logy Advancement CAD:Ii April 9, 1994 RECEIVr D APR 111994 Dear .C~ty plan~e~, I live in the Winchester Properties just east of the proposed site, and I'm writing to you in regards to case #PA93-0157 and PA94-0002. I feel that a school district transportation facility, could be a disaster to our area. It was my understsnding that.a planners' obligation to the community was to project balance and harmony throughout the city. Ifeel this area is being neglected because we represent a minority of tax paying citizens which reside with-in the boundries of Temecula. Part of the taxes I pay each year are to develop parks and recreational areas which in hopes will create a pleasent environment. As it is we have to travel miles to enjoy the areas we helped finance. Ifeel the proposed transportation site will further damage, and create an unfair imbalance in comparison, of the surrounding residences. I also feel the site should be placed in an area where there is an abundance of greenery and existing parks or on the eastern portion of Temecula where a negative environmental impact is not as severe. I respectfully urge the planning commision to find an alternative site due to poor "climate and air quality" and an undisireable" land use ". concerned citizen of Temecula, Jeffrey Glen Sechler ATTACHMENT NO. 8 RESPONSE TO PUBLIC COMMENTS R:\STAFFRPT~157PA93.PC 4/2S/94 edl 37 TEMECULA VALLEY UNIFIED SCHOOL DISTRICT, MAINTENANCE, OPERATIONS AND TRANSPORTATION FACILITY PLANNING APPLICATION 94-0002 STATE CLEARINGHOUSE NO. 94022501 FINAL ENVIRONMENTAL IMPACT REPORT RESPONSES TO PUBLIC COMMENTS Lead Agency: CITY OF TEMECULA 43174 Business Park Dr. Temecula, CA 92590 Contact Planner: Saied.Naaseh (714) 694-6400 Prepared by: DOUGLAS WOOD & ASSOCIATES 567 San Nicolas Drive, Suite 106 Newport Beach~ CA 92660 (714) 644-7977 AGENCY COMMENTS/STAFF RESPONSES The following agencies commented on the Draft EIR. Each comment received is contained herein and is followed by a summary of the respective concern and the staff response. The following Responses to Comments in combination with the Draft EIR, Staff Report and any other attachments for this project constitute the Final EIR for the Temecula Valley Unified School District, Maintenance, Operations and Transportation Facility. Page Executive Summary ................................................. 1 City of Temecuh Planning Depafiment (Aprfi 11, 1994) ................. 3 South Coast Air Quality Management District (March 8, 1994) ........................................ 4 C. U.S. Army Corps of Engineers (February 28, 1994) .................... 5 County of Riverside, Department of Environmental Health (March 9, 1994) ......................................... 6 E, Riverside County, Flood Control and Water Conservation District (April 5, 1994) ............................... 8 State of California, Department of Transportation (April 1, 1994) ................................... l0 G. Doreen Linnen (April 6, 1994) .................................. 11 ~CUTIVE SUMMARY The' Temecula Valley' Unified School District, Maintenance, Operations and Transportation Facility, Draf~ Environmental Impact Report, was circulated for public review by the City of Temecula between February 22, 1994 and April 8, 1994. This circulation was in conformance with Section 15086, et.seq. of the State CEQA Guidelines which state that, "The lead agency (City of Temecula) shall consult with and request comments on the Draf~ EIE from: 1) Respensible agencies; 2) Trustee agencies with resources affected by the project; and 3) Other State, Federal and local agencies which exercise authority over resources which may be affected by the project. The lead agency may consuit directly with any person who has special expertise with respect to any environmental impact involved." This 45-day public review period (per Section 15087(c) of the State CEQA Guidelines) resulted in the receipt of comments from a variety of governmental agencies and other responsible parties as listed below. As indicated in Section 15088 of the State CEQA Guidelines: 15088. Evaluation of and Response to Comments (a) The lead agency shall evaluate comments on environmental issues received from persons who reviewed the draft EIR and shall prepare a written response. The lead agency shall respond to comments received during the noticed comment period and any extensions and may respond to late comments. (b) The written response shall describe the disposition of significant environmental issues raised (e.g., revisions to the proposed project to mitigate anticipated impacts or objections). In particular, the major environmental issues raised when the lead agency's position is at variance with recommendations and objections raised in the comments' must be addressed in detail giving reasons why specific comments and suggestions were not accepted. There must be good faith, reasoned analysis in response. Conclusory statements unsupported by factual information will not staYice.' (c) The response to comments may take the form of a revision to the draft EIR or may be a separate section in the final EIR. Where the response to comments makes important changes in the information contained in the text of the draft EIR, the lead agency should either: (1) Revise the text in the body of the EIR, or 1 (2) Include marginal notes showing that the information is revised in the response to commentS. Provided below is a listing of each agency or responsible party who responded to the Draft Environmental Impact Report accompanied by a listing of the respective concerns raised and followed by an indication of the nature of the response to that concern. Specific details concerning the comments made and responses provided can be found in the following Response to Public Comments package. A copy of the actual correspondence received is also included. A~ncv/Resnonsible Party Concern Nature of Resnonse City of Temecula Planning Request for additional Additional mitigation measure Department mitigation concerning added to Section IV.F., Evacuation Plan for flooding. Hydrology. South Coast Air Quality Management District Recommendation that CEQA Handbook procedures be followed. SCAQMD CEQA Handbook factors used in Section IV.D. Climate and Air Quality. C. U.S. Army Corps of Engineers A permit from the Corps of Engineers may be required. Reference made to mitigation 1 in Section IV.J., Wildlife/ Vegetation, D, County of Riverside, Department of Environmental Health Riverside County, Flood Control and Water Conservation District State of California Department of Transportation G. Doreen Linnen Additional information concerning use of reclaimed water and solid waste impacts requested. Project will not impact Master Plan facilities. NPDES, FEMA, DFG, and U.S. ACOE permits required. Project should not impact drainage on a State Highway. Approval of intersection design required. Opposed project due to air quality, noise . and traffic impacts. The project should be relocated on the opposite side of Interstate 15. Additional reclaimed water and solid waste information provided. Reference to applicable mitigations provided. Project will not drain toward State Route 79 and will have intersection plans checked by Caltrans. No long-term significant project impacts related to air quality, noise and circulation. Alternate sites discussion in Draft EIR quoted. 2 A. CITY OF TEMECULA, PLANNING DEPARTMENT (April 11, 1994) PursuS.~t to the r'eqU~st of the City of Temecula, Plsnning Department, the following mitigation measure is hereby added to Section IV.F., Hydrology, of the text (page IV-65) of the Draft EIR with a aimilar addition made to the EIR Summary/Mitigation Monitoring Program: "3. The proposed project shall adhere to the recommendations of the "Report on Flood Warning and Evacuation for the Proposed Chaparral High School Site · in the Event of Breach of West Dam'of Domenigoini Reservoir". As noted on page IV-64 of the Draft EIR, this study is included in its entirely within Appendix C of the Draft EIR and outlines a plan of communication, warning and evacuation for the proposed Chaparral High School site which is immediately adjacent to the project site. This Report, prepared in September of 1992, provides an Evacuation Plan which addresses the following elements: warning time, staffing requirements, communications systems, alerting procedures, evacuation considerations and a recommended evacuation plan. The recommendations contained in this Report would appear to be applicable to the proposed Maintenance, Operations and Transportation Facility in the event of breaching of either Domenigoini or Skinner Reservoir Dams. SOUTH COAST AIR QU~kLrrY MANAG~ DISTRICT (March 8, 1994) Comment 1: The South Coast Air Quality Management District recommends that procedures and methodologies set forth in the SCAQMD CEQA Handbook (April, 1993) is utilized within the analysis of air quality impacts within the Draft EIR. Response: Emission factors used to analyze air quality impacts in the Draft EIR were based upon factors taken from the 1993 SCAQMD CEQA Air Quality Handbook. 4 C. U.S. ARMY CORPS OF ENGIl~ERS (February 28, 1994) ~ommeht: A per~it"from the U.S. Army Corps of Engineers will be required for the proposed project for: a) structures or work in or affecting "navigable waters of the United States" including adjacent wetlands pursuant to Sections 10 of the Rivers and Harbors Act; b) the discharge of dredged or fill material including any redeposit of dredged material within "waters of the United States" and adjacent wetlands pursuant to Section 404 of the Clean Water Act of 1972; c) the transportation of dredged or fill material for the purpose of dumping the material into ocean waters pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972; or (d) any combination of the above. Response: As noted in Mitigation Measure 1 on page IV-75 of the Draft EIR: "1. In concert with construction activities adjacent to Santa Gertrudis Creek, the California Department of Fish and Game will be notified and consulted pursuant to the California Fish and Game Cede Sections 1601-1603 and the U.S. Army Corps of Engineers in conjunction with their Section 404 permit process." 5 COUNTY OF RIVERSIDE, DEPARTMENT OF ENVIRO~NTAL m~AI,TH (March 9, 1994) Comment 1: Use ~freclaimed water for the proposed project should be more fully explore& Should a dual plumbing system be used to irrigate the landscape and shrubbery, enough fresh water would be saved and made available to serve about 50 homes or families. This project is the ideal type of project for dual uses of water. The dual system would be designed by a reliable civil engineer with review/approval by the Riverside County Health Department. Response: As stated on pages IV-92 and IV-93 of the Draft EIR: "At the present time, there are no reclaimed water facilities to serve the proposed project. Eastern Municipal Water District (EMWD) is currently in the process of plnnning a backbone reclaimed water system throughout the District which may include a major line in Winchester Road. EMWD Ordinance No. 68, adopted in October of 1989, describes the District's policy regarding reclaimed water use. E~ may require the project to construct reclaimed water lines on-site so that when the regional system is complete, the project can ultimately utilize reclaimed water for irrigation." "Areas most likely to utilize redaimed water are landscaped areas along the perimeter of the proposed project as well as landscaped areas within parking lots and adjacent to buildings. The proposed EMWD reclaimed water system would ultimately provide service to the project site. The proposed project will comply with EMWD's requirements for installation of on-site reclaimed water lines. The project will likely connect to the backbone reclaimed water line to be constructed in the future along Winchester road. A distribution line may be extended as part of the extension of Roripaugh Road." Mitigation Measure 1 on page IV-93 of the Draft EIR has been revised to state (addition underlined): "1. All water, sewer and reclaimed water facilities will be designed per the Eastern Municipal Water Distr (EMWD) and the Rancho California Water District's (RCWD) requirements. Reclaimed water facilities will also be reviewed by the County of Riverside, Denartment of Environmental Health. The infrastructural system will be installed to the requirements of EMWD and RCWD. The property owner will also grant any requested easements to RCWD." Comment 2: The Final EIR should address the proper handling, and recycling of construction waste generated during the project development. Response: The construction phase of the proposed project will produce solid waste. Construction waste is calculated at approximately 16 pounds per square foot of building space and generally consist of lumber, roofing material, concrete debris, etc. Assurelug 24,399 square feet of total interior space associated with the proposed project, the solid waste associated with the overall construction phase of the proposed project is estimated at 390,384 pounds of 195.2 tons. This is considered a short-term, non-signfficant impact. On page IV-100 of the Draft EIR, Mitigation Measure i states that the project applicant is required to "work with the County Waste Management Department and the City of Temecula in efforts to achieve the goals of the Integrated Waste Management Act." This requirement also applies to the generation of construction waste. Comment 3: Multi-family dwelling unit waste bin enclosures should provide adequate space for storage for recydable materials. Response: No multi-family residential land uses are proposed. Solid waste bin enclosure areas within the proposed project, the precise design of which will be reviewed and approved by the City of Temecula, Community Services Department, will include adequate space for storage of recyclable materials. Comment 4: If any significant ~egal land filling activity is discovered as a result of this project, the DEH shall be notified prior to burial or removal. Response: As noted in Mitigation Measures 1 and 2 on page IV-82 of the Draft EIR: "1. Prior to the issuance of a building permit, the City of Temecula and any appropriate County or state agencies shall review proposed project plans to determine the potential for existence and use of toxic materials and potential adverse effects from exposure to toxic substances. Particular impacts which may occur include degradation to air and water quality, health problems, transportation, storage or disposal problems. Required measures may include requirements for setbacks, siting of structures and monitoring." "2. The proposed facility, once operating, will adhere to standards and requirements of OSHA, Cal OSHA, EPA, the County of Riverside, Department of Environmental Health and the City of Temecula." 7 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (April 5, 1994) Comment 1: This project would not be impacted by Drainage Master Plan facilities or other facilities of regional interest. Response: This comment is hereby incorporated into the Final Environmental Impact Report. Comment 2: This project my require a National PoHutant Discharge EliminAtion System (NPDES) permit 'from the State Water Resources Control Boar& Clearance for grading, recordation, or other final approval, should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. Response: As noted in Mitigation Measures 1 and 2 on page IV-67 of the Draft EIR: "1. Pursuant to requirements of the California State Regional Water Resources Control Board, a state-wide general National Pollution Discharge Elimination System (NPDES) construction permit will apply to all project- related construction activities. Construction activity includes: clearing, grading, or excavation that results in the disturbance of at least five acres of total land area, or activity which is part of a larger common plan of development of five acres or greater. Therefore, as a mitigation for this project, the appropriate NPDES construction permit shall be obtained prior to commencing grading activities. All development within the project boundaries shall be subject to future requirements adopted by the City to implement to NPDES program." "2. The proposed project wffi comply with National Pollutant Discharge Elimination System (NPDES) requirements through the provision of three- stage treatment clarifiers for. surface runoff from the project site. Eastern Municipal Water District will monitor the quality of runoff from these stiff aces." Comment 3: If this project involves a Federal Emergency Management Agency (FEMA) mapped floodplain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, anal a Letter of Map Revision (IX)MR) prior to occupancy. Response: As noted in Mitigation Measure 1 on page V-64 of the Draft EIR: "All drainage facilities for this project shall conform to the standards and requirements of the Riverside County Flood Control and Water Conservation District and the City of Temecula in order to mitigate potential surface 8 This measure would apply to the FEMA requirements noted above, as applicable to the proposed project. ' .... Comment 4: If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain a Section 1601-1603 Agreement from the California Department of Fish and GAme and a Clean Water Act Section 404 permit from the U.S. Army Corps of Engineers or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 404 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permits. Response: See response to comments from the U.S. Army Corps of Engineers as contained in this Responses to Comments package. STATE OF CALIFORNIk DEPARTMENT OF TRANSPORTATION (April 1, 1994) Comment 1: Care should be taken when developing this project to preserve and perpetuate the existing drainage pattern of the State Hig*hway. Particular consideration must be given to cumulative increased storm runoff to insure that a highway drainage problem is not created. Response: The size of the project site (6.642 acres) and the direction of future drainage flows from the finished project (toward Santa Gertrudis Creek and away from State Route 79) insures that the proposed project wffi not result in increased · storm runoff impacts to the nearest State Highway, Winchester Road (State Route 79). Comment 2: Access from the project to State Route 79 (Winchester Road), opposite Reripaugh Read, will require Caltrans approval. Response: This comment is hereby incorporated into the Final Environmental Impact Report. 10 G. DOREEN LINNEN (April 6, 1994) Comment 1: I object to the placement of a bus facility near our home for the following reasons= a) air pollution b) noise, and c) traffic congestion. These impacts wffi result in a loss of property value of our home. Response: The impacts of the proposed project related to air quality, noise and traffic were analyzed in detail in Sections IV.D., Air Quality, IV.C., Noise and IV.E. Circulation. The only significant impact resulting from the analysis of these three issues is the "short-term" (construction -related) emissions of Nitrogen Oxides. This impact is short-term in that it only occurs during and as a result of project construction. Comment 2: This type of project should be placed on the opposite side of the freeway away from housing. Response: Section V.C., Alternatives to the Proposed Project, within the Draft EIR, analyzes alternate project sites. One alternate site which was considered was located on the west side of Interstate 15 (Rancho California Water District Building on Diaz Read). This alternative was rejected due to the site's location on the west side of Interstate 15 which lengthens bus routes and would result in possible delays in bus service due to traffic congestion at the freeway overpasses. 11 South Coast AIR QUAL TY MANAGEMENT DISTRICT 21865 E. Copley Drive, Diamond Bar, C;A 91765-4182 (909) 396-:>000 B March 8, 1994 Sated Naaseh City of Temecula 43174 Business Park Drive Temecula, CA 92590 Dear Mr. Naaseh: RE: Temecula Valley School District and Maintenance Facility SCAQMD# RVC940225-01 RECEIVED HAR I O ISS'4 Due to staffing cutbacks the SCAQMD is unable to comment on your project at this time. SCAQMD staff recommends that you follow the procedures and methodologies set out in the SCAQMD CEQA Air Quality Handbook (April 1993). Utilizing the information in the Handbook will assist you in adequately addressing the potential air quality impacts of your project. The Handbook will be updated periodically, in an effort to assist your staff in evaluating air quality impacts that may result from land use projects. The District staff will, however, make every effort to evaluate projects of a regional nature. We are available to answer any questions you may have regarding the use of the CEQA Handbook. Please feel free to contact the Local Government - CEQA section at (909) 396-3 109 for assistance. CAD:Ii _ .-_ REPLY TO ATTENTION OF; DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O- BOX 2711 LOS ANGELES. CALIFORNIA ~0ll53-2325 February 28, 1994 C RECEIVe9': Office of the Chief Regulatory Branch RF, CEIVF, D City of Temecula Planning Department Attn: Saied Naaseh 43174 Business Park Drive Temecula, CA 92590 Ans'd ....____ Gentlemen: It has come to our attention that you plan to construct a transportation and maintenance facility adjacent to Santa Gertrudis Creek, west of Winchester Road and north of Margarita Road in the City of Temecula, Riverside County, California. This activity may require a U.S. Army Corps. of Engineers permit. A Corps of Engineers permit is required for: a. Structures or work in or affecting "navigable waters of the United States," including adjacent wetlands, pursuant to section 10 of the Rivers and Harbors Act of 1899. Examples include, but are not limited to, the following: 1) constructing a pier, revetment, bulkhead, jetty, aid to navigation, artificial reef or island, and any structures to be placed under or over a navigable water; 2) dredging,' dredge disposal, filling and excavation. b. The discharge of dredged or fill material into, including any redeposit of dredged material within, "waters of the United States" and adjacent wetlands pursuant to Section 404 of the Clean Water Act of 1972. Examples include, but are not limited to, the following: 1) creating fills for residential or commercial development, placing bank protection, temporary or permanent stockpiling of excavated material, building road crossings, backfilling for utility line crossings and constructing outfall structures, dams, levees, groins, weirs, or other structures; 2) mechanized landclearing, grading which involves filling low areas or land leveling, ditching, channelizing and other excavation activities that would have the effect of destroying or degrading waters of the United States; 3) a}towing runoff or overflow from a contained land or water disposal area to re-enter a water of the United States; 4) placing pilings when such placement has or would have the effect of a discharge of fill material. c. The transportation of dredged or fill material by vessel or other vehicle for the purpose of dumping the material into ocean waters pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972; d. Any combination of the above. Enclosed you will find an information packet that describes our regulatory program. If you have any questions, please contact Eric Stein of my staff at (213) 894-0352. Refer to this letter in your reply. Sincerely, Bruce A. Henderson Acting Chief, South Coast Section Enclosures County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH DATE: TO: -C~Y OF TEMEC-U-L-A- PLANNING DEPT. Avr : S edN ,eh %C.~ JOHN SILVA, P.E., Senior PubIic Health Engineer, Depamnent of Environmental Health FR~.-OM: ~TEMECULA VALLEY UNIFORM SCHOOL DISTRICT TRANSPORTATION, ADMINISTRATIVE AND MAINTENANCE FACILITY - DRAFT EIR WA TER/SEWER: (John C. Silva, P.E., Senior Public Health Engineer), Denartment of Environmental Health The 6.642. acre site will be receiving its 23,911 gallons per day of domestic water from Rancho California Water District. A total of 19,926 gallons per day of sewage is estimated from the project which will be treated at the Eastern Municipal Water District plant in Temeeula. Use of RECLAIMED WATER is mentioned but not fully explored for project implementation. Should a dual plumbing system be used to iragate the landscape and shrubbery, enough fresh water would be saved and made available to serve about 50 homes or families. In the reclaimed business, a project such as this is the ideal type of project for dual uses of water. The dual system would be designed by a Registered Civil Engineer with review/approval by the Riverside County Health Department. SOLID WASTE: Chuck Strev, P.E., Civil En2ineer, Denartment of Environmental Health The LEA ofters the following comments on the above referenced project: 1. The EIR should address the proper handling, and recycling of construction waste generated during the project development. 2. Multi-family dwelling umt waste bin enclosures should provide adequate space for storage of reeyclable materials. 3. If any significant illegal land filling activity is discovered as a result of this project, the LEA shall be notified prior to burial or removal. If you should have any further questions regarding the above Document, please do not hesitate to contact me at (909) 275-8980. 1 2 3 4 JS:dr RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT P.O. ~ !033 E The District does not normally recommend conditions for land divisions or other land use cases In inooqxxazed oltles, The District. also __does nol plan Check dry land use cases, or provide Stale Division of Red Estate beers or other Ikxxl hezard reports for such Case& comment¢/reoonlmerdations for such cases are normeJly limi*.ed to items of spedtic Interest to L*-.e ~ including ~trlar, Master Drainage Pies' fadlitJes, other regional flood control and drainage facilities which todd be conddered a logical conlxx~nt or extendon of 8 master plan system, and Dis. trict Area Drainage Plan fees (development mitigation fees). In addition, informalion of a general nature is provided. The Dietrid has not reviewed the proposed project in detail and the fallowing checked comments do not in any way constitute or imply Dislrk;t approval or endorsement of the proposed project with raspe~ to flood hazard, public health and solely or any other such issue: Is project would not be Impacted by District Master Drainage Ran fadlilies nor are other fadEties of regional interest proposed. 1 ["] This project involves District Master Ran facilities. The District will aCCept ownership of such radiities on written request of the City. Facilities must be mnstructed 1o CHstrlct standards, and District plan check and inspection will be requked for District acceptance. Plan checi~ inspection and administrative fees will be required. r"'] Thi$ ptojed im-oposes channels, storm drains 36 inches or la~ef In diemeier, or other radiities theK co{JId be considered regional in n and/or a Jogic~ extonsjon of tho m~3pted _ Ma~ter Drainago Plen. The District would consider 8cceptlng ownership of such fadlities on ~wltton request of the City. Fadlilies must be conSLrUC;ted tO Distri(;( $tafidards, and Distdd plan check and inspeclion will be required for District acceptance. Plan Check, InspeCtion and administrative fees will be required. f"'] TNs proJed is located within the Emits of the Distrlct's Area Drajnage Ran tot which drainage fees havo been adopted; applicable foos sl~ould be paid to tho Rood Contrd District or City prio~ to final approval of the project, or in the c, ase of ~ parcel map or subdivision prior to recordatlon of the final map. Fees to be paid should be at the rate in effect at the time of recordorion, or if deferred, at Ihe time of issuance ot the actu~ permit. GENFRAI INFOBM,5.T. LQN This projed may require a National Pdlutant Discharge Elimlnalion System (NPDES) perrnil from the State Water Resources Control B~ard. 2 Clearance for grading, recordorion, or other final approval, should not be given until the City has determined thet the project hes been grained a permit or is shown to be exempt. If this project involves ~ Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should require ~he 8ppllCant to - provide all studies, C.~lculalions, plans end other Intofruition required to meet FEMA requirements, and should furlher require that the applicant obtain a Conditional L~Tler of Map Revision (CLOMR) prior tO grading, recordorion or other final approval ol the project. and a Letter ol Map Revision (LOMR) prior to occupancy. If a nalural wateroourso or mapped floud plain is hnpacled by this project the'Clly should require the applicant to obtain a ,Seclion 1601/1603 Agreement from the California Departmenl of Fish and Game and a Clean Water ACt Section 404 potrail from the U.S. Army Corps of Engineers, or writlen correspondence Irom Ihese agerides Indicating the projecl Is exempt from these requlrernenl$. A Clean Water Act Se~ion 404 Water Quality C, ertilication may be required from the local California Regional Waler Quality Conb'ol Boai'd prior to issuance of the Corps 404 permit. c: Very truly yours, _~",1:),(. DUSTY WILLIAMS · ~ Senior Civil Engineer , :~-~ ~PR 18 ' 94 n"~. ," -- norandu;m and HeullngP~i/~nq' I ,State Clearinghouse Office of Planning & Research 1400 1Oth ~treet Sacramento, CA 95814 Attention Mari Lewis : DEPARTMENTOFTRANSPORfATION D'ietrict 8 Dme ' April 1, 1994 Fib Ne., O8-R~v-Tg-R3 · 9 MCH# 93092023 Draft Environmental Impact Report for the Temeoula Valley School District Bus and Maintenance Facility we have reviewed ~he above-referen~od document and request consideration of the following comments| care should be taken when developing this project to preserve and perpetuate the existing drainage pattern of the Brats highway. Particular consideration must be given to cumulative increased storm runoff to insure that a highway drainage.problem is not created. I Access from the project to State Route 79 (Winchester Road), opposite Roripaugh Road, Will require Celtfans approve]- All matters regarding access, grading, and drainage should be sent Mr. Gerry bunt Development Review California Department of Transportation P.O, BOX 231 8an Bernardino, CA 92402 If you have any questions, please contact La Keda Johnson at (909) 383-5929 or FAX (909) 383-7934. Riverside County Coordination Branch LKJ:cl 2 kTE OF CALFORNIA :)VERNOR'S OFFICE OF PLANNING AND RESEARCH X) TENTH STREET ' .~.- CRAMENTO, OA gSB14 April 12, 2994 PETE WILSON, RECEIVED APR 161994 CITY OF 'IT, MECULA The State Cleazinehouse has submit~ed the shove na~md draft Invizonment&l lmpaa~ Report (fIR) to selected trite agencies for review. The review peri~i is now ~loled and the aomments from the =lspondin9 igency(lel) is(are} enclosed. O~ the enclosed' Notice oJ Completion form you will no~e tha~ ~he Clearinghouse has sheeked the agencies that have eommen~ed. Please review the No&See $f Completion t~ e~suEe ~h&~ your co~ent pacXlge ~s c~mplete. If the c~wen~ paGklge is n~ in order, please notify the's~a~e Clearinghouse immediately. Remember ~0 refe~ ~o the eleh%-d~git Sties Clearinghouse number so ~hit we ms~ respond prompelt. Please note &hit Sectia~ 21104 o~ the Calieozn~a Public Resources C~de required thaws "a responsible agency or other public agency shall only mak~ pub.t~ntive comments rags''~' 'N'.,~e ectivi~4~ tzsvr,~,u~d in a project which an area of expertise of the agsnoy or which ere required to be oarrAid ou~ or approved bF t~e agency." Commenting agencies are also required by th~s section %~ support their cemmente e~eoif~c documentation. TheSe OommentS are forwarded for your use An ~reparing your fiail IIR. Should ~ou need more ~n~o~mation or clarification, we recommend that you co~tic~ the zgen~(lec). This lette~ ackngwledgee.~he~ you hive complied with the It&re dilatinghouse review requirements Jot draf~ environmental documents, pursuant ~o the Cellfornil Environmen~al 9eelill &of. Piesel contact Marl Lemoe s~ (916) 445-0613 If ~ou have any queeti;nl regarding the environmental review process. [nclosures ~r~; ReSOUrcal Agency RECEIVED APR 0 8 199~ Ans'd .........._ ATTACHMENT NO. 5 SCHOOL DISTRICT LETTER - COMMUNITY MEETING R:\STAR;RPT~I57PA93.CC 6/7/94 klb 13 October 19, 1993 TEMECULA VALLEY "Un'ifled School District SUPERINTENDENT Patdcia B. Novotney, Ed.D. RECEIVED OCT 2 1 1993 Ans 'd ............ BOARD OF EDUCATION Rosie Vanderhaak Joan F. Sparkman Clerk Dr. David Eurich Walt Swictda Member Barbara Tooker Saied Naaseh City of Temecula 43174 Business Park Drive Temecula, California 92590 SUBJECT: Dear Saied:' OCTOBER 13 COMMUNITY MEETING SUMMARY MAiNTEN/~NCE, OPERATIONS, & TRANSPORTATION FACILITY As discussed with you, our community meeting last week was very successful in informing the Roripaugh Hills and Winchester Collection area residents of the subject project and addressing the concerns of these neighbors related to the project. As you know, we hand delivered approximately 900 invitations to the neighbors on October 8, and 12 neighbors responded by attending the October 13 evening meeting. (See attached attendee list.) In general, the comments from the 12 neighbors were positive toward the site and building design, and the following questions were raised: 1. What would be the working hours of this facility? Generally 6:00 AM - 5:00 PM 2. Would there be stadium lights at the adjacent high school site? No, per i~igh school EIR. 3. Is there a need for a Margarita entrance stop lite? Being addressed in EIR traffic study, Doug Wood to follow up. 4. Is the 40 bus design capacity sufficient to support the complete build-out of the District? Yes. E. Do the traffic studies address the recently completed Margarita extension? Doug Wood to follow up. 6. What is being incorporated in the design to reduce graffiti potential? Vines on bare walls. 7. What is the process for final approval of this project by the City ? January Planning Commission and City Council hearings and EIR certification. 8. Would a footbridge across Santa Gertrudis Creek be feasible to serve the new High School? footbridge across Highway 79? May be des/~able but very costly and difficult to secure funding. 9. What will ultimately be the speed limit on Highway 79? Caltrans data needed. 10. Could property north of the high school site be set aside for a city park? City Planning Depertment determination. 11. Will the emissions from the buses be an impact to surrounding neighbors? No. SCAQMD testing data forwarded to interested neighbors and included in EIR. Also attached are our comments to Doug Wood on the Screencheck Draft EIR for this project. We have asked Doug to do everything possible to work with you to be ready for the January 3 Planning Commission meeting, and the January City Council 'meeting. Thank you for combining the Planning' Commission/City Council hearing notices, and for your continuing efforts to keep this EIR on schedule. Si cerely, ~ e er Director of Facilities Development cc: Gary Thornhill, Director of Planning,. City of Temecula Patricia B. Novotney, Ed.D., Superintendent John Brooks, Assistant Superintendent Business Services Doug Wood, Douglas Wood and Associates Tom Burke, BGRP (SAIED.OCT} 31350 Rancho Vista Road / Temecuta, CA 92592 / (909) 676-2661 -TEMECULA-VALLEY UNIFIED SCHOOL DISTRICT MAINTENANCE/TRANSPORTATION FACILITY INFORMATIONAL MEETING OCTOBER 13, 1993, 7:30 pm MARGARITA MIDDLE SCHOOL ATTENDEES LIST. 2. 3. 4. 5. 6. 7. NAME Elise Turner Nick & Irene Vultaggio John & Annette Roberrs Lee Dietz Bob & Eileen Merrill Robert Wyatt Coleen Moorhouse Ed & Marilyn Mowles ADDRESS 39859 Creative Drive 39813 Creative Drive 27440 Bolandra Court 14507 Staring Street 39730 Barberry Court 39100 Rising Hill Drive 39534 Long Ridge Drive 27595 Dandelion Court DAYTIMEPHONE# 909-677-3225 909-677-2423 909-676-2528 909-699-1503 909-694-8419 639-1120 734-1111 909-677-5763 909-694-9649 ATTACHMENT NO. 6 FEE CHECKLIST R:\STAFFRFI'XI57PA93.CC ~fil94 klb 14 ATTACHMENT NO. 6 ......... CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST Planning Application No. PA93-O157 The following fees were reviewed by Staff relative to their applicability to this project (refer to the May 2, 1994 Planning Commission Staff Report. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility (Traffic Mitigation) Public Facility (Traffic Signal Mitigation) Public Facility (Library) Fire Protection Flood Control (ADP) Consistent with Specific Plan Consistent with Future General Plan Condition of ADDrOval Condition No. 12 Condition No. N/A Condition No. N/A Condition No. N/A Condition No. N/A Condition No. 89 Condition No. 52 N/A YES R:\STAFFRPT~157PA93.CC 6fil94 kib 15 ITEM N O. 2 3 APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: (~_ City Manager/City Council · FROM: Shawn D Nelson  · , Director of Community Services DATE: June 14, 1994 SUBJECT: Lease Agreement with the Temecula Valley Historical Museum Foundation PREPARED BY:~'~,r~Phyllis L. Ruse, Senior Management Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE LEASE OF PROPERTY WITHIN SAM HICKS MONUMENT PARK FOR THE TEMECULA MUSEUM e e Accept the Summary Report Pursuant to Section 33433 of the California Community Redevelopment Law on an amended and restated Lease by and between the City of Temecula and the Old Town Temecula Historical Museum Foundation. Approve the amended and restated Museum Lease Agreement by and between the City of Temecul~ and the Old Town Temecula Historical Museum Foundation. Appropriate $500,000 to Capital Projects Account No. 210-190-808-5804 and approve an operating transfer from Development Impact Fund of $500,000 to fund the renovation of St. Catherine's Church and the construction ofthe Tememcula Valley Historical MUseum at Sam Hicks Monument Park. BACKGROUND: On October 2, 1990, the City Council approved a lease with the Old Town Temecula Historical Museum Foundation for forty (40) years for $1.00 per year. The purpose of this lease was to allow the Museum F~undation to construct a museum facility and renovate the old church on Sam Hicks Monument Park. On November 9, 1993, the Council approved an amendment to the lease, allowing the Foundation additional time to complete their construction. However, because the Museum Foundation will be utilizing City funds' to construct the museum facility, a new amendment to the existing lease agreement has been prepared for City Council consideration. Redevelopment Law requires that the City Council accept a Summary Report and adopt a r,%c~,agendas%tv~deaee.ec 060294 Resolution based on that report acknowledging that the property is to be leased for lower than market value. The Report and Resolution further affirm that leasing the property to the Museum Foundation is in the'best interest of the City, will benefit the citizens of Temecula, and will assist in the elimination of blight conditions in the City. The lease provides for the Museum Foundation to renovate St. Catherine's Church and construct a museum facility of no more than 22,900 square feet. The museum will be constructed in phases with Phase I including a 6,100 square foot museum building, a 1,800 square foot plaza area, and a 1,200 square foot interpretative area. The lease is for a forty . (40) year term with an additional twenty (20) year option at the same lease amount. The recently approved Master Plan for Sam Hicks Monument Park calls for additional improvements to the park which the City will construct. These improvements include .a restroom/snack bar, bandstand, picnic facilities, pedestrian circulation, parking, and landscaping. The City will maintain all park amenities and landscaping. Operation and maintenance of the museum and church buildings will be the responsibility of the Museum Foundation. FISCAL IMPACT: Cost of improving the church facility and constructing the museum is budgeted at $500,000 in Development Impact Fees. Cost of completing the park improvements at Sam Hicks Monument Park is budgeted at $475,000 in Redevelopment Agency funds. Attachments: Resolution Summary Report Lease Agreement r.~ssgssdss~tvfdssse,c~ 060294 SUMMARY REPORT PURSUANT TO .... SECTION 33433 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW ON AN AMENDED AND RESTA~ LEASE BY AND BETWEEN TIlE CITY OF TEMECULA THE OLD TOWN TEMECULA HISTORICAL MUSEUM FOUNDATION This summary report has been prepared by the Temecula Redevelopment Agency ("Agency") pursuant to Section 33433 of the California Health and Safety Code. This report sets forth certain details in the proposed amended and restated lease agreement ("Lease") between the City of Temecula (City) and the Old Town Temecula Historical Museum Foundation ("Foundation"). The Lease requires the City to lease property located adjacent to Sam Hicks Park to the Foundation for the purpose of constructing a museum. The property to be leased includes a parcel that was purchased in part from tax increment monies, As required by the Community Redevelopment Law, this report describes and · specifies: 1. The cost of the proposed lease to the Agency; The estimated value of the interests proposed to be leased determined at the highest-uses permitted under the Redevelopmerit Plan; e The purchase price and sum of the lease payments to be paid by the Foundation for the interests being leased; and e The means by which the lease of the propen7 at less than fair market value will assist in the removal of blight. This report and the proposed lease are to be made available for public inspection prior to the approval of the Lease. This report and the proposed lease are to be made available for public inspection prior to the approval of the Lease. SUMMARY OF THE LEASE A. The City acquired title to certain real pwperty located in the City of Temecula, County of Riverside, Stab of California, known as Sam Hicks Monument Park (the "Park"), on or about April, 1991 from the Sam Hicks Monument Park Foundation. B. Upon acquisition by the City, the Park was subject to a Museum Lease between the City and the Temecula Historical Museum Foundation, dated January 1, 1991, which contemphted the construction of a 3,000 square foot Museum and also the relocation of a 1,200 square foot Church within the Park.. C. On July 15, 1992, the City acquired title to certain real property adjoining the Park, known as the 'L-Shaped Parcel.* This Parcel was added to the Park. The purchase price for the L-Shaped Parcel was $1,050,000, of which the Temecula Redevelopment Agency paid $400,800 from tax increment monies. D. The Foundation has revised its plans for the Museum, and now desires to construct a 22,900 square foot building, in phases. The first phase will consist of a 6,100 square foot Museum, an 1,800 square foot plaza and a 1,000 square foot outdoor interpretlye center, along with renovation of the church. The Museum will be built on the L-Shaped Parcel, but the church will be located on the original park land. E. The Museum is to be open to the public. It will house the Temecula Museum Collection, consisting of art objects, artifacts, papers, photographs, architectural elements and other items of aesthetic, cultural or historical significance relating to the Temecula region. The foundation shall operate the Museum for the preservation, interpretation and exhibition of the Temecula Museum Collection and for educating the public regarding the Temecula region. F. The Museum is to be located within Sub Area 3 of the Temecula Re, development Project Area, adjacent to the Old Town Temecula portion of the Project Area. Redevelopmerit of the economic base of Old Town Temecuh requires attracting tourists not only from within Riverside County and adjacent Counties, but also from beyond Southern California.. It further requires making Old Town Temecula. into the cultural heart of the surrounding Temecula Valley. Locating, constructing and operating the Temecula Museum adjacent to Old Town is critical to achieving these objectives. By creating a cultural center to the Temecuia Valley, the Museum will attract tourists, stimulate economic growth, and benefit the Project Area. : G. The following blighting conditions are present within old Town: 1. Old buildings that do not meet current se~smi~ sl~ndards; "2. Lack'of'Adequate on-street and off-street parking; Subdivided lots of inadequate size for proper usefulness and development that are in multiple ownership; 4. Stagnant and depreciating property values; and e Incompatible land uses that serve to prevent economic development in the area. H. The Foundation lacks sufficient resources to construct the Museum entirely with its own funds. Consequently, City and Redevelopment Agency assistance is required. I. Leasing land purchased with tax increment monies to the Museum at below fair market value, and providing City resources to fund construction of the Museum will stimulate economic growth, and thereby help eliminate the above blighting conditions. J. Pursuant to Health and Safety Code 33433, the City has made available to the public a copy of the Lease with the Foundation for construction and operation of the Museum. The following information describes the Redevelopment Agency's participation in the purchase of the property to be leased: 1. The cost of the "L-Shaped Parcel" to the Agency was $400,800. appraised value of this Parcel as of July 1991 was $900,000 according to the City's appraisal, and $1,245,000 according to the then-owner's February 1992 appraisal. The actual price was $1,050,000 or ($15.75 per square foot), of which the Agency funded $400,800. The 2. The Redevelopment Plan permitted the Museum footprint, as well as the L-Shaped Parcel to be developed as Scenic-Highway Commercial. Consequently, the highest and best use for the Museum footprint under the Plan is approximately the original purchase price of $15.75 per square foot, or $360,675 for the 22,900 square foot footprint. However, since the July 15, 1992 purchase of the L-Shaped Parcel, prices have declined. As an example, an appraisal completed for the City on an adjacent comparable property on August 13, 1993 reflects a fair market value of only $10.36 per square foot. Consequently, the current market value of the footprint is estimated to be $237,244. 3. Also, since the purchase of. the L-Shaped Parcel, the City Adopted its General Plan in November, 1993, and the Old Town Specific Plan in February, 1994. These documents restrict the highest and best use of the Museum footprint primarily to cultural and civic uses. This restriction substantially reduces the estimated value of the Museum footprint to be leased to the foundation. P:SUMk!ARY.LS 4. The total recital value of Museum footprint over the 40 year lease and the 20 year opti_'on period ~ $_60, which is substantially less than the fair market value of the footprint." K. Leasing the Museum footprint to the Foundation at le&s than the fair marl~t value of the sit~ will assist in the elimination of the above-referenced blighting conditions because the exisUmce of the Museum win further estabnsh Old Town Temecula as the cultural heart of the Temecula Vaney. The Museum win assist in attracting tourists from beyond the City, thereby stimulating economic activity in the Old Town Temecula area by providing a customer base for restaurant, retail and entertainment uses. RESOLUTION NO, 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECUIA APPROVING TFIY~ LI~.AKSE OF PROPERTY WITHeN SAM HICKS MONUMENT PARK FOR THY~ TEMECULA MUSEUM The City Council of the. City of Temecula does. hereby determine, resolve, and order as follows: Section 1. Findings. The City Council hereby makes the following findings: A. The City acquired title to certain real property located in the City of Temecula, County of Riverside, State of California, known as Sam Hicks Monument Park (the "Park"), on or about April, 1991 from the Sam Hicks Monument Park Foundation. B. Upon acquisition by the City, the Park was subject to a Museum Lease between the City and the Temecula Historical Museum Foundation, dated January 1, 1991, which contemplated the constructidn of a 3,000 square foot Museum and also the relocation of a 1,200 square foot church within the Park. C. On July 15, 1992, the City acquired title to certain real property adjoining the Park, known as the "L-Shaped Parcel." This Parcel was added to the Park. The purchase price for the L-Shaped Parcel was $1,050,000, of which the Temecula Redevelopmerit Agency paid $400,800 from tax increment monies. D. The Foundation has revised its plans for the Museum, and now desires to construct a 22,900 square foot building, in phases. The first phase will consist of a 6,100 square foot Museum, an 1,800 square foot plats and a 1,000 square foot outdoor interprefive center, along with renovation of the church. The Museum will be built on the L-Shaped Parcel, but the church will be located on the original park land. E. The Museum is to be open to the public. It will house the Temecula MUseum Collection, consisting of an objects, artifacts papers, photographs, architectural elements and other items of aesthetic, cultural or historical significance relating to the Tomecult region. The Foundation shall 'operate the Museum for the preservation, interpretation and exhibition of the Temecuia Musetim Collection and for educating the public regarding the Temecula region. F. The Museum is to be located withi~ Sub Area 3 of the Temecula Redevelopment Project Area, adjacent to the Old Town Temecula portion of the Project Area. Redevelopmerit of the economic base of Old Town Temecula requires attracting tourists not only from within Riverside County and adjacent Counties, but also from beyond Southern California.' It further requires making Old Town Temecula into the cultural heart of the surrounding Temecula Valley. Locating, conslnxcling and operating the Temecula Museum adjacent-to Old Town is critical to achieving these objectives. By creating a cultural center to the Temecula Valley, the Museum will attract tourists, stimulate economic growth, and benefit the Project Area. " G. The following blighting conditions are p~t within Old Town: 1. Old buildings that do not meet current seismic standards; 2. Lack of adequate on-street and off-street parking; 3. Subdivided lots of inadequate size for proper usefulness and development that are in multiple ownership; 4. Stagnant and depreciating property values; and 5. Incompatible adjacent uses that serve to prevent economic development 1t. The Foundation lacks sufficient resources to construct the Museum entirely with its own funds. Consequently, City and Redevelopmerit Agency assistance is required. I. Leasing land purchased with tax increment monies to the Museum at below fair market value, and providing City resources to fund construction of the Museum will stimulate economic growth, and thereby help eliminate the above blighting conditions. J. Pursuant to Health and Safety Code 33433, the City has made available to the public a copy of the Lease with the Foundation for construction and opexation of the Museum. The City has also made available to the public a summary providing the following information concerning the DDA: 1. The cost of the 'L-Shaped Parcel' to the Agency was $400,800. The appraised value of this Parcel as of July 1991 was $900,000 according to the City's appraisal, and $1,245,000 according to the then-owner's February 1992 appraisal. The actual purchase price was $1,050,000 or ($15.75 per square foot), of which the Agency funded $400,800. 