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HomeMy WebLinkAbout011403 CC Agendain compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title ii] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JANUARY 14, 2003 -7:00 P.M. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 11:00 P.M and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 11:00 P.M. 5:30 P.M. - Closed Session of the City Council and Redevelopment Agency pursuant to Government Code Sections: Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.8 regarding real property acquisitions, property located at APN 921-020-039, generally located on Diaz Road at the intersection of Rancho California Road at Vincent Moraga Drive. Under negotiation is the price and terms of the real property interests. The negotiating parties are the City of Temecula and Wilma M. Massie, property owner. The City negotiators are Shawn Nelson and Bill Hughes. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.8 regarding real property acquisitions, property located at APN 921-040-028, generally located on Diaz Road at the intersection of Rancho California Road at Vincent Moraga Drive. Under negotiation is the price and terms of the real property interests. The negotiating parties are the City of Temecula and Jerry R. Morter and Linda C. Morter, property owners. The City negotiators are Shawn Nelson and Bill Hughes. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to three matters of existing litigation involving the City. The following case will be discussed: 1) City of Temecula v. County of Riverside (Tucalotta Hills); 2) City of Temecula v. County of Riverside (Domenigoni-Barton); and 3) City of Temecula v. Corona Family Trust. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(b)(1) with respect to three matters of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and ~he City will decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. R:~Agenda\011403 1 Next in Order: Ordinance: No. 2003-01 Resolution: No. 2003-01 CALL TO ORDER: Prelude Music: Invocation Flag Salute: ROLL CALL: Mayor Jeff Stone Margaret Bird Councilman Comerchero Comerchero, Naggar, Pratt, Roberts, Stone PRESENTATIONS/PROCLAMATIONS Presentation of Gavel by out.qoinq Mayor Roberts to incomin.q Mayor Stone Dr. John Husinq Presentation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter no__t listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. R:~genda\011403 2 2 6 Minutes RECOMMENDATION: 2.1 Approve the minutes of October 22, 2002; 2.2 Approve the minutes of October 29, 2002 (RCIP Workshop); 2.3 Approve the minutes of October 29, 2002 (Joint City Council/Planning Commission); 2.4 Approve the minutes of November 12, 2002. Resolution Approvin.q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 03- 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 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of November 30, 2002. YMCA Ground Lease Aqreement RECOMMENDATION: 5.1 Approve, in its substantial form, the Ground Lease Agreement between the City of Temecula and the YMCA of Riverside City and County, Inc. Community Development Block Grant Application Proposals for FY 2003/04 RECOMMENDATION: 6.1 Approve the Community Development Grant (CDBG) funding recommendation from the Finance Committee and staff; 6.2 Authorize the Director of Finance to execute Sub-recipient Agreements and to reprogram CDBG funds in accordance with the current budget resolution for general administration of the Fiscal Year 2003/04 Community Block Grant Funds. R:~Agenda\011403 3 7 Award of Contract for P.C. Workstations RECOMMENDATION: 7.1 Award a contract for Pentium based computer workstations to Tech 101- Arcus, Inc., of Irvine, California, in the amount of $92.000.70. 8 9 Records Destruction Approval RECOMMENDATION: 8.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. French Valley Parkway/I-15 Overcrossinq and Interchange Improvements- Project Report Preparation - Proiect No. PW02-11 - and French Valley Parkway Interim Southbound Off-Ramp to Jefferson Avenue - Phase I Consultant A,qreement RECOMMENDATION: 9.1 Approve an agreement with Moffatt & Nichol Engineers in an amount not to exceed $1,091,693.00 to provide the necessary design services needed to prepare a Project Report (PR) and Environmental Documents (ED) for the French Valley Parkway/I-15 Overcrossing and Interchange Improvements - Project No. PW02-11 - and Plans, Specifications and Estimate (PS&E) for the French Valley Parkway Interim Southbound Off-Ramp to Jefferson Avenue - Phase I - and authorize the Mayor to execute the agreement; 9.2 Authorize the City Manager to ap,')rove change orders not to exceed the contingency amount of a $109,169.30 which is equal to 10% of the agreement amount. 10 Completion and Acceptance of Citvwide A.C. Repair Program for FY02-03 - Proiect No. PW02-04 RECOMMENDATION: 10.1 Accept the Citywide A.C. Repair Program for FY02-03 - Project No. PW02-04 - as complete; 10.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; 10.3 Release the Materials and Labor Bond seven months after filing the Notice of Completion if no liens have been filed. R:~Agenda\011403 4 11 Naminq a Desi,qnated Recipient (DR) of Federal Urbanized Area (UZA) Formula Funds - Federal Transit Administration's (FTA) Section 5307 Pro,qram RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECOMMENDING THAT THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) BE IDENTIFIED AS THE DESIGNATED RECIPIENT (DR) OF FEDERAL URBANIZED AREA (UZA) FORMULA FUNDS FOR THE TEMECULA-MURRIETA URBANIZED AREA 12 Crowne Hill Park Joint Use A,qreement RECOMMENDATION: 12.1 Approve the Crowne Hill Park Joint Use Agreement between the City of Temecula (City) and the Temecula Valley Unified School District (TVUSD). RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY R:~,Agenda\011403 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALLTO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: PUBLIC COMMENTS Next in Order: Ordinance: No. CSD 2003-01 Resolution: No. CSD 2003-01 Naggar, Pratt, Roberts, Stone, Comerchero A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item no.~t on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. PRESENTATIONS/PROCLAMATIONS Presentation of Gavel by outgoing President Stone to incominq President Comerchero CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of December 17, 2002. 2 Ratification of Election Results - Tract No. 23209 RECOMMENDATION: 2.1 Adopt a resolution entitled: R:\Agenda\011403 6 RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON JANUARY 6, 2003, DECLARING THE RESULTS AND OTHER MATFERS AS PROVIDED BY LAW 3 Loma Linda - Tract Map Nos. 19872-1, -2, -3, -4, -5, and Final - Service Level C Rates and Charqes RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL C RATES AND CHARGES FOR THE LOMALINDA TRACT BEGINNING FISCAL YEAR 2003- 2004 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH DISTRICT BUSINESS 4 Wolf Creek Sports Complex Master Plan RECQMMENDATION: 4.1 Approve, in its substantial form, the conceptual master plan for the 43-acre Sports Complex in the Wolf Creek Development; 4.2 Award a contract of $621,500 to RJM Design Group for the preparation of construction documents plus a 10% contingency of $62,150 for the project; 5.3 Authorize release of a formal public bid for the Sports Complex project. DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, January 28, 2003, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\011403 7 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 2003-01 Resolution: No. RDA 2003-01 CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. if you decide to speak to the Board of Directors on an item no~t on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. PRESENTATIONS/PROCLAMATIONS Presentation of Gavel by out.qoin.q Chairperson Comerchero to incominq Chairperson Roberts CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of December 17, 2002. RECONVENE THE CITY COUNCIL MEETING R:~Agenda\011403 8 JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING Any person may submit written comments to the City Council/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 courts, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City clerk at, or prior to, the public hearing. 2 Corporation for Better Housin,q Senior Housin.q Project RECOMMENDATION: 2.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND 28500 PUJOL STREET, A CALIFORNIA LIMITED PARTNERSHIP 2.2 That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 03- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND 28500 PUJOL STREET, A CALIFORNIA LIMITED PARTNERSHIP 2.3 That the Temecula Redevelopment Agency appropriate $200,000 from Senior Housing Affordable Housing Fund. RECESS THE CITY COUNCIL MEETING EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, January 28, 2003, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\011403 9 RECONVENE THE CITY COUNCIL MEETING PUBLIC HEARING Any person may submit written comments to the City Council before a public Hearing or may appear and be heard in support of or in opposition to the Approval of the project(s) 3at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 13 Introduction of the Western Riverside County Transportation Uniform Mitiqation Fee Proqram Ordinance RECOMMENDATION: 13.