2. The Redevelopment Plan permitted the Museum footprint, as well as the L-Shaped Parcel to be developed as Scenic-Highway Comma Consequently, the highest and best use for the Museum footprint uniter the Plan is approximately the original purchase price of $15.75 per square feet, or $360,675 for the 22,900 square foot footlxint. However, since the July 15, 1992 purchase of the L-Shaped Parcel, prices have declined. As an sample, an appraisal completed for the City on an adjacent comparable property on August 13, 1993 reflects a fair market value of only $10.36 per square foot. Consequently, the current market value of the footprint is estimated to be $237,244. 3. Also, since the purchase of the L-Shaped Parcel, the City adopted its General Plan in November 1993, and the Old Town Specific Plan in February, 1994. These documents restrict the highest and best use of the Museum footprint primaffiy to cultural and civic uses. This restriction substantially reduces the estimated value of the Museum footprint to be leased to the Foundation. 4. The total rental value of Museum footprint over the 40 year lease and the 20 year option period is $60, which is substantially less than the fair market value of the footprint. K. Leasing the Museum footprint to the Foundation at less than the fair market value of the site will assist in the elimination of the above-referenced blighting conditions because the existence of the Museum will further establish Old Town Temecula as the cultural heart of the Temecula Valley. The Museum will assist in attracting tourists from beyond the City, thereby stimulating economic activity in the Old Town Temecuh area by providing a customer base for restaurant, retail and entertainment uses. Section 2. Based upon the above findings, the City Council of the City of Temecula hereby approves the leasing of the Museum footprint to the Old Town Temecula Museum Foundation for the purposes of construction of the Old Town Temecula Museum. PASSED, APPROVED AND ADOFI~.D, this 141h day of June, 1994. Ronsld H. RoberU, Mayor ATTEST: June S. Greek, City Clerk STATE OF CATIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 9~__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 14th day of June 1994, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCrr.MF~MBERS: COUNC'K,lV~-MBERS: COUNCK,MEMBERS COUNC~ERS: EXEMPT RECORDING REQUESTED BY City of Temecula PER GOV'-T-CODE S 6103' AND WHEN RECORDED MAIL TO City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attention: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE AMENDED AND RESTATED MUSEUM LEASE AGREEMENT BY AND BETWEEN THE CITY OF TEMECULAAND THE OLD TOWN TEMECULA HISTORICAL MUSEUM FOUNDATION JUNE 14, 1994 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. RECITALS AGREEMENT TABLE OF CONTENTS eeeeeeeeeee'eeeeeeeeeeeeeeeee eeeeeeeeeeeeeeeeeeeeeeeeeee PARTIES TO THE AGREEMENT ............ A. The City ........................ B. The Foundation ........ ~ ........ LEASE OF PROPERTY ......... , ......... EXHIBITS ............................ PROHIBITION AGAINST CHANGE IN OWNERSHIP, MANAGEMENT AND CONTROL OF FOUNDATION ............... TERM ................................. RENT ................................ USE OF THE PROPERTY ................. SCOPE OF DEVELOPMENT ................. FUNDING .............................. DESIGN OF PHASE i MUSEUM ............. SELECTION OF THE PHASE 1 MUSEUM CONTRACTOR .................... CONSTRUCTION OF PHASE i MUSEUM ....... DESIGN AND CONSTRUCTION OF THE PHASE 2 MUSEUM AND THE CHURCH ........ OPERATION. OF THE MUSEUM .............. STRUCTURES AND FIXTURES .............. SURRENDER OF PROPERTY ...... ~ ......... REPAIRS .............................. ALTERATIONS .......................... -i- Paae 1 2 2 2 2 2 2 3 3 3 4 4 5 6 6 6 7 8 9 9 9 10 20. 21, 22. 23, 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. UTILITIES ............................ MECHANICS ' LIENS' . .................... ALIENABILITY OF PROPERTY ............. TAXES ................................ WASTE OR NUISANCE .................... INDEMNITY AND INSURANCE .............. NON-LIABILITY OF OFFICIALS AND EMPLOYEES OF THE CITY ................. INSOLVENCY ........................... ABANDONMENT .......................... INSPECTION OF BOOKS AND RECORDS ...... ENTRY BY CITY ........................ COMPLIANCE WITH LAWS ................. NOND I S CRI MI NAT I ON .................... DAMAGE/DESTRUCTION ................... LEGAL ACTIONS ........................ RIGHTS AND REMEDIES ARE CUMULATIVE ... INACTION NOT A WAIVER OF DEFAULT ..... DEFAULT, NOTICE OF DEFAULT, BREACH ... DAMAGES .............................. SPECIFIC PERFORMANCE ................. UNLAWFUL DETAINER .................... TERMINATION . ......................... BINDING ON SUCCESSORS ................. NOTICES AND PAYMENTS ................. 11 11 11 11 12 12 13 13 13 14 14 14 14 14 15 15 15 15 16 16 16 16 17 17 -ii- This Amended and Restated Museum Lease Agreement is entered'into as'~f'June 14, 1994, between the CITY OF TEMECULA (hereinafter referred to as "City"), and THE OLD TOWN TEMECULAHISTORICALMUSEUM FOUNDATION, a California non-profit public benefit corporation (hereinafter referred to as "FOUNDATION"). RECITALS WHEREAS, the City acquired title to certain real property located in the City of Temecula, County of Riverside, State of California, known as Sam Hicks Monument Park, which is described in Exhibit A-1 attached hereto, by deed dated April 1991 (hereinafter referred to as "Parcel WHEREAS, upon acquisition by the City, Parcel 1 was subject to a Museum Lease between the City and the Foundation dated January 1, 1991, which contemplated the construction of a 3,000 square foot Museum and the relocation of a 1,200 square foot Church. WHEREAS, subsequently, the City acquired title to certain adjoining real property located in the City of Temecula, County of Riverside, State of California which is described in Exhibit A-2 attached hereto, by deed dated July 15, 1992 (hereinafter referred to as Parcel 2"). Collectively, Parcels I and 2 will be hereinafter referred to as the "Park". WHEREAS, the City and the Foundation desire to terminate the January 1, 1991 Museum Lease in favor of this Amended and Restated Museum Lease and Disposition and Development Agreement (hereinafter referred to as the "Agreement"). WHEREAS, the purpose of the Agreement is to relocate and construct allarger Museum on Parcel 2 and provide for the funding, operation and maintenance of such a Museum. WHEREAS, the Redevelopment Plan was approved by Ordinance No. 658 of the Board of Supervisors of Riverside County on July 12, 1988 prior to incorporation of the City of Temecula. Pursuant to City Ordinance No. 91-11, which became effective May 9, 1991, and.City Ordinance No. 91-15, which became effective April 9,. 1991, the City approved the Plan. Said Ordinances had the effect of adopting the Plan and transferring jurisdiction over said Plan to the Agency, as of July 1, 1991. Pursuant to Ordinance No. 93-04 and 94- 1071219~.2 '1- Nay 27, 03, Ordinance No. 91-11 was codified at Section 8.04.010 of the Temecula Municipal Code. WHEREAS, Parcel 2 was purchased for $1,050,000, of which the Redevelopment Agency of the City of Temecula funded $400,800. The Museum will be located on Parcel 2. Because all of the Property to be used for the Museum and Church will be leased to the Foundation at $1.00 per year, which is less than fair market value, it is necessary that the City approve the .Lease of the Property at less than fair market value pursuant to Health & Safety Code Section 33433. · Pursuant to City Resolution No. , the City Council has approved the Lease of the Property at less than fair market value. NOW, THEREFORE, in consideration of covenants and promises hereinafter mentioned, the City, and Foundation agree as follows: AGREEMENT 1. PARTIES TO THE AGREEMENT A. The City The City is a general law city located in Riverside County, California. All references to approvals by the City shall mean the City Council of the City, unless another City Commission or Officer is specifically designated. B. The Foundation The Foundation is a California non-profit, public benefit corporation duly organized and existing under the laws of the State of California. The principal office and mailing address of the Foundation .is: Old Town Temecula Historical Museum Foundation, P.O. Box 792, Temecula, CA 92593. 2. LEASE OF PROPERTY. The City hereby leases to the Foundation the property located within the Park to be occupied by the Museum and Church as per the attached plot plan, attached as Exhibit "B", and hereinafter referred to as the "Property." 3. EXHIBITS. The followinq Exhibits to this Agreement are incorporated hereinky this reference: Exhibits A-1 and A-2 Exhibit B Park Deeds Plot Plan of Leased Property 107121~.2 Hay 27, 1~4 -2- Exhibit C Exhibit D Exhibit E Basic Concept Drawings of Phase i Museum and Construction Budget Schedule of Performance Scope of Development PROHIBITION AGAINST CHANGE IN OWNERSHIP, MANAGE- MENT AND CONTROL OF FOUNDATION The qualifications and identity of the Foundation is of particular concern to the City and the Agency. It is because of its qualifications and identity that the City and Agency have entered into this Agreement with the Foundation. Therefore, no voluntary or invol.untary successor in interest of the Foundation shall acquire any rights or powers under this Agreement except as expressly set forth herein. The Foundation shall not assign all or any of its rights or duties under this Agreement nor sublease the Property without the prior written approval of the City, which consent the City shall not unreasonably withhold provided the City determines that the successor is similarly qualified and has specifically agreed in writing to be bound by the provisions of this Agreement. All of the terms, covenants and conditions of this Agreement shall be binding upon and shall inure to the benefit of the Foundation and the permitted successors and assigns of the Foundation. Whenever the term "Foundation" is used herein, such term shall include any other lawful successors in interest of the Foundation. 5. TERM. The term of this Agreement shall be forty (40) years, commencing on November 1, 1990, and ending on October 31, 2030. As part of the consideration for the execution of this Agreement, the City hereby grants to the Foundation an option to extend and renew the provisions of this Agreement for a twenty-year term, upon the same terms and conditions hereof. The option to renew and extend this Agreement must be exercised, if at all, by notice in writing given to the City not less than sixty (60) days prior to the expiration on the previous' term. 6. RENT. The Foundation a~rees to pay the City as rent for the use and occupancy of.the Property the sum of ONE DOLLAR ($1.00) per year, payable in advance on the first day of January of each year commencing with January 1, 1991, and continuing thereafter during the Foundation's use and occupancy of the Property. 10712194.2 '3 -- Nay 27, 1~94 Rent shall be payable in lawful money of the United States to the City at the address stated herein or to such other'persons"~'at such other places as the City may designate in writing. If the Foundation renews the term of this Agreement as provided in Paragraph five (5), the Agreement shall continue for the same rental rate. 7. USE OF THE PROPERTY. A. The design and location of all structures shall be subject to City approval, which approval shall not be unreasonably withheld. All other construction projects, not specifically permitted by this Agreement are prohibited. B. The Foundation shall construct a Museum and remodel the Church on the Property in phases. The first phase shall include the following elements: a) Constructing a museum building of a minimum size of 6,100 square feet; b) Constructing a 1,800 square feet Plaza; c) Constructing an outdoor interpretative area of 1,200 square feet; and d) Renovating the Church. Basic Concept Drawings of these four elements are depicted in Exhibit C, attached hereto, and will hereinafter be referred to as the "Phase i Museum." By approving this Agreement, the City has approved the design and location of the Phase 1 Museum, as required by subparagraph A, above. Construction of the Phase I Museum shall commence no later than January 1, 1995. A final inspection or certificate of occupancy of the Phase i Museum shall be obtained on or before January.i, 1996. The Foundation may increase the size of 'the Museum to a maximum of 22,900 square feet in future construction phases. 8. SCOPE OF DEVELOPMENT A. The Property sha11;be developed within the general controls established in the Scope of Development, the approvals of the City as described herein, and the further approvals of the City as required by the Temecula 107121~z~.2 '4- Hay 27, lW~ Municipal Code, and related laws governing municipal planning, zoning and subdivision. B. The Phase i Museum shall be developed as established in the Basic Concept Drawings and related documents attached as Exhibit C, except as changes may be mutually agreed upon between the Foundation and City. Any such changes shall be within the general controls of the Scope of Development. C. If the FoundatiOn exercises its option to increase the size of the Museum, then it first shall obtain City approval of Basic Concept Drawings and related documents for the development of.the each subsequent phase of the Museum. During the preparation of Basic Concept Drawings for each subsequent phase of the Museum, the City and the Foundation shall hold regular progress meetings to coordinate the preparation of, submission to, and review of the Drawings. The City and the Foundation and its approved assignees shall communicate and consult informally as frequently as is necessary to insure that the formal submittal of any documents to the City can receive prompt and speedy consideration. D. No construction of any subsequent phase of the Museum may occur without City approval of the Basic Concept Drawings. Any City disapproval of the Basic Concept Drawings shall state in writing the reasons for disapproval. Upon receipt of such a disapproval, the Foundation shall revise the portions of the Drawings which are disapproved and related documents and resubmit then to the City as soon as possible after receipt of the notice of disapproval. E. The Foundation shall prepare and submit construction drawings, specifications and related documents for the Phase 1 Museum and all subsequent phases to the City for review pursuant to the Temecula Municipal Code, including the Building Code. 9. FUNDING. The City hereby agrees to finance the construction of the Phase i Museum in an amount not to exceed Five Hundred Thousand Dollars ($500,000.00). The Foundation shall be responsible for obtaining all other necessary funds required to complete the Scope of Development. Upon submission by the Foundation of a payment request form, the City will pay to the Foundation funds sufficient to pay the individuals or entities identified in the payment request form the amounts specified for architectural, engineering, and construction costs, not to 1071219~.2 -5- May 27, 1994 exceed a total cumulative amount of $500,000. The Foundation is to secure all appropriate labor and material releases prior to ~ubmitting the payment request form. 10. DESIGN OF PHASE i MUSEUM. The Foundation shall employ a properly qualified registered architect (the "Architect") and other necessary professionals, including civil engineers to design and prepare detailed bid documents, construction plans and specifications for the Phase I Museum identified in Exhibit C. Exhibit C includes an estimated.budget for the design, engineering and construction of the Phase i Museum. This budget has been prepared by.consultants retained by the Foundation and it is the responsibility of the Foundation to function within the dollar cost set forth in Exhibit C. 11. SELECTION OF THE PHASE i MUSEUM CONTRACTOR. The Foundation shall solicit bids for the construction of the Phase i Museum. The Phase i Museum shall be constructed by contract or contractor's licensed by the State of California (the "Contractor"). The Contractor shall be required to provide performance and payment bonds, each in a principal amount equal to 100% of the contract price, and to name the City and Foundation and their employees, officers, directors, agents and consultants thereof as additional insureds under a comprehensive general liability insurance policy with coverage broad enough to include contractual obligations under such construction contract and in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence. The bid and contract documents shall include the bond and insurance requirements as set forth by mutual agreement of the City and Foundation at the time of advertising for bids and said requirements shall not be less than those stated above. Prior to the award'of any bid'for the Phase 1 Museum, the Foundation shall demonstrate to the City that it has funds sufficient to cover the award of the bid. No award of a contract for the Phase i Museum shall be made unless funds, not otherwise committed by prior construction contracts are available to cover the contract award, including a contingency amount equal to 10% of the contract price and all cbsts for building permit and inspection fees to the City. 12. CONSTRUCTION OF PHASE 1 iMUSEUM. A. The Foundation shall have responsibility for administering the construction contracts awarded for the Phase 1 Museum. 1071219~.2 '6- Hay 27, 199~ B. Before commencement of construction or development of the Phase i Museum, the Foundation shall, at its own expense, s~c~i~e or cause to be secured any and all grading, building and other required permits which may be required by the City and any other governmental agency having jurisdiction as to such construction, development or work. C. The Foundation shall promptly begin and thereafter diligently prosecute to completion the construction of the improvements and the development of the Phase i Museum in accordance with the Schedule of Performance. The Schedule of Performance is subject to revision from time-to-time as mutually agreed upon in writing between the Foundation and the City. The Foundation shall submit to the City written reports of the progress of the construction. The reports shall be in the same form and in the same detail as normally prepared for internal reports of the Foundation or for reports from the Foundation's general contractor to the Foundation. D. For the purpose of assuring compliance with this Agreement, representatives of the City shall have the right of access to the Property, without charges or fees, during normal business hours during the period of construction, so long as they comply with all safety rules. Such representatives of the City shall be those who are so identified in writing by the City Manager. E. No change order may be approved by the Foundation for the Phase i Museum in an amount in excess of the construction budget contained in Exhibit C without demonstrating to the City that there are sufficient uncommitted funds available to the for such purposes. F. The Foundation shall prepare and execute a Notice of Completion for the Phase I Museum, record said Notice with the Office of the Recorder of the County of Riverside, State of California, and cause the Contractor and all subcontractors to provide lien and material releases with respect thereto. The Foundation shall provide copies of each said notice and all releases to the City. 13. DESIGN AND CONSTRUCTION OF THE SUBSEQUENT PHASES. The City and Foundation shall follow the same procedure described in Paragraphs 10, 11 and 12 to design and construct any subsequent phases of the Museum. 10712194.2 --7-- Nay 27, 14. OPERATION OF THE MUSEUM. ~'A. The'Foundation shall establish, maintain and operate the Temecula Museum on the Property, beginning upon issuance of a certificate of occupancy for the Phase 1 Museum, and throughout the term of this Agreement. Such use may include all activities reasonably related to the Museum operation including exhibition, restoration and storage of the Temecula Museum Collection, archival storage, office administration, operation of a museum shop, educational programs, and public/private events. The "Museum" shall mean a professional quality, non-profit museum located on the Property and operated by the Foundation for the preservation, interpretation and exhibition of the Temecula Museum Collection, and for public education regarding the Temecula region. B. The "Temecula Museum Collection" shall mean all art objects, artifacts, papers, photographs, architectural elements and other items of aesthetic, cultural or historical significance relating to the Temecula region owned by the Foundation or by any third person and loaned or entrusted to the Foundation for preservation, interpretation and exhibition. C. The Foundation shall, at all times, maintain the status of a tax-exempt entity under the provisions of the Internal Revenue Code of 1954, as amended. D. The Temecula Museum shall be operated according to the standards and suggested guidelines of the American Association of Museums (AAM), or of any organization which may, from time to time, be generally recognized as an organization organized and operated to promote standards of excellence for the museum profession, comparable to the AAM, and which describe standards and guidelines therefore. Such standards and guidelines shall address the following: (i) Restoration, storage and interpretation of the Temecula Museum Collection; and Curatorial responsibility, including the care, conservation, protection, exhibition, interpretation, loan and use of the Temecula Museum Collection. E. Recognizing the unique combination of a public museum within a public park, the Foundation shall utilize the Property to exhibit works of art, operate a museum shop, hold receptions, previews, benefits and other 107121~4.Z -8- Hay 27~ 1~9~ educational and fund raising activities, all related to the Temecula Museum, with consideration and respect for other uses of-th~ Park.' .... F. The Foundation shall retain at all times during the term of this Agreement qualified, professional curators and a trained staff sufficient to maintain the Temecula Museum Collection and Museum programs in a manner consistent with the standards of a professional museum, as defined above. G. The Foundation shall provide at its sole cost and expense, a complete and appropriate security system or arrangement for the protection of the interior of the Property and the Temecula Museum'Collection therein. The City shall not be responsible for providing any necessary or appropriate security to or for the Property or any of the Temecula Museum Collection located therein. Mechanical and electrical detection/security systems and fire suppression system for the Property shall be actively integrated into the mechanical and electrical detection/security systems and fire suppression system of the Museum. H. The Foundation shall post and maintain regular hours of operation for the Museum. 15. STRUCTURES AND FIXTURES. All structures and fixtures placed onthe Property by the Foundation shall become the property of the City at the end of the term of the Agreement. The Foundation shall have no right to remove such structures and fixtures at any time during the term or after the termination of this Agreement. 16. SURRENDER OF PROPERTY. On expiration or sooner termination of this Agreement, or any extensions or renewal of this Lease, the Foundation shall promptly surrender and deliver the Property to the City including, the structures and fixtures thereon and the Museum. 17. REPAIRS. A. At all times during the term of this Agreement, the' Foundation shall, at the Foundation's own cost and expenWe, and at no cost and expense to the City, maintain the Property and all portions of the Property including the structures and fixtures thereon in good order and repair and make all repairs a~d replacements that may become necessary to the Property, any buildings or improvements on the Property, or any sidewalks, or driveways that are part of, or appurtenant to the Property. Any and all repairs and replacements required by this provision, 107121~4.2 --9-- Nay 27, both ordinary and extraordinary and both structural and nonstructural, shall be made promptly by the Foundation as required and shalI'comply with all applicable governmental laws, ordinances, and regulations. The Foundation hereby waives the provisions of sections 1941 and 1942 of the California Civil Code relating to the City's duty for tenantable premises and the Foundation'$ right to make repairs and deduct the expenses of such repairs from the rent. B. If theFoundation fails to maintain the Property as described in subparagraph A, the City may give written notice of such deficiency to the Foundation. If the City gives notice to the Foundation of a deficiency, the Foundation shall have thirty (30) business days within which to take reasonable steps to cure the deficiency. If the Foundation has not commenced corrective activity within such thirty (30) days, the City may elect to take the steps necessary to insure that the Property is maintained as described in subparagraph A. At least fifteen (15) days prior to entering the Property to perform any such corrective work, the City shall either personally serve a notice of its intent to enter the Property for this purpose on the Foundation or mail a copy of such notice by certified mail to the Foundation's last known address, or as shown on the tax rolls. The City may enter the Property to perform such corrective work as it reasonably considers necessary and proper to return the Property to its proper condition as described in subparagraph A. The City may act either through its own employees or through an independent contractor to perform such corrective work. If the City incurs costs, including administrative costs and attorney's fees in returning the Property to its proper condition pursuant to the procedure set forth above', the City may make a demand upon the Foundation for payment of such costs as are reasonable under the circumstances. If Foundation fails to pay such costs within thirty (30) business days after the date demand is made, this Agreement shall terminate. 18. ALTERATIONS. The Foundation may not make any alterations (other than insubstantial ones) to the Property or structures thereon without the City's prior written consent, which consent shall not be unreasonably withheld. 19. UTILITIES. The Foundation agrees to pay for all utilities, including telephone, water, gas, electricity, and any and all other services which may be used in or upon the Property during the term of this Agreement without liability of the City. For each service, the Foundation shall pay the 10712194.2 '10- Nay 27, cost for the use of the service directly to the utility provider prior to the time that the charge becomes delinquent; .... 20. MECHANICS' LIENS. Pursuant to Section 3094 of the California Civil Code, the Foundation shall cause a Notice of Non-responsibility to be posted on the Property prior to beginning of construction. The City shall cause a Notice of Non-responsibility to be recorded concurrently with the execution of the Agreement. The Foundation hereby agrees to keep the Property, including the Museum, free and clear of mechanics' liens and other liens for labor, service, supplies, equipment, or materials. The Foundation also agrees to fully pay and discharge and wholly protect and save harmless the City against any and all demands or claims that may or could ripen into such liens or labor claims. Notwithstanding the foregoing, the Foundation may, if the Foundation furnishes the City with a bond or other security against loss or liability by reason thereof in a form acceptable to the City, contest, at the Foundation's sole cost and expense, any such liens or claims and litigate the same to final judgment. 21. ALIENABILITY OF PROPERTY. Nothing in this Agreement shall be construed to restrict the'alienability of the Park. The City retains the right to sell or encumber the Park, including the Property, at any time during the term of this Agreement. 22. TAXES. During the term of this Agreement, the Foundation shall pay before delinquency: (1) all taxes, assessments, license fees, and any other charges of any type whatsoever that are levied, assessed, charged, or imposed on or against the Foundation's possessory interest and/or personal property installed or located in or on the Property and that become payable during the term of this Agreement; and, (2) all real property taxes and general and special assessments levied and assessed against the Property. 23. WASTE OR NUISANCE. The Foundation shall not commit or permit the commission by others of any waste on the Property, ihcluding graffiti. The Foundation shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 of the California Civil Code on the Property. The Foundation shall not use or permit the use of said Property for any unlawful purpose. 1071219~.2 '11- Nay 27, 1994 24. INDEMNITY AND INSURANCE. The Foundation agrees to indemnify, defend and hold the City harmless from and against-any and aiI 'claims arising from any act, omission or negligence of the Foundation, or its contractors, licensees, agents, servants, or employees, or arising from any accident, injury or damage whatsoever caused to any person or property occurring in, on, or about the Property, the sidewalks adjoining the Property, and from and against all costs, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, including, but not limited to, court costs and reasonable attorney's fees. The Foundation shall maintain in full force during the term of this Agreement, a policy or policies of general liability insurance in the minimum amount for the first year of the term of this Agreement of One Million Dollars ($1,000,000.00) combined single-limit per occurrence for bodily injury, personal injury and property damage. Upon the final inspection for certificate of occupancy for the Phase I Museum described, the amount of said insurance shall increase to Two Million Dollars ($2,000,000.00). The Foundation shall name the City as an additional insured on such policies. The Foundation shall furnish the City with a Certificate of Insurance with respect to such policy or policies prior to entry on the Property. The policies shall further be endorsed with a "broad form" endorsement so as to provide comprehensive general liability insurance for the joint benefit of'the City. The Foundation shall maintain in force, at the Foundation's expense, a policy or policies of insurance protecting against the following: (1) Fire, earthquake and other perils normally included in the extended coverage insurance with special form, to the extent of at least one- hundred percent (100%) of the insurable value of the building(s) and. other improvements placed on the Property pursuant to the Agreement, exclusive of trade fixtures and equipment and personal property, including the Temecula Museum Collection belonging to the Foundation. (2) Fire and extended coverage insurance with respect to the equipment and personal property, including the Temecula Museum Coliection located on the Property with vandalism and malicious mischief endorsements to the extent of one-hundred percent (100%) of their insurehie value. During the term of this Agreement, the proceeds of any such policy 107121f~.2 Nay 27, -12- or policies for fire insurance should be used solely for the repair or replacement of the "fixtures'a~ personal property so insured. (3) The Foundation shall furnish the City with a Certificate of Insurance with respect to all policy or policies required pursuant to this Agreement prior to entry on the Property, and occupancy of any buildings constructed or relocated onto the Property. If any such insurance required in this Agreement has a deductible clause, the deductible amount shall not exceed $10,00.0.00 per occurrence, and the Foundation shall be liable for any such deductible amount. The coverage amounts for all of the above insurance requirements shall increase annually at a rate equal to the Consumer Price Index for Riverside County. 25. NON-LIABILITY OF OFFICIALS AND EMPLOYEES OF THE CITY. No member, official or employee of the City shall be personally liable to the Foundation pursuant to the provisions of this Agreement, nor for any default or breach by the City. 26. INSOLVENCY. The insolvency of the Foundation as evidenced by a receiver being appointed to take possession of all or substantially all of the property of the Foundation, or the making of a general assignment for the benefit of creditors by the Foundation, shall terminate the Agreement and entitle the City to re-enter and regain possession of the Property. 27. ABANDONMENT. In the event that the Foundation shall'be absent from the Property for a period of 30 days after default in.payment of rent or other obligations imposed on the Foundation by this Agreement, such absence shall be deemed to constitute an abandonment of the Foundation's interest in the Property and an abandonment by the Foundation of any personal property left on the Property, and the City may thereupon reenter the Property as hereinbefore prgvided. 28. INSPECTION OF BOOKS AND RECORDS. Each party has the right to ~nspect, at reasonable times, the books and records of the other pertaining to the Property as pertinent to the purposes of this Agreement. lo712196.2 -13 - May 27, 1994 29. ENTRY BY CITY. 'A. The'C'ity may enter upon the Property and the structures thereon during normal operating hours for the purpose of inspecting the Property. B. The City or its authorized representatives shall be granted entry to the Property in the event of emergency. Key access to Property shall be limited to the City Manager, Police. Chief, Fire Chief, and their designated emergency personnel. 30. COMPLIANCE WITH LAWS. During the term of this Agreement and any renewals hereof, the Foundation shall comply with all ordinances and regulations of the City of Temecula, orders and requirements imposed by the Health and Police Departments, and all Federal, State and County and the City statutes, ordinances, regulations, laws or other requirements concerning all matters applicable to the use, occupancy or operation of the Property. 31. NONDISCRIMINATION. The Foundation herein covenants by and for itself, its heirs, executors, administrators and assigns, and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the leasing, subleasing, transferring, use occupancy, tenure or enjoyment of the Property, nor shall the Foundation itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, occupancy of tenants, lessees, sublessees, subtenants or vendees in the Property herein leased. 32. DAMAGE/DESTRUCTION. If the Property or the structures thereon is damaged or destroyed in whole or in part by fire of other casualty, the Foundation shall repair or restore the Property or the structures thereon to substantially the same condition as they were in immediately before destruction, provided that.the insurance proceeds to the Foundation payable on account of such damage or destruction are sufficient to fund all of the costs of such repair and restoration. The Foundation shall commence and complete all such repair and restoration. If the Foundation 10712194.2 -14 - Hay 27, 1~ does not commence such repair or restoration within thirty (30) days after such damage or destruction occurs or if repair or"~estorat'fo~'will require more than one hundred twenty (120) days to complete, the Foundation may, at its option, terminate this Agreement by giving the City written notice of its election to do so at any time prior to the commencement of such repair or restoration and by paying over any insurance proceeds to the City. In that event, this Agreement shall terminate as of the date such notice is delivered by the Foundation. 33. LEGAL ACTIONS. Any legal actions related to or arising out of this Agreement must be instituted in the Superior Court of the County of Riverside, State of California, in an appropriate municipal court in that county, or, if federal jurisdiction exists, in the Federal DistrictsCourt in the Central District of California. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 34. RIGHTS AND REMEDIES ARE CUMULATIVE. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by any other party. 35. INACTION NOT A WAIVER OF DEFAULT. Any failures or delays by any party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 36. DEFAULT, NOTICE OF DEFAULT,'BREACH. A default in the performanc~ of any promise of, or of any obligation imposed upon the City or Foundation shall not constitute a breach of this Agreement unless the party in default fails to cure such default within thirt9 (30) days after the written notice of default has been served, except that failure to cure a default in the payment of rent shall constitute a breach of this Agreement if such default is not cured within five (5) days after written notice of default 10712194.2 '15- Nay 27, 199~ has been served. No party shall be in default of any required performance if delay in performance results from fire, flood, storm; war, act of God or other causes beyond the party's reasonable control. If any party breaches this Agreement, the other party shall be entitled to pursue every legal and equitable remedy available, including (but not limited to) the right to terminate this Agreement. The City, in addition to other remedies it may have, shall have the immediate right to reentry, and may remove all persons and property from the Property. The City may store such property at the cost of the Foundation. 37. DAMAGES. If a default is not fully cured by the defaulting party as provided in Section 39, the defaulting party shall be liable to the other party for any damages caused by such default, and the nondefaulting party may thereafter (but not before) commence an action for damages against the defaulting party with respect to such default. 38. SPECIFIC PERFORMANCE. If a default under this Agreement is not fully cured by the defaulting party, the nondefaulting party at its option may thereafter (but not before) commence an action for specific performance of this Agreement. 39. UNLAWFUL DETAINER. In the event of any breach of this Agreement by the Foundation, the City, in addition to any other rights or remedies it may have, may give the Foundation a three-day notice to cure the breach or quit the premises. If the Foundation fails to do either, the City may bring a statutory proceeding in unlawful detainer to regain possession of the Property. 40. TERMINATION. The City shall have the right to terminate this Agreement if the Foundation is in default of this Agreement, as defined in Paragraph36 hereof or if any of the following situations.exists: 1. The Museum is destroyed or substantially damaged to the extent that it would be, in the reasonable discretion of the City, economically unfeasible to repair. The Museum is substantially damaged or destroyed by any cause whatsoever, and there are not sufficient insurance proceeds available to repai~ or rebuild the Museum. The Foundation ceases to operate the Museum on regular basis· 1071219~.2 Nay 27, 1~4 -16- Should the Foundation be unable to perform its obligations pursuant to the Agreement, nothing shall prohibit the City from designating aNOther agent to perform those functions. 41. BINDING ON SUCCESSORS. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, assigns and legal representatives of the parties hereto. Nothing in this paragraph shall be construed as a consent by the City to any assignment of this Agreement or any interest therein by the Foundation except as provided in Paragraph 4 of this -Agreement. 42. NOTICES AND PAYMENTS. Whenever notices and payments are required to be given pursuant to the provisions of this Agreement, they shall be sent to the party, in writing and postage prepaid by registered mail, addressed as follows: To the City at: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attention: City Manager To the Foundation at: The Old Town Temecula Historical Museum Foundation, A California Non-Profit Public Benefit Corporation P.O. Box 792 Temecula, CA 92590 · Attention: Any party may change such address by written notice by registered mail to the other parties. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. 107121f4,2 '17- May 27, 1994 CITY OF TEMECULA, THE OLD TOWN TEMECULA HISTORICAL MUSEUM FOUNDATION a California Non-Profit Public Benefit Corporation By: RON ROBERTS Mayor ATTEST: By: JUNE S. GREEK City Clerk APPROVED AS TO FORM: By: PETER M. THORSON City Attorney 10712194.2 Nay Z7, 1W4 -18- EXEMPT RECORDING REQUESTED BY City of Temecula PER GOV'-T-CODE § 61'03'- AND WHEN RECORDED MAIL TO City of Temecula 43172 Business Park Drive Temecula, CA 92390 MAIL TAX STATEMENTS TO City of Temecula 43172 Business Park Drive Temecula, CA 92390 SPACE ABOVE THIS LINE FOR RECORDER'S USE CORPORA TION GRANT DEED The undersigned grantor declares: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SAM HICKS MONUMENT PARK FOUNDATION, a non-profit corporation, a corporation organized under the laws of the State of California, hereby grants to the CITY' OF TEMECULA, a body corporate and politic, the following described real property in the City of Temecula, County of Riverside, State of California: See Exhibit "A" attached hereto. This. conveyance is made subject to those covenants and restrictions contained in that certain Agreement, executed by t~ancv Maurice dated October 9 , 19 90, and recorded on Official Records of Riverside County, California and upon condition that said property be used solely and perpetually for historical, educational, public park and/or public recreational purposes. If said property is not used solely and perpetually for historical, educational, public park and/or public recreational purposes, then Grantor or its assigns, and successors, without paying any compensation for any buildings or other improvements or betterments that may then be upon said premises, and without making any compensation or incurring any liability for damages or losses Of any kind, shall have the power to terrainate all right, title, and interest in the property' gr.anted by this deed to Grantee and its successors and assigns, in the manner provided by law for the exercise of this power of termination, and shall thereupon have and enjoy forever all property granted by this deed, as if this -1- EXHIBIT A-1 conveyance had not been made. Grantee, its assigns or successors, shall thereupon immediately surrender possession of said property, and shall forfeit all rights thereto as required hereunder. Provided, however, that Grantor may not exercise this power to terminate unless, within ninety (90) days after the breach of the use restriction, written notice is given to the Grantee of the breach, and Grantee fails-to correct the breach within ninety (90) days after receiving notice of the breach of the use restriction. xecu d on April 9 , 19 91, at SAM ICKS NT PARK ,FOUNDATION statements as directed above. Temecula , California. ACKNOWLEDGMENT STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) On this 9th day of April , in the year 19 91 , before me, Susan W. Jones , a notary public, personally appeared Nancy Maurice , proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as president of the corporation therein named and acknowledged to me that the corporation executed it. Notary Public State of California My commission expires: November le , 19 94 OFFICIAL SEAL SUSAN W. JONES Notan/Publc-Collfotnla Novemb~ ~8, CONSENT The City of Temecula hereby consents to the grant of real property set forth above. City of Temecula By: Ron~J. Parks Mayor Attest: By: ju-Z,~- - ~, ne S. Greek City Clerk Approved As To Form: By: ~/~.~ Scott F Fiel/:l City Attorney -3- EXHIBIT In the City of Temecula, County of Riverside, State of California, descited as follows: That portion of Lot 6, and of the unnamed road in Block 2, as shown by Map of Subdivision of the Pauba Land and Water Company, in the County of Riverside, State of California, as shown by Map on file in Book 11, Page 507 of Maps, Records of San Diego County, California, described as follows: Beginning at the most westerly corner of Lot 32, Block 1, of the Town of Temecula as shown by Map on file in Book 15, Page 726 of Maps, Records of San Diego County, California; thence South ~.~. degrees 25'05= West, along the Northwesterly boundary of said town of Temecula, a distance of 141.45 feet to a point on the Northerly right of way line of an unnamed road (60 feet wide) as described in dedication and easement deed to the County of Riverside by deed recorded April 22, 1969 as Instrument No. 39504 of Official Records of Riverside County, California; thence Westerly continuing along said Northerly line being the arc of a tangent curve concave Northerly and having a radius of 375.78 feet through a central angle of 19 degrees 01'17", a distance of 124.75 feet; thence North 17 degrees 08'42" East, along the Easterly line of said unnamed road a distance of 290.87 feet; thence South 45 degrees 02'38" East, a distance of 271.16 feet to the point of beginning. RECORDING REQUESTED BY COMMOHWEALTH LAND TITLE ~~, ~. 92590 ~UeOH~No. 176437 ~owNo. 02308-H PARTNERSHIP GRANT DEED THE UNDERSIGNED GRANTOR(s) DF-.CLARE(s) rl , unincorporated area Parcel No, XX computed on fuU vtiue of property conveyed, C3 comWuted on full value less vslue of lJens or encumbrancos remaining at tile of sale. and '. FOR A VAI. UABLE CONSIDER. ATION, receipt oE which is hereby gcknowledgecl, TEI, tECULA HOTEL i~l~a California Limited Partnership hereby GRANT(S) to CITY OF TE~XCULA, a Municipal Corporation [hefollowlnfdescdbedrulpropertyinthe '7~/77~/'~ countyor RIVERSIDE ,staleofC4lKomb: PARCEL 2 OF PARCEL HAP 24038 AS SHOWN BY MAP RECORDED IN BOOK 171, PAGES 71 and 72 OF PARCEL'MAPS, RECORDS OF SAID' COUNTY TEItECULA HOTEL PARTNERS Dated June '15, 1992 a California Limitid Partnership pa.~tp ~,t ~e~ied ~e wl~!n ~stzument, and scknowiad8~d to me that such partnership executed the same. WITNESS my hind and official seal Signature %~4~ ~ · Ns~e(Typed or Printed) OFFICIAL SEAL NANL'Y LIN.',~' NOTARY PUBLIC - CALIFORNIA LOS NIQE!~ COUNTY ~ com~ e~IH~ $EP 14, (Spate above for official notaxial seal) MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MAlL AS DIRECTED ABOVE .( .~ // , \ ~{4~}* .' -- I Design ............................................$ 32,000 Church Restoration ........................... $ 84,000 Museum Construction ....................... $384,000 TOTAL .................$ 500.000 Dated: Mey 25, 1994 March 28, 1994 ..................... Schematic Design Proceeding April 25, 1994 ......................Schematic Design Complete May 2, 1994 ......................... Authorization for Design Development/Construction Documents. June 20, 1994 ......................Construction Documents Complete June 22, 1994 ......................Plan Check Submittal July 27, 1994 .......................Plan Check Complete August 1, 1994 .....................Authorization to Obtain Bids August 29, 1994 ................... Bids Received September 12, 1994 .............. Award of Contract September 14, 1994 ............ '..Begin Construction March 27, 1994 .................... Construction Complete Deed: May 25, 1994 EXHIBIT D .... SCHEDU~.R OF PERFORMANCE Execution of Agreement Agreement shall be authorized, executed and delivered by the Foundation to City. On or before June 1, 1994 Final Drawings and Plans The Foundation shall submit final drawings and plans to City for issuance of building permits for the Church and the Phase 1 Museum On or before September 1, 1994 Start of Construction The Foundation shall begin construction of the Phase 1 Museum and the Church. On or before January 1, 1995 Completion of Phase 1 The Foundation shall obtain a certificate of occupancy or final inspection for the Church and the Phase 1 Museum. On or before January 1, 1996 EXHIBIT E SCOPE OF DEVELOPMENT I. GENERAL DESCRIPTION The Property consists of two sites, one for Museum of approximately 22,900 square feet ("Site 1") and the second for the Church of approximately 1,200 square feet ("Site 2"). They are generally located within Sam Hicks Monument Park. The Foundation shall develop at least a 6,100 square foot Museum, an 1,S00 square foot plaza and a 1,000 square foot.outdoor interpretire center on Site and remodel St. Catherine's Church on Site 2. The Foundation may expand the Museum building to 22,900 square feet. The Foundation shall construct or cause the construction of the Museum building. Said building shall be constructed of masonry, concrete or concrete block, steel, or other such materials. Prefabricated metal panels or components shall not be utilized for exterior walls, unless specifically approved by the City. A. Architecture and Design. The Museum shall be of high architectural quality, and shall be effectively and aesthetically designed. The shape, scale of volume, exterior design and exterior finish of each building shall be visually an. physically related to and an enhancement of each other. B. Signs. Signs shall be limited in size, subdued and otherwise designed to contribute positively to the environment. Signs identifying the building use will be permitted, but their height, size, location, color, lighting and design will be subject to City approval and shall conform to the Temecula Municipal Code. .. ~ C. Building Setbacks Building setbacks shall be approved by the City andshall conform to the Temecula Municipal Code. D. Buil~in~ HeiGht zoning. Building Height shall not exceed that permitted by the applicable E. Access Drawing. Vehicular access shall be as shown on approval Basic Concept E-1 F. Loadinu Adequate loading and unloading space shall be provided as required by Temecula Municipal Code. Loading spaces visible from streets shall be landscaped or screened to prevent an unsightly or barren appearance. G. Screening All outdoor storage of materials or equipment shall be enclosed or screened by walls, landscaping or enclosure. to the extent and in the manner required by the City. H. Utilities Allutilities on the Property to serve the Museum and Church shall be underground or enclosed at Foundation's expense whenever physically and economically feasible, or when not feasible, all above- ground utilities shall be placed at the rear of the two Sites. I. Parking On site parking shall be as required by the Temecula Municipal Code. J. Painting All exterior painted walls shall be painted by the Foundation with a color(s) subject to City approval which approval shall not be unreasonably withheld if consistent with manufacturer's requirements. III. EASEMENTS The City shall grant and permit or cause the granting and permission of all necessary and appropriate easements and rights for the development of the Property, including but not limited to temporary construction easements and easements and rights of vehicular access, pedestrian access, parking, structural support, sanitary sewers, storm drains, water, electrical power, telephone, natural gas, as are necessary for and consistent with the develo'3ment as contemplated herein. E-2 IV. CONTROLS AND RESTRICTIONS - MISCELLANEOUS Controls and restrictions consistent with this Agreement including but not limited to minimum size parking spaces and minimum loading facilities shall be consistent with the Temecula Municipal Code. Ve IMPROVEMENTS, FACILITIES, UTILITIES, DEMOLITION, SITE/ACQUISITION PARCEL CLEARANCE, AND ON AND OFF SITE PARCEL WORK The Foundation shall provide or cause to be provided at its cost and expense, the improvements such as curbs and sidewalks, utilities. The description of such items in this Paragraph V is for the purpose of establishing general guidelines to assist the parties in the preparation of plans and specifications. The plans and specifications, when approved by the parties as provided in the Agreement, shall embody the work which is the obligation of the Foundation. All improvements to be constructed by the Foundation shall be constructed or installed in accordance with the technical specifications, standards and practices of the City and in accordance with approved plans and specifications. The Foundation's plans for such public improvements shall be submitted to the City for review and approval prior to advertising for bids. All such activities shall be completed in accordance with high architectural standards at a time and in a manner consistent with the Foundation's design and construction. E-3 ITEM NO. 24 CITY OF TEMECULA AGENDA REPORT APPRO~~ CITY ATTORNEY FINANCE OFFICERi CITY MANAGER ! TO: FROM: DATE: SUBJECT: City Manager/City Council Peter M. Thorson, City Attorney June 14, 1994 Consideration of Entertainment Licensing Ordinance RECOMMENDATION: That the City Council introduce and read by title only, an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.10, 'SPECIAL LICENSES--BARS, NIGHT CLUBS, DANCE HALLS, POOLROOMS, ETC.,' TO THE TEMECULA MUNICIPAL CODE DISCUSSION: The draft entertainment licensing ordinance addresses concerns expressed by the City Council of the need to have better controls over certain entertainment activities within the City. The draft ordinance defines the types of uses requiring a special license and requires that the users obtain zi license from the City prior to conducting business. The process to be utilized to obtain a license is that the operator would apply for license on an application form provided by the City. The application would be filed with the Chief of Police. The operator would also pay a fee as established by Resolution of the City Council sufficient to cover the processing costs of such license application. The license would then be valid for one'year if issued. Upon receipt of the application, the Chief of Police or designee would conduct an investigation. into the applicant and the operation. This investigation may involve a criminal background check which will require a separate enabling ordinance to effectuate. As the City Council has previously adopted another ordinance which requires background investigations, our office will prepare such an ordinance for your consideration in the near future. R:~Agendd:tpt~juereng I Agenda Report - Licensing Ordinance June 14, 1994 Page 2 Unless one of the causes to deny the license are found by the Chief of Police, the Chief will issue the license. However, if any of the following are found, the license is to be denied by the Chief: That the applicant does not fulfill the specific requirements for such license as set forth in this Chapter. That the applicant has made any false or misleading statement in his/her application. Ce That the licensed business has been operated in an illegal, improper, or disorderly manner. That the licensed business has been operated in a manner that is detrimental to the public health, public morals, or public order. The ordinance also requires that once the license is issued, that it be displayed in a prominent place at the business, that it is not transferable, and that separate licenses be obtained for each separate business and that duplicate licenses be obtained for same business conducted at more than one location. The ordinance also provides for the issuance of temporary permits to operate when the investigation period would pose a hardship to an applicant. In the event a business becomes a problem, there is a provision to suspend and revoke the 'license. The denial or revocation of the license is subject to appeal to the City Council. The draft ordinance also limits the hours of operation of such uses by prohibiting them from operating between 2:00 a.m. and 6:00 a.m. of any day. This prohibition of operation between those hours does not restrict the City Council or Planning Commission's authority in limiting the hours of operation for a particular business to more restrictive hours than set forth in this ordinance. Finally, certain conduct is prohibited within the ordinance such as being intoxicated, boisterous, or disorderly within any of the enumerated businesses and makes a violation of the provisions of the ordinance a misdemeanor which carries with it a potential jail term of six months, a fine of up to $1,000, or both such a fine and jail term. FISCAL IMPACT: The fiscal impact of the licensing program should be minimal as it provides within itself for cost recovery from the applicants. ATTACHMENTS: 1. The draft ordinance. R:~a, gendaRpt~Licemeg 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAFFER 9.10, *SPECIAL LICENSF, S--BARS, NIGHT CLUBS, DANCE HALLS, POOLROOMS, ETC.," TO THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES I-IF~R~RY ORDAIN AS FOLLOWS: Section 1. City Ordinance No. 90-04 adopted by reference certain portions of the non-codi~ed Riverside County Ordinances. On the effective date of this Ordinance, Riverside County Ordinance No. 366, adopted by reference by City Ordinance No. 90-04 relating to rcgula~on and licensing Public Dance Hails, Public Dances and Club Dances is hereby repealed. Section 2. Chapter 9.10, "Special Licenses -- Bars, Nightclubs, Dance Halls, Poolrooms, etc. ," is hereby added to the Temecula Municip~ Code to read as follows: "CHAPTER 9.10 SPECIAL LICENSES - BARS, NIGHTCLUBS, DANCE HALLS, POOLROOMS, ETC. Sections: 9.10.010 9.10.020 9.10.030 9.10.040 9.10.050 9.10.060 9.10.070 9.10.080 9.10.090 9.10.100 9.10.110 9.10.120 9.10.130 9.10.140 9.10.150 Definitions. License required. Multiple businesses. Chief of police. Applications. Fees. Duration. Standards for consideration of license. Investigation and issuance. License. Inspection. Display of license. Multiple licenses: duplicate licenses. License not transferable. Temporary permits. r:\ORD3\55 I 9.10.160 9.10.170 9.10.180 9.10.190 9.10.200 9.10.210 Revocation. Alt~als. Regufafi/3~s: Hours of dance hall, bars. and night clubs. Regulations: Disorderly conduct. Prohibited conduct. Applicability of regulations to existing business. 9.10.010 Definitions. A. 'Bar' means any established place of business upon which alcoholic beverages arc sold for consumption on the premises. B. 'Dance Hall' means any place open to the public where dancing is participated in, either as the main purpose of the establishment, or as incidental to some 9ther purpose, and to which premises the public is admitted, either with or without charge. C. 'Established place of business' means the place where any person, fn'm, or corporation conducts any retail or other establishment having a permanent address and being regularly open for business from day to day during ordinary business hours. D. 'Night Club' means any established place of business where amplified musical entertainment is offered. E. 'Poolroom' means any place open to the public where billiards, pool, or bagatelle is played, except a private house and except the rooms of a bona fide fraternal organization, where the general public is allowed to play therein, whether any compensation or reward is charged for the use of such tables or not. 9.10.020 License required. It shall be unlawful for any person, firm, or corporation to engage in, conduct, manage, or carry on any of the following businesses, practices, professions, or occupations within the area of the City of Temecula without first having obtained a license therefor in accordance with this Chapter: A. Bar; B. Dance Hall; C. Night Club; or, D. Poolroom. r:\ORJ3S%66 2 9.10,030 Multiple businesses. This Chapter shall apply to each and every business, trade, occupation, profession, or practice herfin enumerated and conducted in the City of Temecula, whether carried on individually or in conjunction with any other ac-~ivity. 9.10.040 Chief of police. All licenses issued pursuant to this Chapter shall be issued by the Chief of Police. 9.10.050 Applications. The Chief of Police shall receive all applications for licenses and shall provide such application forms as are necessary for the convenience of the public and the economic and efficient administration of this Chapter. 9.10.060 Fees. The City Council shall provide, by Resolution thereof, the amount of each fee to be charged for each application or license or both such application and license. 9.10,070 Duration. Each license shall be in effect for one year from the date on which it was issued. 9.10.080 Standards for consideration of license applications. The Chief of Police shall deny the application for a license if he/she makes any of the following findings: A. That the applicant does not fulfill the specific requirements for such license as set forth in this Chapter. B. That the applicant has made any fal. se or misleading statement in his/her application. C. That the licensed business has been operated in an illegal, improper, or disorderly manner. r:\ORDS\66 3 D. That the licensed business has been operated in a manner that is detrimental to the public health, public morals, or public order. 9.10.090 Investigation and issuance. Prior to issuing the license, the Chief of Police shall make such investigation as he/she deems necessary to determine whether the applicant meets the requirements and qualifications for such license, and shall thereafter either issue a license to the applicant or shall notify the applicant in writing that his/her application is denied. The Chief of Police may consult with and ask for a recommendation from any other City officer or department prior to the issuance of any license under this Chapter, and shall, at the request of any City officer or department, supply such officer or department with a copy of any such license or application therefor. 9.10.100 License. The license and each duplicate license shah contain the date of issuance, the date of expiration, a designation of the type of license it is, the location or locations of the licensed activity, the signature of the Chief of Police, and such other matters as are specified in this Chapter and as the issuing officer deems appropriate. 9.10.110 Inspection. Every applicant or licensee shall permit the Chief of Police access to any premises used in the conduct of the licensed business at all reasonable times, and to any records required to be maintained by this Chapter, and the Chief of Police shall make such inspections thereof as he/she deems necessary from time to time. 9.10.120 Display of license. Each licensee shall display his/her license or duplicate license in a prominent location in each licensed place of business; and each licensee shall display his/her license to any peace officer requesting to see it. 9.10.130 Multiple licenses; duplicat~ licenses. Any person carrying on or conducting more than one of the businesses for which a license is required under this Chapter shall obtain a license for each such business. Any r:~ORD$\66 4 person can'ying on a licensed activity at more than one place of business shall obtain a duplicate license for each place of business. 9.10.140 Licenses not transferable. No license issued under the terms of this Chapter shall be transferable, and no such license shall be displayed or used in conjunction with any activity other than the licensed business or by any person other than the licensee or Ms/her employee, nor at any location other than that indicated on the license and application. 9.10.150 Temporary permits. The Chief of Police may, in his/her discretion, upon the filing of an application for a license pursuant to this Chapter, issue one temporary permit to conduct the business described in the application for a period not to exceed sixty (60) days, if he/she finds that the inability to carry on such business because of the lack of a license would cause hardship to the applicant. 9.10.160 Revocation. When the Chief of Police has issued any license under the tens of this Chapter, the same may be revoked at any time thereafter by the Chief of Police ff he/she finds that: A. The conduct of the licensed business does not or will not comport with the public welfare; B. The business has been conducted in an illegal, improper, or disorderly manner, or in an manner substantially different from that described in the application; or, C. The business is being operated in a manner for which the license application could have been denied. 9.10.170 Appeals. A. Any person may appeal to the City Council the decision of the Chief of Police to deny an application for a license or a temporary permit, or to revoke a license. Said appeal shall be made by verified, written declaration to the City Council, received by the City Clerk within thirty (30) days of the Chief of Police's action. The City Council shall hold a hearing on such appeal. Notice of the time, date, and place of said hearing shall be mailed to the licensee or applicant at the address. given in the license application at least ten (10) days prior to the date of said hearing. For the purlx3se of said hearing, the City Council may appoint any qualified hearing officer to take evidence offered by the applicant and the Chief of Police concerning the denial or revocation and summarize the evidence presented r:\ORDS\66 5 and report his/her findings and recommendations based on such evidence to the Council, or the Council may itself take such evidence. B. The following rules of evidence shall apply at the hearing: 1. Oral evidence shall be ~ only on oath or Rffn'mation. 2. Each party shah have these rights: To call and examine wimesses, to introduce exhibits, to cross-examine opposing witnesses covered in the direct examination, to impeach any witnesses regardless of which pat~ first called him/her to testify, and rebut the evidence against him/her. ff the appellant does not testify, in his/her own behalf, he/she may be called and examined as ff under cross-examination. 3. The hearing need not be conducted according to technical roles relating to evidence and wimesses. Any relevant evidence shall be admitted if it is the son of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The roles of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. C. The Mayor shall, at the request of the Chief of Police or the appellant, or their attorneys, issue subpoenas or subpoenas duces teeurn to compel the attendance of witnesses and evidence at said hearing. D. The City Council shall determine, on all the evidence presented to it, or on the summary of evidence and findings of fact and recommendations of the person holding the hearing, whether said license or permit should be issued, or whether such revoked license should be reinstated and shall direct the Chief of' Police to act accordingly. 9.10.180 Regulations: Hours of dance hall. bars and ni~,ht clubs. It shall be unlawful for any person, association, or corporation to operate, participate in, or assist in operation of dance hall, bar, or night club between the hours of 2:00 a.m. and 6:00 a.m. of any day: 9.10.190 Regulations: Disorderly conduct. It shall be unlawful for any person in charge of or assisting in the conducting of any dance hall, bar, or night club to permit any intoxicated, boisterous, or disorderly person to enter, be or remain in, or to assist in any dance hall, bar, or night club, and it shall be r:\ORDS\66 6 " unlawful for any person in an intoxicated condition to enter or remain in any dance hall, bar, or night club for any reason to conduct himserf/herself in a boisterous or disorderly manner in such dance tiall, bar, or~ght club. 9.10.200 Prohibited conduct. Any person violating any provision of this Chapter shall be guilty of a misdemeanor and be punished in accordance with Sections 1.20.010 and 1.20.030 A of this Code. Revocation or suspension of a license issued under this Chapter shall not be a defense against prosecution. 9.10.210 Applicability of regulations to existing business. The provisions of this Chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective dates of the ordinance enacting this Chapter into law. All such persons and businesses shall have ninety (90) days from said effective date to comply with the provisions of this Chapter." Section 3. 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 4. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be posted as required by law. Section 5. 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. PASSED, APPROVED AND ADOPTED this __ day of , 1994.' ATTEST: Ron Roberts, Mayor June S. Greek, City Clerk [SEAL}] r:\ORD$%66 7 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF T~v/IECULA) ..... I, June S. Greek, City Clerk of the City of Temecula, 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 day of , 1994, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 199_, by the following vote, to wit: CO~C~~ERS: NOES: COUNCIL1WEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk r:\ORDSX66 8 ITEM 25 TO: FROM: DATE: SUBJECT: APPRO~,~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning June 14, 1994 Extension of Time for Variance No. 10 - a Fifty-Five (55) Foot High Freeway Oriented Sign for Creekside Texaco Prepared By: Matthew Fagan, Assistant Planner RECOMMENDATION: Provide Direction to Staff Regarding Variance No. 10 BACKGROUND The applicant filed an application on February 18, 1992 for a variance to allow a 10' increase in the maximum permitted height of a freeway oriented sign. Variance No. 10 was originally denied by the Planning Commission at their April 20, 1992 meeting. The request was for a fi.fty-five foot high sign. The applicant appealed this decision to the City Council through Appeal No. 25. The City Council upheld Appeal No. 25 and overturned the Planning Commission denial of Variance No. 10 at their June 9, 1992 meeting. The Variance was approved, subject to the following condition of approval: "The applicant agrees to enter into an agreement stipulating that if at the end of a two year period, the City Council does not grant an extension to this variance, the sign will automatically be reduced to a height of 45 feet at the owners expense." The two year period expires on June 9, 1994. The applicant submitted a letter to Staff dated May 11, 1994 (reference Attachment No. 1 ) requesting an extensioi~ of the variance "in order for his business to remain viable." Staff met with the applicant because of differences in interpreting the original City Council approval of Variance No. 10. An agreement that the applicant executed (see Attachment No. 2 for memorandum of agreement) stated that he waived his rights for an extension of time for the project. However, this stipulation of the agreement appears to conflict with the Conditions of Approval stated 'previously. The condition implies that the Council could consider an extension of time, which appears to conflict with the agreement. Because of the ambiguity relative to the extension issue, Staff decided that the Council needed to provide some direction to staff. R:\STAFFRPT\IOVAR.CC 5/31/94 kLb 1 Staff requests that the Council provide the direction with consideration of the options listed below: 1. The Council may approve Variance No. 10 with no additional requirement for extensions of time. The Council may provide the extension to Variance No. 10 at this time with a specified period of time. The applicant may have to apply for an extension of time for Variance No. 10, which would be heard by the Planning Commission and City Council. The applicant will need to re-apply for :a new variance regarding this project, which would be heard by the Planning Commission and City Council. FISCAL IMPACT NoRe. Attachments: 1. Letter to Staff dated May 11, 1994- Page 3 2. Memorandum of Agreement - Page 4 R:\STAFFRPT\IOVAR.CC 5/31/9~ ktb 2 ATTACHMENT NO. I LETTER TO STAFF DATED MAY 11, 1994 R:\STAFFRPT\10VAR.CC 5/31/g4 .ktb 3 May 11, 1994 ECI 3517 W. Common Wealth Ave. Fullef~0~, CA 92633 MAY 11 CiTY OF IEMECUL.4 City of Temecula, Planning Department ATTN: Mr. Gary Thornhill 43174 Business Park Drive Temecula, CA 92590 Subject: Creekside Texaco & Food Mart, Variance Extension for sign Dear Mr. Thornhill,. The City Council approved variance #10 for a 55 foot high sign subject to the following condition: "The applicant agrees to enter into an agreement stipulating that if at the end of a two year period, the City Council does not grant an extension to this variance the sign will be reduced to a height of 45 feet" i am requesting an extension of the variance in order for our business to remain viable. We have been quite fortunate to pump a large volume of fuel, which we believe is due to our freeway visible signage. Because of our volume, we receive a discount, which has been passed on to the citizens cf Temecula. it has also allowed us to make enough money to partlcipa=e in numerous local sponsorships and charitable causes. The cos= of fuel in Temecula is now lower than Sun City (even though we pay more for fuel than they do). The reason I mention Sun City, ls because many local residents use this as the location for "Best price" fuel purchases. Without the freeway visibility, we would pump much less fuel, which would put us on par with neighborhood gas stations such as those in Californian Oaks, a~ Costco Center and Target Center which are usually .03 to .09 cents higher per gallon. At present we are the highest volume Texaco West of the Mississippi and ninth in the nation of which there are 14,000 Texaco stations. With regard to further justification for continuing our variance, we are at a much lower elevation (aprox 15') than the properties on the east side of Front Street. .Common sense says that there should be an elevation differenceadSustment based on this factor. Please submit my request to the City Council. / Lau Kasilmere Creel:side Texaco ATTACHMENT NO. 2 MEMORANDUM OF AGREEMENT R:\STAFFRPT\IOVAR.CC 5/31/94 .klb 4 RECORDING REQUES~,D BY, AND WHEN RECORDED, MAIL TO: CITYOF~ 43174 B'Usiness Park Drive,. _._ Temecuh~ California 92590 WITH A COPY TO: (Space Above for Recorder's Use) MEMORANDUM OF AGR.EEMt2V~ This Agreement is entered inW as of the 6th day of July, 1992, by and between ECI CPropeny Owner') and the City of Temecula, a California municipal corporation (the *City*), with reference to the following facts: RECITALS WHEREAS, Property Owner is the owner of real property located at 29115 Front Street in the City of Temecula (the "Property") which is more particularly described in Exhibit "A" , attached hereto and made a part hereof; and WHERF~AS, on June 17, 1991, the City Council approved Conditional Use Permit No. 5 for gasoline station use, authorizing Property Owner to develop the Property in accordance therewith; and WHEREAS, Property Owner desires to erect and/or maintain an on-site pole sign in conjunction with the intended use of the Property; and WltF~REAS, under the terms of Section 19.4(a) of the Zoning Ordinance of the City of Temecula (which is .contained as Riverside County Ordinance No. 348, which the City adopted pursuant to City Ord'm. ance No. 90-4), on-site pole signs within the City are restricted to a height of 45 (45) feet or less; and WHEREAS, Property Owner has requested that the City Council grant a Variance from the terms of Section 19.3(a) to permit the erection and/or maintenance of an on-site pole sign up to 55 feet in height (the 'Sign') and S~FORMa~tlIIP. MORANDM.AGR WH~zREAS, the C.,y Council granted the height Variance ,,o. 10 for a two year period, terminating on June 9, 1994, to permit the Property Owner to establish his gasoline station bus~ness; ~, Property.Owner acknowledges that he is erecting and/or maintain the Sign at his own risk, and that the City is under no obligation to renew or extend the terms of the Agreement, nor to extend the time limitations of the Variance; NOW, T!:H~I~DRE, Property Owner and the City hereby agree as follows: 1. PURPOSE. The purpose of this Agreement is to assure (a) that Property Owner is given a height Variance for a specified period of time from the terms of Section 19.4(a) with' regard to the Sign, and Co) that Property Owner understands and acknowledges the terms and limitations of the height Variance, and the consequences of failure to adhere to the terms of this Agreement. 2. PROPERTY SUBJECT TO AGIzREMENT. The property which is the subject of this Agreement is described in Paragraph A of the recitals above. CITY PROCEEDINGS. Reference is made to Variance No. 10 approved by the City Council, for the Property on June 17, 1991, copies of which are on file at City Hall located at 43174 Business Park Drive, Temecula, CA 92590. 4. TIME LIMITATIONS. The Variance granted for the Sign is until June 9, 1994 ("Termination Dam"). On or before the Termination Date, Property Owner will bring the Sign into compliance with the terms of Section 19.4 of Ordinance No. 348 with regard to on-site pole signs. 5. WAIVER OF RIGHTS. Property Owner willingly and knowingly waives any and all rights he may have, now or in the future, including, but not limited to, constitutional and statutory rights under Federal and State Law, to seek an extension of the Variance. 6. WORK DONE BY CITY. Property Owner agrees that, if he fails to lower the sign by the Termination Date as set forth in this Agreement, the City shall give written notice, as provided in Section 9(b) hereof, of the deficiency to Property Owner. Property Owner shall have twenty (20) days after receipt of such notice to make the necessary correction. If the correction is not made within such twenty' (20) day period, the City may elect to take the steps necessary to remove the Sign from the Property. To do this, the City Shall serve a notice, as provided in Section.gCo) hereof, of its, intent to enter the Property for this purpose. The City shall give written notice, as provided in Section 9Co) hereof, at least fifteen (15) days in advance of the date when it intends to enter the Property. For this purpose, the City may enter upon the Property and perform such work as it, in its sole discretion, considers reasonably necessary and proper to remove the sign. The City may, in 'its sole discretion, act either through its own employees or through an independent contractor. SWORM,qXMI]MORANDM.AGR 7. CONSTRL _lION COSTS AS LIEN. If the CA,y incurs any costs, including, but not limited to, construction costs, administrative costs and attorneys' fees, including City Attorneys' fees, in removing the Sign from the Property and/or forcing compliance with the terms of Section 19.4, the City shall make demand upon Property Owner for payment. If Property OWn. .~ fails to pay ~ costs incurred by the City within thirty (30) days of the date demand is made, costs shall be a.~essed against the Property pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. 8. NOTICE OF INTENT TO SI~JJ. OR LEASE. When Property Owner inumds to sell or lease the property, he shall request the written consent of the City to allow the subsequent grantee to assume the.obligations under this agreement. The City shall have the right, in its sole discretion, of allowing the subsequent grantee to assume the obligations under this Agreement or of entering the Property and removing the Sign from the Property. 'Upon obtaining such written consent of the City, Property Owner shall file with the City a notice to that effect containing the name and address of the new owner and a copy of the deed. 9. I~SCELLANEOUS PROVISION. a. If any provision of this Agreement is adjudged invalid, the remaining provisions shall not be affected. b. Notice to Property Owner shall be considered to have been given after mailing, registered or certified, return receipt requested, to Property Owner's last known address, or as shown on the tax rolls. c. This writing contains a full, final, and exclusive statement of the Agreement of the parties. d. If there is more than one (1) signer of this Agreement as Property Owner, their obligations are joint and several. e. The obligations upon Property Owner signing this Agreement terminate as to it personally when it obtains the written consent of the City to convey its interest in the Property and ~es for record with the County Recorder a copy of assignment of this Agreement. In such a case the new owner takes title subject to the requirements of this Agreement. f. The Property Owner appoints the City as its attorney-in-fact to do all acts and things which the City considers necessary to bring the Sign and the Driveway into compliance with the. terms of the Code. g. ~o alteration, variation, or amendment of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be bi~ding on either of the parties hereW. h. Property Owner shall not assign this Agreement without the prior written consent of the City. Any attempt to assign without such consent shall be void and confer no rights on any third party. S~ORMS~iEMORAr~M,AOR By: ~ Name: Youis K~.~hmere Title: President By: Name: Title: CITY OF TEMECIIA, Y "~~"~rnhi]] Director of Planning STATE OF CALIFO~ COUNTY OF RIVERSIDE sS. On July 13, 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared Louis Kashmere personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that he executed the same in his authorized capacity. WITNESS my hand and official seal. Pubnc said State " JUNE S. gREEK · ~E COUNTY NOvemlDer 18. 1994 ~, S~FORMS~MEMORANDM.AGR STATE OF CALrFORNI~ COUNTY OF RIVERSIDE On JUl~ '13, 1992, t;et~;~e me, the undersigned, a Notary Public in and for said State, personally appeared Gary Thornhill personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instnnnent and acknowledged to me that he executed the same in his authorized capacity. WIFNESS my hand and official seal. Notary publc-C, allfomto My ~'nmlni~ F. xl~'m November 18, 1994 S~PORM~MEMORANDM,AOR ITEM NO. 26 CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Mary Jane McLarney, Finance Officer June 14, 1994 International Rectifier Owner Participation Agreement RECOMMENDATION: That the City Council adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND INTERNATIONAL RECTIFIER, A CALIFORNIA CORPORATION DISCUSSION: International Rectifier Corporation (IR) operates a high technology semiconductor manufacturing plant in Temecula. The plant currently employs an average of 643 people and began operating in Temecula in 1985. IR was founded in 1947 and operates additional manufacturing facilities in Tijuana, England, Italy and El Segundo, which is also their headquarters. IR currently produces 25% of the world market of MOSFET chips. Major customers include Ford Motor Corp., Delco Electronics Corp., Hewlett-Packard Co., IBM, General Electric and Matsushita Electronics Corp. Only 8% of the firm's gross sales relate to defense/aerospace sales. In order to position the company for the next major growth phase in the chip market and to maintain their market share, IR has planned a major expansion of their fabrication unit. This expansion will generate at least 150 new jobs at an average annual salary of $28,000. The building improvements and equipment required for the expansion will cost $66 million. The company has received multi-million dollar incentive offers from European countries. Because the Temecula plant could be modified to accommodate this expansion, the site was included in the company's site selection analysis. Although the Federal and State governments are unable to provide any business incentives comparable to the European nations, the City's Redevelopment Agency is able to reimburse all or a portion of the incremental growth in property tax paid by IR after the Low-Mod housing set-aside and "pass-through" payments to other governmental agencies. In order to compete with the sites Overseas, the City has offered a reimbursement of 50% of such amount for ten (1 O) years. The net increment to the City is estimated at $190,000 per year. Therefore, the reimbursement would amount to $95,000 per year. In the event that the minimum 150 jobs are not created the reimbursement will be adjusted based on the actual number of jobs created. A!so,jn the first year-the City would reimburse up to $100,O00 of City development fees from the new increment received. In addition to the City's incentives, the County of Riverside recognizes the value of this expansion and will issue a $25 million industrial development bond with a Section 108 HUD guarantee to reduce the cost of financing the facility. In connection with the guarantee, the City of Temecula and other cities participating in the County CDBG program will pledge their CDBG funds in the event of default by IR. Further, the annual tax increment will be pledged under the guarantee. The credit analysis for this portion of the transaction is being prepared · by the County and the agreements for the guarantee will be provided to the City Council at a later date. FISCAL IMPACT: New RDA tax increment of $190,000 per year will be generated, approximately $95,000 will be reimbursed to International Rectifier. ATTACHMENT: Resolution No. 94--- RESOIAH~ON NO. 94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGI~~ BY AND BETWEEN ~ CITY OF TEMECULA AND INTERNATIONAL RECIIFI ER, A CALII~I)RNIA CORPORATION The City Council of the City of Temecula does hereby determine, resolve, and order as follows: Section 1. Findings. The City Council of the City of Temecula hereby makes the following findings: A. International Recti~er (Owner) has proposed to construct an addition of 40,000 square feet to its existing building to be used for the manufacturing of semiconductors. B. The total cost of the building and equipment for the new facility should not be less than $66,000,000.00. C. Once fully equipped and operating, the facility will create a total of 150 new, full-time jobs consisting of 40 professional positions, 30 management positions and 80 skilled labor positions. The avenge annual salary will be $28,000 beginning in 1995. D. Construction and equipping of the Facility will result in an increase in the assessed value of the Site of not less than $66,000,000.00. This will result in a Net Tax Increment due the Temecula Redevelopmerit Agency, of not less than $190,000.00 per year. E. Owner was offered financial grants and inducements from foreign countries worth not less than $20,000,000.00 to locate the Facility outside the United States. In order to induce Owner to develop the Facility in the United States, specifically in the County of Riverside, City of Temecula, it is necessary that incentives be offered Owner at a Federal, County and local level. F. In order to induce Owner to locate the Facility in Temecula, the following steps will be taken: 1. The County of Riverside will sell Industrial Development Bonds in the mount of not less than $25,000,000.00, the proceeds of which will be loaned to Owner to construct the Facility (hereinafter referred to as ihe "Bonds"). priority: Security for the Bonds will be provided according to the following a. Owner will provide reasonably appropriate security for the Bonds, as determined purs_ua~_t__to a seIEr'ate agreement between the Owner and the County of Riverside." b. The County will use the Section 108 Loan Guarantee Program of the United States Department of Housing and Urban Development to guarantee the Bonds. c. The City will agree to pledge its annual allocation of CDBG funds in its entirety to the County of Riverside in the event Owner is in default on the debt service on the bonds, and until such time that such default is remedied. Such allocation of CDBG funds shall be committal until all County CDBG funds ufli:,ai for debt service on the Bonds are x~id. d. The Redevelopment Agency of the City of Temecula (Agency) and the County of Riverside will enter into an agreement transferring to the County property tax increment from Site not previously obligated by the Agency. Such transfer shall begin upon a default on Bonds and continue until such default is remedied and all CDBG funds u'Ulized for debt service on the Bonds are repaid. 3. The Agency will reimburse Owner fifty percent (50%) of the Property Tax Increment resulting from the proposed construction and equipping of an expansion to the International Recti~er Facility located at 4 1915 Business Park Drive. The reimbursement shall be exclusive of the pass through of tax- increment revenue to local agencies and the set-aside for the low to moderate income housing fund as required pursuant to Health and Safety Code Sections 33401 and 33334.2, respectively. The period of the reimbursement of the property tax increment will be for ten years, and is contingent upon the creation and maintenance of 150 new jobs. Failure to meet this job quota will result in a reduction of this reimbursement. 4. The Agency will reimburse Owner all City land use, grading and permit fees for approval of the Facility, up to a maximum of $100,000. This reimbursement will be paid exclusively from the first year of the Property Tax Increment reimbursement set forth in Section 3 above. 5. The City will 'expedite' all City building and permit applications. Based upon thi above findings, the City of Temecula hereby approves the Owner Participation Agreement by and between the Redevelopment Agency of the City of Temecula, the City of Temecula and International Recti~er, a California Corporation. PASSED, APPROV!~ AND ADOFrED, by the City Council of the City of Temecula at a __regular m.eet~n_g__on the 14th day of June 1994. ATI~T: June S. Greek STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF TEMECULA) Ronald H. Robert,s, Mayor I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 94-__ 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 June, 1994, by the following vote: AYES: NOES: ABSTAIN: COUNCILNIEM~ERS: COLrNCILIVIEMBERS: COUNCILlVm-MBERS: COUNCILNfF~MBERS: June S. Greek City Clerk ITEM NO. 27 CITY NANAGER , ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tim D. Sadat, Director of Public Works/City Engineer DATE: June 14, 1994 SUBJECT: ' Financing and Construction Agreement Regarding the Widening of Margarita Road between Rancho California Road and La Serena Way RECOMMENDATION: That the City Council: Approve the attached agreement with Margarita Village Retirement Community, Inc. providing for the financing and construction of the east side of Margarita Road between Rancho California Road and La Serena Way to ultimate width, and authorize the Mayor to execute the attached agreement. e Appropriate $168,517in the Margarita Road Reimbursement District Fund Account No. 220-165-610-5804. e Approve a $168,517 advance from the Development Impact Fund to the Margarita Road Reimbursement District Fund. BACKGROUND: Vesting Tract Map No. 23371, Amendment No. 1, was conditionally approved by the County of Riverside to complete the widening of the east side of Margarita Road between Rancho California and La Serena Way prior to the issuance of a Certificate of Occupancy for the first residential unit. In an. effort to expedite the construction of this primary transportation link, the City Council directed staff to negotiate with the owners of Vesting Tract Map No. 23371 for the installation of these street improvements at the earliest possible time. As a result of this negotiation, in exchange for constructin~! Margarita Road immediately, the City of Temecula will advance the cost of the construction to Margarita Village Retirement Community, Inc., the owners of the property. The anticipated cost of construction, up to a maximum amount of $168,516.13, will then be reimbursed to the City through a surcharge of approximately $210.65 on the first 800 building permits issued within Tract No. 23371. Funds will be disbursed to Margarita Village Retirement Community, Inc. based on construction invoices and the final surcharge amount will be based on the final construction cost. r:\agdrpt~,94\0614%mwci .egrlejp The project wi~ be constru~te'd as a typical subdivision improvement with the same bonding, insurance and inspection requirements of all land development projects, FISCAL IMPACT: This project will require an appropriation in the Margarita Road Reimbursement District Fund in the amount of $168,517and an advance from the Development Impact Fund for the same amount. This new fund will enable the City to better track the reimbursements received for this project. Attachment: Murrieta Village Retirement Community, Inc. Agreement r:\agdrpt~94~0614~mwci.agrlajp Recording Requested By: CITY OF TEMFL'ULA When Recorded Remm To: C1TY OF TEMECULA 43174 Business Park Drive Temecula, CA 92~90 Attention: City Clerk FINANCING AND CONSTRUCTION AGREEMENT REGARDING WIDENING OF MARGAR1TA ROAD This Agreement is entered into as of this 14th day of June, 1994, by and between the City of Temecula ("CITY") and Margarita Village Retirement Community Inc., ("MVRCI") a California Corporation. This Agreement is entered into with respect to the following facts. RECITALS R-1 Margarita Vilhge Development Company, a California Limited Partnership obtained approval of the following final and tentative tract maps: (a) Vesting Tentative Tract Map No. 23371, Amendment No. 1, approved on November 8, 1988, by the County of Riverside. Co) Phase 1 of Tract Map No. 23371, recorded on April 5, 1990, pursuant to approval granted by the City of Temecula, on March 27, 1990. Ro2 Through a foreclosure sale, the deed from which was recorded on October 26, 1993, MVRCI acquire~ the title to VTTM 233~/1, Amendment No. 1. MVRCI owns the property as described in Exhibit "A" attached hereto and incorporated herein (which real property is hereinafter referred to as the "Property"). R-3 As of the date of this Agreement, Margarita Road is fifty-five (55) feet wide (exclusive of curb, gutter and sidewalk) from La Serena Way to Rancho California Road, as shown on Exhibit B, attached hereto. R-4 V'Ff/V[ 23371, Amendment No. 1, is subject to condition that the ultimate road improvements to Margarita Road be constructed from La Serena Way to Rancho California Road (the "Margarita Road Widening"), .including curb, gutter, asphalt, base sidewalk, roadway striping, public utilities and street lights as shown on the improvement plans and the attached Exhibit "C". 1 r,~mluils~:lrv!~-Lslrlaj~ R-5 VTTM 23371, Amendment No. 1, requires that the Margarita Road Widening be completed prior to the issuance of the Certificate of Occupancy for the first Residential Unit. The parties adiowledge and agree that under VTTM 23371, Amendment No. 1, lVlVRCI has no immediate obligation to construct the Margarita Road Widening. R-6 The City Council of the City of Temecula fin& that there is an immediate need to complete the Margarita Road Widening. Margarita Road exists as two (2) southbound and one (1) northbound lanes wide from Rancho California Road to La Serena Way. This limited width of roadway creates traffic congestion, inca'eased driving time, and increased air pollution. Consequently, the City Council finds that advancing monies to MVRCI to advance construction of the Margarita Road Widening serves the public health, safety and welfare. AGI~EMENT In consideration of the foregoing and the mutual promises and covenants contained herein, the parties agree as follows: 1. MVRCI shall use reasonable diligence to cause the Margarita Road Widening to be constructed as soon as is reasonably practicable. 2. MVRCI has full responsibility for securing all easements and right-of-ways for the construction of the Margarita Road Widening. 3. MVRCI shall solicit three (3) bids for the construction of the Margarita Road Widening. MVRCI shall award contracts for the Margarita Road Facilities. Copies of the bids will be forwarded to the City Engineer. The Margarita Road Widening shall be constructed by a contractor or contractors licensed by the State of California (the "Contractor'). The Contractor shall be required to provide faithful performance, labor and materials bonds, and warranty bonds as required for subdivision improvements. The Contractor shall name both the City and MVRCI and their employees, officers, directors, agents and consultants thereof as additional insureds under a comprehensive general liability insurance policy with coverage broad enough to include contractual obligations'under such construction contract in an amount not less than one million dollars ($1,000,000) per occurrence. The bid and contract documents shall include the bond and insurance requirements as set forth by mutual agreement between the City and MVRCI at the time of advertising for bids, and said requirements shall not be less than those stated above. Prior to the aivard of any contract for the Margarita Road Widening, lVlVRCI shall confirm that there are sufficient funds appropriated by the City Council to cover the award of the bid for the Margarita Road Widening. No .award of a contract for the Margarita Road Widening shall be made unless City funds ani appropriated to cover the contract award, including a contingency amount equal to ten percent (10%) of the contract price and all costs for inspecting said contract. Failure by the lVlVRCI to seem approval as to the availability of funds prior to the award of a contract will result in the City not honoring any Payment Request Forms submitted for said contract until the City can determine that funds are available. Exhibit *D' provides an estimated budget for the construction of Margarita Road Widening. This budget has been prepared by engineers retained by MVRCI, and City staff and it is the responsibility of ~'Cl to function within the dollar amount set forth in Exhibit *D'. 4. MVRCI shall administer the construction contracts awarded for the lVlargarita Road Widening. Inspection of the Margarita Road Widening during consU'uction shall be the responsibility of the City. MVRCI shall pay all City permit and inspection fees. MVRCI shall obtain soils inspections and submit soils reports as required for subdivision improvements. 5. No change order may be approved by MVRCI with regard to the Margarita Road Widening without receiving confirmation from the City Engineer that there are sufficient appropriated funds for such purposes. The MVRCI may approve change orders in a cumulative total amount of three percent (3 % ) of the contract price of the Margarita Road Widening without receiv'.mg prior confirmation from the City Engineer of the availability of funds. 6. MVRCI shall prepare and execute a Notice of Completion as to the Margarita Road Widening, record said Notice with the Office of the Recorder of the County of Riverside, State of California, and cause the Contractor and all subcontractors to provide lien and material releases with respect thereto. MVRCI shall provide copies of each said Notice and all releases to the City. 7. Upon completion of construction, lVlVRCI shall offer for dedication to the City the Margarita Road Widening free and clear of all liens and encumbrances. The City shall immediately accept and maintain the Margarita Road Widening. Ten percent (10%) warranty bond shall remain in effect for twelve (12) months following acceptance of roadway. 8. City shall advance MVRCI its reasonable costs and expenses in connection with the construction of the Margarita Road Widening up to a maximum of $168,516.13 (the "Advance"). Upon monthly submission by lVlVRCI, of a Payment Request Form with supporting invoices to the City, monies will be advanced to MVRCI in the amounts specified to pay for the construction costs, inspection fees, encroachment fees and utility deposits actually incurred and paid by MVRCI for the Margarita Road Widening. No money shall be advanced to MVRCI for its administrative costs incurred in reviewing and approving the plans, specifications and bid documents. City shall advance monies within fifteen (15) days of receipt of a valid Payment Request Form. 9. City shall impose, and MVRCI agrees to the imposition of, an additional building permit fee of approximately $210.65 per residential dwelling unit within the Property (the "Fee"). The Final Fee will be computed by dividing the actual cost advance by the first 800 residential building permits within the Property as of the date of this Agreement. Said Fee shall be imposed against first 800 residential building pi,'rmits within the Property described on Exhibit "A' and the payment on 800 units shall fully repay the advance. Said fee shall not be imposed against use or occupancy of the golf course facilities. 10. Until the roadway is accepted MVRCI shall assume the defense' of, indemnify, and hold harmless the City and its respective officers, employees, agents, and consultants, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or placed, by reason of, or resulting from, (i) the actions of MVRCI pursuant to this Agreement and (ii) the design and conslxuction of the Margaxita Road Widening as shown on Exhibit *C* ; provided that nothing in this paragraph shall limit, in any manner, the City's rights against any of MVRCI's contractors, architects or engineers. No provision of this Agreement shall in any way limit the extent of the responsibility of MVRCI for payment of damages resulting from its own operations, including but not limited to design liability for Margarita Road Widening, or the operations of any of its contractors, agents or employees. The City shall assume the defense of, protect, indemnify, and hold harmless MVRCI and its resp~tive officers, employees, agents, and consultants and each and every one of them, from and against all actions, damages, claims, losses, liabilities and expenses of every type and description to which they may be subjected or placed, by reason of, or resulting from, the actions of the City taken in the performance Of this Agreement. This indemnification shall expire upon acceptance of roadway improvements for maintenance by the City. No provision of this Agreement shall in any way limit the extent of the responsibility of the City for the payment of damages resulting from its own operations or the operations of any of its contractors, agents or employees. 11. Any notice given hereunder shall be deemed effective (i) on receipt by received personal delivery; (ii) one business day after being sent by a recognized overnight mail delivery service; or Ctii) two business days after being deposited in the U.S. mail, first class postage prepared, certified, remm receipt requested. Notices shall be sent addressed as follows: City: City of Temecula 43174 Business Park Drive Temecula, California 92590 Attention: City Clerk MVRCI: Margarita Village Retirement Community, Inc. c/o Kemper Real Estate Development Company 27555 Ynez Road, Suite 200 Temecula, California 92591 Attention: Dennis Chiniaeff Any party may change its address for Receipt of Notice by giving written notice to all other parties. 