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AND ADDING CHAPTER 15.08 TO THE TEMECULA MUNICIPAL CODE 14 Eli Lilly & Company General Plan Amendment (PA01-0418); Specific Plan Amendment (PA02-0510); and Zone Chanqe (PA02-0509) RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0418, A GENERAL PLAN AMENDMENT ON THREE PARCELS ON THE SOUTH SIDE OF OVERLAND DRIVE BETWEEN MARGARITA AND YNEZ ROAD, AND GENERALLY KNOWN AS LOTS 1, 2, AND 3 OF PARCEL MAP NO. 30107 AND A SPECIFIC PLAN AMENDMENT ON LOT I OF PARCEL MAP NO. 30107 14.2 Introduce and read by title only an ordinance entitled: R:~Agenda\011403 10 ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE REGIONAL CENTER SPECIFIC PLAN (SP-7) TO REMOVE ONE PARCEL (LOT I OF PARCEL MAP NO. 30107) FROM THE REGIONAL CENTER SPECIFIC PLAN (SP-7), GENERALLY LOCATED AT THE SOUTHEAST CORNER OF OVERLAND DRIVE AND YNEZ ROAD (PLANNING APPLICATION NO. 02-0510) 14.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP TO CHANGE LOT I OF PARCEL MAP NO. 30107 FROM SP-7 TO COMMUNITY COMMERCIAL, AND LOTS 2 AND 3 OF PARCEL MAP NO. 30107 FROM BUSINESS PARK TO COMMUNITY COMMERCIAL, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF OVERLAND DRIVE AND YNEZ ROAD (PLANNING APPLICATION NO. 02-0509) 15 Valley Christian Fellowship General Plan Amendment and Zone Chanqe (PA02-0260) RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO DENY THE GENERAL PLAN LAND USE AMENDMENT FOR A SITE LOCATED AT THE SOUTHWEST CORNER OF DE PORTOLA AND MARGARITA ROADS (ASSESSOR'S PARCEL NO. 959-150-050) 16 Corporation of Better Housinq Senior Housinq Proiect - Tax Exempt Fiscal Responsibility Act (TEFRA) Public Hearinq Notice RECOMMENDATION: 16.1 Continue the public hearing to the City Council meeting of January 28, 2003. COUNCIL BUSINESS 17 Selection of City Council Committee Assiqnments RECOMMENDATION: 17.1 Appoint a member of the City Council to serve as liaison to each of the City Commissions and Committees and to the Pechanga Tribal Council: R:~,genda\011403 11 17.2 17.3 17.4 Commission Liaison (One Member) Community Services Commission Old Town Local Review Board Old Town Redevelopment Advisory Committee Planning Commission Public/Traffic Safety Commission Pechanga Tribal Council Liaison Appoint two members of the City Council to serve on each of the following Advisory Committees: Advisory Committees (Two Members) Community Service Funding Ad Hoc Committee Economic Development/Old Town Steering Committee Finance Committee Joint City Council/TVUSD Committee Library Task Fome Old Town Temecula Community Theater Ad Hoc Committee/Theater Advisory Committee Public Works/Facilities Committee Appoint member(s) of the City Council to serve on each of the following external committees: Representative Assignments (External Organizations) City of Murrieta Liaison County General Plan Update Committee - RCIP (attend meetings) French Valley Airport Committee League of Calif. Congress - 2003 Voting Delegates Multi-Species Habitat Conservation Plan Committee (attend meetings) Murrieta Creek Advisory Board National League of Cities Annual Congress - 2003 Voting Delegate Riverside County Habitat Conservation Agency Riverside County Transportation Commission Riverside Transit Agency Representative Temecula Sister City Corporation Board of Directors Trails Master Plan Development Committee WRCOG Representative Appoint member(s) of the City Council to serve on each of the following Council Subcommittees: Council Subcommittees Animal Shelter Subcommittee Chitdren's Museum Ad Hoc Subcommittee Electrical Needs Ad Hoc Subcommittee Homeless Programs & Services Subcommittee Rancho Community Church Subcommittee R:\Agenda\011403 12 18 Roripaugh Ranch Annexation Ad Hoc Subcommittee SAF-T NET Subcommittee Sports Park Ad Hoc Subcommittee Temecula/Murrieta Subcommittee Wall of Honor Ad Hoc Subcommittee Water Park Subcommittee Villages of Old Town Ad Hoc Committee Consideration of adoption of Resolution of Necessity for the Acquisition in Eminent Domain of property for street improvements and for temporary construction easements in connection with the Diaz Road Realiqnment Project - Project No. PW95-27 (APN 921- 020-039) - Massie Property RECOMMENDATION: 18.1 Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this Report, take testimony from any person wishing to be heard on issues A, B, C and D below, and consider all the evidence to determine whether to adopt the proposed Resolution, which requires a unanimous or 4/5ths vote; 18.2 If the City Council finds, based upon the evidence contained in and referred to in this Report, the testimony and comments received in this hearing, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2003- (which requires a 4/5ths vote of the entire Council) and authorize that an eminent domain proceeding be filed to acquire Certain Property Interests ("Subject Property Interest") in the real property consisting of a fee simple as well as a temporary construction easement interest in a portion of the real property commonly known as Assessor's Parcel No. 921-020-039 and more fully described in the attached Exhibits. Specifically, the legal description of the acquisition of the fee simple interest sought to be acquired on portions of the real property identified as Assessor's Parcel Number 921-020-039 is attached as Exhibit "A" and depicted on the map attached as Exhibit "B". The legal description of the acquisition of the temporary construction easement interest is attached as Exhibit "A-I" and depicted on maps attached as Exhibits "B-I", "C-1" and "C-2"; 18.3 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE PROPOSED DIAZ ROAD REALIGNMENT PROJECT 18.4 As a resolution, if approved, approve a warrant payable to the Clerk of the Court, Riverside County in the amount of $5,397.00 for deposit in court to obtain an order of possession of the Wilma M. Massie property interests; 18.5 Authorize the City Manager to execute all necessary documents. R:~Agenda\011403 13 19 Consideration of adoption of Resolution of Necessity for the Acquisition in Eminent Domain of property for street improvements and for temporary construction easements in connection with the Diaz Road Realignment Proiect - Proiect No. PW95-27 (APN 921- 040-028) - Morter Property RECOMMENDATION: 19.1 Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this Report, take testimony from any person wishing to be heard on issues A, B, C and D below, and consider all the evidence to determine whether to adopt the proposed Resolution, which requires a unanimous or 4/5ths vote; 19.2 If the City Council finds, based upon the evidence contained in and referred to in this Report, the testimony and comments received in this hearing, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2003- (which requires a 4/5ths vote of the entire Council) and authorize that an eminent domain proceeding be filed to acquire Certain Property Interests ("Subject Property Interest") in the real property consisting of a fee simple as well as a temporary construction easement interest in a portion of the real property commonly known as Assessor's Parcel No. 921-040-028 and more fully described in the attached Exhibits. Specifically, the legal description of the acquisition of the fee simple interest sought to be acquired on portions of the real property identified as Assessor's Parcel Number 921-040-028 is attached as Exhibit "A" and depicted on the map attached as Exhibit "B". The legal description of the acquisition of the temporary construction easement interest is attached as Exhibit "A-I" and depicted on map attached as Exhibits "B-I" and "C"; 19.3 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE PROPOSED DIAZ ROAD REALIGNMENT PROJECT 19.4 As a resolution, if approved, approve a warrant payable to the Clerk of the Court, Riverside County in the amount of $129,190.00 for deposit in court to obtain an order of possession of the Jerry R. Morter and Linda C. Morter property interests; 19.5 Authorize the City Manager to execute all necessary documents CITY MANAGER'S REPORT CITY ATrORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, January 28, 2003, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\011403 14 PROCLAMATIONS AND PRESENTATIONS ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL OCTOBER 22, 2002 After the Closed Session that convened at 6:15 P.M., the City Council convened in Open Session at 7:00 P.M., on Tuesday, October 22, 2002, in the City Council Chambers of Temecula City Hail, 43200 Business Park Drive, Temecula, California. Present: Councilmembers: Comerchero, Naggar, Pratt, Stone, Roberts Absent: Councilmember: None PRELUDE MUSIC The prelude music was provided by Amanda Madrid. INVOCATION The invocation was given by Pastor Gary Nelson of Calvary Church. ALLEGIANCE The flag ceremony was presented by Cub Scout Pack No. 337. PRESENTATIONS/PROCLAMATIONS Certificate of Achievement to Hillcrest Academy Advising that the Academy will be celebrating its 25~h Anniversary, Saturday, October 26, 2002, at the campus, 1:00 P.M. -4:00 P.M., Principal Maureen Manion invited the Council and public to attend the celebration