12. This Agreement and any amendment shall be recorded with the County Recorder of Riverside County. All parties or their successors in interest agreed to execute a termination of this Agreement in recordable form upon the completion of the obligations of MVRCI hereunder. Upon completion of construction 'both parties agree to execute a Notice of Completion and record it with the County Recorder. 13. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings, or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. 14. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the Stat~ of California. This Agreement shall be construed as 'a' whole ac~rd~g to its fair language and common meaning to achieve the objectives and purpose~ of the partes hexeto. The nile of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 15. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitude and constitutes covenants running with the land. 16. This Agreement my be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 17. For purposes of sales of improved lots to consumerS, this Agreement, if recorded, shall be deemed terminated as to individual lots upon the issuance of a building permit by City for a structure on said lot. 19. Should it become necessary for any party to bring legal action to enforce any provision of this Agreement, then the prevailing party in such action shall be entitled to recover all attomey's fees and court costs reasonably incurred thereby. IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year set first forth above. CITY OF TEMECULA APPROVED AS TO FORM: Ron Roberts, Mayor Peter Thorson, City Attorney ATTEST: June S. Greek, City Clerk MARGARITA VILLAGE RETI~PM~-NT CO~, INC. By: STATE OF CALIFORNIA) ) COUNTY OF RIVERSIDE) On before me, the undersigned, A Notary Public in and for the State of California, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature PLEASE ACKNOWLEDGE BEFORE A NOTARY PUBLIC EXHIBrF Those parcels within the City of Temecula, County of Riverside, State of California, described as follows: Parcels I through 5 inclusive of Parcel Map 21884, County of Riverside, State of California, as per map recorded in Book 144, pages 23 through 33 inclusive of Parcel Maps, and re-recorded as Amended Parcel Map 21884 recorded in Book 152, pages 22 through 31 inclusive of Parcel Maps, both in the Office of the County Recorder of said County. Said Parcels 1, 3, and 5 have been re-subdivided in part as follows: Tract 23371-1 Recorded April 5, 1990 in MB 216, Pages 8-18 Incl. Tract 23371-2 Tract 23371-3 Tract 23371-4 Tract 23371-5 Recorded June 11, 1990 in MB 219, Pages 18-25 Incl. Recorded August 7, 1990 in MB 222, Pages 99-113 Incl. Recorded August 7, 1990 in MB 223, Pages 1-9 lncl. Recorded September 10, 1990 in MB 224, Pages 50-56 Incl. The land described in this legal description therefore includes all of Parcels 2 and 4, the residual portions of Parcels 1, 3, and 5 (all in Amended Parcel Map 21884); and those portions of Parcels 1, 3, and 5 recorded as Tracts 23371-1 through 5 inclusive. 3470 ~. D~, ITE ~A-lO0 ~-~ (heroin calied t~ee), and ~he Gran~ee heroinafter ~d. . i ' : I ~ x s o~ 'E- . o ~ ~ k ~X' ' j"":~:"'~ .' Sd!d deed of t~st des:ribes the following: ~. ~ermaa, the ab~e n~ed t~stor did, by the that deed referred to above, grant ~d r co~,ey ~o the ~ntae n~ed ~harei.n, ~s property heretofore descr ed ~o sacura, u~ o*~my obli a~io~, pa~n~ of a no:s or note- wl~ ln~rms~ accordin~ - ~srms ~rso[ an~ ~ara.~c, the holdtr of said no~e did execute and deliver C ~aa ~'r~ - .~ w1~sn daclmrx~i~n of de~qult and demand for sale and ~o~ics o~ default and election , to cause ~be ~arsi ad to sell said proper~ ~hich no~ica was of th* recorder of Riverside coyly; .] ~ereaf~er, a No=ice af Tme~ej*l--Sals, s~etins thee lard Tms~ee would ~,11 described prepstry at public auction ~e~he hlZhsst bidder for cash on ' :' . Oo"ob "20 $=~3 at t · Main Street entrance to the Count~ Courthouse, 4O~O " 1.. , , ..- ':.. : ~J .w. -- ~ ·; *~,T ' '~'~'"~ ~ · ~ ' ' ' . : . ~IBIT 'A" .. 05/11/94 07:42 FAX 714 609 0805 FATC0 TEMECULA ~003 ~, ~ V ' b a before ~ ~te or solo ~horeLe ~ :~' ~ a~ ~oee ~o ~ra oncLCXed ~o gpecLa~ No~ice of said gale ps In said section ', ~ . ,~, '~.-- pr~tbd; and ' '. ' · ' . ~ ';:' · ~ereas, m1% appXteable sta~ pr~tsi~s d the s~mte of Caltfo~ia mud mIX o~ '. ' ~ ... In ~i~ness ~ereof, ~hm ~ders~Bned ca~d its corporm~m ~me m~ seal ~o be herea~t6 ' ~N HERKEL, ASSIST~ SECRETARY C~ OF pe~lo~ty appoare~ ~E~ IM~EGE~ & F~EN ~E~EL "' ' ~',~'~ .... EXHIBIT EXHIBIT 'D* Margarita Rbad ImproVements Between Rancho California Road and La Serena Way ITEM OF WORK F_,STIMAT~,n COSTS Construction Staking Soils Engineering Street Improvements (Curb & Gutter, Paving,. Sidewalk, Drive, Etc.) Street Light Trenching, Etc. Southern California Edison Deposits $ 4,900.00 SUBTOTAL 1095 CONTINGENCY PERMIT/INSPECTION FEES TOTAL 11,000.00 108,095.21 13,246.00 9,902.54 147,143.75 14,714.38 6,658.00 168,516.13 7 ITEM 28 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Mayor Ron Roberrs and Councilmember Sal Mu~oz June 14, 1994 City Manager's Contract RECOMMENDATION: It is recommended that the' City Council approve the City Manager's employment contract and authorize the Mayor and City Clerk to execute the agreement. STAFF REPORT: On May 24, 1994 the City Council offered the position of City Manager for the City of Temecula to Ronald E. Bradley. Mr. Bradley has accepted the position at a current salary of $103,860. In addition, a City Council negotiating committee, comprised of Mayor Roberts and Councilmember Mu~oz, negotiated the terms of Mr. Bradley's employment contract. The results of these negotiations are contained in the attached contract, which is presented for your review and consideration. EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this day of __, 1994, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City," and Ronald E. Bradley, an individual, hereinafter referred to as "Employee." WITNESSETH: WHEREAS, it is the desire of the City Council of City to retain the services of Employee as City Manager; and WHEREAS, it is the desire of the City Council of City to provide certain benefits, establish certain conditions of employment, and to set certain working conditions of Employee; and WHEREAS, it is the desire of the City Council of City to: (1) provide inducement for Employee to remain in City's employment; (2) make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security; and (3) provide an equitable means for terminating Employee's services; NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and conditions contained herein, the parties hereto agree as follows: 1. DUTIES: City hereby agrees to employ Employee as City Manager of the City of Temecula to perform the functions and duties specified in the Municipal Code, and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. 2. TERM: A. Employee is an at-will employee serving at the pleasure of the City Council subject to the terms of this Agreement. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of Employee at any time, for any lawful reason, subject only to the provisions set forth in Section 3, paragraphs A and B of this Agreement. Termination shall require a three-fifths (3/5) vote of the City Council. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to resign at any time from his position with City, subject only to the provisions set forth in Section 3, paragraph C of this Agreement. C. Notwithstanding the above, it is also understood and agreed that the Employee shall be retained a minimum of six (6) months following any municipal election, thereby allowing the new City Council adequate time to assess the Employee's performance. If Employee is to be terminated at the end of the six (6) month period following an election, the provisions of Section 3, paragraph A shall apply effective at the end of the six (6) month period. D. This Agreement shall remain in effect until terminated by either party in the manner hereinafter provided. Employee agrees to remain in the exclusive employment of City for a minimum period to and including July 1, 1997, and shall not accept other employment nor to become employed by any other employer prior to that date except as provided in Section 3, paragraph C of this Agreement. Notwithstanding the foregoing provisions, Employee shall be permitted to instruct, write, teach, and lecture on Employee's time off. 3. TERMINATION AND SEVERANCE PAY: A. City shall give six (6) months' prior written notice of termination to Employee. B. In the event Employee is terminated by City, City agrees' to pay Employee a terminating cash payment equal to six (6) months of Employee's base monthly 2 salary. In the event Employee is terminated because of his conviction of a felony or the filing of criminal charge against him alleging a felony which subsequently results in his conviction of a felony (including a plea of nolo contendere thereto), then, in that event, City shall not be obligated to pay the terminating cash payment designated in this paragraph. If Employee is terminated by City following the filing of such charges, and pending a final judgment thereon 'or disposition thereof, City shall deposit said severance pay in an interest bearing trust account in a bank doing business in the City of Temecula. Said terminating cash payment including interest, if any, shall be considered part of Employee's termination pay and may be taken by Employee, at his option, (1) upon the date of termination, (2) as a lump sum on January I of the year following termination, or (3) in a number of equal monthly payments not to exceed the number of months provided in Paragraph A above beginning on the date of termination. City agrees to keep in full force and effect and pay premiums of all of Employee's health and life insurance plans until all termination payments are made. C. In the event Employee voluntarily resigns his position as City Manager, he shall give City at least sixty (60) days' prior written notice of his intention to resign. Employee may solicit other employment at any time after giving or receiving written notice of termination or after July 1, 1997. D. In the event City, at any time during the term of this Agreement, reduces Employee's salary or any other financial benefits in a greater percentage than an applicable a cross-the-board reduction for executive management employees of City, or fails to increase Employee's salary or any other, financial benefits consistent with increases granted executive management employees, or in the event City refuses, following written notice, to comply with any other provision benefiting Employee herein, or Employee resigns following a suggestion, whether formal or informal, by the City Council that he resign, 3 then, in that event, Employee may, at his option, be deemed to be "terminated" effective as of the date of such resignation or reduction. 4. SALARY: City agrees to pay Employee a base salary of ~103,870.00as set forth in the City salary resolution, salary additives, and benefits for his services rendered pursuant. hereto in installments at the same time as other employees of the City are paid. In addition, City agrees to increase Employee's base salary and/or other benefits in such amounts and to such extent as the City Council may determine desirable on the basis of an annual salary review of the City Manager made at the same time as similar consideration is given other executive management employees generally. 5. PERFORMANCE EVALUATION: A. The City Council shall review and evaluate the performance of Employee annually, after adoption of the annual operating budget. Said review and evaluation shall be in accordance with specific criteria developed jointly by the City Council and Employee. Said criteria may be added to or deleted from as the City Council may from time to time determine after consultation with Employee. The Mayor shall provide Employee with a summary written statement of the findings of the City Council and provide an adequate opportunity for Employee to discuss his evaluation with the City Council. B. Annually, the City Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of City, and in the attainment of the City Council's poli.cy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. 4 6. HOURS OF WORK: It is recognized that Employee must devote a great deal of time outside the normal office hours to business of City and, to that end, he shall be allowed to take compensatory time off as he shall deem appropriate during said normal office hours. 7. AUTOMOBILE: Employee's duties require that he shall have the exclusive and unrestricted use of an automobile at all times during his employment with City. City shall be responsible for paying for all liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and regular replacement of said automobile. Employee shall be allowed unrestricted personal and professional use of said automobile, not including vacations. 8. SICK LEAVE, HOLIDAYS, VACATION, LEAVE WITHOUT PAY, BEREAVEMENT LEAVE, AND ADMINISTRATIVE LEAVE: A. Employee shall be credited with one hundred thirty-two (132) hours of combined sick and vacation leave effective May 28, 1994. B. Employee shall be entitled to accrue, and have credited to his personal account, vacation and sick leave at the same rate as executive management employees of City with ten (10) plus years seniority. C. Employee shall be entitled to holidays, leave without pay, and bereavement leave on the same basis as executive management employees of City. D. Employee will be credited with eighty (80) hours of administrative leave on July I st of each year. Unused administrative leave balances may be paid in cash semi-annually in June and December at Employee's option. 9. DISABILITY, HEALTH AND LIFE INSURANCE: City agrees to provide Employee and his dependents with, and make required payments for, all insured and city-funded benefits provided to current executive management employees, including, but not limited to life, accident, medical, and disability plans. Employee agrees to make payments for these benefits in the same amounts as executive management employees. 10. ANNUAL PHYSICAL: City agrees to provide, at City expense, an annual physical to Employee by a physician of his choice. Said physical shall be at least as extensive as that required of executive management employees. Employee agrees to share results of said physical examination with the City Council at their request. 11. RETIREMENT, DEFERRED COMPENSATION, AND MANAGEMENT PACKAGE: A. City agrees that Employee shall be granted the same "management package" as that offered to City's executive management employees. B. City agrees to contribute all of the City's and Employee's shares to maintain employee as a member of the Public Employees' Retirement System. C. City shall deduct $312.50 from Employee's salary for each pay period for Employee's contribution to a deferred compensation plan of his choice, pursuant to Government Code Section 19993. D. The City and Employee acknowledge the desirability of employee's relocation to the City of Temecula. In order to secure Employee's relocation, the City will reimburse Employee for moving and relocation .expenses in an amount not to exceed $4,000. Such costs include, but are not limited to, real estate fees, escrow fees, title insurance, and moving company fees. In addition, City will reimburse employee for loan fees or "points" necessary for employee to secure 8 conventional home loan from 8 commercial lender for a seven percent (7%) thirty (30) year home loan. E. City agrees to pay employee a salary additive of seven and 22/100 percent (7.22%) of his base salary. Such payment shall be earned biweekly beginning May 28, 1994 and paid annually to Employee on the first pay period in January, beginning in January 1995. 12. OFFICIAL AND PROFESSIONAL DEVELOPMENT EXPENSES: A. City agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of City. B. City agrees to budget and to pay for the travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for City, including, but not limited to the Annual Conference of the International City/County Management Association (ICMA), the League of California Cities, and such other national, regional, state, and local government groups and committees thereof which employee serves as a member. Co City agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for his professional development and for the good of City. 13. INDEMNIFICATION: City shall defend, hold harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of 7 Employee's duties in accordance with the provisions of California Government Code 825. City may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered therefrom. 14. BONDING: City shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance. 15. OTHER TERMS AND CONDITIONS OF EMPLOYMENT: A. The City Council, in consultation with Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Municipal Code, or any other law. B. All provisions of the Municipal Code, and regulations and rules of City relating to vacation and sick leave, retirement and pension system contributions, holidays, and other fringe benefits and working conditions as they now exist of hereafter may be amended, also shall apply to Employee as they would to executive management employees of City in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. C. Such other benefits as the City Council may authorize in the future will be amended to this Agreement. 16. NO REDUCTION OF BENEFITS: City shall not at any time during .the term of this Agreement reduce the base salary, compensation, or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all executive management employees of City without subjecting such action to be deemed a termination at Employee's option. 8 17. NOTICES: Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given and deemed served upon the other party if sent by United States Postal Service, postage prepaid, and addressed as follows: TO CITY: TO EMPLOYEE: City Clerk City of Temecula 43174 Business Park Drive Temecula, CA 92590 Ronald E. Bradley City of Temecula 43174 BusineSs Park Drive Temecula, CA 92590 Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. 18. parties. GENERAL PROVISIONS: A. The text herein shall constitute the entire Agreement between the B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee with respect to salary benefits or other payments due employee at the time of death. C. This Agreement shall become effective upon execution; provided, however, that all financial provisions shall be retroactive to May 28, 1994. D. Employee acknowledges that he has had the opportunity and has conducted an independent review of the financial and legal effects of this Agreement. Employee acknowledges that he has made an i,ndependent judgment upon the financial and legal effects of this Agreement and has not relied upon any representations of the City, its officers, agents, or employees other than those expressly set forth herein. 9 E. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, City has caused this Agreement to be signed and duly executed on its behalf by its Mayor, and duly attested by its City Clerk, and Employee has signed and executed this Agreement, in triplicate, the day and year first above written. CITY OF TEMECULA, a municipal corporation By ATTEST: Mayor City Clerk APPROVED AS TO FORM: Ronald E. Bradley Employee Peter M. Thorson, City Attorney Dated 10 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council Mayor Roberrs and Councilmember Mu~oz June 14, 1994 City Manager's Contract PREPARED BY: City Clerk June S. Greek RECOMMENDATION: Approve the City Manager's employment contract and authorize the Mayor and City Clerk to execute the agreement. BACKGROUND: The staff will' finalize a staff report on this item and forward it to you under separate cover. JSG ITEM 29 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICE CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Tim D. Serlet, Director of Public Works/City Engineer June 14, 1994 Ordinance 94- Restricting Trucks Over Six Thousand (6,000) Pounds on Rainbow Canyon Road from Pala Road to the Southern City Limit PREPARED BY: Martin C. Lauber, Traffic Engineer RECOMMENDATION: The Public/Traffic Safety Commission recommends to that the City Council introduce and read by title only an ordinance entitled: ORDINANCE 94- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING CHAPTER 10.20 OF THE TEMECULA MUNICIPAL CODE TO ADD WEIGHT LIMITS ON DESIGNATED STREETS BACKGROUND: The Traffic Division of the Public Works Department has been requested by residents and the Public/Traffic Safety Commission to investigate limiting truck traffic on Rainbow Canyon Road. Rainbow Canyon Road is currently a two (2) lane road, oriented north/south, connecting southern Temecula to San Diego County through a portion of Riverside County just east of Interstate 15 (I-15). It currently carries approximately 2,000 vehicles per day with approximately 259 trucks each week. This road is designated as a secondary four (4) lane road with a forecast'of 15,000 vehicles per day. The unimproved southern portion of Rainbow Canyon Road within Temecula, traverses rugged terrain comprised of sharp vertical and horizont.al curves and steep grades. This creates a potential hazard for over-weight trucks using this route to by-pass the California Highway Patrol truck scales located on I-15. The improved northern portion traverses a residential area with single family homes which have driveways directly accessing Rainbow Canyon Road..Due to limited front yard setbacks each driveway has insufficient turn-a-round space, requiring residence to either back in or back out of their driveways. r:%egdrpt\94%0614%rei nboW .ordlajp The Public/Traffic Safety Commission recommends posting Rainbow Canyon Road to restrict trucks over 6,000 pounds. San Diego and Riverside County have supported our efforts by agreeing to allow us to posraclvance warning signs identifying the restriction in their counties. The California Highway Patrol {CHP) also commends our effort to restrict through traffic to passenger vehicles only to reduce over-weight trucks using this route to by-pass the CHP truck scales on Interstate 15. All trucks conducting business along Rainbow Canyon Road will still be able to use this route since no alternative routes are available. FISCAL IMPACT: Funds are available in the Public Works Sign Account No, 100-164-999-5244 4 - Special Weight Limit Signs at approximately $500 each -- $2,000 2 - No Truck Over Three (3) Tons sign at $125 = 250 TOTAL ~,250 ATTACHMENTS: Ordinance 94- Exhibit "A" - Truck Restriction Signing Layout Public/Traffic Safety Commission Minutes of March 24, 1994 r:\agdrpt\94\0614\rainbow:ord/ajp ORDINANCE 94- "AN ORDINiM~CE OF THE CITY COUNCIL OF ~ CITY OF TEVIECIILA, AMENDING CHAPTER 10.20 OF THE ~ MUNICIPAL CODE TO ADD WEIGHT IiMITS ON DESIGNATED STI~ETS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: WFIEREAS, The Public/Traffic Safety Commission of the City of Temecula has reviewed certain weight restrictions and forwarded their recommendations for changes to the City Council; SECTION 1. Section 10.20.070 of Chapter 10, Article II of the Temecula Municipal Code, is hereby amended to read as follows: ARTICLE II WEIGHT LIMITS Section: 10.20.070 Designation 10.20.070 Designation. When signs are erected giving notice thereof, the following streets or portions of streets are restricted to vehicles not exceeding a maximum gross weight of 6,000 pounds: A. Calle Medusa, from La Serena to Nicolas Road B. Rainbow Canyon Road from Pala Road to the southern City limit SECTION 2. Severability. The City Couch hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 3'- Effective Date. This Ordinance shall be in full force and effective thirty (30) days after its p~sage. 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 4. The City Clerk shall publish a summary of this Ordinance and 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. r:\agdrpt\94\0614\rainbow.ordlajp PASSI~T}, APPROVI~ AND ADOPTED, this 1994 Ron Roberrs, Mayor ATTEST: lune S. Greek, City Clerk r:\agdrpt~94~0614~,rainbow.ordlajp SR-79 (S) TEMECULA RIVERSIDE C H P VEIGH STATION ~"'RIVERSIIDE SANXDIEGO ~ C 9/'j/94 COMMERCIAL VEHICLES OVER 3 TONg PROHIBITED B= 3 TON ~/EIGHT LIMIT 1.5 MILES AHEAD C: 3 TON ~/EIGHT LIMIT 8 MILES AHEAD 3 TDN VEIGHT LIMIT AHEAD RAINBOV CANYON ROAD TRUCK RESTRICTION SIGNING LAYOUT 'EXHIBIT A' PUBLIC/TRAFFIC SAFETY COMMISSION MINUTES 3. MARCH 24.1994 Restrictina Trucks ever Three (3) Tons from Pale Road and Rainbow Cenvon Road Traffic Engineer Marry Lauber presented the staff report, Chairman Perry suggested the (B) designated'signs should read "3 ton weight limit ahead I mile" instead of "at the Temecula City line", I.t was moved by Commissioner Coe,. seconded by Commissioner Guerriero to recommend to the City Council to restrict trucks over three (3) tons from Rainbow Canyon Road from Pale Road to the City limits, The motion carried as follows: AYES: 4 NOES: 0 ABSENT: I COMMISSIONERS:. Coe, Guerriero, Sander, Perry COMMISSIONERS: None COMMISSIONERS: Sander Traffic ODerations Adiacent to the Temecula Community Recreation Center and Rancho California Sports Park Traffic Engineer Marry Lauber presented the staff report and a slide presentation. Commissioner Sander said he feels there .should be some flexability for overflow parking on Rancho Vista Road during special events and City Council meetings which may create large crowds. . Commissioner Guerriero said he also is concerned there will be a need for the off-site parking which will be restricted.by the recommendation.- Engineer Lauber said he discussed the recommendation with the Community Services Director and his staff and they have expressed no real concerns with the recommendation. It was moved by Chairman Perry, seconded by Commissioner Guerriero to recommend approval of the posting of "No Parking" on the west side of Margarita Road and the north side of Rancho Vista Road and review for 90 days. If the reviews shows there is a need for the off-site parking, the Commission will instruct staff to recommend a change in the striping-and allow for on-street parking. The motion was carried as follows: AYES: 4 COMMISSIONERS: Coe, Guerriero, Sander, Perry FTSCOMMIN03124194 2 · O,4/15/94 TEMECULA COMMUNITY SERVICES DISTRICT ITEM I MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD MAY 1 O, 1994 A regular meeting of the Temecula Community Services District was called to order at 8:08 PRESENT: 4 DIRECTORS: ABSENT: 1 DIRECTORS: PM. Birdsall, Parks, Mufioz, Roberrs Stone Also present were General Manager Ronald E. Bradley, City Attorney Peter Thorson and June S. Greek, City Clerk. PUBLIC COMMENTS None given· CONSENT CALENDAR It was moved by Councilmember Mur~oz, seconded by Councilmember Parks to approve Consent Calendar Items 1-4. The motion carried by the following vote: AYES: 4 NOES: 0 ABSENT: 1 Minutes DIRECTORS: Birdsall, Mu~oz, Parks, Roberrs DIRECTORS: None DIRECTORS: Stone 1.1 Approve the minutes of April 5, 1994 Combinina Balance Sheet as of March 31, 1994 and the Statement of Revenues, Exoenditures and Chanqes in Fund Balance for the Nine Months Ended March 31,1994 2.1 Receiye and file the Combining Balance Sheet as of March 31, 1994 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Month~ Ended March 31, 1994. Acceotance of Landscaoe Maintenance Easements 3.1 Adopt a resolution entitled: RESOLUTION NO. CSD 94-02 Minute,,1051094 -1- 05131194 CSD Minutes May 10. 1994 --A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING EASEMENT GRANT DEEDS FOR LANDSCAPE MAINTENANCE EASEMENTS 3.2 Adopt a resolution entitled: RESOLUTION NO. CSD 94-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICTACCEPTING OFFERS OF DEDICATIONS FOR PUBLIC SLOPE AND LANDSCAPE MAINTENANCE EASEMENTS 4. Access Easements - Veteran's Park 4.1 Adopt a resolution entitled: RESOLUTION NO. CSD 94-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, ACCEPTING THE RECONVEYANCE OF AND EASEMENT IN FAVOR OF INLAND VALLEY CABLEVISION AND GRANTING A NEW EASEMENT ACROSS VETERAN'S PARK, WITHIN THE CITY OF TEMECULA DISTRICT BUSINESS 5. TCSD Proposed Rates and Charass of FY 1994-95 Director of Community Services Shawn Nelson presented the staff report and recommended that Service Level R be deleted from the levy report for FY 94-95 and that staff be directed to work with the property owners of Leifer Road .to develop alternate funding methods. Director Parks asked if the increased amount of $3.30 covers all the new facilities. Mr. Nelson reported that it includes all the facilities, including the CRC, the Senior Center and seven new parks. Leigh Carpentbr, 3945 Liefer Road, spoke in opposition to removing Service Level "R" from the levy report. Director Parks asked if the City could fund the Assessment District instead of going out' to bond. City Attorney Thorson answered this would be one option that could be looked at. Minutes/051094 -2- 05131 CSD Minutes Mev 10, 1994 It was-moved by -Councilmember Mufloz, seconded by Councilmember Parks to approve staff recommendation with direction that Service Level "R" be removed from the Levy Report. It was further directed that staff work with the property owners of Liefer Road to develop alternate funding methods. 5.1 Adopt a resolution entitled: RESOLUTION NO. CSD 94-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ON THE FILING OF A REPORT ON THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 1994-95AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH The motion was unanimously carried with President Stone absent. GENERAL MANAGER'S REPORT None given. DIRECTOR OF COMMUNITY SERVICES REPORT Director of Community Services Shawn Nelson announced Riverton Park will be dedicated on May 19, 1994 at 5:00 PM. CITY ATTORNEY REPORT None given. DIRECTORS REPORTS None given. ADJOURNMENT It was moved by Dirdctor Roberts, seconded by Director Mu~oz to adjourn at 9:04 PM to a meeting on May 24, 8:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimo. usly carried with President Stone absent. Jeff Stone, President Minutes/051094 -3- 05/31194 CSD Minutes May 10, 1994 ATTEST: June S. Greek, City Clerk\TCSD Secretary Minutes/051094 ,.4- 05131194 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA ...... COMMUNITY SERVICES DISTRICT TUESDAY, MAY 24, 1994 A regular meeting of the City of Temecula Community Services District was called to order on Tuesday, May 24, 1994, 9:18 P.M., at the Temecula Community Center, 30875 Rancho Vista Road, Temecula, California, President Jeffrey E. Stone presiding. PRESENT: 5 DIRECTORS: Birdsall, Mu~oz, Parks, Roberrs, Stone ABSENT: 0 DIRECTORS: None Also present were City Manager Ron Bradley,.'Assistant City Attorney Cheryl Kane, and Deputy City Clerk Susan Jones. PUBLIC COMMENT None CONSENT CALENDAR It was moved by Director Parks, seconded by Director Roberts to approve Consent Calendar Items No. 1 and 2. The motion was carried by the following vote: AYES: 5 NOES: 0 ABSENT: 0 DIRECTORS: Birdsall, Mu~ioz, Parks, Roberrs, Stone DIRECTORS: None DIRECTORS: None Minutes RECOMMENDATION: 1.1 ApprOve the minutes of April 26, 1994. Acceptance o~ Easement Deeds and Street Liahtinq RECOMMENDATION: 2.1 Accept the easement deeds for the TCSD to provide landscape maintenance services. CSDMINOSI24194 1 O6/01194 COMMUNITY SERVICES DISTRICT MINUTES 2.2- MAY 24, 1994 - Accept Tract 2'r760 into the existing Rancho Highlands landscape maintenance rate level; 2.3 Accept arterial and residential street lights. DISTRICT BUSINESS City Manager Ron Bradley suggested the Directors continue discussion of this item until after Item No. 16 of the regular City Council meeting. The Community Services District was reconvened at 10:05 P.M. to discuss Item No. 3. Fiscal Year 1994-95 Annual Ooeratinq Budaet Councilmember Birdsall said she feels the $20,000 set aside for the Arts Council should be changed to reflect the activity rather than the organization. It was moved by Director Roberts, seconded by Director Parks to approve staff recommendation as follows, with the amendment that the $20,000 set aside for the Arts Council be changed to a Cultural Arts Program Fund: RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. CSD 94-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE ANNUAL OPERATING BUDGET FOR FISCAL YEAR 1994-95 FOR THE TEMECULA COMMUNITY SERVICES DISTRICT AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS AND PERSONNEL POSITIONS The motion was carried by the following vote: AYES: 5 DIRECTORS: NOES: 0 DIRECTORS: ABSENT: 0 DIRECTORS: DEPARTMENTAL REPORT None Birdsall, Mu~oz, Parks, Roberts, Stone None None CSDMIN05124/94 2 O6101194 MAY 94, 1994 COMMUNITY SERVICES DISTRICT MINUTES GENERAL MANAGERS REPORT - Bradley None DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson Director Nelson advised the Board of Directors the Public Notices outlining the 1994 rates and charges have been mailed and a public workshop is scheduled for Wednesday, June 1, 1994, 6:00 P.M. at the Old Town Temecula Senior Center. BOARD OF DIRECTORS REPORTS Director Birdsall asked for a status report on the Parkview property. Director Nelson advised the RFQ has been completed and will be released on Wednesday, May 25, 1994 for the designservices for Master Planning the Parkview site. ADJOURNMENT It was moved by Director Parks, seconded by Director Roberts to adjourn at 10:05 P.M. The next regular meeting of the City of Temecula Community Services District will be held on Tuesday, June 14, 1994, 8:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. ATTEST: President Jeffrey E. Stone June S. Greek, City Clerk CSDMINO5124/94 3 O6101194 ITEM NO. 2 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE. OFFICER CITY MANAGER ,~ CITY OF TEMECULA AGENDA REPORT Community Services Board of Directors Ronald E. Bradley, General Manager June 14, 1994 Contract Change Order No. 14 Community Recreation Center - Phase II Project No. PW92-29B PREPARED BY: Shawn D. Nelson, Director of Community Services Don Spagnolo, Principal Engineer - Capital Projects Dennis Armstrong, Assistant Engineer - Capital Projects RECOMMENDATION: That the Board of Directors: Approve Contract Change Order No. 14 for the Community Recreation Center - Phase II, Project No. PW92-29B, for labor, material, and equipment in the amount of $48,862. Transfer $48,862 from Development Impact Fees to the Capital Projects Fund and appropriate $48,862 to Account # 250-190-129-5804. BACKGROUND: During the construction of the Community Recreation Center the following items of work have resulted in a change to the contract: CHANGE ORDER NO. 14 Amphitheater Drainaae: Additional drains were installed within the amphitheater to prevent water from ponding deep enough to enter the electrical conduits within the amphitheater. e Cross Gutter: Sections of the cross gutter traversing the fire lane that was installed during the rough grading process were removed and replaced, because they no longer matched the final design elevations of the drainage. system. pwl 3%agdrpt%94%0614%pw92-29b 060194 Fog Seal: The parking lots were sealed with an oil based slurry to extend the life of the asphalt and to provide a uniform color and texture to the surface. Projection Screen: Electrical conduit and wiring were added to supply power which will provide automatic operation of the projection screen. Shades: The sun shades in the multipurpose room were modified such that the top and bottom shade systems could be operated separately. Sprinkler Heads: The fire sprinkler system 'was modified by adding wall mounted sprinkler heads in the main hall to the multipurpose room. Pool and Deck Area: Portions of the concrete deck surrounding the pool suffered extensive cracking. To maintain the integrity of the deck area, the affected panels of concrete and pool tiles were removed and replaced. Wall Protection: A protective wall covering was added to the janitorial supplies closet in accordance with the Riverside County Health Department. TOTAL: $48,862 FISCAL IMPACT: The original contract was awarded in the amount of $4,196,400.00.Contract Change Orders No.1 through No. 13 were approved for a total amount of $4,353,021.68.Contract Change Order No. 14 will increase the adjusted contract by an amount not to exceed $48,862.49.The total adjusted contract amount for the project is $4,401,884.17. It is recommended that $48,862 be transferred from Development Impact Fees to the Capital Project Fund and appropriated to cover Change Order #14. ATTACHMENTS: 1. Contract Change Order No. 14 pw13\agdrpt\94~0614%pw92-29b 060194 City of Temecula 43174 Business Park Drive · Ternecula, California 92590 (909) 694-1989 · FAX (909) 694-1999 CONTRACT CHANGE ORDER NO. 14 CONTRACT NO. PW92-29B PROJECT: Community Recreation Center - Phase II TO CONTRACTOR: T.P. Penick & Sons. inc. NOTE: This change order is not effective until aDDroved by the Enoineer. THIS CHANGE PROVIDES FOR: An INCREASE in the following items: elm · SHEET 1__ of 2 Amphitheater Drainaee: Additional drains were installed within the amp·theater to prevent water from ponding deep enough to enter the electrical conduits within the amphitheater. Cross Gutter: Sections of the cross gutter traversing the fire lane were damaged by heavy equipment during construction operations. The damaged sections were removed and replaced, because they no longer matched the design elevations of the drainage system· Foe Seal: The parking lots were sealed with an oil based slurry to extend the life of the asphalt and to provide a uniform color and texture to the surface. Projection Screen: Electrical conduit and wiring were added to supply power which will provide automatic operation of the projection screen. Shades: The sun shades in the multipurpose room were modified such that the top and bottom shade s~stems could be operated seperately. Sprinkler Heads: The fire sprinkler system was modified by adding wall mounted sprinkler heads in the main hall to the multipurpose room· Pool and Deck Area: Portions of the concrete deck surrgunding the pool suffered extensive craoking. To maintain the integrity of the deck area, the affected panels of concrete and pool tiles were removed and replaced. Wall Protection: A protective wall cover·fig was added to the janitorial supplies closet in accordance with the Riverside County Health Department. TOTAL: $48,862.49 i~,13'~p~oja:~ve.,9~-29b~cco~,o.14 8519~. CONTRACT CHANGE ORDER NO. 14 CONTRACT NO. PW92-29B SHEET _~ of 2 Original Contract Amount ................................. $4,196,400.00 Adjusted Contract Amount .............. '~ .................. $4,353,021.68 Change Order No. 14 ........................... · .......... $ 48,862.49 Total Contract Amount .................................... $4,401,884.17 Adjustment of Working Days ............................... . 40 Approved: Principal Engr. .y:~~2-f~ Data: ~/~p/~///- We the undersigned contractor have given careful consideration to the change proposed and hereby agree. If this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work. Date Accepted: (to' By: ~-~,~, (s:gnature~%---- Name: oc. (print)  (company's name) If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified. pw13~pVrojecu'~,82-29b~,o~cco.14 051994 ''MNO 3 II · APPROVAL R~ CITY ATTORNEY FINANCE OFFICE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Community Services Board of Directors Ronald E. Bradley, General Manager June 14, 1994 Award of Construction Contract for Loma Linda Park - Phase II Project No. PW94-02CSD PREPARED BY: ~'Shawn D. Nelson, Director of Community Services Don Spagnolo, Principal Engineer - Capital Projects Dennis Armstrong, Assistant Engineer - Capital Projects RECOMMENDATION: That the Board of Directors: Award a contract for Loma Linda Park - Phase II, Project PW94-02CSD, to Marina Contractors, Inc. for $104,104.00and authorize the President to execute the contract and; Authorize the General Manager to approve change orders not to exceed the contingency amount of $10,410.40, which is equal to 10% of the contract amount. BACKGROUND: On April 6, 1994 the Board of Directors approved the plans and specifications for Loma Linda Park - Phase II, Project No. PW94-02CSD, and authorized the Department of Public Works to solicit public bids.for construction. The bids were publiciy opened on May 26, 1994. Loma Linda Park - Phase IF is the final construction phase of Loma Linda Park. Phase II is comprised of 7 lots and encompasses approximately I acre. The project includes the installation of landscaping and an automatic irrigation system, a tot-lot play area with rublSerized access, play equipment, barbecues, benches, bike racks, and picnic tables. The project also includes the construction of concrete sidewalks, mow strips and drainage facilities. The engineer's estimate for this project is $130,000. Seven bids were received for the project and the results are as follows: 1. Marina Contractors, Inc ...................... $104, 104.00. -1- pwl 3\agdrpt~94~0416~pw94-O2.awd 0602 2. Nottson Construction, Inc ..................... $115,860.00. 3. Bopark'Enterprises;'ldd; ...................... $118,037.00. 4. Sean Malek Engineering & Construction ........... $123,900.00. 5. Wyatt Construction ......................... $128,759.00. 6. Oakridge Landscape & Irrigation ................ $140,255.00. 7. Cunningham-Davis Corp ...................... $149,890.00. Marina Contractors, Inc. has performed work similar in scope to Loma Linda Park - Phase II for other agencies and builders within Southern California. Based on comments we have received from the references listed in the bid documents, the work completed by Marina Contractors, Inc. has been acceptable. The construction schedule is for 170 calendar days, which includes the 90 day maintenance period. Work is expected to begin in early July, 1994 and be completed by the middle of November, 1994. A copy of the bid summary is available for review in the City Engineer's office. FISCAL IMPACT: Loma Linda Park Phase II is being funded through Quimby Fees which have been appropriated to Account No. 210-190-134-5804. The total project amount is $114,514.40 which includes the contract amount of $104,104.00plus the 10% contingency of $10,41.40. ATTACHMENTS: 1. Contract -2o pwl 3\agdrpt\94\0416~pw94-O2.awd 0602 ..... CX'X'~ OIP'~4BOULA; PUBLXC~ WORKB DEPAR'I'M.BI~ PROJECT NO. PW94-O2CSD LOMA LINDA PARE PHASE II THIS CONTRACT, made and entered into the 14TH day of JUNE, 1994, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Marina Contractors, 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. PW94-02CSD LOMA LINDA PARK PHASE II, 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. PW94-02CSD LOMA LINDA PARK PHASE II. Copies of these Standard Specifications are available from the publisher: Building News, 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 Provisions, and Technical Specifications for Project No. PW94-02CSD LOMA LINDA PARK PHASE II. . pw 13\cip~projeots~pw94-02 .cad\contract 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 Document 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. 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. PW94-O2CSD LOMA UNDA PARK PHASE II All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for the work above-agreed to be done, the sum of: ONE HUNDRED AND FOUR THOUSAND AND ONE HUNDRED AND FOUR DOLLARS and 00 CENTS {$104,104,00),the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed one hundred and seventy {170| days, commencing with delivery of Notice to Proceed by CITY. Eighty (80) working days will be allowed for construction of the improvements and ninety |90) calendar days will be required for maintenance. Construction shall not commence until bonds and insurance are approved by CITY. : pwl 3\cip~projects~pw94-02.csd~contract 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. 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. Pursuant to Section 20104.50 of the Public Contracts 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. 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 completion of the work 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 ~hall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. pw 13~cipkorojects~pw94-02.esd~contract 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 925,000-975,000 975,000-9500,000 Over 9500,000 RETENTION PERIOD 180 days 180 days One Year RETENTION PERCENTAGE 3% $2,250 + 2% of amount in excess of 975,000 910,750 + 1% of amount in excess of 9500,000 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 (91,000.00) 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. e 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. 10. 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 execrate 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 po~t a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as ~ minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. pw 13\cip~projects~ow94-O2.csd~contract Pursuant to the provisions of t-775 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. 11. TIME OF THE ESSENCE. Time is of the essence in this contract. 12. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. 13. 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 witha view toward securing this Contract or securing favorable treatment with respect thereto. 14. 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 puerperal of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in his/her employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 15. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager his 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. pwl 3\cip~projects~pw94-O2.csd%contract 16. - ........ 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. 17. 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. 18. 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. 19. 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. 20. GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California. 21. 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: Tim D. Serlet, Director of Public Works/City Engineer City of Temecula 43174 Business Park Drive Temecula, CA 92590-3606 pwl 3~cip~projects~pw94-02.csd\contract IN WITNESS WHEREOF, the parties .hemto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR By: DATED: APPROVED AS TO FORM: Print or type NAME Print or type TITLE CITY OF TEMECULA By: Ron Roberts, Mayor City Attorney ATTEST: June S. Greek, City Clerk pw 13~cip~projects~pw94-02 .csd~contrect ITEM NO. 4 APPRO~ CITY . A'FFORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO.' Board of Directors FROM: Ronald E. Bradley, General Manager DATE: June 14, 1994 SUBJECT: PREPARED BY: RECOMMENDATION: Replacement of Landscape Bonds for Slope Improvements - Cosrain Homes/Vintage Hills ~<~~3eryl Yasinosky, Management Assistant That the Board of Directors: Authorize the replacement of landscape bonds for slope improvements to Tract No. 22915-2, Tract No. 22915-3, and Tract No. 22916-3 - Cosrain HomesNintage Hills. BACKGROUND: Landscape/Erosion Control Agreements and Surety Bonds for the above referenced development were originally posted with the County of Riverside Building and Safety Department by: TayCo (Joint Venture of Taylor Woodrow Homes & Cosrain Homes, Inc.) 3991 MacArthur Blvd. Newport Beach, CA 92660 The original documents have since been transferred to the City and the Developer has provided bond riders which change the Obligee from the County of Riverside to the City of Temecula. The surety bonds were issued by American Home Assurance Company and are identified as follows: 1. Tract No. 22915-2; Bond No. PB300 11 472 in the amount of $22,000.00. 2. Tract No. 229~5-3; Bond No. PB300 11 474 in the amount of $127,000.00. 3. Tract No. 22916-3; Bond No. PB300 12 647 in the amount of $158,000.00. On December 31,1993, Costain Homes, Inc. officially withdrew its general partnership with Tayco by filing an Amended Statement of Partnership, a copy of which is attached for your review. As a result of this action, Costain Homes became responsible for providing the appropriate bonds for the aforementioned developments. r:\yasinobk\csd.bnd 061494 Therefore, Costain Homes has entered into a new agreement with the City to improve the slope and landscape areas and is requesting that the former documents be replaced with new bonds from -American Mot0?iSt~ Insurance Company in the full amount as follows: Tract No. 22915-2; Tract No. 22915-3; Tract No. 22916-3; Bond No. 3SM 802 562 00 in the amount of $22,000.00. Bond No. 3SM 802 564 O0 in the amount of ~ 127,000.00. Bond No. 3SM 802 565 00 in the amount of 9158,000.00. The developer has dedicated slope and landscape areas within these tracts to the City for maintenance purposes· However, these bonds will remain in place until final acceptance of the landscape improvements and recommendation by the Board of Directors to release the bonds. FISCAL IMPACT: None. ATTACHMENTS: Bond Riders/County Bonds. Replacement Bonds. Amended Statement of Partnership. r:\yasinobk\csd ,bnd O61494 First Amancsn Title Insurance Company RECORDING REQUESTED BY: ' TAYLOR WOODROW HOMES_CALIFORNIA LIMITED 24461 Ridge Route Drive Laguna Hills, California 92653-1686 WHEN RECORDED, MAIL TO: TIMOTHY L. RA/qDALL, ESQ. MESERVE, MUMPER & HUGHES 18500 Von Karman Avenue #600 Irvine, California 92715 AMENDED STATEMENT.OF PARTNERSHIP OF' TAYCO, a General Partnership 1. The name of this partnership is TAYCO, a California general partnership. 2. The names of each of the partners is: TAYLOR WOODROW HOMES CALIFOR/~IA LIMITED, a California corporation and TAYLOR WOODROW REAL ESTATE, a California corporation 3. The Partners named in paragraph 2 of this statement are all of the Partners. 4- COSTAIN HOMES INC., a Delaware corporation, has withdrawn as a General Partner of TAYCO effective as of December 31, 1993. California. , 1994, at COSTAIN HOMES INC., a Delaware corporation, Withdrawn Genebal Partner TAYLOR WOODROW HOMES Richard E. Pope President O012785.01 41~4,t TAYLOR WOODROW REAL ESTATE, a California corporation, General Partner Vi esident 0012785.01 VERIFICATION I, RICHARD E. POPE, declare: I am President of TAYLOR WOODROW HOMES CALIFORNIA LIMITED, a California corporation, Partner in the Partnership named in the named in the foregoing Statement of Partnership. I have read the 'foregoing Statement of Partnership, know the contents thereof, and the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on t.,;j.,,-., .: i-!, t[ this Zt;.'k day f ~u~,~;= ~'~ ' 1994 at Californig. ' ~ ~ ~ RICHARD E. POPE I, JEFFREY J. PROSTOR, declare: I am Vice President of TAYLOR WOODROW REAL ESTATE, a California corporation, Partner in the Partnership named in the named in the foregoing Statement of Partnership. I have read the foregoing Statement of PartnersNip, know the contents thereof, and the same is true of my'own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on this '21<~ day of )~',-,-~,:v,z , 1994 at , California. /  PROSTOR STATE OF CALIFORNIA ' ) ) ss. COUNTY OF-ORANGE ..... ) to me (uf ~rovcd t~'~'-mc on the basis of satin-factory evidcncc) to be the person(~) whose name(~4 is/a~-e- subscribed to the within instrument and acknowledged to me that -hc/she/t-~ executed the same. in kis/her/~he~-r authorized capacity(it=) and that by ~P=~/her~t~eir signature¢~) on the instrument the person(e), or the entity upon behalf of which the personCe~ acted, executed the instrument. WITNESS my hand and official seal. 416.i6 Notary Pu~ic in and Said County and State for 416.!4 STATE OF CALIFORNIA ) ) ss. COUNTY OF-ORANGE ..... ) on , before .personally appeared RICPEARD E. POPE, personally known to me (or proved tw m= ~n LL= basis ~f satisfactory ~vidcn~c) to be the person(~4 whose name(s} is/~ subscribed to the within instrument and acknowledged to me that he/s~thcy executed the same in his/he~/~ authorized capacity(ies) and that by his/hee~ signature(~ on the instrument the personnel, or the entity upon behalf of which the person'-~ acted, executed the instrument. WITNESS my hand and official se~l .... _=e_ l~l~ OFFICIAL SEAL Linda Enright NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY Said County and State for STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On ~~ ~ ~ ~ 1994 before me, personally appeared JEFFREY J. PROSTOR, personally known to me (or provcd to mc o~ ~ basis of catiofa~Lo~y =viac~c) to be the person Cs-~ whose name(c) is/e~e subscribed to the within instrument and acknowledged to me that he/s4%e+t4%ey executed the same in his/h~l/Lhcir authorized-capacity(ies) and that by his/her/~he-i-~_ signature+~) on the instrument the person(~, or the entity upon behalf of which the person+s~ acted, executed the instrument. WITNESS my hand and official seal. ~ ' "' Linda Enright , f ~TARY PUBLIC CALIFOP, NIA~, ORANGE COUNTY d Said County and State for TRACT NO. 22915-2 EROSION AND LANDSCAPE CSA RIDER BOND NO. PB300 11 472 In consideration of the premium charged, it is understood and agreed that: Effective from the 31st day of December. 1993. THE OBLIGEE'S NAME IS HEREBY CHANGED: From: County of Riverside To: City of Temecula Provided, however, that the liability of the American Home Assurance Company under the attached bond and under the attached bond as changed by this rider shall not be cumulative. Nothing herein contained shall be held to vary, waive, alter or extend any of the tens, conditions, agreements or warranties of the undermentioned bond, other than as stated above. Attached to and forming a part of Bond No. PB300 ll 472 issued by the American Home Assurance Comvany dated the 23rd day of Aueust 1989 on behalf of Tavco (joint venture of Taylor Woodrow Homes and Costain Homes) and in favor of County of Riverside. Signed this 31st day of March. 1994. TAYCO, a California general partnership · (Taylor Woodrow Homes California Limited, a California Corporation and Taylor Woodrow Real Estate. A California Corporation) Pri c~3al American Home Assurance Company Bri'an E. Gagan, Attorney-igOr ' ,~mer4.,.~n Home Assurance Company National Union F'we Insurance Company of Pittsburgh, Pa. Principal Bo~d Office: 70 ~ ~ Ntw York, N.Y. 1(1270 POWER OF ATIX)RNEY No. 03-B-OlO01 Ir ~W ALL MEN BY THESE PRESENTS: Tha~ Araerican Home ~ .. _C.O~npany, · Nt~ YO_tk .. _c~,pontioe, and National Union Fu~ Inmamnd~ cx~npany o/Pitlsbu,-gh, Pa., · Pennv/ivania corporation. does each bere. J~/appoint ---Richard R. HerL~berg. N. Owens, Ijsa I -~ngdon, Brian E. Gagan: of San F~ California-- i:s xru~ and lawful Attornvi(s)=in-Fnct, with full authority to execute on its behalf bonds, under-dt4n.ot, ff~,x-~i-am,e~ and other obligatory in the natuxz thereof, issu~ in fig coum of its businca, and to bind fig ~ coraltony thereby. IN WITNESS WHEREOF, Am~rk= no~ A~nn= Com~y and Naao=a U~k-- F=~ ~ ~Y of Pimbur~ xh~ p~nts STATE OF NEW YORK } COUNTY OF NEW YORKin, On ~ 7 day of Augug ,19~. bcfor~ me came the abo~ named o/]~4:gr of Angrican Home t~ nce ~m~ny ~d Na~ U~ F~ l~u~ ~m~y o ~u~, Pt, w ~ ~ ~ w ~ t~ i~d~l ~d officer d~ he~in, ~d ~ t~t ~ ex~t~ t~ fo~going i~t~mcnt ~ aff~ t~ ~ d u~ the~to by aut~ d h~ off~ NOZ. Z,C~O New Va,.~ O~-NO46527$d CERTIFICATE Excerpts o/Rr. wlution~ adol~exl by the Bo~rd~ of Director~ of American Hom~ Ar~uram~ ~y ~ Na~ U~ F~ ~u~ ~y d Pi~u~, Pa- on May 18, 1~6: · ~SOL~D, that ~ ~a d ~ ~, t~ ~i~nt, or any V~ P~tnt ~, ~ ~ ~ autho~ to a~t~Fm to ~p~nt and ' ac~ for and oa ~lf d ~ ~y ~ ex~te ~ u~n~ ~~ ~ ~r ~ d ~ ~ ~ ~to~ h ~e n~ ~e~f, and to at~h t~to ~ w~n~ ~1 d t~ ~pny, in t~ t~ d i~ su~W b~ · ~S OL~D, ~t me ~m~ a~ att~mt~ d ~h ~ ~ t~ ~i d t~ ~y ~y ~ ~ w ~y s~ P~r ~ ~ ~ to ~y ~n~te ~lating the~to by fni~, ~ ny ~h P~r ~ Anom~ or ~nffi~te ~flng szh f~ ~m~ or f~ ~ ~ ~ ~ ~ bh~g ~n the ~m~ny ~en w aff~ ~th ~ to ~y ~, un~m~n~ ~n~ or ~r ~t~ d i~mni~ ~ ~t~ ~liptoW h ~ ~m~ '~SOL~D, t~t ~y s~h AtW~F~ ~l~ng a ~ ~ifat~ ~t ~ fo~ ~ut~ ~ ~ ~ eff~ my ~n ~ ~ ~on the date the~, u~ ~ w ~ ~ h~r t~ ~ ~te ~ ~1~ t~ by s~ A~F~" I. ~bc~ M. T~ ~ d ~ H~e ~ ~ny ~ ~ Nati~ U~ F~ I~ ~m~y ~ H~u~ PK ~ ~ ~ni~ t~t the fo~ing e~ d ~u~ ~ ~ t~ h~ d Dixon d t~ ~m~ ~ ~ P~n d An~ ~ ~t ~egt~ a~ t~ and ~a, and ~t ~th ~ ~u~ ~ ~ P~n dAno~y a~ in full fo~ a~ eff~. '.¥ITNESS WHEREOF. I ~,~ hc~unto r, et n~), hand and affuagl the facsimik gal of each corporation this _.31_SC dayof March ,1' 94. i~lizabeth M. TUck, Secretary. AeOREEMENT FOR EROSION CONTROL AND LANDSCAPE/HPROVEMENTS This Agreement, made and entered into by and between the County of Riverside, State of Californ.ia,._hereinafter*-cal]ed County, and TayCo {Joina) vent f T lnr · , r ?,~l~e% ~:ont~a~or. Woodrow Homes & Cosrain Homes Inc.] herein te c 284-44 WXTNESSETH FXRST: Contractor, for and in consideration-of the issuance of grading and landscaping permits in the development of that certain ]and diviston known as Tract 22915-2 C.S.A. slODes agrees, at Contractor's own cost and expense, to furnish all labor, equipment and material necessary to perform and complete, and within twelve months from the date this agreement is executed, to perform and complete in a good and workmanlike manner, all those erosion control, *-landscape and irrigation improvements in accordance with those landscape and Irrigation plans for the development of said land division which have been approved by the County Bui]dtng Director, and are on file in the Office of the Riverside County Building and Safety Department and to do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 457, as mended, which are expressly made a part of this agreement. All of the above required work shall be done under the'inspection of and to the satisfaction of, the County Building Director, and shall not be deemed complete until approval of the final planting inspection is made by the Building Director. Contractor further agrees to maintain the above required improvements, following the approval of the final planting inspection, until the structure is occupied and, during this period to restore, repair or replace, to the satisfaction of the Building Director, any defective work or labor done or defective materials furnished. The estimated cost of said work and improvements is the sum of TWENTY'~rVqO THOUSAND dollars ($22,000.00 )-' ~ ......... ) SECOND: Contractor agrees to pay to the County the actual cost of such inspection of the works and improvements ar may be required by the Building Director. Contractor further agrees that if suit is brought upon this agreement or any bond guaranteeing the completion of the landscape and irrigation improvements, all costs and reasonable expenses and fees incurred by the County in successfully enforcing such obligations shall be paid by Contractors including reasonable attorney's fees, and that upon entry of judgement, such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. THIRD: County shall not, nor shall any officer or employee of County, be liable or responsible for any accident, loss or damage happening r occurring to the works specified in this agreement prior to the completion and approval thereof, nor shall County or any officer or employee thereof, be liable for any persons or property injured by reason of the nature of the work, or by reason of the acts or omissions of Contractor, his agents or employees, in his performance of the work, and all of said liabilities are assumed by Contractor. Contractor agrees *to protect, defend and hold harmless County and the officers and employees thereof 'from all loss,' liability or claim because of, or arising out of the acts of omissions of Contractor, his agents and employees, in the performance of this agreement, or arising out of the use of any patent or patented article in the performance of this Agreement. FOURTH: The Contracto~ hereby grants to the County, and to any agent or employee of · .-the.County, the irrevocable permission to enter upon the lands of the above referenced land division for the purpose of completing the improvements. -This permission shall terminate in the event:that the Contractor has completed the work within the time specified or any extension thereof granted by the Building Director. FIFTH: Contractor agrees at all times, up _to the completion and approval of the final planting inspection by the Building Director, to*2gtve good and adequate warning to the traveling public of each and every dangerous condition caused by the construction of the improvements, and to protect the traveling public from such defective or dangerous cond i tons. SIXTH: The Contractor, his agents and employees, shall give notice to the Building Direc- tor at least 48 hours before beginning any work and shall furnish said Building Director all reasonable facilities for obtaining full information respecting the progress and manner of work. SEVENTH: If the Contractor, or his agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time as have been granted by the Building Director, or if the Contractor violates, neglects, refuses or fails to perform satisfactorily any of the provisions of the plans and specifications, he shall be in default of this Agreement and notice in writing of such default shall be served upon him.. The Building 11/B? Director shall have the power ~o terminate all right~ of the Contractor because of such default. The determination by the Building Dtrector of the question as to whether any of the terms of the agreement or specifications have been violated or have not been per- formed satisfactorily shall be conclusive upon the Contractor, and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing pro- visions of this section shall be in addition to all rights and remedies available to the County ~nde~ law ..... EIGHTH: The Contractor agrees to file with County prior to the date this agreement is executed a good and sufficient improvement security in any mount not less than the esti- mated cost of the work and improvements for the faithful performance of the terms and conditions of this agreement and Contractor further agrees that if the improvement security is a bond and if the sureties on the faithful performance bond or the mount of said bonds in the opinion of the Building Director becomes insufficient, Contractor agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the mount of said bonds, or both, within ten days after being notified by the Building Director that the sureties or -mounts are insufficient'~ Notwithstanding any other pro- vision herrein, if Contractor fails to take such action as is necessary to comply with said notice, he shall be in default of this Agreement unless all required improvements are completed within 90 days of the date on which the Building Director notified the Contractor of the insufficiency of the sureties or the mount of the bonds or both. NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this agreement that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this agreement, extensions of time may be granted from time to time by the Building Director either at his own option or upon request of the Contractor, and such extensions shall in no way affect the validit~ of this agreement or release the s~rety or suretie~ on said bonds. Contractor further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this agreement, including any extensions of time as may be granted therein. TENTH: It is understood and agreed by the parties hereto that if any part, term or prov- ision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. ELEVENTH: Any notice or notices required or permitted to be given pursuant to this agree- ment shall be served on the other party by mail, postage prepaid, at the following ad- dresses: County Director of Building & Safety County of Riverside County Administrative Center 4080 Lemon Street - 2nd Floor Riverside, CA. g2501 Tay. Co (joi ec~qctr~-~t°~f Tayl t.$oodrow Homes tainntH~mesY or cos -- WpO u , IN WITNESS WHEREOF Contractor has affixed his name, address and seal. Dated: ATTEST: Gerald A. Maloney Clerk By Deputy Zay n.~ venture TaX o I drow & C~styin Homes) ~ of Riverside ' Approved as to Form: Gerald j. Geerlings, County Counsel SIGN ACTOR MUST BE WITNESSED BY NOTARY A~iD-EXECUTED IN DUPLICATE AGREEMENT OF GENERAL PARTNERSHIP OF TayCo THIS AGREEMENT OF GENERAL PARTNERSHIP ("Agreement") is dated as of ~{h ~10 , 1988, and is entered into by and among the following: TAYLOR WOODROW HOMES CALIFORNIA LIMITED, a California corporation ("TWH"); and COSTAIN HOMES INC., a Delaware corporation ("CHI") (collectively referred to. as the "Partners" and individ- ually as "Partner"). RECITALS The Partners hereto vo!untariIy associate themselves in order to (i) acquire fee title in and to that certain real property and all improvements thereon, more particularly described on Exhibit "A" attached hereto ( the "Property" ); (ii) process all required maps and take all steps recuired to receive all necessary entitlements from all governmental authorities for the development of the Property; (iii) cause to be constructed all necessary improvements ( the "Improve- ments" ) in order to create finished lots upon which single family homes can be constructed (the "Lots"); (iv) market the Property upon completion of construction of the Improvements (collectively the "Partnership Business") · IN FURTHERANCE OF THE FOREGOING, and in consideration of the mutual covenants and promises contained herein, the Part- ners agree as follows: ARTICLE 1 ORGANIZATION; PARTNERS 1.1 Formation and Name· 'The Partners hereby associate themselves in a gen- eral partnership pursuant to the provisions of Chapter 1, Title 2, of the California Corporations Code, known as the "Uniform Partnership Act" (the "Act"), to operate under the name and style of TayCo (the "~artnership"). Except as other- wise expressly provided in this Agreement, the rights and obligations of the Partners and the administration and / signing of this Agreement, except as to those joint responsi- ? .... bilities,.-li~bilities,---indebtedness, or obligations incurred " after the date of this Agreement and as limited by the terms of this Agreement. This Agreement shall not be deemed to -' create a general partnership between the Partners concerning any activities other than those activities that are within the scope and business purposes of the Partnership as speci- fied herein. 5.2 Management. The management and control of the Partnership is vested in the Partners and all significant.decisions regard- ing the business and activities of the Partnership shall be made only by both Partners, each having one (1) vote. Each Partner shall designate in writing from time to time its respective representative for purposes of casting said votes. Each representative (or alternate) shall be fully authorized to provide .any consent or approval which may be required herein. TWH initially designates GORDON TIPPELL as its representative and RICHARD POPE as its alternate repre- sentative. CHI. initially designatesI JACK DANGELO as its representative ~nd DAVID 'JACKSON" as its alternate representative. Subject to the foregoing, the day-to-day manage- ment and operation of the Partnership and the obligation to do all things necessary to carry on its business and promote its purposes shall be vested in the Partners as follows: (a) CBI shall be responsible for land planning and the processing of all approvals necessary in order to develop the Property in accordance with the terms of this Agreement; (b) TWH shall be responsible for construction engineering, construction management and Partnership accounting. The Partners shall be entitled to reimbursement for all costs incurred by them in the performance of their duties under this Section (the "Reimbursable Costs"), together with an amount equal to fifteen percent (15%) of such ReimbursaBle Costs (the "Overhead Fee"). The Reimbursable Costs and Overhead Fee shall be payable by the Partnership to the Partner incurring such Reimbursable Costs upon written demand by such Partner, together'with copies of invoices or other documents as reasonably necessary to evi- dence the expenditure of such Reimbursable Costs. 5.3 Limitation of Authority. Notwithstanding the foregoing, no Partner shall, without the prior written consent of the other Partner: 10. TAYLOR WOODROW HOMES CALIFORNIA LTD. NAME AND ADDRESS OF PERSONS EXECUTING THE AGREEMENTS TAYLOR WOODROW HOMES CALIFORNIA LTD. Mr. Richard E. Pope 3991 MacArthur Blvd., Newport Beach, CA 92660 COSTAIN HOMES INC. Mr. David B. Ja(kson 620 Newport Center Drive, Suite 400, Newport Beach, CA 92660 FAITHFUL PERFORMANCE BOND FOR EROSION CONTROL AND LANDSCAPE IMPROVEMENTS "' ....... COUNTY OF RIVERSIDE STATE OF CALIFORNIA For: Erosion Control - Landscape and Irrigation $22,000.00 Tract No. 22915-2 C.S.A~ Slopes Parcel Map No. Bond No. PB3001 14 72 Surety American Home Assurance Compnay Address 3 Embarcadero Center' San Francisco, CA 94111. City Premium $220.00 Principal TayCo (Joint venture of Taylor Woodrow Homes & Costain Homes Inc.) Address 3991 MacArthur Blvd. City Newport Beach, CA 92660 Whereas, the County of Riverside, State of California, and TayCo (joint venture of Taylor Woodrow~ Homes & Costain Homes Inc.) (hereinafter designated' as "Principal") has entered into, or is about to enter into, the attached Agreement whereby Principal agrees to' install and complete the abo~~gnated erosion control, landscape and irrigation- improvements, relating to , which Agreement is hereby r~ ~ed to and made a part hereof; and WHEREAS, said principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and American Home Assurance Company , as. surety, are held and firmly bound unto the County of Riverside, in the penal sum of Twenty-two thousand Dollars ($22,000.00 (includes cont) ) ]aw~u] money of the United States' for the payment of which sum we]] and truly to be made, we bind ourselves, our heirs, successors, executorS-Tand administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and pro- visions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the same time and in the manner therein specified, and in all respects according to their true'intent and meaning, and shall idemnify and save harmless the County of Riverside, its officers, agents and employees, as therein stipulated, then this obligation s~all become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County in successfully enforcing such obligation, a~'to be taxed as costs and included in any judgement rendered. 284-44-1 11/87 The Surety hereby stipulates and agrees that no change, extension of time, alteratibn or addition to the terms of the Agreement or to the work to be performed thereunder or- the specifications accompanying the same shall in any way affect its obligation this bond, and it does-hereby waive-notice of any such change, extension of time, alteratioh or addition to the terms of the Agreement or to the work or to the specifications. Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code are not a condition precedent to the Surety's obligations hereunder and are hereby, waived by the Surety. When the work covered by the Agreement is complete and the final planting inspection has been approved by the Building Director, the amount of the obligation of this bond 'is reduced by 90% with the remaining 10% held.as security until the structure is occupie~l. In witness whereof, this instrument has been duly executed by the Principal and Surety above named on August 23rd, 1989 · NAME OF PRINCIPAL: .'TayCo (Joint venture of Taylor Woodrow Homes & Costain Homes Inc.) 3991 Ha ewpo eac C AUTHORIZED SIGNATURE (S): By · rd'Pop Vic re~ 1 t. Title or ..:oodrow David B. Jackson~:e President Costain HomesTitle Title NAME OF SURETY: AUTHORIZED SIGNATURE: (If Corporation, Affix Seal) ~American Home Assurance Company 3 Embarcadero Center, San Francisco, Re s 11 - ney In-Fact Title (If Corporation, Affix Seal) ATTACH NOTORIAL ACKNOWLEDGEMENT OF SIGNATURE OF PRINCIPAL AND ATTORNEY-IN-FACT Ar. ef~an Home Assurance Company "t~lational Union Fire Insurance Company of Pittsburgh, Pa. PelACI~II IIIm~ Office; 70 PIM Stemel. Ne,v Y~fko N.Y. 10270 POWER OF A1TFORNEY No. 03-B-OlO01 KNOW ALL MEN BY THESEPRESENlI: That American Home Assurance Company, i New York corporation. and National Union Fire Insuranc~ Company of Pittsburgh, PI.. a Pennsylvania corporation, does each hereby appoint ---Pieere LeCompCe, N. O~ens, Renee G, Basse11: of San Francisco, Cal:i:focnia--- its true and lawful Attcxney(s)-in-Fact. with full authority to execute on its behalf bonds, undertakings. recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the coune of its busineu, and to bind the respective IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents ~ ~ (~ this i day of Hay Edwtrd J. French, Vice President . E OF NEW YORK ~. Cu~JNTY OF NEW YORK } · . / o- ~ 6 -~v d HaY ' . ~f~ ~d ~ ~ ~kn~-~t ~ ~ ~e- ~. 03-475~3 State of C~iifo~ia County of San Francisco SS. ,&A-(X. AEO (5/8~) 1M l~l~!T ' 1' Tfl!lHIillllllllllllllllllllll'eeeeett*eber OFFICIAL SEAL  N. OWENS N0~ARY PUBLIC- CAUF0~NIA = My ~ enxres May t5, ~"181111111 II I I Ill Ilelllllflllllllletllll$1eltlelleNlle$le T'3:~4~ tQIR~I On August 23rd, 1989 · before me, the undersigned, a Notary Public of said county and state· personally appeared Renee G. Bassel l and personally known to me to be the Attorney-in-Fact o~ American Home Assurance Company _ the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporalion therein named, and acknowledged to me that such Corporation executed the same. NOTARY PUBLIC Maurten P. Tully, Secretary CITY' OF TEMECULA EROSION CONTROL, LANDSCAPE AND IRRIC.~TION FAITHFUL PERFORMAN(:~ BOND 3SM 802 562 00 ........ Premium: $330.00/2~ WHEREAS. the City of Temecula, State of California, and Coscain Homes, Inc. (herelnafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete ce~ain designated agreement, dated Erosion Control, Landscape & Irrigation Tract No. 22915-2 made a part hereof: and public improvements, which said · 19 , and Identified as Project · is hereby referred to and TCSD WHEREAS, Principal is required under the terms of the agreement to furnlah a bond for the Feltkfful Performance of the agreement: American Motorists NOW, THEREFORE, we the Principal and Insurance ComDany aa surety, are held and firmly bound unto the City of Temecula, California. in the penal sum of $ 22,000.00 , lawful money of the Twenty two thousand and no/100 United Steter~. for the payment of such sum well and truly to be made, we bind ourselves, our heirs, suct. essors, executors and administrators, jointly and severally. The condition of this obligation Is such that the obligation shell 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. wall and truly keep, and perform the covenants, conditions. and provisions in the agreement and any alteration thereof made as therein pr.~.vidad, on his or their pa~t, to be FORMS\F, NG7 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; ~nd employeeS, as therein stipulated: otherwise, this obligation shall be end remain in full force end effect. As a part of the obligation secured hereby end in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable ettarneyes fees, incurred by City in Successfully enforcing such obligation, all to be taxed as coats and Included in any .judgment rendered, The surety hereby stipulates and agrees that no change, extension err tim, alteration or addition to the terrm~ of the ~greement or to the work to be performed thereunder or the specifications accompanying the sam shall in any way affect its obligations on this bond, and It does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this Instrument has been duly executed by the Principal and Surety abovenenH~d, on Ma~v/4, . 19 94. ( Seat ) ( Seal ) FO~\E]',IG7 Company Kipton Keller, Attorney In Fact | Name ) By: PRINCIPAL CosCain Homes, { Name) ( Title } ( '1 iris } APPROVED AS TO FORM: $CO'1 T P · Fi ELD City Attorney FORMS\ENG7 A/~RKICAN MOTOETSTS INST/KANCE COMPANY H~ ~ ~fAce: Long Gr~ve# XL 600~,9 Pb~E~ OF ATTOENEY Know All Men By These Presen{s~" That the Americmn No,otters Insulate Cos~my, a co~s,i~ or~mnized m~d existing u~der ,be lm~s o4 ,~e State o4 Illinois, m~d ~mving its principal office in Lq Greve, Illinois# does be.shy se~oint Kipton Keller of Los Angeles, California ~AAAA,AAAAA** its t~ue and lawful mgen,(s) 8rid mt~orney(s)-in-fac*. ,o' .eke. execu,e. el# and deliver ~riq {~ Hri~ begi~i~ wi~h ~ ~e of is~ of ~his ~ ~ ~i~ ~r 31, 19~, ~less s~r ~v~ fo~ ~ ~ ~lf as ~y. ~ as i~s ~* ~ ~: ~y ~d all ~ds ~d ~de~ak~s r~id~ the amour of no one b~d or ~de~ak~ uce~s ~0 HI~ION FI~ ~n THOUS~ D0~-~-~S ($2,500,000.00)~AA~A~A~* ~is au,bo~i*~ ~s ~{ ~it ~ ~ ~li~i~ *o ~ ~1i{ into *~ o. ~ ~S in o~ ~o b~i~ ~ su~ b~d within *~ dollm~ limit o~ ~,~i*~ ms ~{ ~o~{h ~ein. T~is ~i~, ~ ~ ~v~ st m~ ,ira b~ ,~ ~i~ ~,o~is,s I.~ ~. ~ execu, i~ o~ s~ ~s ~ ~,~i~s in ~~ ~ *~ 'p~eMn, s ~11 ~ ss bi~in9 ~ *~ uid ~ica~ ~o,o~is~s I~su~ C~ ms ~ull~ ~ sl~ ,o ~11 in,~,s ~ ~us, as if ,~ m ~ ~ ~1~ exe~,ed ~d ~led~ b~ i~s ~lm~l~ elec,ed o~i~s m, l,s p~i~ip.1 o~i~ in L~ G~ve, Illi~is. THIS AP~I~[~ S~L C~AS~ ~ T[~I~T~ WIT~ NO~C~ ~ OW D[C~R S1; 19~. .o~s o~ Rid ~ic~ ~,o~is,s Insu~e C~ ~ Fe~ ~, 19~ at L~ G~ve, I11i~is, m being i~ ~ull ~o~e ~ e~*: ~0T[D~ ~ ~be C~i~ o~ ~ Boa~, *~ P~si~{, o~ ~ Vice P~si~t, o. t~i. ~in~s desi~t~ in ~e,o, bonds ~d ~,~i~gs~ ~Eo~i~s~ c~,~E~s o~ i~i*~ ~ o*~ w~i,i~s, obliga*o~ i~ *~ ~,u~e ~be~eof, a~d ~ suc~ o{{ice~s o~ *~ C~W ~W ~i~ W,s ~o~ Ecep{~ of p~ess." held ~ ,~e ~ da~ o~/eb~ 19~: ~esolu, i~ R~,ed b~ *~ ex~,ive ~i**~ o~ ,~ ~s~d o~ Di~c,o~s ~ [~ 2S, 19~ ~ ~W ~ ~ so ex~ sealed ~ ce~i~i~ wi,b ~* ~o m~ ~ o~ ~,~i~ ,o ~i~ it is s**~,. ~11 ~,iu ,o ~ valid a~ bi~i~g ~ *~ ~-" co~a,e seal ,o ~ s~fix~ b~ i,s ~,~iz~ o~i~s~ ,his 01 ~ o~ ~ · 19~ · Attested and Certified: F :CuZlough. Secretary AHERICAN HOTORZSTS INSURANCE COHPAJ~Y J .S.Kemper,l~II,Sen~lor'~Vl:e~PrTsi~t :OYEX) STATE OF ZLLZNOZS SS COUNTY OF LAKE Z, Hmrilyn L. Riley, a Notary Publio# do hereby certify thet J. S. Kemp·r, Ill and F. C. HcCull~ugh personBlly kzMmwn to me to be the same persons whose names ari rmspe~tively as Senior Vice President and Secretary of the American .' Hotorists Insurance CosWamny# · COrporation of the State of Illinois# subscribed to the foP·going instrument, appeared before me this day in person end sevwral~.,/~ckn~wlwdgwt that they being thereunto duly authorized signed, sealed with the corporllte ml and delivered the said instrument ms the free end voluntary ect of s~id corporation and as their own free and voluntary act for the uses and purposes therein set forth. My omission ewpires: 6-9-9& "OFFICIAL SEAL" Marilyn L Riley Notat'/Public. State 0f Illinois My Cemmiumn Ex~es 419196 CERTIFICATION l, N. J. Zernda, Secretary of the American Hotorists Znsurmn¢~ Company, do hereby certify thet the attBched Power of Attorney dated January 1, 199~ on b~lf of the person(s) ms listed on the reverse side is a true and correct copy and thet the same h~s been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and Z do further certify that the said J. S. Kemp·r, TZZ and F HcCullough who executed the Power of Attorney ms Senior Vice President and Secretary respectively were on the da of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the AmericBl~ HoboPiers Insurance CoBpany. IN TESTIMONY WHEREOF, T have hereunto subscribed my nBme 8rid affixed the torpor·t· weB1 of the American Ho,oris~s Insurance Compar~y off this day of }'v~=[~'~! ~. .... , 19 N.J.Zsrsdm, Secretsty This Power of Attorney limits the acts of those named therein to the bonds and underimkings specifically named therein, end they have no authority to bind the Company excePt in the manner end to the extent her·in stated. FH 836=~ 6-92 1H Power of Attorney - Term PRZNTED ZN U.S.A. -- - CITY OF T~MECULA PARKLAND / LANDSCAPE IMPROVEMENT AGREEM~Vr DATE OF AGR~A'MENT: May 6, 1994 NAME OF SUBDIVIDER: Cosrain Homes (Rcfcrred toas"SUBDIVIDER') NAME OF SUBDMSION: vintage Hills (Rcfcrred toas"SUBDIVIDER") TRACT NO.: 22915-2 TENTATIVE MAP RESOLUTION OF APPROVAL NO.: 22915-2 (Rcf~rr~ to as "Re,solution of Approval") PARKIAND IMPROVEMENT PLANS NO.: (Referred to as "Resolution of Approval") ESTIMATED TOTAL COST OF PARKlAND IMPROVEMFiNTS: $ complete COMPLETIONDATE: Schedule for acceptance July 1994 NA1VIE..OF SURETY AND BOND NO. FOR LABOR AND MATERIALS BOND: 7 NAME OF SURETY AND BOND NO. FOR FMTItFUL PERFORMANCE BOND: American Motorists InSurance Company 3SH 802 563 00 NAME OF SURETY AND BOND NO. FOR WARRANTY BOND: ~le: R:~enndfM, mm'wd~mg ._ This Agreement is made and entered into by and between the City of Temecula, C~Hfomia, a Municipal Corporation of the State of C~Hfomia, heroinafter referred to as CITY, and the SUBDIVIDER. 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 C. lifomia and the CITY ordinances and regulations relating to the ftl.ing, approval and recordat. ion of subdivision maps. Th~ Subdivision Map Act and the CITY ordinances and regulations relating to the fH.ing, approval and recordation of subdivision maps are collectively referred to in this A~.,ement as the "Subdivision I.aws." B. A tentative map of the SUBDIVISION has been approve. d, subject to 'the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on f~e in the Office of the City Clerk and is incorporated into this A~oTe, ement 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/Landscape 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 A~.ement, whereby promises to install and complete, at SUBDIVIDER'S own expense, all the ParklandfLandscape Improvement work required by City in connection with proposed subdivision. Subdivider has secured this a~eement by Parkland/Landscaping Improvement Security required by the Subdivision Laws F&lee: I~:%(:;orv~elrU, K~clecpeg :~ and approved by the City Attorney. The term "l:'arkland* includes landscape ms intended to be maintnlned by the Temecula Community Services District. E. Complete Parkland/Tnndscape Improvement Plans forthe construction, installation and completion of the Parkland Improvements have been pr~ax~ by SUBDIVIDER and appmved by the Director of Community Services. The ParEand Improvement Plans numbered as referenced previously in this Agreement are On f'~e 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 plnn.~ shall include reference to any specifications for the Improvements as appmved by the Director of Community Services. F. An estimate of the cost for construction of the ParHand Improvements according to the Improvement Plans has been made and appmved by the Director of Community Services. The estimated mount is stated on Page 1 of this Agreement. attached as Exhibit "A" to this Agreement. The basis for the estimate is 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 prepaa;.ed in conformante. 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 SUBDMSION, CITY has conferred substantial fights upon SUBDIVIDER, including the right to sen, lease, or finance lots within the SU'BDM SION, and has taken the final act necessary to subdivide the property within the SUBDMSION. As a result, CITY will be damaged to the extent of the cost of installation of the Parklandfr ~ndscape Improvements by SUBDIVIDER'S failure to peffom 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 enti~ed 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 SUBDM SION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of NOW, TI-~R~'gORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDM SION, SUBDIVIDER and CITY agree as follows; 1. SUBDIVIDER'S Obligations to Construct Parkland/I.andscape Improvements. SUBDIVIDER Shall: Comply with all the requirements of the Resolution of Approval, amendments thereto, and with the provisions of the Subdivision a, and any Laws. b. Complete by the time established in Section 20 of this A~r~ment and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement Work required on the Tentative Map and Resolution of Approval in conformartce with the Parkland Improvement Plans and the CITY standards: c. Fumish 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 associaU.'on of the SUBDM SION, acquire and dedicate, or pay the cost of acquisition by CITY, of all fights-of-way, easements and other interests in real property for construction or installation of the Parkland/Landscape Improvements, free and clear of all liens and encumbrances for the SUBDIVIDER'S obljg'ations with regani to acquisition by CITY of off-site rights-of-way, easements and other interests in real property shall be subjezt to a separate Agr~ment between SUBDIVIDER and CITY. 2. Acquisition and De~dication of E~sements or Rights-of-Way. If any of the ParldandILandscap~ Improvements and land development work contemplated by this Agr~ment are to be constructed or installexi on l~and not ownexi by SUBDIVIDER, no construction or installation shall be commence~l before: a. The offer of de~licafi0n to CITY or appropriam rights-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 " wOrl(, or b. The dexiicafion to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, and approvexi by the Department of Public Works, as detennined 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. SUBDrV~ER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or g-ranting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times ~tarantee SUBDIVIDER'S performance of tills Agreement by funfishing to CrrY, 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 follows: a. to assure faithful l~rformancb of this Agr~ment in regard to said improvements in and mount of 100% of the estimatexl cost of the Parkland/l'~ndscape Improvements; and b. to s~cure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for Parldand/I andscape Improvements required to be constructed or installed pursuant to this Agreement in the additional mount 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 crrY against any defective work or labor done or defective materials furnished in the additional mount of 10 % of the estimated cost of the Parkland Improvements. The securities required by this Ageement shall be kept on f~e with the City Clerk. The terms of the security documents referenced on Page 1 of this Agreement am incorporated into this Agreement by this Reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, 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 % of the original estimated cost if the improvement, which are mutually a~omexl upon by the CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agr~ment. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the ~le: R:%ConndrU,~ndscp4~ (~ improvement, SUBDIVIDER shall provide improvement security for faithful performance as requir~ by Paragraph 3 of this Agreement for 100 % of the total estimated cost of the improvement as changed, altered, or mended, minus any completed partial releases allowed by Pangraph 6 of this A~oTeement. b. The SUBDIVIDER shall construct the Parkland Improvements in accordance with the ~ Standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDM SION 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. 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 li~'lspection 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 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 Dir~tors. b. SUBDIVIDER shall con~uue to maintain the Parkland/Landscape Improvements for uinety (90) days after they have been certified completed. No improvements shall be Finally 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 P-arldand/Landscape Improvement Plans and crrY standards. certification. Release of Securities. SUBDIVIDER'shall bear all 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 shall 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 SUBDIVIDER; provided, however, that no such release shall be for an mount 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 mount less than 50 % of the total Landscape/Parkland Improvement Security given for faithful performance until expiration of the maintenance period and final completion and I~le: R:~.Conn$1r~J, ar~$c~ ' 8 accc-ptancc of the impwvement 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 mount 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 hbor, materl. J-~ or equipment shall, six months after the completion and acceptance of the work, be reduced to an mount equal to the Wtal claimed by all claimants for whom lien have been filed and of which notice has been given to the legislative body, plus an mount reasonably determined by the Director of Community Services to be required to assure the performance of any other obli~tions 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 pro~,,ided in paragraph 10, the warranty period shall not commence until final acceptance of all work and improv.ements by the City Council. e. The CITY may retain from any security released, and araount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. File: 7. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall rtrplace or have r~placed, or repair or have repaired, as the case may all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged or destroyed by r~ason of any work done under this Agreement. SUBDIVIDER shall bear the entixe cost of rerplacment 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 CMifornia, 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 subjeL't to the approval, of the City Engineer. 8. Permits. SUBDIVIDE 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 rexluh'cd bY law. 9. Default of SUBDIVIDER. a. Default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failur~ to timely commence construction pursuant to this Agreement; SUBDIVIDER'S failure to timely complete construction of the Parkland/Landscapc Improvements; SUBDIVII)ER'S failur~ to timcly cure any defect in the Parkland/Landscape Improvements; SUBDIVIIDER'S failure to perform shbsmntial 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 SUBDM SION or a portion thereof, or any conveyance in 'lieu or in avoidance of foreclosure; or SUBDIVIDER's failure to pcfform any other obligation under this Agrecment. 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 fight, subject to this section, to draw upon or utilize the appropriate security to mitigate CYFY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utifi~c the security is additional to and not in lieu of any other remedy available to CITY. It is specifxcaJly reco,,,mjtzed that the estimated costs and security mounts 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 authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agTees 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 ~leem 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 evcnt, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliance,s, 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 fding by CITY of a notice of violation against all the lots in the SUBDM SION, 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 lleu 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 hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attomey's fees. e. The failure of CITY to take an enforcement action with respect to 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 guarante, c or warranty the work done pursuant to this A~ccment for a period of one year after expiration of the maintenance period and final acceptance by the City Council of the work and improvements against any defective work or labor done or defective mater~ak furnished. Where Parkland/Landscape Improvements am 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 tl done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the l:'arldandfr~ndscape Improvement Plans and specifications referred to heroin, SUBDIVIDER shall without delay and without any cost to CITY, r~air 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, SIIBDIVIDIi~ 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 SUBD IDER can be notified, crrY may, in its sole discretion, make the necessary r~pairs or x~lacements or perform the nect~sary work and SUBDIVIDER shall pay to CITY the cost of such repairs. - .- 11. SUBDIVIDER 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. 12. Injury to Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the '.hmprovements 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 AgTeements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concun'ently 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. SUBDIVIDER'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. l=inal Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by 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 act upon the Director of Community Services recommendations .within thirty (30) days from the date the Director of Community Services certifies that the work has finally completed, as provided in Para~oraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agent-~ 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 son, because of, or a_rising 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 Parldand/Lands~ape 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 b~ ~ponsible 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 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 tl~s 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 construction. The improvement security shall not be required to cover the provision of this paragraph.- 18. Sale or Disposition of SUBDMSION. Sale or other disposition of this property will not relieve' SUBDIVIDER from the obligations set forth heroin. If SUBDIVIDER sells the property or any portion of thc property within the SUBDM SION to any other person, the SUBDIVIDER may request a novation of thi.~ Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the rioration shall relieve the SUBDIVIDER of the obligations undcr Paragraph 17 for the work or improvcmcnt done by SUBDIVIDER. 19. · 20. Time of the Essence. Time is of the essence of this Agreement. Time for Completion of Work Extensions. SUBDIVIDER shall complete construction of the improvements required by this Agreement no later than · In the event good cause exists as determined by the City Engineer, and if 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 SUBDIVIDER'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 SUBDIVIDER 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 SUBDIVIDER 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 organiTations, which prevent the conducting or work, and which were not caused by or contributed to by SUBDBrIDER, shall constitute good cause for an extension of time for completion. As a condition of such extension, the Director of Community Services may require SUBDIVI/DER to furnish new security guaranteehag performance of this Agreement as extended in an increased mount as necessary to compensate for any increase in construction costs as determined by the Dim:tot of Community Services. 21. No Vesting of Rights. 'l~erfomance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any change in any zoning or building hw or ordinance. 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided ha this Section. Notice shall be effective on the date it is deliver~i in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be'addressed as follows unless a written change of address is filed with the City: Notice to CITY: City Clerk City of Temecula 43 174 Business Park Drive Temecula, California 92390 NotiCe to SUBDIVIDER: Cosrain Homes Inc. 620 Newport Center DrY. re, Sui. te #400 Newport Beach, CA 92660 Attention: Susan Lindquj. st 23. Sevembility. The provisions of this ,~greement axe 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 mended or modified by the mutual consent of the paxties. 24. Captions. The captions of this :~gr~ment are for convenlenc~ and r~ferencc only and shall not def'me, explain, modi~, limit, exemplify, or aid in the interpretation, 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 en~~ed to litigation costs and reasonable attorncy's fees, 26, Incorporation of Recitals, into the terms of this agreement. 27. Entir~ Agreement, The reciml-~ to thi.~ agreement g hereby incorporated This Agreement constitutes the entire Agreement of the parties 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 parties. In the case of the CITY, the appropriate paxty shall be the City Manager. IN WITNESS ~F, this Agreement is executed by CITY, by and through its Mayor. CITY OF~ Vice President/Chief Financial Officer By: By: Name: e ewc · Title: President & Chief Financial Officer By: ~~~ Nallle: Brent C. Anderson Ti~e: Mayor (Proper Notarization of SUBDIVIDBR'S signatnre is required and shall bc attached) A'ITr_.ST: By: June S. Greek City Clerk RECOMMENDED FOR-APPROVAL: By: Name: City Engineer By: Name: Director of Community Services APPROVED AS TO FORM: Scott F. Field City Attorney 19 EX}rmIT A (A~ch the basii f6~' the estimate of the cost of improvements.) TRACT NO. 22915-~ EROSION AND I-ANDSC, APE CSA BOND NO. PIB00 11 474 In consideration of the premium charged, it is understood and agreed that: Effective from the 31st day of December. 1993. THE OBLIGEE'S NAME IS HEREBY CHANGED: From: County of Riverside To: City of Teme~ula Provided, however, that the liability of the American Home Assurance Company under the attached bond and under the atlaehed bond as changed by this rider shall not be cumulative. Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements or warranties of the undermentioned bond, other than as stated above. Attached to and forming a part of Bond No. PB300 11 474 issued by the American Home Assurance Company dated the 23rd day of Aueust 1989 on behalf of Tavco (joint venture of Taylor Woodrow Homes and Cosrain Homes) and in favor of County of Riverside. Signed this 31st day of March. 1994. TAYCO,. a California general partnership (Taylor Woodrow Homes California Limited, a California Corporation and Taylor Woodrow Real Estate. A California Corporation) Pri c'~al ft'~e(~s/L...~ American Home Assurance Company Surety By: ~ f' ~ Brian E. Gagan, Attorney~ 'Ame~canHome Assurance Company POWER OF ATI'ORNEY National Union Fire Insurance Company of Pittsburgh, Pa, principal Bond Off}c=: 70 ~ Sifts, ~ York, N.Y. 10270 No. 0'3-B-01001 KNOW ALL MEN BY THESE PRESENTS: That American Home AssutmRm ..C.~n_pany, · New yo_~.__et~poration, and National Union Ftrg lamamum C, ompany of- Pittsburgh, Pa., · Pcnns~ cotpc .. does each hereby appoint ---Richard R. Hertzberg. N. Owens, Lisa Langdon, Brian E. Gagam of San Francisco, California-- its t~uc and lawful Attorney(s)=in-Fnet, with full autl'd:a'ity to e.:mcutc on its behalf bond~ undertak~ r~ and other contrac~ of indemnity and wfitin~ obligatory in the natut~ thereof, issm~ in the courg of irt businear, and to bind the t~ company thettby. IN WITNESS WHEREOF. A~.ic~ ,o.~ A~=~ Com~y .nd Na,~.~ Uak= F~ h~a== Comn.ny ot Pimbu.gh~ P~ ha~ ~ ~.c~.ted these proseate this' 7=day ,19~. ;' Mark e, agan, n. or Vi~ President STATE OF NEW YORK } COUNTY OF NEW YORK}as. On this 7 day of Autmst ,1~__._1. before mc came the abc, v~ ntma~l o~k:~r of ~c~n Home ~unncc ~m~ny ~d NI~ Umn ~ ip~u~ ~m~ny of Pit~u~, P~ to m ~ ~ m ~ tM indMd~i and officer d~ hc~in, ~ ~~ tMt M exited tM fo~going ~t~mcnt a~ a~ t~ ~ of ~id thereto by autho~W of h~ ~. New Yc:zrt CERTIFICATE Excerpts of Resolutions adopted by the Boards of Dirrxtors of American ttome Assuranc~ Company and National Union trtr~ lnsuranc~ Company of Pittsburgh, Pa. on May 18, 1976: · RESOLVED, that the Cluirman of the Board, the Pr~aid~nt, or any Vice Pa~ident be, and ber~y is, authorized to appoint Attmeyr,-in-Fnct to t~.pres~nt and' act for and on heMif of the Compmay to execute bonds, undemtkinga, recogniarua~ and otigr coatram of ind{mnity and writings obligatory in the nature thereof, and to attach thereto the corpora'.' real of tbe Company, in the tranusction of its surety busincsg · RESOLVED, that the signature ·nd sUestations of such offg~rs and the se..nl of fig Compuy my be ~q'tml to any such Po~r of Anomey or to -,,y certificate relating thertto by facsimi~, tad any such Po.~r of Attorney or certificate hearing such fsesimil~ signature or facsimile seal Company ,,then so affixed with rtspect to an~ bond, undertaking reoagnizanc~ or other contr,.ct of indemnity or writing obligatory in the nature therefor; 'RESOLVED, that any such Anongy-in-Fact delivering a se.c~tarial ctrtification tlut Ug foregoing resolutions still be in effect my itwa:rt in such o=rtification the date there. of, tnid ate to 1~ not tnR:r than the date of delb,~ry thereof by such Attorn~n-F~et-' I. F2izabeth M. Tuck, Secrettry of Angriam Home A~surance Company and of N·tion~l Union Ft~ lnsumnc= Company of Pittsburgh, Pa. do here.~ e=rtify that the foRgoing excerpts of Rt:soiutio~ ulopt~l by the Bo. rds of Dir~ors of tlgg corporations, and rig Po.~rs of Anorney iasued porsumat thereto, m true and correct, and that both the Resolutions and the Po,~r~ of Anormy ·re in full force ·nd IN WITNESS WHEREOF, I hav~ hc~unto r~t my hand and affixed the flcaimi!e gll of each corporation this 31stdayof March ,l!, EliTabeth M. Tuck, Se, c~ctary - AGREEHENT FOR EROSTON CONTROL AND LANDSCAPE TIiPROVEHENTS (~int venture of Taylor Hood~ow Homes &/ This Agreement, made and entered into by and ~bc~,v~(~n t e County of Riverside, State /' o al~for is, he etna tar cal]ed County, and W/TNESSETH FIRST: Contractor, for End tn consideration of the issuance of grading and ]~ndscaptng months free the date this agreement ls executed, to perrom and ceeplete in a good and workmanlike manner, all those erosion control, landscape and irrigation improvements in accordance with those landscape and irrigation plans for the development of said land dtvtston which have been approved by the County Building Director, and are on file in the Offtce of the Riverside County Butldtng and Safety DeparU, ent and to do all work 1netdental thereto in accordance with the standards set forth in Riverside County Ordinance No. 457, as ended, which are expressly made a part of this agreement. All of the above required work shall be done under the inspection of and to the satisfaction of, the County Butldtng Director, and shall not be.deemed complete until approval of the final planting Inspection ts made by the Butldtng Director. Contractor further agrees to maintain the above required improvements, following the approval of the final planting · InspectiOn, unttl the structure ts occupied and, during this period to restore, repair or rep}Ece, to the satisfaction of the Building Director, any defective work or labor done or defective matertais furnished. The estimated cost of said work and Improvements ts the sum of One hLb~dred 13~nty-seven thousand. dollars ($127,000.00). SECOND: Contractor agrees to pay to the County the actual cost of such inspection of the works and improvements as may be required by the Building Oirector. Contractor further agrees that if suit is brought upon this agreement or any bond guaranteeing the completion of the landscape and irrigation improvements,-all costs and reasonable expenses and fees incurred by the County in successfully enforcing such obligations shall be patd by Contractors including reaso,able attorney's fees, and that upon entry of judgment, such costs, expenses and fees shall be taxed as costs and included tn any Judgment rendered. 