and thanked the City Council for its special recognition. At this time, Hillcrest third graders and their teacher, Mrs. Tansley, performed for the City Council. Presentation of $51000 to the Fire Department for the purchase of a trailer Ms. Susan Norton and Ms. Sandy Carlisle of Guidant Corporation presented a $5,000 check to Fire Safety Specialist Horton and City Fire Chief Windsor, who, in turn, extended their appreciation to Guidant Corporation and advised that the funds would be used for the purchase of a Fire Prevention trailer for the enhancement of community information/education programs. PUBLIC COMMENTS A. Mr. Pat Vesey, 28192 Tierra Vista, representing the Drifters' Car Club, Veterans of Foreign Wars, and P&R Productions, presented to the City Council a commemorative poster of the Temecula Fall Rod Run Event and thanked the City for its support and advised that the event raised over $19,000 for the Veterans of Foreign Wars. B. Mr. Otto Baron, 28681 Pujol Street, referenced a citation which had been issued with regard to his property and continued to explain to the City Council how his property rights have been violated. R:\Minutes\102202 1 C. Advising that she owns a shop in Old Town, Ms. Lorena Spencer, 43104 Agena Street, expressed concern with the competition that the Farmers' Market has created for the Old Town merchants, noting that Farmers' Market vendors are not required to pay taxes. Ms. Spencer, as well, expressed concern with the lack of a sidewalk for those businesses located on Fifth Street. Mayor Roberts advised that Councilman Naggar, at a previous meeting, had requested that staff address the concern with regard to the Farmers' Market and noted that staff will contact her with regard to the sidewalk issue. D. Mr. Steve Chavez, 39810 Golden Rod Road, requested that Agenda Item No. 13 (All- Way Stop Sign Installation [located at North General Kearny Road and Golden Rod Road]) be continued. CITY COUNCIL REPORTS A. Councilman Naggar commented on the upcoming discussion of the Master Plan for the Wolf Creek Sports Complex and advised that the Murrieta Creek Flood Control has requested to make a presentation with regard to Creek area improvements including trails and recreation. B. Having, in the past, spoken in opposition to City policies and having questioned staff's judgment with regard to traffic and public transportation, Councilman Pratt clarified that his questioning of staffs judgment and his speaking in opposition to staffs opinion by no means would infer that staff would not be capable but merely that staffs opinion differs from his opinion. C. Commenting on this City's zero graffiti tolerance, Mayor Pro Tern Stone apprised the Council that it has been brought to his attention that there may be a resurgence of graffiti and, therefore, he requested that the City's existing graffiti ordinance be readdressed in order toe educate the businesses of this community. D. Advising that he attended a UCLA symposium entitled Tackling Traffic Congestion, Mayor Roberts commented on the varies opinions and that he will share the information with his fellow colleagues. CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motionto waivethe mading ofthete~ ofallo~inances andresolutionsincludedinthe agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of September 17, 2002. (Councilman Naggar abstained with regard to this item.) RNVlinutes\102202 2 3 Resolution Approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 02-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Community Service Funding Program RECOMMENDATION: 4,1 Review and approve the 2002-03 Community Service Funding Program grants as per the committee's recommendation of 42 organizations totaling $113,900. (Pulled for separate discussion; see page 4; Mayor Roberts abstained with regard to the Habitat for Humanity funding.) 5 Support of the Riverside County Board of Supervisors Rescission of Specific Plan No, 172 RECOMMENDATION: 5,1 Adopt a resolution entitled: RESOLUTION NO. 02-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE COUNTY'S PROPOSAL TO RESCIND SPECIFIC PLAN NO. 172 {WALKER BASIN) AND DECREASE THE RESIDENTIAL DENSITY FROM FOUR (4) DWELLING UNITS PER ACRE TO ONE DWELLING UNIT PER FIVE (5) ACRES 6 Crowne Hill Parks Fee and Dedication Aqreement RECOMMENDATION: 6.1 Approve the Parks Fee and Dedication Agreement between the City of Temecula and Greystone Homes, Inc. (Tract Nos. 23143 and 26941); 6.2 Approve the First Amendment to Parkland/Landscape Improvement Agreement Tract No. 23143 Park Site A; 6.3 Approve the First Amendment to Parkland/Landscape Improvement Agreement Tract 23143 Park Site F. R:~¥1inutes\102202 3 7 Purchase of Police Motorcycles RECOMMENDATION: 7.1 Approve the purchase of two 2003 Police Road King motorcycles from Quaid Harley Davidson for a total amount of $38,740.30 8 Second Readinq of Ordinance No. 02-05 RECOMMENDATION: 8.1 Adopt an ordinance entitled: ORDINANCE NO. 02-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION PA00- 0"139, A CHANGE OF ZONE FROM PROFESSIONAL OFFICE (PO) AND MEDIUM DENSITY RESIDENTIAL (M) TO PLANNED DEVELOPMENT OVERLAY (PDO), AND ADOPTING THE STANDARDS AND REGULATIONS CONTAINED IN THE ACCOMPANYING PDO DOCUMENT, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS PARCEL NO(S). 944-290-012, 013,014 MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1 - 3 and 5 - 8 (Item No. 4 was pulled for separate discussion; see page below). The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of Councilman Comerchero who was absent, Councilman Naggar who abstained, with regard to Item No. 2, and Mayor Roberts who abstained with regard to Habitat Humanity Funding with regard to Item No. 4. CONSENT CALENDAR ITEMS CONSIDERED UNDER SEPARATE DISCUSSION 4 Community Service Fundinq Pro,qram RECOMMENDATION: 4.1 Review and approve the 2002-03 Community Service Funding Program grants as per the committee's recommendation of 42 organizations totaling $113,900. Serving as a Board of Director, Mayor Roberts advised that he would be abstaining with regard to the Habitat for Humanity funding ($5,000). MOTION: Councilman Naggar moved to approve staff recommendation with regard to funding for Habitat for Humanity. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Mayor Roberts who abstained and Councilman Comerchero who was absent. R:\Minutes\102202 4 MOTION: Councilman Naggar moved to approve staff recommendation with the exclusion of Habitat for Humanity. The motion was seconded by Mayor Pro Tern Stone and voice vote reflected approval with the exception of Councilman Comerchero who was absent. Highlighting the function of this program, Mayor Pro Tern Stone commented on the subcommittee's recommendation to allocate $114,000, advising that additional monies were available for emergency requests; thanked Subcommittee member Naggar for his time; and thanked the City Council for its support of the subcommittee's recommendation. At 7:46 P M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. After a short recess, the City Council Meeting resumed at 8:05 P.M. PUBLIC HEARING 9 Adoption of California Buildin.q Codes RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 02-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO CHAPTER 15.04 OF THE TEMECULA MUNICIPAL CODE, AMENDING THE 200t EDITION OF THE CALIFORNIA BUILDING CODE, THE 200t EDITION OF THE CALIFORNIA ELECTRICAL CODE, THE 2001 EDITION OF THE CALIFORNIA MECHANICAL CODE AND THE 2001 EDITION OF THE CALIFORNIA PLUMBING CODES; THE 1999 EDITION OF THE UNIFORM ADMINISTRATIVE CODE; THE 2000 EDITION OF THE INTERNATIONAL CODE FOR ABATEMENT OF DANGEROUS BUILDINGS; THE 200t EDITION OF THE CALIFORNIA HOUSING CODE; AND THE 2000 EDITION OF THE UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE ARE REASONABLE AND NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE 9.2 Adopt an ordinance entitled: R:\Minutes\102202 5 ORDINANCE NO. 02-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 15.04 OF THE TEMECULA MUNICIPAL CODE TO ADOPT BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 2001 EDITION OF THE CALIFORNIA BUILDING CODE; THE 200t EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 200'1 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2001 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 1999 EDITION OF THE UNIFORM ADMINISTRATIVE CODE; THE 2000 EDITION OF THE INTERNATIONAL CODE FOR ABATEMENT OF DANGEROUS BUILDINGS; THE 2001 EDITION OF THE CALIFORNIA HOUSING CODE; AND THE 2000 EDITION OF THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE ARE REASONABLE AND NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE 9.3 Adopt an urgency ordinance entitled: URGENCY ORDINANCE NO. 02-08 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER t5.04 OF THE TEMECULA MUNICIPAL CODE TO ADOPT BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 2001 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2001 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 200t EDITION OF THE CALIFORNIA PLUMBING CODE; THE 200'1 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 1999 EDITION OF THE UNIFORM ADMINISTRATIVE CODE; THE 2000 EDITION OF THE INTERNATIONAL CODE FOR ABATEMENT OF DANGEROUS BUILDINGS; THE 2001 EDITION OF THE CALIFORNIA HOUSING CODE; AND THE 2000 EDITION OF THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE ARE RESPONSIBLE AND NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE Deputy Building Official Harold reviewed the proposed recommendation. At this time, Mayor Roberts opened the public hearing. There being no public input, the public hearing was closed. MOTION: Councilman Naggar moved to approve staff recommendation 9.1 and 9.2. The motion was seconded by Mayor Pro Tern Stone and voice vote reflected approval with the exception of Councilman Comerchero who was absent. City Attorney Thorson read the Urgency Ordinance by title and advised that its adoption would require a four-fifths vote. R:\Minutes\102202 6 MOTION: Councilman Naggar moved to approve staff recommendation 9.3. The motion was seconded by Mayor Pro Tern Stone and voice vote reflected approval with the exception of Councilman Comerchero who was absent. 10 Adoption of California Fire Codes RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO, 02-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO CHAPTER 15.16 OF THE TEMECULA MUNICIPAL CODE, AMENDING THE CALIFORNIA FIRE CODE, CCR TITLE 24 PART 9, 2001 EDITION, ARE REASONABLE AND NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE 10.2 Adopt an ordinance entitled: ORDINANCE NO. 02-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING CHAPTER t5.16 OF THE TEMECULA MUNICIPAL CODE BY ADOPTING BY REFERENCE THE CALIFORNIA FIRE CODE VOLUME 1, CCR TITLE 24 PART 9, 2001 EDITION AND THE UNIFORM FIRE CODE STANDARDS VOLUME 2, 2000 EDITION 10.3 Adopt an urgency ordinance entitled: URGENCY ORDINANCE NO. 02-09 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING CHAPTER t5.16 OF THE TEMECULA MUNICIPAL CODE BY ADOPTING BY REFERENCE THE CALIFORNIA FIRE CODE VOLUME 1, CCR TITLE 24 PART 9, 2001 EDITION AND THE UNIFORM FIRE CODE STANDARDS VOLUME 2, 2000 EDITION Fire Marshall McBride reviewed the staff report (as per agenda material). At this time, Mayor Roberts opened the public hearing. There being no public input, the public hearing was closed. MOTION: Councilman Naggar moved to approve staff recommendation 10.1 and 10.2. The motion was seconded by Mayor Pre Tern Stone and voice vote reflected approval with the. exception of Councilman Comerchero who was absent, City Attorney Thorson read the Urgency Ordinance by title and advised that its adoption would require a four-fifths vote. R:~Minutes\102202 7 MOTION: Councilman Naggar moved to approve staff recommendation 10.3. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of Councilman Comemhero who was absent. 11 Development Aqreement with Advanced Cardiovascular Systems (ACS), Inc. a subsidiary of the Guidant Corporation (Planning Application No. 02-0217) RECOMMENDATION: 11.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 02-t0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION FOR AND APPROVING THE DEVELOPMENT AGREEMENT WITH ADVANCED CARDIOVASCULAR SYSTEMS, INC., A SUBSIDIARY OF GUIDANT CORPORATION (PLANNING APPLICATION NO. 02-0217) Although Mayor Roberts owns limited stock in Guidant Corporation, City Attorney Thorson advised that, under the requirements of the Political Reform Act, Mayor Roberts may participate in the discussion and may vote with regard to this matter. Assistant City Manager O'Grady reviewed the staff report (of record), highlighting the proposed corporate expansion as well as the proposed Development Agreements. Commenting on the efforts undertaken by many in order to accomplish this task, Mr. O'Grady recognized the efforts of the Public Works Department, Fire Department, Building and Safety Department, Planning Department, Mayor Roberts, Councilman Comerchero, the Redevelopment Agency/Economic Development Subcommittee members, and as well commended the Guidant Corporation development team on its cooperation. As well commending all those involved in the process, Mayor Roberts commented on the amount of time expended to accomplish this task. At this time, Mayor Roberts opened the public hearing. Mr. David Reynolds, representing Guidant Corporation - Director of Facilities and Site Services, thanked those individuals involved from the City as well as his internal team for efforts associated with this project and introduced Mr. Paul Dana. Mr. Paul Dana, architect representing Guidant Corporation, provided an overview of the project, noting/commenting on the following: Site location Project goals o Building efficiency/flexibility o Site plan flexibility/phasing o Pedestrian-scaled campus o Good neighbor R:\Minutes\102202 8 Components of the Concept Plan o Buildings · Five locations · Visually interesting o Parking · Accommodate 2,400 cars - 5 cars per 1,000 square feet of building which exceeds the City's requirement for parking · Ingress/egress-four points o Landscape · Parking areas · Entry court · Perimeter · To ensure integration with City's guidelines Pedestrian bridge · To create a sense of one campus · Safe egress · Clearance of 18'1/2" · To mitigate potential traffic impact · Private bridge · ADA requirements Councilman Pratt relayed his support of the pedestrian bridge. For Mr. Pratt, Principal Planner Hogan advised that the graded property to the north of the subject site will not be a part of this project, noting that the graded property to the north will probably be considered in the upcoming General Plan Amendment as commercial land use. For Councilman Naggar, Public Works Director Hughes noted the following: · That the Solana Way access point will not be signalized · That Solana Way will have a median requirement, limiting left-turn movements · That the Development Agreement will require some improvements at the Margarita Road/Solana Way intersection to ensure capacity will be maintained · That traffic circulation for the site of discussion has been carefully reviewed · That the signal at Margarita Road north of Solana Way will have dual left-turn movements · That there will be double left-turn movements from southbound to eastbound Solana Way to assist with capacity at that intersection · That there will be multiple site access points but that the primary access point will be oft Ynez Road · That a deceleration lane could be added along Margarita Road. Assistant City Manager O'Grady advised that the Development Agreement does included a requirement to widen Solana Way. To ensure a safe environment, Mayor Roberts suggested the construction of a bus turnout lane at Solana Way (westbound of Margarita Road). Mr. Ken Carlisle, representing Guidant Corporation, thanked the City for its team effort as it relates to this project. Mayor Pro Tem Stone relayed his appreciation for having Guidant Corporation located in the City. R:\Minutes\102202 9 At this time, Mayor Roberts closed the public hearing. Commending Guidant Corporation on its good neighbor attitude, Councilman Naggar spoke in support of the expansion, commenting on the additional local jobs that will be created as a result of this expansion and, thereby, further eliminating individuals from traveling on roads and freeways. City Attorney Thorson introduced and read by title only Ordinance No. 02-10. MOTION: Councilman Naggar moved to approved the staff recommendation. The motion was seconded by Mayor Pro Tern Stone and voice vote reflected approval with the exception of Councilman Comerchero who was absent. City Manager Nelson commended Assistant City Manager O'Grady on his efforts associated with this project. COUNCIL BUSINESS 12 Pedestrian Bridge over Winchester Road at Nicholas Road RECOMMENDATION: 12.1 Approve the recommendations of the Public Traffic Safety Commission to accept the no-build alternative and direct the Public Works Department to pursue intersection enhancements as recommended. Public Works Director Hughes reviewed the staff report (of written material), advising that because the existing signalized intersection adequately functions, Caltrans will not formally support the construction of such a pedestrian bridge; that Caltrans would require the City to impose a method to guarantee usage of such a pedestrian bridge; that ADA requirements would be imposed; that the bridge would have to be 700' to 750' away from the intersection to eliminate potential visibility impacts of the signal heads; and that an undercrossing of Winchester Road to the north of this location is currently available (approximately 1,400' from the school??). Further reviewing the background with regard to this location, Mr. Hughes noted that the intersection of discussion was investigates three years ago in order to determine its operation and advised that the investigation concluded that an issue which needed to be addressed was the conflict with pedestrian on Winchester Road and, thereby recommending a right-turn movement from Nicolas Road to Winchester Road; that staff worked with the School District and Caltrans and that a driveway directly onto Winchester Road on the west side of the student lot was constructed and, thereby, eliminating that conflict; and that although to no avail, staff has been working with Caltrans in an effort to install solar-panel flashing lights at school bell