284-44 'THIRD: County shall not, nor shall any officer or employee of County, be liable or responsible for any accident, loss or damage happenings' occurring to the works specified tn this agreement prior to the ceepletton and approval thereof, nor shall County or any officer or employee thereof, be liable for any persons or property injured by reason of the nature of the work, Or by reason of the acts or emissions of Contractor, his agents or employees, in his perromance of the work, and all of said liabilities are assumed by Contractor. Contractor agrees to protect, defend and hold harmless County and the officers end employees thereof free all loss,' liability or claim because of, or arising out of the' acts of emissions of Contractor, his agents and employees, in the performance of this agreement, or arising out of the use of any patent or patented article in the performance of this Agreement. FOURTH: The Contractor' hereby grants to the County, and to any agent or employee of the County, the irrevocable permission to' enter upon the lands of the above referenced 1and division for the purpose of completing. the improvements. This permission shall terminate in the event that the Contractor has completed the work within the time specified or any extension there. of granted by the Building DirectOF. FIFTH: Contractor agrees at all times, up to the completion and approval of the final plant~g inspection by the Building Director, to give good and adequate warning to the trave~,ng public of each and every dangerous condition caused by the construction of the improvements, and to protect the traveling public from such defective or dangerous conditons. SIXTH: The Contractor, his agents and employees, shall give notice to the Butldtng Direc- tor at least 48 hours before beginning any work and shall furnish said Building Director 811 reasonable facilities for obtaining full information respecting the progress and manner of work. SEVENTH: If the Contractor, or his agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion wtthtn the specified time,* or wt.thtn such extensions of time as have been granted by the Building Director, or if the Contractor violates, neglects, refuses or fatls to perrom satisfactorily any of the provisions of the plans and specifications, he shall be tn default of this Agreement and notice in writtrig of such default shall be served upon him. The Butldtng 11/87 Director shall have the power ~o terminate all rtghts of the Contractor because of such default, The determination by the Building Director of the question as to whether Of the toms of the agreement or specifications have been violated or have not been per- formed sattsfactortl)' shall be conclusive upon the Contractor, and any and all parties who may have an)' interest tn the agreement or an)' portion thereof, The foregoing pro- vimtons of this sectton shall be tn addttton to all rights and remedies available to the Count)' under law, '- EIGHTH: The Contractor agrees-to ftle wtth Count)' prior to the date thts agreement executed a good and sufficient improvement securtt)' tn an)' emoun.t not less than the esti- mated cost of the work and improvements for the faithful performance of the terms and conditions of thts agreement and Contractor further agrees that If the Improvement security is a bond and tf the sureties on the fatthful performance bond or the amount of said bonds in the opinion of the Butldlng DIrector becomes Insufficient, Contractor agrees to renew each and ever), satd bond or bonds with good and suffldent sureties or tncrease the emount of satd bonds, or both, within ten da)'s after being notified b)' the Building Director that the sureties or amounts are insufficient. Notwithstanding any other pro- vision heroin, if Contractor fails to take such action as ts necessary to comply vith satd notice, he shall be tn default of this Agreement unless all required improvements are completed withtn 90 days of the date on which the Butldtng Director notified the Contractor of the Insufficient)' of the sureties or the amount of-the bonds or both. NINTH: It ts further agreed b)' and between the parties hereto, Including the or sureties on the bonds securing this agreement .that, tn the event ttts deemed necessary to extend. the time of completion of the work contemplated to s:,e done under this agreement, extensions of ttme may be granted from ttme to time b)' the 8utldtng Dtrector etther at his own option or upon request of the Contractor, and such extensions shall in no affect the valtdtty of this agreement or release the sbrety or suretie~ on satd bonds. Contractor further agrees to maintain the aforesaid bond or bonds tn full force and effect during the terms of this agreement,. including an)' extensions of time as may be granted theretn. TENTH: It is understood and agreed by the parttom hereto that ff an)' part, term or prov- ision of thts Agreement ls by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as tf the Agreement did not contain the particular part, term or provlston held to be tnvaltd. ELEVENTH: Any notice or nottces required or permitted to be given pursuant to this agree- ment shall be served on the other party b~,mat1, postage prepold, at the following ad- dresses: County Director of Building & Safety County of Riverside County Administrative Center 4080 Lemon Street - 2nd Floor Riverside, CA. 92501 Contractor TayCo {Joint venture of Taylor Woodrow Homes & Costain Homes, Inc.} 3991 .~lacArthur Blvd 66 Newport Beach, CA 9~ 0 IN WITNESS WHEREOF Contractor has affixed his name, address and seal. Dated: ATTE3F: By Gerald A. Naloney Clerk By Deputy Building Director Approved as to Form: Gerald J. Geerlings, Count Counsel By ~ FC~ ' SIGNAT~ S 0 . T BE WITNESSED BY NOTARY AND EXECUTED IN DUPLICATE AGREEMENT OF GENFaAL PARTNERSHIP OF TayCo THIS AGREEMENT OF GENERAL PARTNERSHIP ("Agreement") is dated as of a0 , 1988, and is entered into by and among the following: TAYLOR WOODROW HOMES CALIFORNIA LIMITED, a California corporation ("TWH"); and COSTAIN HOMES INC., a Delaware corporation ("CHI") (collectively referred toas the "Partners,' and individ- ually as "Partner"). RECITALS The Partners hereto voluntarily associate themselves in order to (i) acquire fee title in and to that certain real property and all improvements thereon, more particularly described on Exhibit "A" attached hereto (the "Property"); (ii) process all required maps and take all steps required to receive all necessary entitlements from all governmental authorities for the development of the Property; (iii) cause to be constructed all necessary improvements (the "Improve- ments") in order to create finished lots upon which single family homes can be constructed (the "Lots"); (iv) market the Property upon completion of construction of the Improvements (collectively the "Partnership Business"). IN FURTHERANCE OF THE FOREGOING, and in consideration of the mutual covenants and promises contained herein, the Part- ners agree as follows: ARTICLE 1 ORGANIZATION; PARTNERS 1.1 Formation and Name. The Partners hereby associate themselves in a gen- eral partnership pursuant to the provisions of Chapter 1, Title 2, of the California Corporations Code, known as the "Uniform Partnership Act" (the "Act"), to operate under the name and style of TayCo (th~ "gartnership"). Except as other- wise expressly provided in this Agreement, the rights and obligations' of the Partners and the administration and signing of this Agreement, except as to those joint responsi- bilities,- ItabilitiEs';' indebtedness, or obligations incurred after the date of this Agreement and as limited by the terms of this Agreement. This Agreement shall not be deemed to create a general partnership between the Partners concerning any activities other than those activities that are within the scope and business purposes of the Partnership as speci- fied herein. 5.2 Management. The management and control 'of the Partnership is vested in the Partners and all significant decisions regard- ing the business and activities Of the Partnership shall be made only by both Partners, each having one '(1) vote. Each Partner shall designate in writing from time to time its respective representative for purposes of casting said votes. Each representative (or alternate) shall be fully authorized to provide any consent or approval which may be required herein. -TWH initially designates GORDON TIPPELL as. its representative and RICHARD POPE as its alternate repre- sentative.. CHI'. initially designates JACK DANGELO as its representative and "' DAVID JACKSON' as its' alternate representative. Subject to the foregoing, th~ day-to-day manage- ment and operation of the Partnership and the obligation to do all things necessary to carry on its business and promote its purposes shall be vested in the Partners as follows: (a) CEI shall be responsible for land planning and the processing of all approvals necessary in order to develop the Property in accordance with the terms of this Agreement; (b) TW~ shall be responsible for construction engineering, construction management and Partnership accounting, The Partners shall be entitled to reimbursement for all costs incurred by them in the performance of their duties under- this Section (the "Reimbursable Costs"), together with an amount equal to fifteen percent (15%) of such Reimbursable Costs (the "Overhead Fee"). The Reimbursable Costs and Overhead Fee shall be payable by the Partnership to the Partner incurring such Reimbursable Costs UPOn written demand by such Partner, together with copies of invoices or other documents as reasonably necessary to evi- dence the expenditure of such Reimbursable Costs. 5.3 Limitation of Authority. Notwithstanding the foregoing, no Partner shall, without the prior written consent of the other Partner: 10. TAYLOR WODDROW HOMES CALIFORNIA LTD. NAME AND ADDRESS OF PERSONS EXECUTING THE AGREEMENTS TAYLOR WOODROW HOMES CALIFORNIA LTD. Mr. Richard E. Pope 3991 MacArthur Bivd., Newport Beach, CA 92660 COSTAIN HOMES INC. Mr. David B. Jackson 620 Newport Center Drive, Suite 400, Newport Beach, CA 92660 FAITHFUL PERFORMANCE BOND FOR EROSION CONTROL AND LANDSCAPE IMPROVEMENTS COUNTY OF RIVERSIDE STATE OF CALIFORNIA For: Erosion Control - Tract No. 22915-3 Landscape and Irrigation $127,000.00 Parcel Map No. Bond No. PB3001 14 74 surety American Home Assurance Company 3 Embarcadero Center Address Premium $1270.00 Princi o Costain Homes Inc.) 3991 MacArthur Blvd. ,~ Address City San Francisco, CA 94111 City Newport Beach CA 92660 Whereas, the County of Riverside, State of California, and TayCo (Joint venture of Taylor WoOdrow Homes & Costain Homes Inc.} (hereinafter designated as "Principal") has entered into, or is about to enter into, the attached Agreement whereby Principal agrees to install and complete the abl~l-~.)ignated erosion control, landscape and irrigation improvements, relating to 1 , which Agreement is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and American Home Assurance Company , as surety, are held and firmly bound unto the County of Riverside, in the penal sum Of One hundred twenty-seven thousand. Dollars ($127.000.00 ) lawTu] money of the United States, for the payment of which sum we]] and truly to be made, we bind ourselves, our heirs, successorS, executors and administrators, jointly . and severally, firmly by these presents. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand ~ to and abide by, and well and truly keep and perform the covenants, conditions and pro- visions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be-kept and performed at the same time and in the manner therein; specified, and in all respects according to their true intent and meaning, and shall idemnify and save harmless the County of Riverside, its officers, agents and employees, as therein stipulated, then this obligation ~ha]l become null and voidL otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. 284-44-1 tl/87 - The Surety hereby stipulates and agrees that no change, extension of time, alteration or' tdition to the terms of the Agreement or to the work to be performed thereunder or th specifications accompanying the same shall in any way affect its obligation on this bond, and it do~ hereby w~ive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code are not a condition precedent to the Surety's obligations hereunder and are hereby waived by the Surety. When the work covered by the Agreement is complete and the final planting inspection has been approved by the Building Director, the amount of the obligation of this bond is reduced by 90% with the remaining 10% held as security until the structure is occupied. In witness whereof, this instrument has been duly executed by the Principal and Surety above named on August 23rd. 1989 ' TayCo {Joint venture of Taylor Woodrow Homes & COstain Homes Inc.} NAME OF PRINCIPAC: 3991 ~acA T~oOo~r ~ e, , AUTHORIZED SIGNATURE (s): By Richard Pope, Vice President, ow Title n HomTe%tle Title NAME OF SURETY: . ' . e,~,~~ura/~ Company,3 Embarcadero Ctr. San Francisco, CA AUTHORIZED SIGNATURE: Am~ Re~e~G.~assel torney In-Fact Title (If Corporation, Affix Seal) ATTACH NOTORIAL'ACKNOWLEDGEMENT OF SIGNATURE OF PRINCIPAL AND ATTORNEY-IN-FACT Americkn Home Assurance Company Natiorml Union Fire Insurance Company of Pittsburgh, P& Pristine1 lORd Office: 70 PIne Sirel. New Y~tk. N.Y. 10270 POWER OF AI~rORNEY No, 03-B-OlO01 KNOW ALL MEN BY THESE-PRESENTS: ..... Thlt American Home Assurance Company, 5 New York corporation, and National Union Fire Insursnce Company of Pittsburgh, a Pennsylvania corporation. does esch hereby appoint ---gierre LeCompCe, N. Ovens, Renee C. BasselZ: o:E Ssn Fraacisco,. CaJ.~£ornia-'- its true ~nd bwful Attorney(s)-in-Fact, with full ~Jthority to m~.ecute on its behalf bonds, undertakings, recogniz~ces and ~ther con~racU of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insure Company of Pittsburgh, Pa. have e~c~ execute these presents Pres idenc STATE OF NEW YORK s& COUNTY OF NEW YORK } 4',' / o- ~,a 6 d,v w Nay - , State of California County of San Francisco OFFICIAL SEAL N. OWENS ClTf~TAR'( PUBLIC- CALIFORaI~ AND COUNTY OF SAN FRANCISCO My C0mmL~0n e ~res May 15 1990 ' X , 'IIIIIIIIIIIIIIIeeIIIIISHiiieiieeeSSSiiI~ ~,A.-00-9022 REO(5/88) 1M 55. On Auqust 23rd. 1989 a No~ry Public of said coun~ and sta~, Renee G. Basse]l and personally known to me to be the American Home Assurance Company · before me, the undersigned, personally appeared Attorney-in-Fact oi the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behaff of the Corpsrat{on therein named, and acknowledSed to me that such Corporation executed the same. NOTARY PUBLIC Msure~n P. TulIV, ,~r~tsry ~' ~ CITY OF T!iMECULA EROSION CONTROL, LANDSCAPE AND IRR IC, ATION FAITHFUL PERFORMANCE BOND 3SM 802 564 00 Premium: $1,905.00/2YR~ WHEREAS. the City of Temecula, State of California, and Costsin Homes, Inc. (hereinafter designated as "Principal" ) have entered into an agreement whereby Principal agrees to install and complete ce~csln designated acJrement, dated Erosion Control, Landscape & Irrigation Tract No. 22915-3 TCSD. made a part hfir~of: and WHEREAS, Principal Is required under the terms of the' agreement to furnish a bond for the FaltiTFul Performance of the agreement; public improvements, which said · 19 , 'end Identified as Project , is hereby referred to and American Motorists NOW. THEREFOR!c, we the Principal and Insurance Comoa_ny as surety· are held and firmly bound unto the City of Temecula. California. in the penal sum of $ 127.000.00 , lawful money of the One hundred twenty seven thousand and no/100 United State~. for the payment of such sum well and truly to b~ made, we bind ourselves. our heirs, successors. executors and administrators, jointly and s~verally. The condition of this obligation Is such that the obligation 'shell 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 tru|y k~p, and perform the covenants, c. qndltlons. and provisions in the agreefront and any alteration thereof made as therein provided, on his or their part. to be FORMS\SNG7 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 indennify and save harmless the City of Temecula, its officers, agentS_~ a_nd employ_see, as therein ~tipulated; 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 amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney~s fees, incurred by City In successfully enforcing such obligation, all ta be taxed as coats and Included in any judgment rendered, The surety hereby stipulates and agrees that no change, extension crtr time, alteration or addition to the term= of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this Instrument has been duly executed by the Principal end Surety above named, on .~av/4, , 19 9~, Seal ) ( Seal ) FOR!"IS\D'iG7 SURETY Areeric n Motor'sos Insurance INCIPAL C stain Homes Inc. Kipton Ke/ller, Attorney In Fact ~ Julia Newcomb Hill [ Name ) _ .. .( N,~e ~ ............. ALL-PURPOSE ACKNOWLEDGMENT State of CAT.ZFO&_NIA Dounty of :LOS ANG~r.ES i',4AYzl 199a On personally appeared before me, KIHBERLY A. BADARACCO, A NOTAEY PUBLIC KIPTON EELLE~ NAME(S) OF SIGNER(S) personally known to me - OR - [] proved to me on the basis Of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged'to me that he/she/they executed I the same in his/her/their authorized I ~:IMBERLY A. BADARACC0 capacity(ies), and that by his/her/their ~ C0,%.I. #965838 ~ signature(s) on the instrument the person(s), i NOT;$;Y FU'_LI3-CALIFORN* 0 LC,3 A::2=LE3 ~ ~A My Cornre. ED. May 8, 996 or the entity upon behalf of which the person(s) acted, xecuted the i rument. CAPACITY CLAIMED BY SIGNER ['} INDIVIDUAL(S) [] CORPORATE OFFICER(S) Tm.E(S) [] PARTNER(S} ~{~ ATTORNEY-IN-FACT [] TRUSTEE(S) [] SUBSCRIBING WITNESS [] GUARDIAN/CONSERVATOR [] OTHi=R: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IE$) AMERICAN MOTORISTS D~'SUEABCE COI~AI~ SIGNATURE OF NOTARY ATTENTION NOTARY: Although the Information requested below is OPTIONAL. it could prevent fraudulent attachment of this certificate to unauthonzed document. ~,~, THIS CERTIFICATE Title or Type of Document BOND MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above xxxxxxxxxxxxxxxxx2~xx ~ 1991 NATIONAL NOTARY ASSOCIATION · 8236 Reinreel Ave. · P.O, Boz 7184 · Cano~a Paf~. CA 91304-7184 FC~MS\ENG7 AMEKICAN MOTOEISTS INSURANCE COMPANY Hone 0ffioe: Loc~ OPove, lh 60049 PO~,E O1~ ATTOENEY Know All Men By These Presents: That the A~sric~n Hot·rests lnsuPsnce Company, · corporation oPganized end existing under Illinois· ~nd having its principal office in Long GPove, Illinois· does Kipton Keller of Los Angeles, California its true and lawful agent(s] and m~torrwy(s)-in-fect, to sake· axecuts, el, and deliver during the beginning wi~h the date of issuance of this powe. and ending Dec·abet ~1· 199~· unless sooner Pereked for and on An~ and all bonds and undertakings rovided the amount of no one bond or under~ak!nX exceeds 1~/0 HILLION FIVE HUNDEED THOUSAND DOT.T.&ES (~2,500,000.00)~~~ EXCEPTION: NO AUTHORITY is 9r~ntsd to make, execute· seal m~d deliver any bond or undertaking which guarantees the payment o~ collection of ~ny p~omissory nots· check~ d~aft oP letter of This authority does not perknit the same obligation to be s~lit into two or mo~ bonds in or~e~ to bring each such bond within the dollaP limit o~ a~thority ·s set forth This appointment m·y be revoked st ony time by the American Hot·rests Insurance The axecut·on of such bonds ~nd undertakings in F~rsuancs of these pPessnts all be ms binding t~on ~he said American Notedisis insurance Cos~a~y as ~ully and eatply to all intents and ~r~ooes· ms tf the same had b4m~ duly executed and ·cknowledged by its rfgularly ilected off··aPe at its principal off·o· in Long Grove· Illinois. THIS APPOINTMENT SHALL CEASE AND TERNINATE ~ITHOUT NOTICE AS OF DECENBER Sl· 1994. This Power o~ Attor~'~y is executed by authoPity of a Pesolution adopted by the Ex·sutiv· Committee o~ ~he Boer Directors o~ said American ~otorists Insurance Company on February 2~ 1988 at Long 2r~ova· Illinois· · tr~m and accur~at· copy o~ which is hePeina~t·~ set forth and is hereby certified to by the undersigned $4cPet·ry ·s being in full fo~ce and ~VOTED, That the Chairman of the Boer~· the President, or a~y Vice P~eside~t# or their ap~ointeas designated In w~i~ing and ~iled with the S~cPmt·,y· oP th~ S~cP·ta~y shall have the power m~d authority to ~point ·gen~s a~tor~eys-in-~act, and to authorize them to execute on behalf of the Comparlyj s~d ·ttach the seal of the CoKeany the~eto~ bonds and undertakings· Pecogniza~oes· contracts of indemnity and othe~ writings· obligatoPy in the nature ~hereof, and any such officers of the Company may appoint agents for acceptance of p~ocess.' This P~we~ o~ Attor~ney is signed· sealed and certified by facsimile under a~d by authority of the ~ollowing ~ssolu~ion adopted by the Executive Committee o~ the Board of DiP·croPs o~ the Company at · meeting duly eelled end helC on the 2~d day of February· 1988: ~VOTED~ That the signature of the Ci~innan o~ ~he Boa~d· t~e PPesidant~ an~ Vice Pr~sidant# or ~hei~ appointees designated in writing a~d ~il·d with the S4cr~·Py~ ~nd the sign·tufa of the S~crat·ry· the seal of the Company, certifications by the Secr~taPy· may be affixed by facsimile on any power of attorney or bo~d executed pursuant ~o ~esolution adopted by the Executive Commi~ts· of the Board of Directors on FmbMry 2~, 1988 and any such poweP so executed, sealed and caPtidied with r~spect to any bond oP undertaking to which it is attached· shall confirms to be valid and binding upon the In Testimony WhePeo~· the American Hot·fists Insur~a~ce Company has caused this instrument to be signed and its co~po~a~e seal to be affixed by its a~thoPized officers· this O1 day of January · 199q . Attested end Certified: F.C.HcCullough, Secretary AHERZCAN HOTORZSTS INSURANCE COHPANY J.$.Kemper,llI,Senlor Vice Pr. ,~ (OVEX) .TE OF ZLLZNOZS SS COUNTY OF LAKE . --- I, Harilyn L. Riley· · Notary Public· do hereby certify thet J. S. Kmeer, Ill and F. C. HcCullough personally known to me to be the same persons whose names ape respectively as Senior Vice President and Secretary of the American Hotorists Insurance Company# 8 Corlmoretion of the State of llXinois, subscribed to the foregoing instrument· appeared before me this day in person and severally aoknowXedged that they being thereunto duly authorized signed,' sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corpopetio~ and as their own free and voluntary act for the uses and purposes therein set forth. expires: 4 "OFFICIAL S~" 4 Marilyn L Riley 4 Nmq Public, Sti~ d Illinob 4 My ~mis~ bpifu 4~t~ L. lileyJ Notary Pub s - CEETIFICATION of Attorney dated January 1, 199~e on behalf of the person(s) as listed on the reverse side is a '-ue and correct copy end that the same h~s been in full force and effect since the date thereof and is in full ce and effect on the date of this certificate; and Z do further` certify that the said J. S. Keeper· lIT and F. C. .;uZlough who executed the Power' of Attorney as S~nior Vice Pr'esident ~ Slcretlr'y r'espectively were on the data of the execution of the attached Power' of Attorrmy the duly elected Senior' Vice President and Secretary of the American Hotor'lets lnsur'ance Company. IN TESTIHONY WHEREOF, I have her'eunto subscribed my name and affixed the carporate seal of the American Hotorists Insurance Company on this day of * · 19 N,J,Zertda# Irmts~ This Power of Attorney limits the acts of those named therein to the bonds amd ~f~der'takings specifically rmmed therein, and they have no author'lay to bind the Compeny except in the manner and to the extent herein stated. FH 836-5 6-92 1H Power of Attorney - Term PRZNTED ZN U.S.A. ...... CITY OF TEMECIL~ PARKLAND / LANDSCAPE IMPROVEMT-~ AGREEMF, NT DATE OF AGRh'~kfKNT: May 6, 1994 NAIVEE OF SUBDIVIDEI~ Cosrain Homes CRcfcr~d to as "SUBDIVIDER") NAMB OF SUBDMSION: vintage wills ~cfcrr~d to as "SUBDIVIDER") TRACT NO.: 22915-3 TENTATIVE MAP RESOLUTION OF APPROVAL NO.: 22915-3 0~eferred to as "Resolution of Appmva/") PARKLAND IMPROVEM]=~NT PLANS'NO.: (Referred to as "Resolution of Approval") ESTIMATED TOTAL COST OF PARKLAND IMPRO~S: $ Complete COMS?LETIONDATE: Scheduled to be accepted in July 1994 NA/vEE OF SURETY AND BOND NO. FOR LABOR AND MATERIALS BOND: 7 NAME OF SUREFY AND BOND NO. FOR FAITKFUL PERFORMANCE BOND: American Motorists Insurance Company 3SM 802 564 00 NAME OF SURETY AND BOND NO. FOR WARRANTY BOND: This AgTeement is made and entered into by and between the City of Temecula, CMifomia, a Municipal Corporation of the Stare of C~lifomia, hereinafter referred to as CITY, and the SUBDIVIDER. A. SUBDIVIDER has presented to crrY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of Cal{for~{~ and the CITY ordinances and regulations relating to the filing, 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 Agrr, emen[ as the "Subdivision Laws." B. A tentative map of the SUBDM SION has been approved, subject to the Subdivision Laws and to the requirements and conditions 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 Par -kland 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/Landscape 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 required by City in connection with proposed subdivision.. Subdivider has secured this agreement by Parkland/l-'mdscaping Improvement Security required by the Subdivision Laws F~ie: R:~Cof~Wr~jrecleco~Q, 2 and approved by the City Attorney. The term 'Parkland" includes landscape areas intended to be maintained by the Temecuh 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 ffie in the Office. of the Director of Community Services and are incorporated into this Agreement by thi.~ 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 Ag~.ement. 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 ParklandYLandscape Improvement Plans have been prepa4-.ed 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,SUBDMSION, 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 its obligations under this Agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of Parklandfi-'~ndscape Improvements by the Completion Date. CITY File: shall be entitled to all remedies av~ihble to it pursuant to this Agreement and the Subdivision 12ws 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 SUBDM SION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of NOW, ~ORE, 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. SUBDIVIDER'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 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 Impwvement 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 stan~h.rds. d.' Except for easements or other interests in real property to be dedicated to the homeownen association of the SUBDBrISION, acquire and dedicate, or pay the cost of acquisition by CITY, of all fights-of-way, easements and other interests in real property for consUuction or installation of the ParklandJ'Landscape Improvements, free and clear of all liens and I~lw: I~:~or, r~drU,~nllmcD~ 4 encumbrances for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-sit6 tights-of-way, easements and other interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Acquisition and Dedication of Easements 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 rights-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 appmved 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 SUBDIVIDEI~. 3. Security. SUBDIVIDER shall ~t all times guarantee SUBDIVIDER'S performance of this Agreement by fumishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms appmved by CITY for the purposes and in the mounts as follows: File: a. to assure faithful performance of this Agreement in regard to said improvements in and mount 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 hbor materials for Parkland/Landscape Improvements required to be constructed or installed pursuant to thi.~ 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 material~ furnished in the additional mount of 10% of the estimated cost of the ParHand Improvements. The securities required by this Agreement shall be kept on f~e with the City Clerk. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this Reference. If any security is replaced by another approved security, the replacement shall be fried with the City Clerk and, upon ~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 % of the original estimated cost if the improvement, which are mutually agreed upon by the CTrY 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 ~le: P,:'~Cor~4slr~ervluc~ ~ improvement, SUBDIVIDER shall pwvide impwvement security for faithful performance as required by Paragraph 3 of tM.~ Agreement for 100 % of the total estimated cost of the improvement as changed, altered, or mended, 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 vdth 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. 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 Service's authorized rep.resentadve. 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 File: R:~(::or~-~elr~..el~xlK~ 7 Services shall certify the completion of the Par~Jnnd/Landscape Improvements to the Board of Directors. b. SUBDIVIDER shall continue to maintain the Parkland/Landscape Improvements for ninety (90) days after they have be~n certhqed completed. No improvements shall bc f'mally accepted unless the maintenance period has expired, and all aspects of the work have beeu inspected and determined to have bccn completed in accordance with the ParkJand/Laudscape Improvement Plans and CITY standards. certification. Release of Securities. SUBDIVIDER shall bear all 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 shall be released as follows: a. Security given for faithful performance of any act, obligation, work or Ageement 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 C0mmdnity 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 SUBDIVIDER; provided, llowever, that no such release shall be for an mount less that 25 % of the total Parkland Improvement SecuXity given for faithful performance of the improvement .work and that the security shall not be reduced to an mount less than 50 % of the total Landscape/Parkland Improvement Security given for faithful performance until expiration of the maintenance period and final completion and acceptance of the improvement work In no evem shall the Director of Community Services authorize a release of the Parkland/Landscape Improvement Security which would reduce such security to an mount below that required to guarantee the completion of the knpwvement work and any other obligation imposed by thi.~ Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons fixwishing hbor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an mount equal to the total claimed by all claimants for whom lien have been fried and of which notice has been given to the legishtive body, plus an mount reasonably 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 c|a~rns fried during the warranty period have 'been 'settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance o~all work and improvements by the City Council. e.' The CITY may retain from any security released, and mount suffxcient to cover costs and reasonable expense~ and fees, including reasonable attorneys' fees. 7. Injury to Public Improvements. Public Property or Public Utilities Facilities. SUBDIVIDER shall re'place or have replaced, or repair or have repairS, 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 sh~ll bear the entire cost of replacment or repairs of any and all public property on public utility property damaged or destroyed by mason of any work done. Under this a=~r~ment whether such property i.~ owned by the United States or any agency thereof, or the State of C~lifornia, 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 SUBDIVTDER"S expense, obt:~in all necessary permits and licenses for the construction and insmll:~tion of the improvements, give all necessary notices and pay all fees and taxes required bY law. 9. Default of SUBDIVIDER. 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 Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure any defect in the Parkl~nd/I.andscape 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 SUBDM SION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUB_ _DIVIDER'S_faH._ure to perform any other obligation under this AgP-,ement. b. The CITY reserves to itself all remedies available 'to it at hw or in equity for breach of SITBDIVIDER's obligations under this Agreement. The CITY shall have the right, subject to this section, to draw upon or utiliTe the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utiliT_e the security is additional to and not in lieu of any other remedy available to CITYL It is specifxcally recogaized 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 authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and ag'rees 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 utiliTe in File: Fl:XCo~-~etrU..st~iee~ ]. ], 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 SUBDM SION, or to rescind the approval or otherwise revert the SUBDM SION 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 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 SUBDIVEDER. 10. Waxx2ntv. SUBDIVIDER shall guarantee or warranty the work done pursuant to this AFeement for a period of one year after expiration of the maintenance period and final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. WherE. Parkland/Landscape 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 wan'anty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or File: R:XC:oN~elr'lLmrsclscl~i.B 1'~ caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulftll any of the requirements of this Agreement 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 CYrY option, to peffom 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 re!tuires repairs or replacements to be made before SUBDIVIDER can be notified, ~ may, in its sole discretion, make the necessary repairs or replacements or peffom the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. ..- 11. SUBDIVIDER 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. 12. Injury to Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall 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. are hereby assumed by SUBDIVIDER. All such risks shall be the responsibility of and 13. Other Ag, reements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parries, or from entering into agreement with other subdividers for the apportionment of costs 13 F~Io: Pt:',r..Oru',eleu"l~ilmcOeQ ~ 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. SUBDIVIDER'S Obli.-,ation to Warn Public During Construction. Until f'mal 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 by the City Council upon recommendation of the Director of Conunity Services after final completion and inspection of all Parkland/Landscape Improvements. The Board of Directors shall act upon the Director of Community Services recommendations within thirty (30) days from the date the Director of Community Services certifies that the work has fLually completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY.. 17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasionexi by reason of the acts or omissions of SUBDIVIDER, its agents. or employees in the performance of this Agreement. SUBDIVID]~ further a~s to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, li~bility or loss of any son, because of, or arising out of, acts or omissions or SUBDIVID~-.i~, 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/Lands~pe 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 pwperty 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 Parldand/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 SLrBDIVIDER submitted to the Director of Community Services before approval of the 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 SUBDIVIDER shall bd responsible for .all liability for the intent of this section that design and construction of the Parkland/Landscape Improvements installed or work done pursuant to this Ag, reement 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, re~,iewing or inspecting any work or construction. The improvement security shall not be required to cover the provision of this paragraph.' 18. Sale or Disposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. ff SUBDIVIDER sells the property or any portion of the property within the SUBD~SION to any other person, the SUBDrVIDER may request a novafion of thi~ Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations .under Paxagraph 17 for the work or improvement-done by SUBDIVIDER. 19. 20. Time of the Essence. Time is of the essence of this Agreement. Time for Completion of Work Extensions. SUBDIVIDER shall complete constructio'n of the improvements required by thi.~ Agreement no later than In the event good cause exists as determined-by the City Engineer, and if 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 SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this AFeement. The Director of Community Services shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER 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 SUBDIVIDER 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 organiTatlons, which prevent the conducting or work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completion. As a cdndition of such extension, the Director of Community Services may require SUBDIVIDER to furnish new security guanntccing 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. Peffomance by SUBDIVIDER of this AgTecmcnt 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 Agr~mcnt shall be in writing and delivered in person or sent by mail, 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 shall be-addressed as follows unless a. written change of address is fried with the City: Notice to CITY: City Clerk City of Tcmecula 43174 Business Park Drive Tcmccula, California 92390 Notice to SUBDIVIDER: Costsin Homes Inc. 620 Newport Center Drive, Suite #400 Newport Beach, CA 92660 Attention: Susan Lindquist 23. Scvcrabilitw. The provisions of this .A~'ecmcnt arc scvcmble. If any portion of this Agreement is ~held invalid by a court of competent jurisdiction, the remainder of the A~n'e, cmcnt shall remain in full force and effect unless mended or modified by the mutual consent of the parties. 24. Captions. The captions of this Agr~ment are for convenience and reference only and shall not def'me, 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 prev~{llng party shall be entitled to litigation costs and reasonable attorney's fees. 26. Incorporation of Recitals. The recitals to this agreement are hereby incorporated into the terms of this agreement. 27. Entire AgTeement. This Agreement constitutes the entire Agreement of the parties 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 parties. In the case of the CITY, the appropriate party shall be the City Manager. IN WITNESS WItEKBOF, this Agreement is exccutcd by CI1~, by and through its Mayor. CITY OF TEMBCULA Na/~c: Jul$~ ewcom Hill Title: President and Chief Executive Officer By: Mayor } STATE OF CALIFORNIA ~ }ss. COUNTY OF } r ' ' ' ~ C · ~~L~/'34~ personally known to me to m= nn the h-~ ef e3ti~3Cte~ ~dcnce) to be the pemon(s) whose name(s) ~are subscribed to the instrument an~ acknowledged to me that ~hey ex~uted the s~e in ~heir authorized ca~c~{ and that ~y hi=/h=r/their signature(s) on the ins~ment the pemon(s) or the enti~ upon behaff of which person(s) acted, executed the instrument. WITNESS my hand and official seal. ~ OtER, YL THIEL {This area for official notarial seal) By: Name: Director of Community Services APPROVED AS TO FORM: By: Scott F. Field City Attorney 19 EXI-IIBIT A (Attach the basis for the estimate of the cost of hnprovements.) TRACT NO. 22916-3 EROSION AND LANDSCAPE BOND NO. PB300 12 647 In consideration of the premium charged, it is understood and agreed that: Effective from the 31st day of December, 1993. THE OBLIGEE'S NAME IS HEREBY CHANGED: From: The County of Riverside To: The City of Temecula Provided, however, that the liability of the American Home Assurance Comnanv under the attached bond and under the attached bond as changed by this rider shall not be cumulative. Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements or warranties of the undermentioned bond, other than as stated above. Attached to and forming a part of Bond No. PB300 12 647 issued by the American Home Assurance CoreDany dated the 25th day of May 1990 on behalf of Tavco (joint venture of Taylor Woodrow Homes and Cosrain Homes) and in favor of County of Riverside. Signed this 5th day of April, 1994. TAYCO, a California general partnership (Taylor Woodrow Homes California Limited, a California Corporation and Taylor Woodrow Real Estate. A California Cornoration) Princip, al BY"e""~ J'I~' ~ American Home Assurance Company Surety POWER OF ATFORNEY Americrn Home Assurance Company .'~ational Union FL-e Insurance C_~mpany of Pittsburgh, Pa. Pnr, cipal Bond ofrk--t: 70 Pm¢ S~r~t, Ntw York, N.Y. 10270 KNOW kLL M'EN BY THESE PRESENTS: That Amcricaa Home Ar~urar~'.. C.~mrt-ny, ~ N~t, Yor~ e~rporation, and Netiot21 Union F'u'¢ !a~artm~ does each hereby ap.:x~int "' --- Richaxd R. H:rr'-~'--rE.: L L":.':z.~ LL:a LT;zgdon. Brian E. Gae-~-n: of. San Francisto, California--- its :r.~t and l,.~-{ul A:t~mc:'D)-ic--F~t. '.;; :~; fi:l! aut.%~n:y to cxr. cutc on itt behalf bc:m~. unck:r~*~in~x~ a.r. tognizane~ and other eoratract~ of h~cmnity and writings ebiigatc~ in the nature there. of, igaue.~ in th' course oi ,it bt~inexa, and to bind the ~iv¢ company the·-- prr. s~nts ST.-'.TE OF :,~,' Y.:).~i t COUN'Ef OF NE~.V YC-"~-: :~. bc/'c. rc me ea.".~e the aD.c'-= r,z.':~e-.~ olfic':r of .~,~iC,~.'1 cfEccr de.scni:.exl herr:n, ,Lr.,l ~c?..n~t-'~c~g'~'j tr-:t ;-,e e~.~21cA the forteeing ip. strumcnt Lnd s,"f'Lt~d -'.he seals ~f said thereto by aulnCr:ty OC ~.L~ :r: .~Rei~t~or Vic~ P~ident E.xc~rpts of Kesotu:iof~ adopce. d by the Boards or Dircaor~ cf American Home Assurance Company and National Union Pil~ Insuralx~ Company of Pittsburgh, Pa. on May'IS. 197,6: · RESOLVED, t~st me Chairman of t}g Boar~, the Prtsident, or any Vice President be, aM her~ is, suthoriz~l to appoint Attomeyr,-in-Fact to t'epres~nt and act for and on behalf of th~ C_L,mF~ny to exr~utc bondz. undertaking, reeognianc~s and oligr controls of indemnity and writings oblig;~tory in the susture thereof. and :0 al~ch :herfro the CO.TL-~L: g..~al O~ the Com?~n:,, it, the trt:n-e..r, ction o( iu; surer)' b'usinex, s; · RESOLVED, that the --ignt:ur..~ ar.~ sa~tt.:k~. of such off'seers aM the seal of tP, e Coml~ny my be afrtxe~d to any such Po~,~r of Attorney or to stay certi~cafe relating thereto by fscswnik:, at~ -~,y such Poser of Attorney or eertirw. ate bearing such faeaimi~ sig~atu~$ or fs~r, imik gal shall be valid arid binding upon the Company when s~ affi.xc.d with r~t'e.c~ to an~ bond, under~.aking. recognizance or other c~ntraet of indemnity or writing obligatory in the ~atuR: · RESOLVED. that an}' $~,ch Auon~cy-in-Fact ¢leAivcring · secreutnal ccrtirw. ation that tht forethan{ rtsolutions still be in ¢ffext my inert in such c~rtification the date the reo(, said ate to be no; k.:--r a~n ',h,: C,L:¢ Of delvae.~' tbemf by such Attorncy-4n-Fsct-° I, Elizabeth M. TbcL Scc:.t-'~t.~. o5 Arficn=a.~ ||orne .d~ssuranc~ C_x>mpany aM of Nstional Unkm F't~ Insuran~ Company of Pittsburgh, P·. ~lo I~r~c~rtify that the foregoing ¢xctrpts of Kr..~utiona ~.~gw..~ by th" Bosrd~ of Directon ~- f.~ corporations, and ~ Po,s~rg of Attorney issued pursu,tat thereto, m true correct, and that both L~ P~.~lutk',.°-i t':.'.' t,"te Pcm,,¢.r~ o,I Atto:'~-'~, s~ in full fort~. arid IN WIT/'. ~ES S V, rHEREOF. i :..,,-- t~.-.,.,,to ,,:t my r.-,,.,d and .m,:.ea th¢ taa.mile gal of r. ach corporation TRACT NO. 22916-3 BOND NO. PB300 12 647 RIDER In consideration of the premium charged, it is understood and agreed that: Effective from the 31st day of December, 1993. THE OBLIGEE'S NAME IS HEREBY CHANGEDi From: The County of Riverside To: The City of Temecula Provided, however, that the liability of the American Home Assurance COmpany under the attached bond and under the attached bond as changed by this rider shall not be cumulative. Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements or warranties of the undermentioned bond, other than as stated above. Attached to and forming a part of Bond No. PB300 12 647 issued by the American Home Assurance Company dated the 25th day of May 1990 on behalf of Tayco (joint venture of Taylor Woodrow Homes and Costain Homes) and in favor of County of Riverside. Signed this 5th day of April. 1994. - ....... TAYCO, a California general partnership (Taylor Woodrow Homes California Limited, a California Corporation and Taylor Woodrow Real Estate, A California Corporation) By: ~]~ American Home A~suranc~ Companv Surety AGREEMENT FOR EROSION CONTROL AND LANDSCAPE IMPROVEMENTS This Agreement, made and entered into by and between t County of Riverside, State ~o~m~i~oF~es h~r~8~i:t~{" _c~t,~s,Co)~tcy:} and TayCo ~oi nt venture of Taylor · heroinafter called Contractor. 284-44 WITNESSETH FIRST: Contractor, for and in consideration of the issuance of grading and landscaping agrees, at Contractor's own cost a · o furnish all labor, equipment and material necessary to perform and complete, and within months from the date this agreement is executed, to perform and complete in a F2nd workmanlike manner· all those erosion control, ..landscape and irrigation improvements in accordance with those landscape and irrigation plans for the development of said land division which have been approved by the County Building. Director, and are on file in the Office of the Riverside County Building and Safety Department and to do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No, 457, as amended, which are expressly made a part of this agreement. All of the above required work shall be done under the inspection of and to the satisfaction of, the County Building Director, and shall not be deemed complete until approval of the final planting inspection is made by the Building Director. Contractor further agrees to maintain the above required improvements, following the approval of the final planting inspection, until the structure is occupied and, during this period to restore, repair or replace, to the satisfaction of the Building Director· any defective work or labor done or defective materials furnished. The estimated cost of said work and improvements is the sum of One hundred fifty-eight thousand. f~ve hun~rea--dollars ($158,500.00 ). SECOND: Contractor agrees to pay to the County the actual cost of such inspection of the works and improvements as may be required by the 8ui]ding Director. Contractor further agrees that if suit is brought upo, this agreement or any bond guaranteeing the completion of the landscape and irrigation improvements, all costs and reasonable expenses and fees incurred by the Cou,ty in successfully enforcing such obligations shall be paid by Contractors including reasonable attorney's fees, and that upon entry of judgment. such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. THIRD: County shall not, nor shall any officer or employee of County, be liable or responsible for any accident, loss or damage happening r occurring to the works specified ~ in this agreement prior to the completion and approval thereof, nor shall County or any officer or employee thereof, be liable for any persons or property injured by reason of the nature of the work, or by reason of the acts or omissions of Contractor, his agents or employees, in his performance of the work, and all of said liabilities are assumed by Contractor. Contractor agrees to protect, defend and hold harmless County and the officers and employees thereof.from all 1oss~' liability or claim because of, '~*_ or arising out of the acts of omissions of Contractor, his agents and employees, in the performance of this agreement, or arising out of the use of any patent or patented article in the performance of this Agreement. FOURTH: The Contractor hereby grants to the County, and to any agent or employee of the County, the irrevocable permission to enter upon the lands of the above referenced land division for the purpose of completing the improvements. This permission shall terminate in the even.t that the Contractor has completed the work within the time specified or any extension thereof granted by the Building Director. FIFTH: Contractor agrees at all times, up to the completion and approval of the final planting inspection by the Building Director, to.give good and adequate warning to the traveling public of each and every dangerous condition caused by the construction of * the improvements, and to ~rotect the traveling public from such defective or dangerous cond t ton s. SIXTH: The Contractor, his agents and employees, shall give notice to the Building Direc- tor at least 48 hours before beginning any work and shall furnish said Building Director all reasonable facilities for obtaining full information respecting the progress and manner of work. SEVENTH: If the Contractor, or his agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time as have been granted by the Building Director, or if the Contractor violates, neglects, refuses or fails to perform satisfactorily any of the provisions of the-plans and specifications, he shall be in d_efault of this Agreement and notice in writing of such default shall be served upon him. The Building 11/87 Director shall have the power ~o terminate all rights of the Contractor because of Such default. The determination by the Building Director of the question as to whether any of the terms of the agreement or specifications have been violated or have not been per- formed satisfactorily shall be conclusive upon the Contractor, and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing pro- visions of this section shall'.be in addition to all rights and remedies available to the County under law. _ ___ EIGHTH: The Contractor agrees to file with County prior to the date this agreement is- executed a good and sufficient improvement security in any amount not less than the esti- mated cost of the work and improvements for the faithful performance of the terms and conditions of this agreement and Contractor further agrees that if the improvement security is a bond and if the sureties on the faithful performance bond or the amount of said bonds in the opinion of the Building Dtrector becomes insufficient, Contractor agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten days after being notified by the Building Director that the sureties or amounts are insufficient. Notwithstanding any other pro- vision herein, if Contractor falls to take such action as is necessary to comply with said notice, he shall be in default of this Agreement unless all required improvements are completed within 90 days of the date on which the Building Director notified the Contractor of the insufficiency of the sureties or the amount of the bonds or both. NINTH: It is further agreed by 'and between.the parties hereto, including the surety or sureties on the bonds securing 'this agreement that, in the event it is deemed necessary to extend the time of completion of the work contea~olated to be done under this agreement, extensions of time may be granted from time to time by the Building Director either at his own option or upon request of the Contractor, and such extensions shall in no way affect the validit) of this agreement or release the s~rety or suretie~ on said bonds. Contractor further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this agreement, including any extensions of time as may be granted therein. TENTH: It is understood and agreed by the parties hereto that if any part, term or prov- ision of this Agreement is by the courts held to be unlawrful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. ELEVENTH: Any notice or notices required or permitted to be given pursuant to this agree- ment shall be served on the other party by mail, postage prepaid, at the following ad- dresses: County Contractor Director of Building & Safety TayCo (joint venture of Tayl or County of Riverside Woodrow Homes & Costai n Homes, Inc ) County Administrative Center ' 4080 Lemon Street - 2nd Floor 3991 Mac Arthur B1 vd., Riverside, CA. 92501 Newport Beach, CA 92660 IN WITNESS WHEREOF Contractor has affixed his name, address and seal. Dated: ~ "cY'C~' ~ ~ . ° Court Riverside ATTEST: Gerald A. Haloney Clerk By Deputy Building Director President Approved as to Form: . Gerald J, 6eerlings, Count Counsel -BS~GNATURE _ BE WITNESSED BY NOTARY AND EXECUTED. IN DUPLICATE FAITHFUL PERFORMANCE BOND FOR GRADING PROJECTS AND/OR EROSION CONTROL - LANDSCAPE IMPROVEMENTS Bond No. PB30012647 GPADING Premiuan $1.585.00 Rough (US) $ Surety Am. Home Assurance C0. Precise (US) $ Address 3 [mbarcader0 Center EROSION-LANDSCAPE (US) $158,500.00 San Francisco, CA 94111 Total (US) $ TayCo (joint venture of layl or Principal W0odr0w & Costain Homes) TRACT/PARCEL MAP NO. : Tr 22916-3 Address 3991 Mac Arthur BIrd. OTHER PROJECT.NO. : Newport Beach. CA 92660 of California, W~nereas, the County of Riverside, State TayCo (joint venture of Tay]0r W00dr0w Homes & C0stain Homes. Inc.) hereinafter designated as "Principal" and other-wise know aS "Landowner" in the heroin referenced Agreement(s) have entered into, or are about to enter into, the attached Agreement(s) whereby Principal agrees to perform certain work relating to the above referenced tract, parcel map, or other project, which Agreement(s) is/are hereby referred to and made a part hereof; and W~EREAS, said Principal is retired under the texans of said Agreement(s) to furnish a security for the faithful perform&mce of said Agreement (s) . NOW, THEREFORE, we the Principal and American Home Assurance COmpany as surety, are held and fi~nly bound unto the County of Riverside (hereinafter .County"),in the penal sum of be hundred fifty-eight thousand, five hundred- Dollars (US $ 158,500.00 ) lawful money of the United States, for the payment of which sum well and truly-to be made, we bind ourselves, severally, firunly by these presents. and · The conditions of this obligationis such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement(s) and any alteration thereof made as therein provided, on his or their part, to be kept and performned at the time and in the manner therein specified, and in all respects according to their tr~/e intent and meaning, and shall idemnify and save harmless th~ County, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. 