times. Mr. Hughes further highlighted alternate intersection enhancements (approved by Caltrans), noting the following: · Replacing the traditional signals - no walk/walk signs - with countdown pedestrian signals and to include an education program with the school · High visibility school zone signs/striping Physical barriers near the AM/PM Store and Chaparral High School - raised concrete bollards on the corners at the intersection to encourage students stand away from the street curb R:\Minutes\102202 10 · Message boards on timers at both ends of Winchester Road. As a result of the possible development of Roripaugh Ranch, Public Works Director Hughes noted that capacity improvements to Winchester Road and Nicolas Road and the construction of a single left-turn lane from Nicolas Road onto Winchester Road may be forthcoming. Mrs. Suzanne Cacaninion, 40312 Villa Vaneticia, the mother of Dylan Cacaninion who was killed 17 months ago on Winchester Road, near Chaparral High School, stated that the alternate intersection enhancements would not have prevented the death of her child or protect the future of other children and that she will continue to address this issue. In response to Mrs. Cacaninion, Councilman Naggar stated that the City Council initiated the discussions with Caltrans for the construction of a pedestrian bridge; that ADA requirements would result in constructing a bridge too far away from the location of need; that, therefore, the use of a bridge could not be guaranteed without the removal of the existing pedestrian crosswalk and pedestrian signal phase which, in turn, could create a dangerous situation. Mr. Naggar promised Mrs. Cacaninion that he would further explore the ADA requirements to determine whether these requirements could possibly be waived and, thereby, constructing a bridge which would be closer to the site of discussion. In the meantime, Mr. Naggar requested that the following be enforced: · 25 m.p.h, schoolzone speed · message boards installed · bollards/countdown pedestrian signals installed · read improvements associated with Roripaugh Ranch · use of crossing guards Councilman Pratt noted that the only solution to address the concern would be a pedestrian bridge or a tunnel. Stating that the City cannot be responsible for the personal responsibility of all individuals driving through the City, Mayor Pre Tern Stone commented on the various City-enacted programs in an effort to hold individuals accountable and to keep the community safe. Recognizing how tragic it must be to loose a child, Mr. Stone noted that all circumstances must be taken into account which tragically took Dylan's life. In light of the existing undercrossing, Mr. Stone commented on the need to construct sidewalks to get to the undercrossing and requested that staff initiate efforts necessary to ensure adequate ingress/egress to the undercressing. Although devices such as countdown pedestrian signal device and bollards are effective, Mayor Roberts noted that the City cannot force individuals to use those measures; relayed his support of Councilman Naggar's above-mentioned recommendations and, as well, suggested the enforcement of the school zone speed limit by radar. R:\Minutes\102202 11 MOTION: Councilman Naggar moved to approve the Public Traffic Safety Commission's recommendation with the addition that funding for sidewalk improvements/signage to the existing undercrossing be allocated; that speed control be enforced by radar; that a future School Board Subcommittee meeting be scheduled in order to address the use of crossing guards at the high school as well as the implementation of a public education program with regard to the use of the countdown signals; and that, as per Mayor Pro Tern Stone, the existing undercrossing be named Dylan's Undercrossing. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of Councilman Comerchero who was absent and Councilman Pratt who abstained. Councilman Pratt reiterated his desire for the construction of a pedestrian bridge or a tunnel. 13 Ali-Way Stop Si,qn Installation (located at North General Kearny Road and Golden Rod Road) RECOMMENDATION: 13.1 Reject the Public Traffic Safety Commission's recommendation to establish an all- way stop at the intersection of North General Kearny Road and Golden Rod. MOTION: Mayor Pro Tem Stone moved to continue this item to the City Council meeting of November 12, 2002. The motion was seconded by Councilman Naggar and voice vote reflected approval with the exception of Councilman Comerchero who was absent. 14 Resolution establishin,q a Municipal Utility RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING THE CREATION AND OPERATION OF A MUNICIPALLY OWNED UTILITY FOR THE PURPOSE OF PROVIDING VARIOUS UTILITY SERVICES AND AUTHORIZING THE TAKING OF CERTAIN OTHER ACTION IN CONNECTION THEREWITH Assistant City Manager O'Grady presented an overview of the recommendation (as per agenda material), advising, for Mayor Pro Tern Stone, that because the Legislature is not in session, the formation of the shell could be delayed. Mayor Roberts advised that at the upcoming U.S, Conference of Mayors the matter of discussion will be addressed. Viewing the ability to provide electricity at competitive/reduced rates as not only an important feature to attract businesses to the City but also as an essential feature to retain businesses, Councilman Naggar noted that the proposed recommendation would only commit the City Council, in the sense, that it would put in place the mechanism to implement, if so desired, such action in the future. Mr. Naggar, as well, relayed the subcommittee's (comprised of Councilmembers Comerohero and Naggar) desire to disseminate the information to the Mayor/Council so that the review process of the City Council may begin. R:~Vlinutes\102202 12 Councilman Pratt relayed his opposition to proceeding with this process. Appreciating the efforts of the subcommittee, Mayor Pro Tem Stone relayed his opposition, at this time, to proceeding with this process, noting that the City currently receives approximately $1 million of revenue from the Franchise Agreement with Southern California Edison and stating that the responsibility of generation and transmission of electricity should not be a City responsibility. In response to Mayor Roberts, City Attorney Thorson advised that the matter may be continued off calendar and brought back and readdressed after the Mayor's Conference. MOTION: Councilman Naggar moved to continue this matter off calendar pending a City Council Workshop as well as the Mayor's Conference. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of Councilman Comerchero who was absent and Councilman Pratt who abstained. 15 Award of Contract for Open Space Survey of Voters RECOMMENDATION: 15.1 Approve a contract in the amount of $16,625 to Godbe Research & Analysis to perform an Open Space Survey of Voters; 15.2 Appropriate $16,625 from the General Fund Open Space Reserves to fund this contract. Assistant City Manager O'Grady reviewed the staff report (as per agenda material), advising that the matter may be placed on the election date of June 3, 2003 as well as a subsequent election. Although not pertaining to this matter, Mr. Greg Morrison, 31045 Oak Hill Drive, Member of the Chamber Board, relayed his support of the Guidant Corporation expansion. As Chairman ofthe Citizens Advisory Committee for General Plan Review, Mr. Morrison commended the City Council on its community outreach program prior to approving such a precedent-setting program, noting that the use of public tax dollars to purchase open space would be a major City commitment and, therefore, the citizens' opinions with regard to this matter should be determined. If the survey were to indicate that a majority of the citizens would support such a program, Mr. Morrison suggested the following: · Checks and balances Not beneficial to the City/residents if such a program were to put too much of a demand on City reserves at the detriment of other vital/important City-funded programs · Collaboration o Riverside County · Partnership o Federal/State/independent agencies/organizations to identify additional funding resources. R:~',,linutes\102202 13 As a subcommittee member, Mayor Pro Tem Stone concurred with Mr. Morrison in that the creation of such a program should not negatively impact the City's General Fund at the expense of public safety for conservation of land and stated that the proposed survey is to receive guidance from the residents with regard to taxation and definition of open space. In order for this matter to not be clouded by the political arena, Councilman Naggar relayed his preference for the June 3, 2003, election date and reiterated his support of this action. Supporting the June 3, 2003, election date, Councilman Pratt commented on the need to allocate sufficient funds for public advertising. MOTION: Councilman Naggar moved to approve the recommendation. The motion was seconded by Mayor Pro Tern Stone and voice vote reflected approval with the exception of Councilman Comerchero who was absent, 16 Combined Traffic and Public Transportation Mitigation Program Report (as requested by Councilman Pratt) RECOMMENDATION: 16.1 