284-44-2 Rev. 10/89 The Surety hereby stipulate and agrees that no change, extension of time, alteration-~r-addition to the terms of the Agreement(s) or to the work to be performed thereunder or the specifications accompanying the seane shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement(s) or to the work or to the specifications. Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code are not a condition precedent to the Surety's obligations hereunder and are hereby waived by the Surety. When the rough or precise grading project elements captioned above are completed, and upon acceptance thereof, the Building Director of the County shall authorize the release of the appropriate amount of this security. When erosion control - landscape improvement work covered by the Agreement is complete, the Building Director of the County will accept the work and thereupon the amount of the obligation of this security for said work is reduced by 90% with the remaining 10% being held a~ security until the occupancy of any structure(s) is permitted. In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on MaT 25 , 1990 . NAME OF PRINCIPAL: TayC0 (joint venture of Taylor W00dr0w Homes & Costain Homes Inc.) AUTHORIZED SIGNATURE (S) By: 1 /~' ' · n . Pope Til ~ Title (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: American Home Assurance COmpany AUTHORIZED SIGNATURE: ~~ I~ Pierre Le Compte, -in-Fact Title ( IF CORPORATION, AFFIX SEAL) (ATTACH NOTARIAL ACKNOWLEDGEMENTS OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.) FORM Appf~:)VE D' COUNTy COUNSEL Amqrican Home Assurance Compan~ Netm~al Union Fire Insurance Company of Pittslxargh, Pa, pt~.q<~,p.-| le,~l Olfk:e: ?0 PIne Street. New Y~rt, N.Y. 10210 POWER OF ATTORNEY No. 03-B-OlO01 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company. a New York corporation. and National Union Fire Insurance Company of Pittsburgh. Pa.. a Pennsylvania corporation, does each hereby appoint ---Pierre LeCompte, N. Owens, Renee G. Bassell: of San Francisco, California--- its true and lawful Artorney(s).ir~Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these present~ this 6 day of Hay Edvarrd J. Fr~'ch, Vice 'President STATE OF NEW YORK COUNTY OF NEW YORK On this 6 day of HaY ' ,19 87 before me came the above named officer of American Ho~ne Assure CoreDany and National Union Fire Insurance Company of PiUlburgh. Pa.. to me personally known to be the individual officer described heroin. and ecknce4edged that he executed the foregoir~ ir~ttrurnent ~ affixed the tells of Mid coqxxationl thereto by authority Of h~ Offic~ CERT! FICATE Excerpts of Resolutions adopted by the Boards of Directon of America~ Home Assurance Company and National Unio~ Fire Insurance Company of PiU~burgh. Pa. on May 18, 1976: "RESOLVED that the Chairman of ~e BoatcL the President ot any Vice President he, and heretW it authorized to appoint Attorneys-in-Fact to Jrepreent Ittd'lct fOr and on behalf of The Company to exect;ts bonds, undertakings, recognizances and other contrecta of indemnity end'writings obI Niatory in the naNre Thereof. and to attach thereto the corporate ml of the Cornpiny, in The nnsaction of its surety "RESOLVED, that the s4gnitures and/~lestations of f4Jch oflicmn and the seal of the Company may be affixed to lny Ijch PolNlf of ATTOrney Of tO. any cenificatm relating mereto by IN:simile, and any mjch Povvw of Attorney or certificate beatirNg such f~csimile I~gnamre~ Or facsimile semi vivid ,nd binding upon the Corrtpeny when so affixed with rlq:~cl to ,ny bond, under~kin~, recognizance Or oTher contrect obligatory in the nature "RESOLVED. that any mjch AttOrney-in-Fmct delivering · secretarial cenilicltion thlt the foregoing rlsolutions Itill be in effect may insert in leach rmrtificmtmn the datl thereof, laid date to be not Iltlr thin the dam of delivery thereof by roach AttOrney-~n-Flct.'° I, Maureen P. Tully, Secretary of American Home Assurance Com~)any and of National Union Fire Insurance Company of Pin~burgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corpors- tions, and the Powers of Attorney issued punuant thereto, are true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile sad of each corpora6on ?'t240 (9/85) this 25chlav of Hay .19~_0. Meuraen p. Tullv, Secretary T CITY OF TEMECULA EROSION CONTROL, LANDSCAPE AND IRRIGATION FAITHFUL PERFORMANCE BOND ash 802 565 oo $2,378.00/2 YRS WHEREAS. the City of Temecula. State of California, and Cos cain Homes, Inc. (heroinafter designated as "PrintSisal") have entered into an agrc~--nent whereby Principal acJree~ to install and complete ceiLsin designated public improvements. which said agreement, dated ,19 , and Identified as Project Erosion Control, Landscape & , is hereby rdrerred to and WHEREAS, Principal Is required under the terms of the agreement to furnish a bond for the Faithful Performance of the agreement: American Motorists NOW, THEREFORE, we the Pr~nc~pe~ end Insurance Company as surety, are held and firmly bound unto the City of Temecula. California. in the penal sum of $ 158,500.00 , lawful money of the One hundred £i£cy eight thousand £ive' hundred and no/ZOO United States. for the payment of such sum well and truly to be made, we bind ourselves. our heirs, su~rs. executors and administrators, jointly and sever211y. The condition of this obligation Is such that the obligatlon 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 end truly keep, and pertom the covenants, conditions. and provisions in the agreement and any alteration thereof made ea therein provided, on hie or their pert. to be FORNS\ENG7 kept ancz ~erformed at the time and in the rr~nner 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, ages.re. and employees, as therein stipulated: otherwise, this obligation shall be end ternsin in full forte and effect. As a part of the obligation secured hereby and in addition to the face mnount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable ettorney's fees. incurred by City in succuduily enforcing such obligation. all to be taxed as cost~ and includ~cl in ~ny judgment r~nclered. The surly hereby stipulates and agrees that no change, extension af tim, alterotion or eddltion to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the sam shall in any way/feat its obligations on this bond, and it does hereby waive notice of any such chBnge. extension of time, alteration or addition to the term of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this Instrument has been duly executed by the Principal and Surety above nm~eci, on May 4, . 19 94 ( Seal ) ' ( Seal ) FO~\I~7 ' eAm~can otis s Insurance Company : By: Ki.oton Keller, Attocney In Face (NAf118) ( i ]tie) PRINCIPAL CostBin Homes, Inc. | Name) President and Chief Kxecutive Officer ( Till · | Brent C. Anderson (Name) ALL-PURPOSE ACKNOWLEDGMENT NO~ State of CALIFORNIA ., CAPACITY CLAIMED BY SIGNER Cbunty of LOS ANG'FTr. ES F! INDIVIDUAL(S) ':" 'r ,:~ ~:, !'1 CORPORATE On before me, Fa3BERLT A, BADAP, ACCO, A NO'tART FOBI.,~C OFFICER(S) DATE NAME Trrt,E OF OFFICER - F_G.. 'JANE DOE NOTARY PUBLIC' TrR,E($) r-I PARTNER(S) pe.'sonally appeared KIPTON ]rRTr.T.'EIR ~ ATTORNEY-IN-FACT NAME(S) OF SIGNER(S) ' [] TRUSTEE(S) ~ Demonally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are [] SUBSCRIBING WITNESS · subscribed to the within instrument and ac- [] GUARDIAN/CONSERVATOR :'; knowledged to me that he/she/they exeCUted [] OTHER: ~ '~',,:~..~',' K~MBER~¥A.~ADARACC0 ~ the same in his/her/their authorized -' i c0~'.:..1 (:~5s38 o capacity(tee), and that by his/her/their .:. "~ :Tj, f; ~ .., signature(s) on the instrument the person(s), ~ ~¢~"':"-'.',.L", NOTARY FL:ZLi"-GA~-IFO ~A DO "M, %~m~T:~.~,2°~.' ,99e I ortheentityuponbehalfofwhichtheperson(s) SIGNER IS REPRESENTING: .. NAME OF PERSON(S) OR ENTITY(IE$) !,. acted, executed the i strument. ' i INSICE CO)~'~1I SIGNATURE OF NOTARY ii ATTENTION NOTARY: Althougl~ the information requested below es OPTIONAL jt COuld prevent fraudulent attacfiment of this cerlificate to unauthorized document. / THIS CERTIFICATE Title or Type of Document BOND MUST BE ATTACHED :;~ TO THE DOCUMENT Number of Pages Date of Document !:! DESCRIBED AT RIGHT: Signer(s) Other Than Named Above xxxxxxxxxxxxxxxxxxxx ., ~_: .... :--.----.--,:~--:_-,,:_~__-_:__-,.-;:.~..,,: . ¢ 1991 NATIONAL NOTARY ASSOCIATION · 8236 Reinram Ave. · P.O. Box 7184 · ~lnoga Park, CA 91304-7184 FORNS\ENG7 'A/~R/CAN MOTORISTS [NSUKANCE COMPANY Nome Office: Long gr~ve, IL i, eO~,") POWEK OF ATTOENEY Know All Men By 'These PreS~ait~: That the Amsricsn Hotorie~s Insurerice Coraltony, m corSmrstio~ orgmnized end existing under the 1s~s of the StBte of Zllinois, ~nd h~ving its principal offic,s in Long Grove, Zllinois, do~s hereby m~9oint Kipton Keller of Los Angeles, California AAAAAAAAAAAAA its true and lawful at(s] and mttorney(s)-in-fmct,, tomeke, execute, seal, and deliver during the period beginning with the date of issuance of this ~x~wer end ending ~r S1, 19~+, unless sooner revoked for and its behalf as surety, and as its act and deed: Any and all bonds and undertakings rovided the amount of no one bond or undertaking exce~s TWO HILLION FIVE HUNDEED THOUSAND DOLLARS ($2,500,O00.O0)~AX~A~A~** EXCE?TION: NO AUTHORITY is granted to make, execute, se~l end deliver any bond or undertmkine whic~ guarantees the payment or collection of ~ny promissory note, c~eck, draft or letter of credit. This authority does not permit the s~me obliemtion to be s~lit into two or more bonds in order to bring each such bond within the dollar limit of mutherity ms set forth herein. This appointment m~y be revoked st ely time by the American Herofists Insurance Company. The execution of such bonds end undertaings in pursuance of these presen,s s~mll be ms binding Won the American Hotcrisis Insur%nce Company as fully end m~ly to all intents ~nd purposes, ms if the s~me had been duly executed and acknowledged by its roeulmrly elected officers mt i~s principal office in Lime Grove, Illinois. THIS APFOINTNENT SHALL CEAS[ AND TEK~INATE WITHOUT NOTICE AS OF D~C[NB~ ~1, 1994. This Power o~ Attorney is executed by mu,~Mmrity of m resolu,ion adopted by the [xecutive C~mmittse of the Boat Directors of said American Hotcrisis Insurance Compimy on February 2~, 1988 at Lone Grove, Illinois, · true ~nd accu~te copy of which is hereinmfter sat forth end is ~ereby certified to by the ~w~ersigned Secretary ms being in ~ull ~oree ~nd effect: "VOTED, That t~e Chairman o~ the Board, the ~resident, or ~ny Vice President, or their m~wmintees designated in writing ~nd ~iled with the Secretwry, or the Secretary s~mll have the power end muiberity to mp~mint scents atiorneys-in-fect, and to ~utborize them to execute on beh~l~ of the Company, and attach the seal of the Company thereto, bonds end undert~kines# recognizances, contracts of indemni,y end other writings, obligatory in the nature thereo~, ~nd any such officers of the Company may ~oint ·eents for acceptance of process.~ This Power of Attorney is started, sealed ~nd certified by facsimile under ~nd by authority of tho following resolution. ~dopted by the Executive Committee o~ the Board o~ Directors of the Company st e meeting duly called held on the 35rd day o~ Februare, 1988: "VOTED# That the sienature of the Chairman of the Board, the President, any Vice President, or their designated in wriline end filed with the Secretary' sod the signature of the Secretary, the se·l of the Company, end certifications by the Secretary, m~y be affixed by f~csimile on ~ny power of attorney or bond executed ~ursu~n, resolution ~iopted by the Executive Coemnittme o~ the B~mrd of Direc{or$ on Febfiery 21, 1988 m~d my such power executed, sealed ~ certified with respect to imy bond or undertaking to which it is attached, sh~ll continue to be valid and binding u~on the C~mpmny." In Testimony Whereof, the American Hotcriers Insurance Company has c~usod this instrument to be signed ~nd its corporate seal to be affixed by its muthorized officers, this O1 day of J~wary , 1994 . and Carttfiod: F.C.HcCullouDh, Secretary AFIERICAN HOTORISTS INSURANCE COHPANY (OV'F_.X) .E OF ZLLZNOZ$ $S COUNTY OF LAKE -'- I, Harilyn L, Riley· · Notary Public· do her·by certify that J. S. Kemp·r# Ill ~nd F. C. ~cCullough personally known to me to be ,ha same persons whom· names ale lespectiveZy ms Senior Vice Pies,dent end Seal·,spy of ,ha American Hotorists Insurance CompBny, · Cotpole, ion of the State of Ill,re,s, subscribed to the foregoing instrument, appeared before me this day in person ~nd severally moknowiedged that ~hay being thereunto duZy muthorlzed signed, sealed with the corporate ce·l end dolivered the rid ins, Pure·fit ·s the free end voZuntary act of said cotpore,ion and as their own free and voltm~tmry ~ct for the uses end purposes ,hal·in set forth. fly omZsslon expJles: 4.-")-")6 4 "OFFICIAL SEAL" 4 Marilyn L Riley 4 Notary Public, State of |llinall 4 My Commismmm Expires 419~6 CERTIFICATION I, N. J. Zarada, Secretary of the, American Hotor,st· Insurance CompBny, do hereby certify ,hat the 8~tached Powmr of Attorney dated January 1· 199~ on behalf of the person(s) ms ~' · and correct copy and thai the sane h~s been in fulZ force and effect since ,he data ,hereof ~nd is in full e and effect on the date of this certificate; and Z do further certify that the said J. S. Kemp·r, ZZZ 8nd F. C. s.__ullough who executed the PoWer of Attorney as Senior Vice President and Secretary leapactively ware on the dote of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Hotor,st· ZnsuPBnce Company. TN TESTZHONY WHEREOF# T have hereunto subscribed Ily r~me and affixed the corportte ml of the AmericBn .otorist. Znsurance Company on this day of ~AY ~ 199/1 N.J.Zmrmdm, Secretary This Power of Attorney limits the acts of those named thars~n to the bonds and mameimr,mkings specificrally named therein# and they have no authority to bind the Company except in the manner and to the extant her·in stated. FH 836-$ 6"92 IH Power of Attorney - Term PRZNTED IN U.S.A. ITEM 5 APPR~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: PREPARED BY: RECOMMENDATION: Adopt a resolution entitled: CITY OF TEMECULA AGENDA REPORT Board of Directors Ronald E. Bradley, General Manager June 14, 1994 TCSD Proposed Rates and Charges for Fiscal Year 1994-1995 (~ ~'beryl Yasinosky, Management Assistant · That the Board of Directors: RESOLUTION NO. CSD 94- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR COMMUNITY SERVICES, PARKS AND RECREATION, STREET LIGHTING, SLOPE MAINTENANCE, RECYCLING AND REFUSE COLLECTION SERVICES, AND' S,TREET AND ROAD IMPROVEMENTS FOR FISCAL YEAR 1994-1995. BACKGROUND: The purpose of the TCSD Rates and Charges is to provide necessary community services and programs to property owners within the City of Temecula. The TCSD is currently comprised of six (6) city-wide service levels and are identified as follows: 2. 3. 4. 5. 6. Community Services, Parks, and Recreation. Service Level A - Arterial Street Lighting and Median Maintenance· Service Level B- Residential Street Lighting. Service Level C - Perimeter Landscaping and Slope Maintenance. Service Level D - Recycling Program and Refuse Collection. Service Level R - Streets and Roads. R:~YABINON~CED.CHG 0~19M The formula used to levy the rates and charges has not been changed from last fiscal year. Every non-exempt parcel within the City will receive a rate and charge for two (2) service levels: ComrnU'nity Servic~s;'Parks, and Recreation, and Service Level "A". Only those property owners who receive benefit from three (3) service levels pay for those services (residential street lighting, slope maintenance, and recycling and refuse collection). No rates and charges are proposed for Service Level R. For a single family residence, the proposed rate for Community Services, Parks, and Recreation is 967.50, an increase of 93.30 for the year. This increase is due to the expansion of community recreation facilities and programs which include the Temecula Community Recreation Center and the Old Town Temecula Senior Center.. Furthermore, new additions to the city-wide park system include John Magee Park (1 acre), Loma Linda Park (2 acres), Kent Hintergardt Memorial Park (9.2 acres), Paloma Del Sol Park (9.1 acres) and Riverton Park (5 acres). For Service Level "A", the proposed rate of 94.18 for a single family residence will not increase from East year. Service Level "B" includes only those property owners within residential subdivisions that have street lighting services. The proposed rate of 926.30 per property owner represents a decrease of $4.58 from last year. Service Level "C" includes only those property owners within residential subdivisions receiving TCSD maintenance of slopes and perimeter landscaping. Due to the acceptance of additional parcels into the maintenance program, some property owners will be included into lower rate levels beginning this fiscal year. In addition, the four (4) rate levels for Service Level "C" have been reduced 94.00 from last year and are identified as follows: Rate C-1: 946.00 Rate C-2: 989.00 Rate C-3: 9116.00 Rate C-4: 9175.00 Service Level "D" provides the Recycling and Refuse Collection Program for Fiscal Year 1994- 1995. This service level includes all single family residential properties in the City of Temecula. The proposed yearly rate of 9169.36has increased 94.36 from last year. This is due to an increase in .County landfill dumping costs and Consumer Price Index (CPI) increases. Service Level "R" was'established last fiscal year to provide for the construction, installation and maintenance of streets and roads. No rate and charge will be levied for this service level in Fiscal Year 1994-1995. In summary, the average single family residence, receiving benefit from all service levels, will have a net decrease in the TCSD Rates and Charges for Fiscal Year 1994-1995of 90.92cents from last year. R:~YASINONGCSD.CHG 0E19~4 FISCAL IMPACT: The revenue generated from the TCSD Rates and Charges for Fiscal Year 1994-1995 will fund the parks and recreation; median and slope maintenance; street lighting; 'ztnd recyclin~ bi~d refuse collection services in the City of Temecula. A'i'rACHMENTS: Resolution No. CSD 94- adopting the TCSD Rates and Charges for Fiscal Year 1994-95. Final Annual Levy Report for Fiscal Year 1994-1995. RESOLUTION NO. CSD 94- A RESOLUTION OF ~ BOARD OF DIRECTORS OF ~ TEMECULA COIVIIhrtJNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR COMMUNITY SERVICES, PARKS AND - RECREATION, STREET LIGHTING, SLOPE MAINTENANCE, RECYCLING AND REFUSE COLLECTION SERVICES, AND STREET AND ROAD IMPROVEM~,NTS FOR FISCAL YEAR 1994-1995. WHEREAS, upon incorporation of the City of Temecula, California (the "City") effective December 1, 1989, voters also approved the formation of the Temecula Community Services District CTCSD"), which has the sam6 area and boundaries as the City and whose Board of Directors (the "Board") consists of the members of the City Council of the City; and WHF~REAS, the TCSD proposes to continue such rates and charges for community services and parks, recreation facilities, services and programs, operation, maintenance, service and administration of street lighting, slope maintenance, and recycling and refuse collection services (the "Services and/or Facilities") for those areas specifically benefitted thereby and charges by the county services areas or the TCSD for such services in prior fiscal years; and WHEREAS, the Board has requested the preparation of a report for Fiscal Year 1994- 1995 containing the proposed rams and charges for f~ing with the Secretary of the TCSD pursuant to the Community Services District Law being Division 3 of Title 6 of the Government Code of the State of California, commencing with Section 61000 (the "Act"); and WHEREAS, pursuant to Section 61621.2 of the Act, an Engineer's Report for Collection for the Fiscal Year 1994-1995 (the "Report") has been presented and fried with the Secretary of the TCSD which contains a description of the proposed Services and/or Facilities to be provided and the proposed rates and charges for such Services and/or Facilities, and a description of the parcels subject to the rates and charges. The Report is based upon a budget adopted by the Board for the proposed Services and/or Facilities for specific areas where such Services and/or Facilities are provided, including necessary staff and administrative expenses; and WHEREAS, the Board requested that stiff provide mailed notice of the public hearing regarding these rates and charges to each property owner subject to the rates and charges at least fourteen (14) days prior to the date set for the public hearing; and R:%C~ESO~clNAL.RES 061494 WHEREAS, notice of the public hearing was mailed and published as required by law and the affidavits of publication and mailing are on file with the Secretary; and WHRREAS, at the public hearing conducted on June 14, 1994, as noticed, the TCSD heard and considered all oral and written pro~sts and comments by any interested person concerning the proposed rates and charges or the method of their collection; and WHRREAS, at the conclusion of the public hearing, the TCSD modified/confirmed the rates and charges in the amounts set out on .Exhibit "A" enti~ed "Project Summary", attached and incorporated by this reference, confirmed their collection on the tax roll and approved an appeal procedure; and WHF~RFAS, the TCSD further fmds that based on the Report and budget, the rates and charges as set out on Exhibit "A" are the reasonable cost of the Services and/or Facilities to be provided by the TCSD for Fiscal Year 1994-1995; and WHI~RFAS, the TCSD proposes to collect the rates and charges at the same time, in the same manner, by the same persons and Wgether with and not separately from, the property taxes collected within the TCSD. These rates and charges shah be delinquent at the same time and thereafter be subject to the same delinquency penalties as such property taxes. All laws applicable to the levy, collection, and enforcement of pwperty taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to these rates and charges. However, if for the first year the charge is levied, the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a Hen of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes appear on the roll, then the charge, or the delinquency in that charge, assessed pursuant to this section shall not result in a lien against the property, but instead shah be transferred to the unsecured roll for collection; NOW, TttF~REFORE, THE BOARD OF DIKECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES HEI~I~IY, RESOLVE, DETEILMINE AND ORDER AS FOLLOWS: Section 1. The rates and charges for Fiscal Year 1994-1995 as set out on Exhibit "A" for the Services ancEor Facilities are adopted for Fiscal Year 1994-1995. Section 2. The'TCSD shah collect such rates and charges at the same time, in the same manner, by the same persons and together with and not separately from, the property taxes collected within the TCSD. These rates and charges shah be delinquent at the same time and thereafter be subject to the same delinquency penalties as such property taxes. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to these rates and charges. However, if for the first year the charge R:XC'tRESO~FINALRES 081494 is levied, the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbraneer for value has been 'created and atta.._ches thereon_, pn_'or to the date on which the first installment of such taxes appear on the roll, 'then the charge, or the delinquency in that charge, assessed pursuant to this section shall not result in a lien against the property, but instead shall be transferred to the unsecured roll for collection. Section 3. ff a property owner subject to these rates and charges challenges or questions the levy of the rates and charges to such property owner's property, such property owner may appeal the levy by filing an appeal with the TCSD Secretary before 4:30 p.m. on July 1, 1994, pursuant to procedures established by the TCSD. The appeal period may be extended to September 1st, provided that the property owner reimburse the City for any County Assessors fees associated with mending the property tax statement. Section 4. ff a property owner subject to these rates and charges believes that payment of the rates and charges for fiscal year 1994-1995 would create a hardship for that property owner during that fiscal year, such property owner may appeal the levy by filing a hardship appeal with the TCSD Secretary before 4:30 p.m. on luly 1, 1994, pursuant to procedures established by the TCSD. Section 5. The TCSD Secretary is ordered to transmit or cause to be transmitted to the County Auditor of the County of Riverside, California (the "County") before August 10, 1994, the property tax roll with such rates and charges enumerated for each parcel not exempt therefrom; and the County Auditor of the County is hereby designated, required, empowered, authorized, instructed, directed and ordered to make collection of all such assessments as shown on that roll and to perform any and all duties necessary therefor. Section 6. Pursuant to the California Environmental Quality Act the levy and collection of these rates and charges is exempt from CEQA pursuant to Section 15273 of the State Guidelines and the Secretary is instructed to file a Notice of Exemption with the County Clerk. PASSED, APPROVED AND ADOPTED. this 14th day of June, 1994. TEMF, C~ COMMUNITY SFIVICES DISTRICT ATTEST: Jeff Stone, President June Greek, Secretary/City Clerk [SEAL] R:~C~e. ESO~INAL.RE8 061494 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, , Secretary/City Clerk of the Temecula Community Services District, HEREBY DO CERTIFY that the foregoing Resolution No. CSD 94- was duly adopted at a regular meeting of the Board of Directors of the Temecula Community Services District on the 14th day of June, 1994, by the following roll call vote: AYES: DIRECTORS: NOES: DIRP_,CTORS: DIRECTORS: June Greek, Secretary/City Clerk R:~C~ESO~,FINAL.RES 061494 EXItlB1TA PROJECT SUMMARY TEIVlECULA COMMUNITY SERVICES DISTRICT On April 1, 1994, Municipal Financial Services was retained by the City of Temecula to prepare the Annual Levy Report for the Temecula Community Services District (TCSD) for the Fiscal Year 1994/1995. Pursuant to the Community Services District Law, Division 3 of Title 6 of the Government Code of the State of California, commencing with Section 61000 et sell., the TCSD has the power to levy and eoilect special rates and charges in order to carry on its operations and to provide the services and facilities furnished by it. The levy and collection of the special rates and charges is accomplished by the assignment of benefits to each parcel within a specific service level A Service Level is a defmed area that provides a specific service, operation and maintenance and/or program to only those parcels contained within that service level. The TCSD is currently composed of six (6) city-wide service levels. The descriptions of the service levels are as follows: Community Services. Parks and Recreation. Operations, maintenance, and administration of the City community park systems, recreation facilities, services and programs. Service Level A - Arterial Street Lights and Median Maintenance. Operations, maintenance, utility costs, and administration of all arterial street lights, medians and traffic signals. Service Level B - Residential Street LiVhts. Operations, maintenance, utility costs and administration of all residential street lights. , Service Level C - Perimeter Landscaping, and Slope Maintenance. Operations, maintenance, utility costs, improvements, and administration for all perimeter landscaping and slope maintenance areas maintained by the TCSD. Service Level D - Refuse. Collection. Recycling and Street Sweeping. Operations, and administration of the refuse and recycling program, and street sweeping services for all single family residential homes. Service Level R - Streets and Roads. maintenance of streets and roads.' Construction, installation, and R:~C,~a, ESO%FiNALRE8 081494 ' The Financial Analysis contained heroin contains each Service Level included with their totals for Fiscal Year 1994-1995 to be as follows: Service Level Levy Budget $/SFR Community Services/Parks: Service Level A Service Level B Service L~vel C Service Level D Service Level R $2,508,773.00 $67.50 $155,358.00 $4.18 216,186.00 $26.30 428,214.00 Variable 1,474,787.00 $169.36 $ 0.00 0.00 TOTAL TCSD LEVY FY 94/95 $ 4,783,318.00 The Levy and Collection amounts for all non-exempt parcels within the TCSD for the Fiscal Year 1994/95 are as shown on the Assessment Roll on fde with the City Clerk. R:~C;~.RESO'~I::INAL.RE$ 081494 CITY OF TEMECULA FINAL ANNUAL LEVY REPORT TEMECULA COMMUNITY SERVICES DISTRICT FISCAL YEAR 199411995 Revised May 20, 1994 May, 1994 MUNI FINANCIAL, SERVICES, INC. Corporate Office 28765 Single Oak Drive, Suite 200 Temecula, CA 92590 Tel: (909) 699-3990 Fax: (909) 699-3460 Orange Cout;ty Office 150 El Camino Real, Suite 120 Tustin, CA 92680 Tel: (714) 665r2220 Fax: (714) 665-2230 San Francisco Office 3727 Buchanan, Suite 202 San Francisco, CA 94123 Tel: (415) 441-3550 Fax: (415) 441-1401 TABLE OF CONTENTS OVERVIEW .......................................................................................................1 A. Introduction ........................................................................................1 B. Description of the District and Services .............................................1 DESCRIPTION OF THE DISTRICT: .............: ....................................................3 CHANGES TO THE DISTRICT .........................................................................6 A. Annexations ..................................L .....................................................6 B. Modifications of the Distdct Structure .....~ ..........................................6 C. District Budget Changes ...........................................................· .........6 DISTRICT BUDGETS .............................................. ..........................................7 METHOD OF APPORTIONMENT .....................................................................10 Appendix A - LAND USE/EQUIVALENT DWELLING UNITS .............. 13 Appendix B -- 1994/95 COLLECTION ROLL ........................................14 OVERVIEW A. Introduction The Temecula Community Services District ("District") was formed in 1989 upon incorporation of the city, to continue services previously provided by the county. The boundary of the District is coterminous with the city boundary, and includes all taxable parcels within the city. The city. collects special rates and charges in order to provide services and maintain the improvements within the District. The District has been formed and the rates and charges established pursuant to Section 61621 of the Government Code. This report describes the proposed rates and charges for Fiscal Year 1994/95 - based on the historical and estimated cost to provide services and maintain improvements that provide a benefit to properties within the District. EaCh parcel charged receives direct benefit from the District. For the purposes of this report, wherever the word "parcel" is used, it refers to an individual property assigned its own assessment number by the county. The · County Auditor/Controller Office uses assessment numbers to identify on the tax roll those properties that are charged for special district benefits. A public hearing will be held to allow the public an opportunity to hear and be heard regarding the District. After the public hearing, the Board of Directors may order the modification of this report. After approval of this report, as submitted or as modified, the board shall order the levy and collection of rates and charges for Fiscal Year 1994195. In such case, the rate and charge information will be submitted to the County Auditor/Controller. The County Auditor/Controller will include the rates and charges on the property tax roll for Fiscal Year 1994~95. Description of the District and Services The District provides certain services and the maintenance of specific improvements within public rights-of-way and dedicated landscape easements throughout the city. The District consists of six separate service levels providing services within certain areas throughout the city. Each parcel is grouped within one or more service levels based upon its location .and the quantity and type of services provided within that area. Each service level has differing costs depending upon the various services providing benefits to the parcels within the level. Each parcel is charged its fair share of the costs of the services providing benefit. Services and improvements provided include the construction and maintenance of community parks, recreation programs, street lighting, median landscape maintenance, peri~ete~ landscape maintenance, slope protection, a recycling and refuse collection program, and road improvement construction and maintenance. Table I below, provides a comparison of levy information for the various service levels within the District, comparing the current fiscal year to the previous year. The Rate Per Levy Unit for Community Services, Parks and Recreation, and for Service Level A, is based on a charge per equivalent dwelling unit (EDU). The Rate Per Levy Unit for Service Levels B, C, and D is based on a per parcel charge. Service Level R is not being collected for 'Fiscal Year 1994/95 and the Rate Per Levy Unit does not apply. AI.ong with the comparison of levy information for each year, this table shows the Net Change Per Levy Unit from the previous year, the Total Levy Units and the Total Number Of Parcels within each service level for Fiscal Year 1994/95. (Refer to appendix A for a listing of EDU calculations:) TABLE I SERVICE LEVELS SERVICELEVEL 1993~94 Total Levy Charge Total Levy Budget Per Levy Budget Unit $2,415,360 $64.20 Community Services, Parks, and Recreation Service Level A Arterial Street 157,304 4.18 Lighting and Medians Service Level B Residential 191,765 30.88 - Street Lighting Service Level C Local Landscaping and SlOpes Rate Level # I (C-1) 26,150 50.00 Rate Level # 2 (C-2) 83,235 93.00 Rate Level # 3 (C-3) 137,280 120.00 Rate Level #4 (C-4) 176,136 179.00 Service Level D 'Citywide 1,379,730 165.00 Recycling and Rsfuse Service Level R Roads $0 $0.00 $2,508,773 155,358 216,186 1994/95 Charge Net Total Total Per Levy Change Levy Number Unit Per Levy Units Of Unit Parcels $67.50 $3.30 37,167.00 14,654 4.18 $0.00 37,167.00 14,654 26.30 ($4.58) 8,220 8,220 40,710 46.00 ($4.00) 885 885. 104,308 89.00 ($4.00) 1,172 1,172' 113,796 116.00 ($4.00) 981 981 169,400 175.00 ($4.00) 968 968 1,474,787 169.36 $4.36 8,708 8,708 $0 $0.00 $0,00 N/A NIA Note: Due to rounding, the total Levy Units (shown in this table) multiplied by the Charge Per Unit may be different from the Total Levy Budget. 2 DESCRIPTION OF TIlE DISTRICT A description of the current service levels within the District are listed on the following pages, Community Services, Parks, and Recreation include maintenance, service, and operations of all public parks in the District. Most park construction is provided either by developers as a condition of their residential projects or development impact 'fees. This service level also allows for the construction of the Community Recreation Center and its debt service. In addition, this service level provides funding for the various recreation programs throughout the city. The following is a list of some of the city's parks and recreation facilities: · Rancho California Sports Park · Sam Hicks Monument Park · Veterans Park · Bahia Vista Park · Old Town Temecula Senior Center · Temecula Community Recreation Center · Paloma Del Sol Park · Loma Linda Park · Riverton Park · John Magee Park · Kent Hindergardt Memorial Park · Calle Aragon Park Service Level A, Arterial Street Lighting and Medians provides a benefit to all parcels within the city through the servicing, operation, and maintenance of street lighting and landscaped medians along arterial streets. Service Level B, Residential Street Lighting provides a benefit to all single family residential and vacant parcels within those tracts requiring servicing, operation, and maintenance of local street lighting. 'Service Level C, Perimeter Landscaping and Slopes provides the servicing, operation, and maintenance of perimeter landscaped areas and slopes within the public right of way and dedicated easements within certain tracts. The level of maintenance required within these tracts varies depending on operating costs and therefore, four rate levels have been established. (Refer to Table Ii on the next page.) 3 Table II below shows a breakdown of the tracts composing each rate level within Service Level C (Local Landscaping and Slopes.) TABLE II Service Level C Tracts , Rate Level #1 $46,00 Tract Name Tract # Presley Development 23267-00 23267-O1 23267-02 23267-03 23267-04 26861-01 26861-02 Rancho Solaria 22593*00 22593-01 22593-02 The Vineyards 20879-00 20879-01 Rate Level #2 $89.00 ' Tract Name Tract # Ridgeview 20735-07 20735-08 20735-09 20881-00 21764-00 Winchester Creek 20130-00 20130-01 2013002 2013003 2013004 20130-05 20130-06 2134000 21340-01 21340-02 21340-03 21340-05 21340"06 21340-07 Woodcrest Country 21561-00 22208-00 Rancho Highlands 2064:3-00 20644-00 22203-00 2220~-00 21760-00 Rate Level #3 $116.00 Rate Level f¢4 $175.00 Tract Name Tract # Tract Name Tract # Martinique 23128-00 Meadowview 21765-00 Saddlewood 1851800 Signet Series 20882-00 18518-01 20882-01 18518-432 20882-02 18518-03 20882-03 Vintage Hills 22715-00 Village Grove 21672-01 22715-01 21672-02 2271502 21672-03 22716-00 21672-04 22716-01 21673-00 22716-02 2167501 22716-03 21673-02 22716-04 2167503 2291500 21674-00 2291501 21674-01 22915-02 21674-02 2291 5-03 21674-03 21675-01 21675-02 2167 5-03 2167 5-04 21675-05 21675-06 Service Level D, Citywide Recycling and Street Sweeping provides for the operation and administration of the refuse and recycling program and street sweeping services for all single family residential homes. 4 Service Level R, Roads includes the construction and maintenance of streets and roads thmugho_ut.t__he city. Service Level R (Roads) was added to the District in FiScal'Year 1993/94. This service level provides funding for construction and maintenance of public streets and roads throughout the city. There are no planned projects being added to Service Level R, for Fiscal Year 1994/95, and therefore no parcels within the Community Services District will be charged for this service level in Fiscal Year 1994/95. 5 CHANGES TO THE DISTRICT For FisCal Year 1994/95, changes within the District that affect the levy are outlined below. A. Annexations Annexations to Service Level C (Local Landscaping and Slopes), are the parcels within Tracts 23267-02, and 23267-3 (Presley Development) to rate level # 1, and Tract 21760-00 (Rancho Highlands) to rate level # 2. No other annexations are planned to any of the other service levels or to the District for Fiscal Year 1994/95. B. Modifications of the District Structure Modifications to the District structure, if any, could include, but are not limited to; changes in the types of services provided, addition of new service levels, or revisions in the method of apportionment. No changes are anticipated to the District structure for this fiscal year. C. District Budget Changes The Community Services, Parks and Recreation Service Level rates have increased due to the operations and maintenance costs of the Temecula Community Recreation Center, and the Old Town Temecula Senior Center, as well as expansion and improvements to several neighborhood and community parks. Service Level D (Recycling and Refuse), has increased due to an increase in the County landfill dumping costs and normal Consumer Price Index (CPI) increases. 6 DISTRICT BUDGETS Table'ill on the ne'~ :t~ree pages shows the District budget for Fiscal Year 1994/95. TABLE !11 1994/95 DISTRICT BUDGET TEMECULA COMMUNITY SERVICES DISTRICT I ~ OPERATING BUDGET DEPARTMENT SUMMARY FOR THE YEAR ENDING JUNE 30, 1995 I Acct, Community Level A Level B Level C Level D Level R Services Total District No. 190 · 191 192 193 PERSONNEL SERVICES Salaries and Wages 5100 $.498,956 $15.391 $19,006 $54.672 $0 $0 $588,025 Deferred Compensatjon 5101 0 0 0 0 0 0 0 PERS Retirement 5102 70,857 2,186 2,699 7,764 0 0 83,506 Site Unemployment 5103 0 - 0 0 0 0 0 0 Medicare FICA 5104 7,235 223 276 793 0 0 8,527 Auto Allowance 5106 2,400 0 0 0 0 0 2,400 Life Insurance 5108 0 0 0 0 0 0 0 Unemployment Training Tax 5109 23,451 723 893 2,570 0 0 27,637 Disability Insurance 5110 O 0 0 0 0 0 0 WorRers Compensation 5112 26,085 1,639 174 2,332 0 0 30,230 Health insurance 5113 84,966 2,646 5,880 9,114 0 0 102,606 Dental Insurance 5114 0 0 0 0 0 0 0 Medical RetmOursement 5115 0 0 0 0 0 0 0 Vision Insurance 5116 0 0 0 0 0 0 0 Child Care Reimbursement 5117 0 0 0 0 0 0 0 Temporary Help 5118 0 0 0 0 ' 0 0 0 . Pa d-Time (Project) 5119 208, 105 0 0 0 0 0 208, 105 Par~-T~me Retirement 5120 8,039 0 0 0 0 0 8,039 ~ver'dme Wages 5121 2,500 0 0 0 0 0 2,500 ComDensated ADsences 5126 0 0 0 0 0 0 0 Life & Accident Insurance 5190 0 0 0 0 0 0 0 TOTAL PERSONNEL SERVICES $932.594 $22.808 ,$28,928 $77,245 $0 $0 $1.061.575 7 TABLE III 1994/95 DISTRICT BUDGETS TEMECULA COMMUNITY SERVICES DISTRICT I I I OPERATING BUDGET DEPARTMENT SUMMARY FOR THE YEAR ENDING JUNE 30, 1995 Acct. Community Services Number 190 OPERATIONS AND MAINTENANCE Telephone Service (Cellular) 5208 $4,500 Repair & MainL - Facilities 5212 · 106,000 Repair & Maintenance-Vehicles 5214 11,000 Repair & MainL-Office Equipment 5217 1,000 :Maintenance Supplies 5218 0 Office Supplies 5220 13,500 Pnnting 5222 34,000 Legal Documents/Maps 5224 3,000 Dues and Memberships 5226 2,000 Publicatmns 5228 1,000 Cellular Phone Service 5229 0 Postage and Packaging 5230 6,000 Property Tax Admin Fees 5231 0 Rent * Facilities 5234 2,450 Rent * Equipment 5238 15,000 Equipment Lease 5239 15,400 Utilibes 5240 227,900 Small tools/Equipment 5242 10,000 Uniforms 5243 5,200 Signs 5244 4,000 Legal Services 5246 20,000 Consulting Services 5248 0 Other Outside Services 5250 84,800 Advertising 5254 4.000 Public No~Jces 5256 1.000 Coni'erences 5258 7,200 Professional Meetings 5260 2,000 Staff Train~ngJEducat;on 5261 2,800 Mileage 5262 4,000 Fuel Expe;~se-City VehicJes 5263 5,000 Coun~l Discretionary 5267 20,000 Blueprints 5268 1,000 SUBTOTAL (5200's) $613.750 Recreation Supplies 5301 $161,600 Waste Hauling 5315 0 Street Lighting 5319 0 Insurance 5330 34.489 VehicJes 5335 18,744 information Systems 5340 50,692 Support Sennces 5345 17,428 "~adlities 5350 47,968 Assessment Engmeenng 5370 20,000 City Admm Charges 5380 162,000 Landscape Maintenance 5415 284,450 :SUBTOTAL (5300's & 5400's) $797,371 OTHER EXPENDITURES 499,600 TOTAL OPERATIONAL EXPENDFTURES $1,910,721 Level A Level B Level C Level D Level R 191 $0 0 0 0 500 0 0 0 0 0 0 0 0 0 0 0 8,000 500 0 0 0 0 0 0 0 0 0 0 0 1,000 0 0 $1o,oo0 192 so 0 o 0 0 0 o o o o 0 o o 0 o o o o o o o o o o o o o o o o o o $o 193 $0 43,700 0 0 0 0 0 0 0 0 0 0 0 0 0 0 91,900 0 0 0 0 0 40,000 0 0 0 O 0 0 0 0 0 $175,600 $o o o o 0 0 0 o o o 0 o 0 0 o o o o o o o 0 o o o o o o o o o o $0 $o $o $o $o o o o 1,5ol,95o 12o,ooo 208,000 o o o o o o o o o o o 0 0 0 0 0 0 0 0 0 0 0 ' 0 0 0 0 0 0 0 0 15.000 0 235,140 0 $135.000 $208.000 $235,140 $1,501,950 0 0 0 0 $145,000 $208,000 $410,740 $1,501,950 $o o o o 0 0 o o o 0 o o o o o o o o o o 0 o o 0 o o o o 0 0 o $o $o o 0 o o o o 0 o o o $o 0 $o Total District $4,500 149,700 11,000 1,000 500 13.500 34.000 3,000 2,000 1.000 0 6,000 0 2.450 15,000 15o400 327.800 10,500 5,200 20,(h 0 124,800 4,000 1.000 7.200 2,000 2.800 4,000 6,000 20,000 1,000 $799,350 161,600 1,501,950 328,00Q 34,489 18,744 50,692 17,428 47,968 20,000 162,000 534,590 $2,877,461 499,600 $4,176,411 8 TABLE III 1994/95 DISTRICT BUDGETS 'TEMECULA COMMUNITY SERVICES DISTRICT I ~ OPERATING BUDGET DEPARTMENT SUMMARY FOR THE YEAR ENDING JUNE 30, t99S AccL Community Level A Level B Services Level C Number t90 19t 192 193 Level D CAPITAL OUTLAY 'Office Furnishings 5601 = Office Equipment 5602 ~Vehides 5608 i Equipment 5610 CIP - Project~ 5604 TOTAL CAPITAL OUTLAY RESERVE FOR CONTINGENCY TOTAL DISTRICT COSTS OTHER REVENUE SOURC ES-$ubtracted FUND BALANCE-subtracted BALANCE TO LEVY $2,000 $0 $0 $0 $0 2,000 0 0 0 0 0 0 0 0 0 13,500 0 0 0 0 0 15,000 0 75,000 $17,500 $15,000 $0 $75,000 $0 0 0 0 0 0 $2,860,815 $182,808 $256,928 $562,985 $1,501,950 277,000 0 0 40,000 0 75,042 27,450 20,742 94,771 27,163 $2,508,773 $155,358 $2t6,186 $428,214 $1,474,787 Level R $o 0 0 $o o $o. o o $0 Total District $2,000 2,000 0 13,500 180,0oo $107,500 0 $5,345,486 317,000 245, 168 $4,783,318 9 METHOD OF .APPORTIONMENT As in past years, the cost to provide services within the District will be fairly distributed among each assessable property based upon the estimated benefit received by each property. The benefit formula used is based upon the service level, .the land use and size of a property. For Service Level Communily Services, Parks, and Recreation, and Service Level A: Arterial Street Lighting and Medians, each property is assigned an Equivalent Dwelling Unit (EDU) factor that reflects the property's land use and degree of benefit. For service levels (B-Residential Street Lighting; C-Local Landscaping and Slopes; and D-Recycling and Refuse), the rates and charges are based on a per parcel basis. Service Level R (Roads) is not being applied to parcels within the District for Fiscal Year 1994/95. The following is the formula used to calculate each property's District charges by EDU. Please refer to Appendix A for a complete listing of land use codes and their associated EDU. Service Levels: Community Services, Parks and Recreation; A -- Arterial Street Lighting and Medians: Parcel EDU X Acres or Units X Charge per EDU = Parcel Charge The following is the formula used to calculate each property's District charges by the per parcel method. Service Levels: B -- Residential Street Lighting; C - Local Landscaping and Slopes; and D -- Citywide Recycling and Refuse: Total Balance to Levy/Total Parcels in Service Level = Parcel Charge ' 10 Table IV shown on the next two pages, reflects the levy calculations for various property types for each._service leveJ .... TABLE IV PARCEL CHARGE CALCULATIONS FOR COMMUNITY SERVICES, PARKS, AND RECREATION Property Type.. Single Family Residential Multi Family Residential Agricultural Single Family Vacant Non-Residential Vacant NOn-Residential Improved · : .., Parcel: X .Charge.. = .. Parcel Multiplier . EDU.:" per · : Charge : . .:'. EDU 1,00 $67,50 $67,50 Per Unit 0,75 $67,50 $50,62 Per Unit 0,50 $67,50 $33,76 Per Acre 2,00 $67,50 $135,00 Per Acre 4,00 $67,50 $270,00 Per Acre 6,00 $67,50 $405,00 Per Acre PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL A Single Family Residential Multi Family Residential Agricultural Single Family Vacant Non-Residential Vacant Non-Residential Improved Property Type 1,00 $4,18 $4,18 Per Unit 0,75 $4,18 $3,14 Per Unit 0,50 $4,18 $2,09 Per Acre 2.00 $4,18 $8,36 Per Acre 4,00 $4,18 $16,72 Per Acre 6,00 $4,18 $25,08 Per Acre PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL B :: ::::'::: : : ~ .: ::::.'::':: ':paFcei~::!::~X::'~:i!Charge:.::i.~.:=,,~: iparcel:,::!~i~::~:::!-iMultiplier.' : :: :: ::: ..........'per .......':':'::: :::::.i · '.: :i:::': .~:!'!! ::; ::i;i!~,::::i ':::::::;:~ :::::::::::::::::::::::: Barge! ...........' ": !::,' ========================================= :~:::::i::. Single Family Residential Parcels 1,00 $26,30 $26,30 Per Parcel 11 TABLE IV PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL C Parcel Multiplier Charge Single Family Residential Rate C-1 Single Family Residential Rate C-2 1.00 $46.00 $46.00 Per Parcel 1.00 $89.00 $89.00 Per Parcel Single Family Residential Rate C-3 Single Family Residential Rate C-4 · 1.00 $116.00 $116.00 Per Parcel 1.00 $175.00 $175.00 Per Parcel PARCEL CHARGE CALCULATIONS FOR '- SERVICE LEVEL D :i Pr6~ty~ Type Parcel Unit X . ·Charge· .. per · Parcel ~" .';.'