Receive and file. Although not viewing the imposition of a building moratorium as a solution, Councilman Pratt noted that a moratorium would delay construction and, thereby, allow time to formulate acceptable solutions. Mr. Pratt proposed the hiring of a Transportation Department Director; requested that funding of this position be placed on the Council's next agenda; and advised that this individual would be responsible for traffic mitigation and alternate choice of public transportation projects and Capital Improvement/Circulation Projects. MOTION: Mayor Pro Tem Stone moved to receive and file the item. The motion was seconded by Councilman Naggar and voice vote reflected approval with the exception of Councilman Comerchero who was absent and Councilman Pratt who abstained. Councilman Pratt reiterated his desire that the matter of hiring and funding this position be agendized for the next City Council meeting. Councilman Naggar requested that Councilman Pratt provide more detailed information. Mayor Roberts expressed concern with Councilman Pratt opposing the Measure A extension, commenting on the financial impacts the denial of this Measure would have on the City. DEPARTMENTAL REPORTS Noadditionalcomments, CITY MANAGER'S REPORT City Manager Nelson noted that the appropriate time to discuss Councilman Pratt's matter would be during the Annual Operating/Capital Improvement Program Budget processes. In closing, Mr. Nelson briefly commented on the Open Space Survey as well as the updating of the development impact fees. R:~',,1inutes\102202 14 CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson noted that there were no reportable actions. ADJOURNMENT At 10:01 P.M., the City Council meeting was formally adjourned to Tuesday, October 29, 2002, at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California, for the purpose of a City Council Workshop regarding the RCIP and a joint City Council/Planning Commission Workshop. A'FFEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:~Vlinutes\102202 15 MINUTES OF AN ADJOURNED WORKSHOP MEETING OF THE TEMECULA CITY COUNCIL OCTOBER 29, 2002 The City Council convened in an adjourned workshop meeting at 6:07 P.M., on Tuesday, October 29, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Councilmembers: Absent: Councilmember: Comerchero, Naggar, Pratt, Stone*, and Roberts None. * - Mayor Pro Tem Stone arrived at 6:12 P.M. FLAG SALUTE The Pledge of Allegiance to the Flag was led by Councilman Naggar. PUBLIC COMMENTS There were no public comments. CITY COUNCIL REPORTS There were no City Council reports. COUNCIL BUSINESS 1 Tenth Workshop for the Riverside County Integrated Plan (RCIP) RECOMMENDATION: 1.1 Provide direction to staff regarding the proposed comments. City Manager Nelson presented a brief overview of the upcoming agenda items, referencing the City's letter to the County Planning Department (dated October 30, 2002) with regard to City comments on the Riverside County Comprehensive General Plan Amendment (CGPA) and the Southwest Area Plan (SWAP). After City Council review of the letter, Mr. Nelson advised that it would be staffs intent to submit it to the County Planning Department. Commenting on efforts undertaken with regard to the Community Environmental Transportation Acceptability Process (CETAP), Public Works Director Hughes noted the following: · Goal to establish corridors which will conserve futura Riverside County needs · Alternative 7B (Winchester to Temecula Corridor) would be the City's preferred route · Alternatives 5A and 5B - City continues to oppose these routes · County continuing with regional planning efforts which include the Multi-Species Habitat Conservation Plan (MSHCP), CETAP, and land use. R:~Minutes\102902 1 In the letter that will be forwarded to the County Planning Department, Mayor Roberts prefaced that it be stated that Anza Road be designated as a four-lane arterial. Public Works Director Hughes advised that the County will be funding the expansion of Winchester Road from a two-lane to a four-lane road through allocated Newport Road funding; that back-up funding for Newport Road has been assembled; and that additional funding for expanding Winchester Road from a four-lane road to a six-lane road has not been secured. Mr. Hughes noted that the Newport Road connection will be an important connection to the City because of the traffic it will detract from Winchester Road. Expressing concern with the City's future intent to purchase open space, Councilman Naggar requested that a map be forwarded to the City Council depicting the County's intent with regard to land use changes in the Southwest Area Plan (SWAP). 2. Western Riverside County Transportation Uniform Mitigation Fee (TUMF) RECOMMENDATION: 2.1 Receive and file. By way of overheads, Mr. Rick Bishop, Executive Director for Western Riverside County Council of Government (WRCOG), provided an update on the TUMF Program and apprised the City Council of action taken by the WRCOG Board on September 30, 2002, noting/commenting on the following: · TUMF development process/timeline · Identified system/associated costs/possible funding · County growth · Nexus study - determine to what extent new development will be responsible for needed improvements to the regional system of highways and arterials · Exemptions o Churches are not exempt · Transportation Strategic Plan o Transit allocation- 3.8% o Regional Network-96.2% · 50% for backbone · 50% return to Zone - development activity will be tracked to ensure monies generated by the zones will be properly returned. · No retroactive process on development for TUMF City Manager Nelson referenced the County's five-year capital improvement program to ensure the allocation of appropriate share of improvements. Mayor Pre Tern Stone commented on the request which was made several years ago to impose an interim TUMF Program. In response to Mr. Stone, it was noted that the County TUMF Program should be adopted by February 2003. Mr. Stone suggested the adoption of an Urgency Ordinance in order for the City to eliminate the continual loss of transit fees. Mayor Roberts expressed concern with the nominal allocation of 3.8% toward transit to which Mr. Bishop advised that 3.8% would be the maximum legal amount which may be set aside based on the nexus study. R:'Wlinutes\102902 2 Within the TUMF Administration Agreement, Mayor Roberts requested that the voting mechanism for WRCOG remain the same (one vote) versus a Division of the House. In response to Councilman Naggar, Mr. Bishop advised that for those cities choosing to not participate in the TUMF Program, the ability to vote a WRCOG will be rescinded and if any of those cities were to choose, at a later date, to participate in the program, retroactive fees would be associated with such action. In closing, City Manager Nelson advised that the matter would be addressed by the City Council at its November 26, 2002, meeting and restated that the Council's direction to the Board of Supervisors which included that churches with no schools be exempt from the program and that the voting mechanism for WRCOG remain the same (one vote). CITY MANAGER'S REPORT No comments. CITY ATTORNEY'S REPORT Assistant City Attorney Curley advised that there were no items to report. ADJOURNMENT At 7:14 P.M., the City Council meeting was formally adjourned to Tuesday, October 29, 2002, at 7:15 P.M., in the City Council Chambers, of City Hall, 43200 Business Park Drive, Temecula, California, for the purpose of a Joint City Council/Planning Commission Workshop. Ron Roberts, Mayor AI-I'EST: Susan W. Jones, CMC City Clerk [SEAL] R:'~.lin utes\lO2902 3 MINUTES OF AN ADJOURNED REGULAR JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP OCTOBER 29, 2002 CALL TO ORDER The City Council and Planning Commission convened in an adjourned regular joint workshop at 7:30 P.M., on Tuesday, October 29, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ROLL CALL Present: Councilmembers: Planning Commissioners: Comerchero, Naggar, Pratt, Stone, and Roberts Guerriero, Mathewson, Olhasso, Telesio, and Chiniaeff Absent: None. PUBLIC COMMENTS No comments. CITY COUNCIL/PLANNING COMMISSION REPORTS No comments. CITY COUNCIL/COMMISSION BUSINESS 1 General Plan Land Use Discussion RECOMMENDATION: 1.1 Review the Land Use planning issues and provide direction. Principal Planner Hogan introduced Mr. John Bridges, consultant from Cotton/ Bridges/Associates, who would present the General Plan Land Use Update. The consultant provided a PowerPoint presentation reqardinq the update of the General Plan Via a PowerPoint presentation, Mr. Bridges noted the designated Land Use Categories in the updated proposed General Plan, as follows: · Provided a detailed overview of the draft update to the Land Use component of the General Plan (as per supplemental agenda material entitled Temecula General Plan Update), highlighting development density, and the land use categories, noting that both the rural, and vineyard/agriculture categories had been added during the update process. · For Chairman Chiniaeff, relayed that neither the existing General Plan nor the updated General Plan denoted Floor Area Ratio (FAR) for single-family attached