..P~'ei' : Multihiier .. charge· .. ... Single Family Residential 1.00 $169.36 $169.36 Per Unit 12 Appendix A-- LAND USE/EQUIVALENT DWELLING UNITS Single Family Residential tMulti Family Residential ~Agdcultural Single Family Vacant Non-Residential Vacant Non-Residential Improved Property Type ..' ":':: ' ': :':': ""1994/95'Z~:~ :Multiplier ..... Equivalent..~ :. Dwelling Unit' 1.00 Units 0.75 Units 0.50 Acres 2.00 Acres 4.00 Acres 6.00 Acres 13 Appendix B -- 1994/95 COLLECTION ROLL Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the County Assessors map for the year in which this report is prepared. Non-assessable lots or parcels include government-owned land, public utility- owned property, and land principally encumbered with public rights-of-way. A listing of parcels within this District, along with the charges, has been submitted to the City Clerk and, by reference, is made part of this report. 14 REDEVELOPMENT AGENCY' ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD MAY 10, 1994 A regular meeting of the Temecula Redevelopment Agency was called to order at 9:04 PM, PRESENT: 4 AGENCY MEMBERS: Birdsall, Mur~oz, Roberrs, Parks ABSENT: I AGENCY MEMBERS: · Stone Also present were Executive Director Ronald E. Bradley, General Counsel Peter Thorson and Agency Secretary June S. Greek. PUBLIC COMMENTS None given. AGENCY BUSINESS It was moved by Agency Member Birdsall, seconded by Agency Member Mu~oz to approve Items I and 2. The motion was unanimously carried with Agency Member Stone absent. 1. Minutes e 1.1 Approve the minutes of April 5, 1994. CombininQ Balance Sheet as of March 31, 1994 and the Statement of Revenues. Expenditures and ChanQes in Fund Balance for the Nine Months Ended March 31,1994 2.1 Receive and file the Combining Balance Sheet as of March 31, 1994 and the Statement of Revenues, ExpenditUres and Changes in Fund Balance for the nine months ended March 31, 1994. 2.2 Appropriate $189,000 to Account No. 280-199-999-5275 "Assessments" to pay for assessments due on the Northwest Sports Park property. The motion was unanimously carried with Agency Member Stone absent. EXECUTIVE DIRECTOR'S REPORT None given. GENERAL COUNSEL'S REPORT None given. -1- 05/31/94 Ternecula Redevelopment Agency Minutes AGENCY MEMBERS REPOI~TS None given. Ai~ril 10. 1994 ADJOURNMENT It was moved by Agency Member Birdsall; seconded by Agency Member Mufioz to adjourn at 9:08 PM to a meeting on May 24, 8:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried with Agency Member Stone absent. Ronald J. Parks, Chairperson ATTEST: June S. Greek, City Clerk/Agency Secretary MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA ......... REDEVELOPMENT AGENCY TUESDAY, MAY 24, 1994 A regular meeting of the City of Temecula Redevelopment Agency was called to order Tuesday, May 24, 1994, 9:20 P.M., at the Temecula Community Center, 30875 Rancho Vista Road, Temecula, California, Chairperson Ronald J. Parks presiding. PRESENT: 5 AGENCY MEMBERS: Birdsall, Mufioz, Roberts, Stone, Parks ABSENT: 0 AGENCY MEMBERS: None Also present were City Manager Ron Bradley, Assistant City Attorney Cheryl Kane, and Deputy City Clerk Susan Jones. PUBLIC COMMENT None AGENCY BUSINESS 1. Minutes RECOMMENDATION: 1.1 Approve the minutes of April 26, 1994. It was moved by Agency Member Stone, seconded by Agency Member Munoz to approve staff recommendation. .The motion was carried by the following vote: AYES: 5 AGENCY MEMBERS: NOES: 0 ABSENT: 0 AGENCY MEMBERS: AGENCY MEMBERS: Birdall, Munoz, RobertS, Stone, Parks None None EXECUTIVE DIRECTOR'S REPORT NOFle RDAMIN05/24/94 I 06101194 REDEVELOPMENT AGENCY MINUTES MAY 24, 1994 4, AGENCY MEMBER'S REPORTS Agency Member Birdsall recommended the criteria for Community Funding should be consistent with the criteria established for RDA funding. ADJOURNMENT It was moved by Agency Member Stone, seconded' 'by Agency Member Munoz to adjourn at 9:23 P.M. The next regular meeting of the City of Temecula Redevelopment Agency will be held on Tuesday, June 14, 1994, 8:00 PM, at the Ternecula Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. ATTEST: Chairperson Ronald J. Parks June S. Greek, City Clerk RDAMIN05124194 2 06/011g4 ITEM NO. 2 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: · Executive Director/Board of Directors Mary Jane McLarney, Finance Officer June 14, 1994 International Rectifier Owner Participation Agreement RECOMMENDATION: 1 ) That the Redevelopment Agency conduct a public hearing and, 2) That the board members adopt a resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND INTERNATIONAL RECTIFIER, A CALIFORNIA CORPORATION DISCUSSION: International Rectifier Corporation (IR) operates a high technology semiconductor manufacturing plant in Temecula. The plant currently employs an average of 643 people and began operating in Temecula in 1985. IR was founded in 1947 and operates additional manufacturing facilities in Tijuana, England, Italy and El Segundo, which is also their headquarters. IR currently produces 25% of the world market of MOSFET chips. Major customers include Ford Motor Corp., Delco Electronics Corp., Hewlett-Packard Co., IBM, General Electric and Matsushita Electronics Corp. Only 8% of the firm's gross sales relate to defense/aerospace sales. In order to position the company for the next major growth phase in the chip market and to maintain their market share, IR has planned a major expansion of their fabrication unit. This expansion will generate at least 150 new jobs at an average annual salary of $28,000. The building improvements and equipment required for the expansion will cost $66 million. The company has received multi-million dollar incentive offers from European countries. Because the Temecula plant could be modified to accommodate this expansion, the site was included RESOLUTION NO. RDA 94 - "~k RESOLU~6N OF THE ]~'~DEVFJK)PMENT AGENCY OF ~ ~ OF ~ ~O~G ~ O~ P~CWA~ON AG~E~ BY ~ BETWEEN ~ R~E~ID~ AG~ OF ~ C~ OF ~, ~ C~ OF ~ ~ ~A~ON~ ~I'~',~:R, A CAL~~ CO~~ON The Redevelopment Agency of the City of Temecula does hereby determine, resolve, and order as follows: Section 1. Findings. The Redevelopment Agency of the City of Temecula hereby makes the following findings: A. International Recti~er (Owner) has proposed to construct an addition of 40,000 square feet to its existing building to be used for the manufacturing of semiconductors. B. The total cost of the building and equipment for the new facility should not be less than $66,000,000.00. C. Once fully equipped and operating, the facility will create a total of 150 new, full-time jobs consisting of 40 professional positions, 30 management positions and 80 skilled labor positions. The avenge annual salary will be $28,000 beginning in 1995. D. Construction and equipping of the Facility will result in an increase in the assessed value of the Site of not less than $66,000,000.00. This will result in a Net Tax Increment due the Temecula Redevelopment Agency, of not less than $190,000.00 per year. E. Owner was offered financial grants and inducements from foreign countries worth not less than $20;000,000.00 to locate the Facility outside the United States. In order to induce Owner to develop the Facility in the United States, specifically in the County of Riverside, City of Temecula, it is necessary that incentives be offered Owner at a Federal, County and local level. F. In order to induce Owner to locate the Facility in Temecula, the following steps will be taken: 1. The County of Riverside will sell Industrial Development Bonds in the amount of not less than $25,000,000.00, the pro~eds of which will be loaned to Owner to construct the Facility (hereinafter referred to as the "Bonds"). 2. Security for the Bonds will be provided according to the following taxes and property tax revenue for the City, County and State. Based ~n the abo~e '~ndings, the Redevelopment Agency of the City of Temecuh hereby approves the Owner Participation Agreement by and between the Redevelopment Agency of the City of Teme~ula, the City of Temecula and International Rectifier, a California Corporation. PASSED, APPROVED AND ADOPT!~, by the City Council of the City of Temecula at a regular meeting 'on the 14th day of June 1994. Ronald H.'Roberts, Chairperson ATTEST: June S. Greek STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF TEMECULA) I, June S. Greek, Agency Secretary of the City of Temecula, California, do hereby certify that Resolution No. 94--- 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 June, 1994, by the following vote: AGENCYMEMBERS: NOKS: AGENCYlV!F~MBERS: ABSENT: AGENCYMEMBERS: ABSTAIN: AGENCYMF-MBERS: June S. Greek City Clerk mmm ml M NO. 3 APPROVAL ~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive Director/Redevelopment Agency Members Ronald E. Bradley, Executive Director June 14, 1994 Authorization of Agreement for Consulting Services for Old Town T.Z.B.G., Inc. Project PREPARED BY: Marilyn Whisenand RECOMMENDATION: That the Redeveloprnent Agency authorize the Chairperson to execute an agreement with Wimberly Allison Tong & Goo for architectural and planning services not to exceed $54,620 and with Barton-Aschman for traffic impact analysis not to exceed $34,000. Agreements will be subject to the approval of the Executive Director and the General Counsel as to final form. DISCUSSION: On March 22, 1994, an appropriation of $125,000 was authorized for the purpose of conducting feasibility studies as required by the Memorandum of Understanding between the City and Redevelopment Agency of Temecula and T.Z.B.G. Inc. (Zev Buffman). To date, contracts have been authorized with Price Waterhouse in the amount of $75,000for economic planning services and Tom Dodson and Associates in the amount of $75,800 for preparation of an environmental impact report. This authorization will bring the consultant services authorized to date to ~ total of $239,420, of which T.Z.B.G., Inc. is responsible for one-half. The scope of work for Barton~Aschman and Wimberly Allison Tong & Goo is fully described in the attached proposals. FISCAL IMPACT: Funds are available for the City's portion of the fees (one-half, not to exceed a total of $125,000). The balance will be billed to TZBG, Inc. Attachment: Wimberly Allison Tong & Goo - Proposal Barton-Aschman Proposal 13 May 1994 Mr. F, on Bradley City M~n~r CITY OF TEMEC[31~ 43174 Business Park Dr/re Temecula, CaRfomie 92590 Via I~e irafie 9091694-1999 Subject: Old Towo Temecula Entertainment Center Proposal for Professional Services WAT&G Project No. ~4413 As we discussed, the following describes our R~vised Propsat for professional seNices for the Master Planning and Pre-Concept Design of thv Old Town Temecula P,,edevelopment Project and Entertainment Career. This proposal responds ,o your comments and identifies i'Dted fees fror the work that we will provide. As you are aware, we have already befun work on the project and have accumulated prof'cssional frees and reimbursebias which we have already billed for services throu~ the end of Apri L Although much of the Scope of Work still rem~,ins somewhat unclear, we have attaropted in this proposal, to identify wha~ we understand is reqnind now and have made assumptions shout what will be nquired in the rumre. Should the Scop,; of Work be altered in the future to require additional work, the fees will be adjusted accorjingly. For this Proposal, we have included time expanded starting with my first meeting with Dave Hogan on 29 March 1994. Meeting At~:ndance It was apparent from our tint few meetings that continued attendance by WATt. C} st the various strategic planhiek work sessions and coordination meetings will be required co:ttinually throughout the 90-120 day PAD Phase. We have assumed our attendance wil] include signifiom~t rceetings when the key team members are in L'tendance. In-house mectir~s will be included in our other Scopes of Work de~ned t, eiow. For this Proposal we have included 8 meetings with a Principal and StaR'Member proroll. Te|ephnn,, 7]4 S?~, 8St~ r,~c,imile '14 574 aSSO Wiml~erly Allison 'llm~ & Coo .t~hit~cts end Plan,er~ lvlr. R0n*B~d]ey Pale 2 1.t May 199,l 8-~e M~ Devel~ment This work includes the initial preparation of a comprehensive base map utilizing information provided by the City and other consultants, to be used u the basis for all f'utu~ design considerations, This map will 50 updated comirmously as new information is provided. It will include such information as, present and rumre highways and interchanges; streets, intersections and bridges; propert)' lines; new, existing, and Igietoric buildings; flood information; land use districts; civic and community buildings; present and future parking areas, etc. The Ease Map will be drawn at 1;100 scale. ~l:~zm~ajag,.F*nqibllity Assessment. and Stratalie PlanninE Phase This work includes the review, comment end ddvelopmant of the architectural program(s) for the various project components including Zev Buftman's entertainment projlecta; Oene Hancock'e hotel and reta(I projects; and the various miscellaneous project elements such as the, retail, Food & byerage, etc,, within the Old Town areL We will meet with the various consultants includinll the environmental, traffic, market feasibility anti City agencies to provide strategic planninE recommendations, clsri~y information about the' project program (s), assist in developing the pro.iect d~:scription. and establish pro. jeer phasi.g alh-matives. In addition, WAT&G will provide our expenlise in assisting the team with feasibility useassent, overall strategic planning and product assessment of the viable options to ann 4ider for the entertainment, retail and food & beverage facilities. This will result in a written report describin8 our recommendations. We will prepare an existing lot and structures inventor,/and appraisal, iclenUrying the assessors parcel number and street address of the lot, eanh build ing'e current use, condition end viabiliP/relative to the proposed project. The results of the assessments will be utilized in the development the Master Plan and various Pie*Concept Desi~;ns. M~cl~- Plannlni Phn~ Th is Pha.~c includes the development of numer~ ,us (:~-4) Muter Planning Schemes tier consideration by the project team. !t will include tb~ identification of.the various project elements anticipated by Zev Buffman, Gene Hancock, and others identified in the Programming Phase de~rtbed above. It will also respond to ghe City's Specific Plan. which identifies existing historic and other structures, establishes eertsin desip and planning guidelines, and new circulation mutes. It will identify proposed parking areas and establish estimates of'total parking quantities proposed, in addition to proposed circulation systems for pedestrian, vehicular. and thereed transportation modes. etc. Whnherly Alliaon Tong & Coo and Planners Mx. 'R0n'Bngl~, ! 3 May I ~)4 As the Master Plan develops, scale and massin~.i of each project component will be emblished. WATiG will coordinate with the City enitneuin~ or planning departments, as required. This Phase will remit in the matlon of 34 Sire P~tl oftbe TRC Dinti~ the rune site area and adjacant signl~e. ant elements of ti~ Old Town .~,t~a imminent In this project The final drawings will be at 1:!00 We propose to perform our setvies p~r tim foll.>wing Fixed Fee $checlul~. The fees are based on the staffing hours projected. Additional timt, required or adjustments in the S~ope would be on a Timo and Materials basis, per the attaebed Discounted Hourly Billin~ Rate S~edule. We estimate that the work described above, which i~ associated with Gone Hanoeck'a Hot. Is and hotel related retail, encompasses approximately 10% of our total fees deauibed below. PHASE ~-~TIMATED HOURS FEE Meeting Attendanoe - Hourly Base Map Development Progremmin~, Feasibility Asseasment mid Strategic Planning Master Planning 80 S9,500 ~udget) 75 $s,620 45 S8,000 245 $25,000 In addition to our professional fees. reimbursable expenses such u reproductions, CADD plots. photos, mounting and framing, 8raphiu coordi.ation, renderings, models and mock-ups, long distance communications, postage and handling. air travel, auto mileage, hotel and related expenses, etc., incurred in the interest of this projeb-t by WAT.e'G staff and our eot~ultents, will be bi lied at l. I times actual cost At this time, we estimate the reimbumables for the project will total approximately $6,500. Payments on all services and reimbursables a~c .ine to WAT&G within 30 (thirty) days of invoice. An interest char$e of 1% per month waif be added to all payments made a~er the 30 (thirty) day neriod. £0Z~ L'9~ 8~c8V&St, T&:ON ~Sl 9 * I ~ P~:(II SS:P~ Wim}~erly AUim, n Tons ~ Go{, .4rrlzitev'~J eerl Plmmen Pqe 4 ]3J~dyl~4 Thank you Eor the opportunity tO submit thb Proix}tel, We look forward to continuing our efforts on the project. Please let me Imm~, ify~u have any questions regarding the doremen~oned, Michae! R. Paaeri, Vice President Artschment ~, Discounted Hourly BiIIinR Pdte S,:hedule cc: 7ev Buffman Marilyn Whtsenand Michael M. S. Chun Acceptance: Ci~ of Temecutn Date ' ~,0c:1 ~9~ BVGBt,,~gf,~Z.:C]N 'lit E) * I ~ fq:al 9g:t,~ ,,5,--e;-A~e..~ ...... WAT&G Newport B~ch- TEMECULA ENTERTAINMENT CEN FER WAT&G PROXgCT NO. 9441~ DISCOUNTED HOURLY BILLING RATES Principals and slaff members will be billed at the following hourly billing fatty: Note: POS~ON B!IJ.ING RATg Principal sis0.00 senior A~ociata $135,00 AMociate $ 100.00 Senior Staff $135.00 S taft L~vel I $ 100.00 Staff'~evel II H0.00 Staff Level Ill S65.00 Staff Level IV $$0.00 Staff Level '~ PhotoFaphy/Graphics $85.00 Marketing. S100.00 CAD Equipment Time $35.00 Overtime r~tes for staff(over 40 bours/~r week) to be 1.3 times billing rote. These rates are subject to chan~o from nine to time. 9 * I ~ R:Ol &~:~T PG,-£T-hfdlJ .... !~9 S LOs Ro;les Ave Su;'.e 770 · Pasaaena. Ca{,fc, rr~la 9~ ~01-2460 OSA · 1~18~ ~J,9-39"7 · Fax. :~15; 585-0722 VIA FEDERAL EXPRESS May 2, 1994 Revised May 13, 1994 Mr. Ronald E. Bradley City Manager City of Temecula 43174 Business Park Drive Temecula, CA 92590-3606 Attention: Mr. Raymond A. Casey, P.E. Principal Engineer - Land Development Department of Public Works Dear Mr. Bradley: RE: PROPOSAL TO PREPARE TWO (2) TRAFFIC IMPACT ANALYSES OF THE PROPOSED CITY OF TEMECULA-THE ZEV BUFFMAN GROUP ENTERTAINMENT FACILITIES IN OLD TOWN TEMECULA, CALIFORNIA Barton-Aschman Associates, Inc., is please to submit this letter proposal for your consideration regarding the above-referenced development (hereinafter referred to as the "Project"). We appreciate this opportunity to provide traffic-related services in the processing of this development. The basis for this proposal is as follows: Information regarding the proposed Project received in "team" meetings on March 21, March 23, and April 5, 1994; A six-page narrative of the Project (i.e., "1.0 PROJECT DESCRIPTION" prepared by Tom Dodson & Associates) received on April 19, 1994, from Tom Dodson & Associates ,(refer to Attachment A); A traffic impact analysis "scoping" meeting on April 26, 1994, attended by representatives of the City of Temecuia; Caltrans; Barton-Aschman Associates, Inc.; Riverside County Transportation Commission (RCYC); Riverside County Transportation Department (RCTD); and Valley Research and Planning Associates (consultant to RCTC); · Draft Traffic Impact Study Guidelines, City of Temecula, February 14, 1992; E~"'3~ --%---~St"N~- wpa1951340tterneculB.pro Mr. Ronald E. Bradley May 2, 1994 Revised May 13, 1994 Page 2 Draft Riverside County Transportation Commission Traffic Impact Analysis Report Guidelines, June 23, 1993; and Comments concerning the original proposal dated May 2, 1994, from Mr. Raymond A. Casey, City of Temecula. With respect to the two sets of guidelines, it should be noted that certain variations from these draft guidelines are proposed herein based upon input and direction received during the aforementioned "scoping" meeting on March 26, 1994, and from the Southern California Association of Governments (SCAG) on April 29, 1994. It is Barton-Aschman's understanding that the Scope of services proposed herein includes those services required to satisfy the needs of the public agencies responsible for reviewing and approving this Project. We have subdivided our proposal into the following sections: Understanding of the Project; Scope of Services; Time of Performance; Cost of Services; Method of Payment; and Authorization to Proceed. Each of these is discussed below. UNDERSTANDING OF THE PROJECT Both within and directly west of the City of Temecula's adopted Old Town Temecula Specific Plan area is proposed the development of a variety of entertainment-related facilities. These facilities will be constructed by the City of Temecula in cooperation with The Zev Buffman Group, Inc. (TZBG). With the exception of one hotel, the entire Project is proposed for completion in 1996. A traffic impact anaiy. sis (TIA) is required to determine if any adverse impacts on the area transportation system will result due to the Project's vehicular trip generation. In fact, two such studies are required: one addressing the requirements of the City of Temecula, and a second addressing the requirements of the Congestion Management Program (CMP) of RCTC. This proposal addresses both of these traffic impact analyses. flARTON,A$CHMAN ASSOCIATES, INC. wpd~9513401tefnecula.pro Mr. Ronald E. Bradley May 2, 1994 Revised May 13, 1994 Page 3 SCOPE OF SERVICES As cited above, two traffic impact analyses will be prepared, with the results of each to be summarized in a separate document. One analysis will address the RCTC's requirements for compliance with CMP Land Use Coordination. The second analysis will address the City of Temecula's traffic impact requirements. The scope of services for each analysis is presented below. RCTC/CMP Traffic Impact Analysis Based upon direction and input received from RCYC; Valley Research and Planning Associates (consultant to RCTC); and SCAG's Inland Empire Office, the following assumptions will be utilized and tasks completed: 1. The study area will consist of the following four CMP segments/links: a. SR-79 (South) immediately east of 1-15; b. 1-15 immediately south of SR-79 (South); c. 1-15 between Rancho California Road and SR-79 (South); and d. 1-15 immediately north of Rancho California Road. 2. The time period of analysis will be the weekday evening peak hour occurring between 4:00PM and 6:00 PM. 3. In conjunction with Items 1 and 2 above, the following traffic scenarios will be analyzed: a. Existing (1994); b. 1996 assuming no Project development; c. 1996 assuming partial Project completion, i.e., all Project components with the exception of one hotel; d. 2010 assuming no Project development; and e. 2010 assuming full Project completion. ] BARION-ASCHMAN ASSOCIATES, INC. wpdt951340tternecula.pto Mr. Ronald E. Bradley May 2, 1994 Revised May 13, 1994 Page 4 With respect to the five traffic scenarios included in Item 3 above, the following parameters and methodologies will apply: a. Existing (1994) (1) 1994 directional traffic volumes will be obtained from RCTC. These volumes will be either actual 1994 volumes or volumes collected in a prior year(s) and factored by Barton-Aschman to 1994 (utilizing a growth factor(s) supplied by RCTC or SCAG); b. 1996 Without Project (1) The 1994 volumes described in Item 4.a above will be factored by Barton- Aschman to 1996 utilizing a growth hctor(s) obtained from RCTC or SCAG; c. 1996 With (Partial) Project (1) Based upon 1996 Project trip generation and distribution data jointly developed by Barton~Aschman, the City of Temecula, and TZBG, assignments of 1996 Project-generated traffic will be made to the four study segments/links. In order to obtain "1996 With Project" volumes, the 1996 Project traffic volumes will be superimposed directly upon the 1996 non- Project volumes described in Item 4.b above; d. 2010 Without Project (1) 2010 'directional volumes will be obtained from SCAG. If necessary, these volumes will be "modified" by Barton-Aschman to reflect the elimination of trips generated by those land uses (assumed in SCAG's 2010 forecast) which will be "replaced" with Project land uses. As discussed and confirmed with SCAG, this reduction will be done manually, not via the SCA. G (or any other) travel demand model. The number of trips to be eliminated will be obtained from SCAG; e. 2010 With (Full) Project : (1) Based upon 2010 Project trip generation and distribution data jointly developed by Barton-Aschman, the City of Temecula, and TZBG, assignments of 2010 Project-generated traffic will be made to the four study BARTON-ASCHMAN ASSOCIATES, INC. wpd1951340Jtemecula.pro Mr. Ronald E. Bradley May 2, 1994 Revised May 13, 1994 Page 5 segments/links. In order to obtain "2010 With Project" volumes, the 2010 Project traffic will be superimposed directly upon the manually-adjusted 2010 non-Project volumes described in Item 4.d above. 5. Level-of-service analyses for the five traffic scenarios in Item 3 above will be conducted utilizing CMP criteria established by RCTC. If adverse impacts are projected due to Project-generated traffic, a program of mitigation will be recommended. 6. The results of Items 1 through 5 above will be summarized in a traffic impact analysis report. Five copies will be submitted to the City of Temecula for its use and distribution. City of Temecula Traffic Impact Analysis Based upon direction and input received from the City of Temecula, the following assumptions will be utilized and tasks completed: 1. The study area will consist of the following nine intersections: a. Rancho California Road-Business Park Drive/Vincent Moraga Drive; b. Rancho California Road-Di~ Road; c. Rancho California Road-Front Street; d. Rancho California Road-l-15 South ramps; e. Rancho California Road-I-15 North ramps; f. Front Street-Moreno Road; g. Front Street-2nd Street; h. Front Street-Santiago Road; i. SR-79 (South)-I-15 North ramps; and: j. SR-79 (South)-I-15 South ramps. RARTON-ASCHMAN ASSOCIATES, INC. wpd!951340ttemecula.pro Mr. Ronald E. Bradley May 2, 1994 Revised May 13, 1994 Page 6 The time periods of analysis will be the 1994 and 1996 weekday evening peak hour occurring between 4:00 PM and 6:00 PM; the 1994 and 1996 Saturday peak hour occurring between 12 noon and 2:00 PM; and the weekday 24-hour period occurring with General Plan Buildout. In conjunction with Items 1 and 2 above, the following traffic scenarios will be analyzed: a. Existing (1994); b. 1996 assuming no Project development; 1996 assuming partial Project completion, i.e., all Project components with the exception of one hotel; d. General Plan Buildout assuming no Project; and e. General Plan Buildout assuming ~tll Project completion. With respect to the five traffic scenarios included in Item 3 above, the following parameters and methodologies will apply: a. Existing (1994) (i) Weekday (Friday) evening peak-hour turning-movement traffic counts will be conducted by Barton-Aschman at the ten study intersections between 4:00 PM and 6:00 PM; similar counts also will be conducted on Saturday between 12 no6n and 2:00 PM. (Note: The Saturday time period was determined based upon a 24-hour count conducted on May 7, 1994, on Rancho California Road by Barton-Aschman at the request of the City of Temecula. This period 0f analysis was confirmed with the city on May 11, 1994.) b. 1996 With6ut Project (i) The 1994 volumes described in. Item 4.a above will be factored by Barton- Aschman to 1996 utilizing a g~:owth factor(s) approved by the City of Temecula; 1996 With (Partial) Project BARTON-ASCHMAN ASSOCIATES, INC, wpdl~51340~temeculs.l}ro Mr. Ronald E. Bradley May 2, 1994 Revised May 13, 1994 Page 7 (1) Based upon 1996 Project trip generation and distribution data jointly developed by Barton-Aschman and TZBG, assignments of 1996 Project- generated traffic will be made to the nine study intersections. The peak- hour assignments of weekday and Saturday Project traffic volumes will assume, at minimum, the circulation system improvements cited in Section 1.3.B of "1.0 PROJECT DESCRIPTION," Tom Dodson & Associates (refer to Attachment A). (Note: Any additional 1996 improvements identified for implementation by the City of Temecula also will be included.) In order to obtain "1996 with Project" volumes, the 1996 Project traffic will be superimposed directly upon the 1996 non-Project volumes described in Item 4.b above. (Note: If the 1996 circulation system improvements could cause a "reassignment" of 1996 non-Project traffic, a manual reassignment of said volumes will be made by Barton-Aschman. Such a reassignment will be estimated based upon the existing volumes at the ten study intersections and perceived traffic patterns in the area.); d. General Plan Buildout Without Project (1) General Plan Buildout weekday 24-hour volumes will be obtained from the City of Temecula. These volumes will be provided on a roadway segment/link basis in a format similar to that illustrated in Attachment B, Exhibit Y. The precise segments/links will include the roadway segments/links "connecting" the ten study intersections and any others deemed necessary by the City of Temecula. e. General Plan Buildout With (Full) Project (1) Based' tipon the roadway system ,assumed for "General Plan Buildout Without Project" (refer to Item 4.d above), Barton-Aschman will .manually assign weekday 24-hour Project volumes to the roadway segments/links utilized in Item 4.d above. These assignments of Project traffic will be based upon Project trip generation and distribution data jointly developed by Bar~on-Aschman and TZBG. In order to obtain "General Plan Buildout With' Project" volumes, the full Project traffic volumes will be superimposed directly upon the General Plan Buildout non-Project volumes described in Item 4.d above. Level-of-service analyses for the five traffic scenarios in Item 3 above will be conducted utilizing City of Temecula criteria. This will involve intersection capacity calculations for the 1994 and 1996 weekday and Saturday peak hours. With respect to the General BARTON-A$CHMAN ASSOCIATES, INC. wpdl.q513401temec~Jla.pro Mr. Ronald E. Bradley May 2, 1994 Revised May 13, 1994 Page 8 Plan Buildout scenarios, segment/link capacity calculations on a weekday 24-hour basis will be conducted in a format similar to that illustrated in Attachment B, Exhibit Z. For all scenarios, if adverse impacts are projected due to Project-generated traffic, a program of mitigation will be recommended. 6. The results of Items 1 through 5 will be summarized in a traffic impact analysis report. Five copies will be submitted to the City of Temecula for its use and distribution. Meetings Meetings will be attended at the request of the City of Temecula and/or TZBG. These could include "team" meetings, public hearings, "work" sessions, etc. To date, Barton-Aschman has attended four meetings at the request of the City of Temecula and/or TZBG. These occurred on March 21, March 23, April 5, and May 3, 1994. In addition, four additional "team" meetings have been scheduled in May-June 1994 (per Mr. David Hogan on April 29, 1994). Considering public hearings also will be requi~'ed, it is therefore conceivable that 10 (±) meetings ultimately will be requested of Barton-Aschman. Additional Services It is conceivable that services in addition to those explicitly cited above will be required of Banon-Aschman, Typical examples could include the conduct of additional technical studies; responding to comments concerning the traffic reports; and providing assistance during the environmental review process. We will comply as required to the greatest degree possible. TIME OF PERFORMANCE Excluding "Meetings" and "Additional Services," the "Scope of Services" delineated heroin will be completed within approximately four wee~s following Barton-Aschman's receipt of (a) the final Project description, (b) approval by the City of Temecula of the Project trip generation and distribution, (c) all traffic data described heroin from the City of Temecula, RCTC, and SCAG, a'n,d (d) formal authorization to proceed, COST OF SERVICES All services will be completed on a time-and-materials basis utilizing staff rates in effect at the time of performance, plus reimbursement (at cost) for all directly related expenses. A listing of billing rates is provided on Attachment C. BARTON-ASCHMAN ASSOCIATES, INC. wpd19513401ternecula.pro Mr. Ronald E. Bradley May 2, 1994 Revised May 13, 1994 Page 9 All services will be conducted by Barton-Aschman personnel with the exception of the conduct of peak-hour traffic counts at the ten study intersections and the 24-hour count on Rancho California Road. These counts will be conducted by Wiltec, a traffic data collection firm located in Pasadena, California. Wiltec will serve as a subconsultant to Barton- Aschman, and Wiltec's cost to conduct the counts will be $3,370.00. Excluding "Meetings" and "Additional Services," the "Scope of Services" delineated above, including Wiltec's fee of $3,370.00, will be completed for a cost of $24,000.00 to $25,000.00. We will not exceed $25,000.00 without receipt of client authorization./t is explicitly noted that this cost estimate assumes that Barton-Aschman's receipt of all traffic data described herein from the City of Temecula, RCTC, SCAG, and any other public agency or associated consulting firm will occur at no charge to Barton-Aschman. With respect to "Meetings," such services will be charged on a straight time-and-expenses basis, with staff time recorded "portal to portal." For the client's general budgeting purposes, one three-hour meeting held in Temecula and attended by one Barton-Aschman senior-level staff member would cost $1,000.00 (_*). Therefore, if 10 such meetings (averaging three hours per meeting) were ultimately requested by the City of Temecula and/or TZBG (as discussed previously herein), a cost for meetings of $10,000.00 (~) would result. With respect to "Additional Services," a cost of services should be determined at the time of request. (Note: The three primary consulting staff members who will be assigned to this project include T. E. Mitchell, P.E., Principal Associate; T. S. Hamilton, P.E., Senior Associate; and R. Sethuraman, Associate. For this particular project, their hourly billing rates will be approximately $135, $105, and $65, respectively.) METHOD OF PAYMENT Billings for services will be submitted on a four-week basis and are due and payable upon receipt. Balances on invoices which remain unpaid after 30 days will accrue interest at the rate of 1.5 percent per. month. Payments due Barton-Aschman are noncontingent upon Project approval or Project financing and are Barton-Aschman's client's responsibility. Failure to submit payment within 30 days of invoice date shall be deemed sufficient mason to "stop work" on the assignment until payment is receiv.ed. Any resultant delay in scheduled completion date is the full responsibility of the client. Further, in the even legal proceedings are instituted to collect delinquent payments due Barton-Aschman, the client will be responsible for court costs, expenses of collection, and reasonable attomey's fees. BARTON-A$CHMAN ASSOCIATES, INC. wpdt951340tternecula.pro Mr. Ronald E. Bradley May 2, 1994 Revised May 13, 1994 Page 10 AUTHORIZATION TO PROCEED We are prepared to initiate work on this assignment upon receipt of a signed copy of this Letter Agreement, thereby signifying client's full understanding and acceptance of the terms and conditions herein. Again, we thank you for considering Banon-Aschman in assisting in the approval and development of your Project. If you have any questions regarding the above, please do not hesitate to contact us. Sincerely, BARTON-ASCHMAN ASSOCIATES, INC. ACCEPTED AND APPROVED BY: Thomas E. Mitchell, P.E. Vice President (Signature) TEM/km Attachments (A; B; C) (Typed Name) (Date) Authorized to Execute Agreements for: ] BARTON-ASCHMAN ASSOCIATES, INC. wpdt9513401temecula.pro 1.0 PROJECT DESCRIPTION 1.1 Introdu~ion In 7777, 1994 the City of Temecula adopted the Old Town Temecuia Specific Plan which establishes a vision for ~midlng the future development of the hem dTemecula, Old Town- As stated in the Specific Plan 'the purpose of this Specific PLan document is to assure the systematic implementation of the General Ean...the doo~nent provides a comprehensive plan for land use, development reLmlations, design guidelines, vehictdar circulalion, parkln~, development incentives and other related actions _,_t?,ed at implementing the $oah and objectives set forth in the General Plan.* The City, in cooperation with Mr. Z. ev has identified a suite of emerta!~reent facilities that are proposed for development implement a portion of thc Specific Plan. The proposed facilities will be considered in Initial Study which will provide the City with the environr, ental tdormation it needs in order io deter,nine whether an l=~nvlronrne~ls-1 hnpact Report (EIR) must be prepared to ~omply with the California Environmental Quality Ac~ (CEQA). 1.2 project T ocation The Old Town Specific Plan encompasses the area between l~ancho Cali/ornta Road and Sanliago Road/Fint Street on the north and south, respecilvely and the 1-15 Freeway on the easl, and essentially Pujol on the west. An additional area is being inchIdeal as pan of - the proposed project, south o~ Pujol Street. The topographic map location o£ the site is shown on the Temecula 7.5' topographic map. Since th!_· area is pan of an old rancho it has no~ been assigned section numbers. The cadastral location is Latitude 33c :28' North and' Longitude 117D 09' West. The regionnl location is shown in Figure 1-1 and the area locagon and topography are shown in Figure 2 which was abstracted from the Mth'Tieta and Temecula 75' top~raphy rn,ps. 1.3 Pr{~c~ Characlerlsl~ The proposed project encompasses a variety of structures, activity areas, parIcing areas and circulation system modifications, and hotels. An estimated total of ten new occupiablc su-ucrares are proposed for construction and as many as two parIcing structures may be constructed, The entertainment strucwres arc designed to implement the central enterL,;nment concept of the Old Town Specific Plan (OTSP). Three of the struct~es (the Wild West A~ena and the lwo hoteis) are located outside of the OTSP and w~l either rectuire inclusion in the Specific Plan area or will require adoption of a separate plan in accord with the exlstinS City General Plan requlremen~s for the area. All of these facilities will be reviewed for adverse impacts from approving, constructing and operating them as outlined in the following discussion of. project characteristics. 1 A Attachment _ Entertainment Facllltles The City. in cocrp~ration w~th Mr. Zev B-fire.-; proposes to construa the following facilities: Cabargt Th~atre~ Two ularr. t theatres ar~ proposed to be IDeated ha the Spt~_~,~ Plan corm area at the proposed location shown ma lrtfdre 3. ~acia Cabaret is propoled to contain about 1~,000 squ~'e feet (ft~ of area On a L~00O ~t~ footprint. The structttr~ wfil Iz apl~rofimataly 2~ feet ~gla and w~ prc~ide f~r · ~_~ud sen.7. h&. theatre w~ b~ d~gn~ to ~nt~rtain · maximtun of S00 pr, opl~ at on~ T'~ or~m'a floor va'll provide seating at tabl~ for 400 psrao~ and the balcony w~l provJd~ 200 balmy. Each show is ffp~t~l to last for approxlmataly two hours and it is Initi~ly anticipated the theater w~ hold ~ show~ per week: one r,]aow per day Monday thru Tnuraday at 7'_~ PM; two shows on Friday at 7 and 9'~0 PM; four ~ov~ ma Saturday at 12, 5. 8 and 10 PM; and three on $un~, L~, ~, aml S PM. TI~ ~ar~t tla~u will .host count/and wr. stm-~ mater*-~-,-~t and order appropriate cabaret acts. propos~ k~a,_l_m~ thowu on lr~mr~ ~. hch saloon is proposed to contain m ~,,,,~ely ~,0O0 f~ in a 0;'21~ story str'dcrar~ TIle footpx~t Of t~ building v~ alto be %000 ~.r ]~acja aalo~a ~ d~i_~n~! to enterta~ approximately ~0 p~rr~n~ 2~) at tables and about 100 at tlxe bar or adjacent A small stage v~ b~ provkl~l for typical bar antert-~,-~nt, such M dancing glr~ $tag~t bar fight~ ~oo~outa and other ~utcr~.;,,w~cnt w~l be providc~. The aloona v,411 Tc~ open from .~ to ~ P~ on Monday tkru Thurt~ay~ open from (. to m~d~ght on Fr~ open from noon to mfa.iE~t on Sa~ and froca noon to l~ PM. Typical ~ ~are wa*~l be prov~scl for patre-~ and wattm'/waitrm ~ Opmra Hous~ An op~a lxou~. t~ proposed to l~ ~o~ on ~ 3. ~e ope~ bo~e ~ s~r~at~y ~ feet ~ ~ opera bone ~ ~ea~ to en~ ~,~ ~ ~ s~ ~ ~d ~ scs~ ~ ~c b~y. Sca~g ~oughout ud rain ~o ~ o~u~ a~pr~ate~ ~ opera ho~ ~ ~ ~ ~o~; per w~ ~ on ~8 foHo~ s~ed~e: M~hy ~ ~s~y 7 PM; F~y 7 ~d 9 PM; ~y ~ ~ 7 ~d ~ f~o~ Xr~d~y m~ ~d ~medy ~o~ ~ rcq~c approValely ~ m~eutu m ~o~. F~ ~ps ~ f~om mom~u ~m ~cat wute~ mo~es ~ ~ pro~d ~ ~e T~ sh~ on 2 Paveion: A vL-.mal rull~y pavl~on or p~ ~ ~ ~d re~ ~ ~ be ~ of ~ ~ s~: ~t abo~ ~-~ feet) h es~t~ to ~ a~ut ~ five to ~ ~utcs ~ ~e ~er ~ v,--;-~ ~ ~ to fo~ mhut~ a~le ~ ~ lobby ~ ~c ~z ~ m ~ ~ ~ ~c ~z~. · Quick Draw" Competition .Arm X,, the Old Town core arest a proposed to contain · quick draw on·pot:talon arcs. The proposed plan and compcddo~ area Ire shown in Figure 3. Tlfis ~ be · wuter,,{-,'~ walk thzouZh an ouzdoor maze d target,. An inAzvtdua] w~ wear an e~clrontc 2un and It7 to score u ma.y Ix, i~s u l~f~'~l~ wRhoui 2~ 'removed' f~om ccml~ion. The w~l be fully v~'blc to -,, aucll~cz surrounding the competition ales. Peopl8 ~ be able to root for Chef_· favorite person. Ton people can participate in each five minute trip and scores t be ix~ed on · lsrae elcc~oz~c beard. Wz~uers will S=t Hotels: Two major 'hotels arc proposecl for conxh-uctlcn in the v~-;.y of the vaqd west erens at the proposed location show~ on Figure 3. Th~ erea is outside the current bounclar~s of the o'rSP and Gill have to be broughl into the OTSP or addressed Lu · separate specific plxu. One hotel h proposed to be foul gcrlel in height and provide · total ~f ~) roomk A 5.7 ac~e psd w~l be provided for this fac~y which is prol~cnc~ to r,~nxah approximately 141,000 ft~ d spac~ The gc~nd hotel is proposed ~ be · s~x story mr~c~u~ ~th ~0 rooms and about I~0,OG0 fi~ cn a ~ S.7 afro pad. The hc~eis are fore~ut to coutx~n appr--~,~atel~ 1GG,0~0 f~ d rela~cd retuil space. L3,B CIrculation ~stem Improvements '3En order to acco,-~modate the trn~c generated by the entertainment and hotel fac:ifit~es ou,1~-ecl above, the Ct~ has ldenti~ed a range of circulation ,.vl_ parking system improvements to enhance at. me flow wi,~;- the OTSP area and the area to the southwest where the arena _~_ hotels wfil be located. These improve. menU are ov,_~,~ed below end the locations of each of these improvements is shown on Figure 4. L Sizth Street may be ranproved in accord~,,,z with the OTSP z,'~,_,_,,,mondations. It would be tntc~i~ comt to the Pu]ol Strui/Valdcz Av~me intersection, A new bridge 'would be required to crou Murri~.a Creek. Vatdez Avenue v~ be ,.-*ended from laneho C-.1;ror~ to Pujol Su,~ incl,,,~-.~ stralghte, ni~ the ~tosd and Vabtez Avenue would be revised to make Dlaz Rosd/Vsld~z Avenue a through rout. The v/t, stem bypass ~ be constructed fro~ its intcrst,.t|^,, wltTs S.~ato Highway 7g/Interstate 3~ inter~l,-,~ as a four inne divided road. The byptu would be constract~i north un~ ~ ;-t~,'seeu with an cxansioo of V'sa~.,~t Moragt Drive. Vineout Moraga Drive would be easendr. d to the s~uthwec from its present ter--;-,zs in the conszruaed indu.~rhi pada to the westera b~pus. Tbls route would z~tuL'~ construction of another bridge aams Murfiea Creek. The Ma~n Street Bridge w~3 be mod~ed for pcdcstr~n and local trans~Z c~rculatiz, but it scrv~ u u au~noblle route from east to w~r.t. ]vr. mor tmprovc~emt. t, ~ U fidcwslla and c~rb~ wi~ be installed along Frout $tre~ sou~ of Firs~ Street. The north bound off-ramp on the I-L~ at Rancho Ca]ifon~ Road ~ be rcczstruct~ to improve tntSc flow through ~;~ intoration. Wt~;,, the central portion of Old Town, one of the eut-wesZ streets (Pourt Street, Main Street. or Third Street) ~ be closed to through traffic cod beam: psn of the plaza. The location of the vdll vary depena;-=~ upon tha C:i~s conchslon repr,~-=~ the best loculan for IL During m~or performa~_~-_._, the C~ ~ eonslda. an operating alternative of closing Prom $zreet in the Old Town tud dirc~.ing r.r&i~c north un Second Street to ~ereedu and thenco to Sixth Street or Moreno Road to intersect Front Strec.t on the north s~de of Old Town. A]ternath, e]y, trafllc can be · - 4 SENT BY:TOM DODSON & ASSOC, | 4-19-94; l:l?Pi; 7148898050N 18185850?22;# 6 ~fn~:xed south to :!'~ol/Va]dez of the Wuten Bypa~ Some road improw, menu may be made along the ),·creeds, s, Second Street ud/or Sbcth Street/Motto Road .".~,-enn to facilitate trtelc flew in thin esu~ DuHn2 major events the project wonld include a vatlet7 of st~,~t e~.e~.;-,--~ acth4des. $,,,-e form of people ~ system wig be Installed along Main Street from Front Street ~ the Arant ThJl could Include I themeal ol, m m/stem, f-,,|-ular D's-e;e m/Item, hm'M drawn cets, of · ped~ The ch-culet~m system imi,.-~--~nents that are m*-H.~ to adequate aczss to the proposed facllh3, are anticipated to be constructed and plm:~l in operation in lg9~. if the projea is approve. d by the ChT. Other improvements to supper2 It is -^,4~ipated e_}s_et other improvements can be completed in support of tho OT~P wbe~ they ass appropriate as d~sed in future tra~c smdles. The grc~tsupc in the Old Tow~ area will be censerused to meet the des~x 2u~dcJines contained in th~ OTSP. Thls can include rolled cttrbs. wooden bosrdwalk, ih'cot amcxfides (such as bonch=), and covered sfcades. 1.3.C Paricing Facilities A~cr careful evaluation the city hu concluded ?h~t ccn~q-ed p~ng on ~c p~phe~ of ~e Old To~ ~ be~ ~e ~e l~d ~e ~n~pt ~n~;~ed h ~c ~P, ~c fo~o~g faddes ~e proposed, L Approximately 3,/20 ptrlrh$ spin wig be provided -Inn~ the west ride d Front Street. At 3~. ft3 pet space, approxhnsely L~ acres of If ca dl.'vOted tO ~&r~S as 2howe In Fl&'llf2 3. A two store7 Cm height) pszlcing stzuaurc is proposed north of SL~z Strew. It h antlclpeted t~t 300 parldn~ spaces wFtl be pro~a_eA_ in th~s par%a..~ mcrm.= w~,Ich is propof, e~ to be located as shown na F~re 3. The pa~k~2 su'am~re is prnpos=d to hsve an oppr,,-4,-ste :ZS,000 ~ footprint. P.e.~Jil space pvx~.; spaces and/~r a par~-_- stn~mrc will be provided adjacent to th~ Arena and the hotsis. ~t is · -"~pat~ that l,?00 paflch$ spaces ~ be pto~Id~l for the arena on al~rroxlmatel~ 12.7 ac~u d lane An esH,~eted 8~0 l~'ld~ stalls will be pro'Adcd for th~ hoZeis on an approximete sin sere si~e. These If required, an overflow l~r~-5 area may be ,.,,,,.,'-used ad.iacc~t to l~jol $1re~t near its intersection wir~ the western bypasr. S-Pecks· ~rca~ is syllable for 7777 s~ce~ The location is shown on FzK~re 3. A total d~,900 permanent parklz~ F, st~. xr= proposed for~_s!lst;~s, to suppo~ the projea ond the OTSP. 1.3.D Procedural Review Requirements In order to co~su-uc~ these facifities and improvements, the City must euluate and then approve a m~ster conditional use permit and either an amendment to the Old Town Specific :.Plan or a new spe~R~ plan for the area currently not located within the Specific Plan, The master conditional use permit for all of the improvementS will allow future approvals based upon rcvicw of individual plot p! _~-s for each of ~c proposed facilities or fadlit·e· submitted in conjunction with each other. The environmental documentation being prepared for t~;~ project evaluates the individual project componentS and it is anticipated that no additional en~Aro-mentaJ determinations va'll be required once the City makes · decision on the BENT BY:TOM .~0N & A550G. ; 4-18-84; I:I?PM; ?~48898050N 181~SESQ?22;~ ? .., proposed project. Individual building permits would be required prior to construction, but as lonZ as suchl~ermits conform to the design gnidelinas contained in the OTSP and the Uniform Bulldiz~ Code such permits are considered ministerial actions under the CEQA. 1.4. Re,oraCle A~encies The proposed project ~ affect state highway and Interstate right-of-way and Caltn~t have jurisdiction over imFovements w~th1~ these rights-of-way. Therefore, Caltr~,~= wfil act a~ a Responsible Agency for the proposed project. The bridge crossings over Murrieta Creek will require the Cit~ to obtain a 160~ $tre_~m Aberation Agreement from the Department of Fish and Game (DFG). Also, it it possible that a permit to take an listed species (the C~l~ornh Gutcatcher) will have to be obtained from DFG. This permit is termed as '2081" permit and it is issued under the C-~ornia Endangereel Species Act (CESA). DFG will serve as a Responsible Agency under the CEQA. At this time it does not appear that anlr air or water permits will be required ~or this project. No other State agencies have been idemified from which permits my be required. Permtu ~ be required from the Corps of Engineers foe ~n~*n11;~E the bridges acron Murrieta Creek (Section 404 Permit). The possibility of affecting the Gutcatcher means that it my be necessary to obt~ a "take' permit from the U. S. Fish and Wilctlife-Sendce CFWS). If the consultation for the take permit is conducted through the Corps, it will be conducted under Section 7 of the federal Endangered Species Act CESA). If the consultaticm is conducted by the City directly with the FWS,. a Section 10 consultation will ensue. Because circulation system improvements are proposed to be made wit]~i~ the Inletstate 15 fighi-d-way, the Federal Highway Aam~Istratian (F'HA). must be consulted and permits obtained for these improvements. No other federal agencies have been identified from which permits may be required. The T~tial Study Envirorm~ental C:bec.lc~t Form follows this project description. It questions regarding potential impacts of the project for 20 environmental issues. Substantiating data are provided to support the conclusions contained in the Checlclist Form. This supportSag data is provided for'all ChecJdist issues, regardless of whether they have been checked *Yes*, *.Maybe', oe *No'. The environmental setting is provided in the perfinent section of the substantiating discussion for each issue. Mitigation meso~res and references are aho cited in each section and mitigation measures are compiled for the whole documenl foBowing the Mandalory Fiv~i,~gs section of the Checklist. The Ellvironmental Checklist Form begins on the page followin~ the attached BUILDOUT AVERAGE DAILY TRAFFIC [ADT] 24 't:~i,t4Ci40 11 14 19 BALDARAY 5 MERCEDB* / LEGEND: 7 -- VEHICI, r_S PER DAY (IO00'S) SOURCE: WILBUR SMFTH ASc;OCIAI'[S 190 27 5 142 OLD TOWN TEMECULA SPECIFIC PLAN EVALUATION Temecula, California EXHIBIT Y Attachment B Z .T.IaIHXH e!u.~oJ!!eO 'elnoewe.L NOIJ. VR'IVA9 NV'ld OldlOgdS (~ Y"IIIO]HiIJ, N/~OJ. 010 S3J. VZOOSSV I-U.IINS ~A~"IIM :30~7105 OU.V'~ A,.LIDVciVD-O.L--3P'IN'IOA - c~g- :C]N303"1 )9' £9' · O~9N'~r'~ L -,:~ 90' BOllVB AJ, IOV,~VO-OI-:q~R'!OA/nOOqlNB BARTON-ASCHMAN ASSOCIATES, INC. Schedule Of Hourly Rates Rates Effe~ve February 1993 Principal Associate* Senior Associate* Associate* Support $120.00 - $160.00 $90.00 - $150.00 $60.00 - $90.00 $25.00 - $70.00 Rates for individuals in these categories will be increased by fifty percent (50%) for time spent in court testimony. Attachment C