housing R:\Minutes\102902 I Continuing the PowerPoint presentation (as per supplemental agenda material), Mr. Jeff Goldman, consultant from Cotton/Bridges/Associates, relayed the following regarding Land Use elements in the updated General Plan: Highlighted the proposed Land Use Policy Map, the three types of land use focus areas, i.e., mixed use overlay areas (additionally referencing the document entitled Land Use Policy Working Paper), the rural preservation areas, and the future growth area; and Requested input from the City Council and Planning Commission regarding whether proposed designated rural areas should be categorized as such, advising that this component was added due to input from the community and the Citizens Advisory Committee (CAC). The consultants and staff addressed the queries of the City Council and the Planning Commission regarding Land Use, as follows: For Councilman Naggar, Mr. Goldman provided additional information regarding the denoted density ranges (per the table on page 5 of the document entitled Land Use Policy Working Paper) for the Mixed Land Use Overlay designations, relaying that these were feasible density ranges for the mixed-use housing development desired. In response to Chairman Chiniaeff, Mr. Goldman noted that efforts were still in process regarding the Circulation Element portion of the plan, confirming that the designated densities would provide direct input into the Circulation Element. For informational purposes, Mr. Bridges clarified that most of the area within the presented Mixed Use Overlay Area locations were currently developed which would generally preclude new development unless there was a strong incentive for developing mixed use; relayed that with the proposed density designations, it was anticipated that no more than forty percent (40%) of these mixed use overlay areas would have residential development at a future point. Commenting on the Mixed Use Overlay areas, Mayor Pro Tem Stone opined that at the Palm Plaza location (at Winchester/Ynez Roads) future residential development did not appear to be appropriate, whereas in the Target Shopping Center (at Rancho California/Ynez Roads) consideration of this component appeared to be beneficial, providing an economic stimulus. For Councilman Comerchero, Mr. Goldman relayed that in the development of the density ranges for the Mixed Use Overlay areas, discussions with the CAC and the need to satisfy State regulations (in terms of the housing element) were taken into consideration, confirming that every location would most likely not be developed at the higher density range. With respect to the Mixed Use Overlay area located south of Old Town, Deputy City Manager Thornhill relayed, for Councilman Comerchero, that the previously considered Specific Plan for this area was dormant at this time. In response to Mayor Pro Tem Stone's and Councilman Comerchero's comments, Mr. Goldman provided additional information regarding the Mixed Use Overlay Area located at Winchester/Ynez Roads, noting that the center's proximity to the Guidant use aided in providing attractive opportunities for mixed use; advised that with the development of R:\Minutes\102902 2 mixes uses, typically public transit increased, advising that in the Circulation Element portion of the plan, non-automobile traffic options would be incorporated; and expanded on the relationship between higher densities and public transit. Deputy City Manager Thornhill clarified that the Mixed Use Oveday Areas were not expected to be developed for 10-15 years, advising that this concept was fairly well established at this time in urban areas; and noted that the overlays provided opportunities for the future in the City of Temecula. In response to Mayor Roberts' queries, Principal Planner Hogan relayed that the Mixed Use Overlay boundaries designated on the map were not final, confirming that the boundary areas south of Old Town would most likely be revised, in particular the hillside area not being included in the mixed use overlay boundary, confirming that this was the appropriate time for input regarding the land use components of the plan. Commenting on "Sprawl" (i.e., the recent use of the term in a newspaper article), WRCOG, and State requirements as these items relate to density, Councilman Naggar noted that while he coutd support the proposed higher densities at the Jefferson Avenue location, he was reluctant to support establishing these four Mixed Use Overlay Areas with the. proposed densities in the General Plan due to the appearance of granted entitlement, recommending that the sites be considered on a case-by-case basis, further commenting on the impacts of developing mixed uses at the four designated overlay areas. In response to Commissioner Guerriero's queries, Deputy City Manager Thornhill provided additional information regarding the relationship between performance standards, (i.e., height, bulk, FAR), and the Mixed Use Overlay Areas. Acknowledging the concern expressed regarding provision of needed infrastructure in place prior to the development of the higher densities, Deputy City Manager Thornhili reiterated that it was not probable that 30 units per gross acre along the entire Mixed Use Overlay Areas would be developed; and recommended that there be consideration to assign a maximum number of units to particular planning areas in additional to requiring performance or environmental standards if this was the desire of the City Council and the Planning Commission. Further commenting, Mr. Bridges relayed that when traffic impacts for the updated General Plan were analyzed, data would reveal areas where there would be additional capacity which would allow for additional residential development, advising that the additional permitted development would be limited to the capacity of the roadway system; concurred that there should be a designated maximum number of units permitted; and additionally noted that language could be added to the plan stating that the Mixed Use Overlay Development could only be approved by the City wherein certain performance standards were met, which would maintain the authority to determine whether the mixed use was appropriate on a case-by-case basis. Assistant City Attorney Curley provided additional information regarding performance criteria being applied per State Law, which provided flexibility to the landowners as well as control to the City. Mr. Bridges relayed that language could be added to the plan stating that the Mixed Use Overlay Areas would require a greater scrutiny of review for approval due to the nature of R:\Minutes\102902 3 this type of development. Principal Planner Hogan noted that the designated Mixed Use Overlay Areas would be for the purpose of demonstrating the potential for mixed-use development, clarifying that the overlays would not provide a right to develop mixed use, but that this type of development could be approved if certain criteria were met. Responding to Councilman Naggar's queries, Deputy City Manager Thornhill specified that including the Mixed Use Overlay in the General Plan would benefit the City due to the following: the Mixed Use Development would introduce needed vitality into various shopping centers, would promote future mass transit, would change traffic trip distribution, and would aid the City in meeting State regulations regarding the Housing Element; advised that there were safeguards which could be put in place to preserve the City's authority regarding these areas if it was the City Council's and the Planning Commission's desire to include these overlay concepts in the General Plan. With respect to Palm Plaza being designated as a Mixed Use Overlay area, Commissioner Olhasso relayed that while she would be reluctant to place residential units in this area it was her recommendation that staff explore the feasibility of a hotel use at this location; with respect to the Mixed Use Overlay Area designated at Rancho California/Ynez Roads, noted her support of a mixed use development at this location, specifically recommending that development of subsidized senior housing be investigated. Concurring that of the four designated Mixed Use Overlay Areas, the Target and Tower Center could accommodate such, Commissioner Telesio relayed that the overlays for the alternate centers may be premature; concurring with Councilman Naggar's statement that there was a mechanism in place for reviewing and approving a mixed use overlay currently, queried the purpose of placing the overlays in the General Plan due to the potential for confusion regarding entitlements and property rights. Further commenting on the development of mixed use, Chairman Chiniaeff recommended consideration of this type of development at the property located at Overland Drive/Ynez Road; noted that it was his opinion that the Mixed Use Overlay area designated on Jefferson Avenue was too elongated of a site with too much property involved which could create a hodge-podge of development, unless it was aggregated by the Redevelopment Agency; concurred that Tower Plaza was more suited for mixed use development, recommending that since Tower Plaza was within the Redevelopment Agency that aggregation be explored as well as provision of incentives to create a mixed use development; cited alternate areas which would be appropriate for mixed use development; and concluded that with respect to the four recommended sites for mixed use development, and that Area Nos. 1 and 2 be removed, recommending that there be a focus on one or two locations in order to evaluate the success prior to consideration of other areas, and that that an additional site be added (the property across from Guidant at Overland Drive/Ynez Road). o Councilman Pratt concurred with Commissioner Olhasso's recommendation to investigate the deveIopment of senior housing at the Palm Plaza. For Councilman Pratt, Deputy City Manager Thornhill clarified the relationship between the Housing Element and the State requirements, noting the importance of the City providing opportunities for specific types of development. Mr. Bridges advised that with respect to R:\Minutes\102902 4 the regulations, it was vital that an adequate amount of land be made available for high density development; and for Councilman Pratt, noted that it was anticipated that various areas would be redeveloped to provide for affordable housing. At this time Mayor Roberts invited the public to speak Ms. Suzanne Zychowicz, 40242 Holden Circle, requested that the negative traffic impacts in the northern portion of the City be addressed, specifically that the opening of the closed streets in the Meadowview area be explored due to the likely significant improvement inn circulation; recommended that there be funding provided to analyze the circulation in the Meadowview area at this time; and requested that if the Meadowview area would continue to be closed for another 13 years, that she be notified. Continuing the PowerPoint presentation (as per supplemental agenda material), Mr. Goldman provided additional information regarding the updated General Plan as it related to the designated Rural Preservation Areas, as follows: · Specified the four locations designated for Rural Preservation. Requested input from the Planning Commission and the City Council regarding the designated planned land uses as it related to rural preservation; Noted that the purpose of these designations was to reinforce that this rural development was what all entities desired for these areas. The consultants and staff addressed the queries of the City Council and the Planning Commission regarding the designated Rural Preservation Areas, as follows: For Mayor Roberts, Principal Planner Hogan provided the rationale for designating the area within the wine country as a rural preservation area although portions of this property were outside the City boundaries, noting the importance of documenting the City's vision for this property, and in clarifying that the City has not addressed any unplanned growth, Deputy City Manager Thornhill advising that the City planning document (e.g., the General Plan) would reflect what the County has planned at this time, noting the importance of memorializing this plan. Principal Planner Hogan relayed that the language used to describe this area i.e., wine country, could be revised to reflect a broader phrase clarifying the inclusion of the equestrian properties. For Chairman Chiniaeff, Deputy City Manager Thornhill relayed that staff would send a letter to the Temecula Band of Luiseno Mission Indians in order to encourage their involvement in the Rural Preservation Designation No. 4 at Rainbow Canyon Road and Golden Oak Ranch. Chairman Chiniaeff concurred with the designated Rural Preservation areas, recommending that although development should be discouraged in these areas, circulation improvement projects should not be restricted due to the overall benefit to the City. For clarification, City Manager Nelson relayed that there was no recommendation to expand the City of Temecula's sphere of influence in this area. R:\Minutes\102902 5 It was the general consensus of the City Council and the Planning Commission to concur with the designated rural preservation areas. Continuing the PowerPoint presentation, Mr. Goldman relayed the designated Future Growth Areas in the proposed updated General Plan, as follows: · Noted that the proposed land use plan depicts the desires of the City of Temecula. Specified the location of the Future Growth Area (i.e., the French Valley), which was east of Winchester road, south of Keller Road, west of Washington Street, and north of the City boundaries. · Relayed the proposed land use designations for the growth area. Councilman Naggar opined that there should be additional commercial designated areas; and recommended further exploring adjacent land use compatibility, particularly between the Industrial and the Low Medium Residential. Concluding the PowerPoint presentation, Mr. Goldman provided statistical data charts denoting population and housing unit estimates and forecasts comparing that which was currently in existence, that which the Southern California Association of Governments (SCAG) had forecasted, that which was reflective of the existing General Plan, and that which reflected the proposed updated General Plan (which would be decreased if several of the proposed Mixed Use Overlay Areas were removed). The consultants and staff addressed the queries of the City Council and the Planning Commission regarding the updated General Plan, as follows: For Mayor Roberts, Mr. Goldman relayed that the updating of the Circulation Element was still in process. In response to Councilman Naggar, Deputy City Manager Thornhill and City Manager Nelson confirmed that the General Plan Circulation Study would include the Meadowview area. For informational purposes, Commissioner Olhasso relayed that SCAG population estimates have been consistently Iow for the Inland Empire, recommending that for more accurate information Dr. Husing's data be utilized. Mr. Goldman thanked the City Council and the Planning Commission for their helpful comments regarding the updated General Plan. R:\Minutes\102902 6 ADJOURNMENT At 9:18 P.M., Mayor Roberts formally adjourned the Joint City Council/Planning Commission Workshop to the next City Council regular meeting on November 12, 2002, 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\102902 7 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL NOVEMBER 12, 2002 After the Closed Session that convened at 6:00 P.M., the City Council convened in Open Session at 7:00 P.M., on Tuesday, November 12, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Absent: PRELUDE MUSIC Councilmembers: Comerchero, Naggar, Pratt, Roberts Councilmember: Stone The prelude music was provided by Andrea Grangruth. INVOCATION The invocation was given by Pastor Randy Ponder of Lamb's Fellowship. ALLEGIANCE The flag ceremony was presented by Councilman Naggar. PRESENTATIONS/PROCLAMATIONS Certificate of Achievement to Larry Sepulvea,~, Jr. for attaininq Eagle Scout rank With appreciation, Larry Sepulveda, Jr. accepted the Certificate and briefly commented on his Eagle Scout project. In light of the number of Eagle Scout the City has produced, Mayor Roberts commended the Scout Masters for their efforts. National Hospice Month Proclamation Extending their appreciation for the proclamation, Ms. Peggy Hopkins and Ms. Roxanne Sender were in attendance to accept the proclamation. Candleliqht Tribute Proclamation Thanking the City for this special recognition, Ms. Linda Mejia, Ms. Karen Harkey, and Ms. Janie Hogan were in attendance to accept the proclamation. PUBLIC COMMENTS A. Mr. William Harker 31130 - 85 General Kearny Road, representing the Temecula Valley Historical Society, relayed the Society's dedication to ensuring that there will be a yesterday to be remembered tomorrow and, as well, thanked the City Council for its continued support. B. Mr. Billy Banks, 43359 Chico Court, representing the Temecula Chamber of Commerce, apprised the City Council and the public of the Chamber's Shop Temecula First Campaign and commented on the derived benefits to the entire community by shopping in Temecula. R:\Minutes\l 11202 1 C. Requesting the City Council's assistance with regard to Code requirements as it relates to signage, Ms. Lorne Spencer (Old Town merchant), 43104 Agena Street, as well, commented on the lack of sidewalks on Fifth Street. CITY COUNCILREPORTS A. Councilman Comemhero thanked and commended the voters of Riverside County for passing Measure A with a 69.2% of the vote, noting that its passage was vital to the future of this County. B. Echoing Councilman Comerchero's comment with regard to Measure A, Mayor Roberts commented on future bonding efforts in 2003 and the prioritization of projects. C. Addressing the increasing number of fatal automobile accidents, Councilman Pratt commented on the billions of dollars allocated toward the Homeland Security Program while this terror within is being ignored; therefore, Mr. Pratt advised of his efforts to complete a Security First Ballot initiative Real Time Homeland Securityfor the November 2003 Election, proposing a Department of Transportation Homeland Security with a goal to move the maximum number of citizens within a minimum number of cars within City limits. In an effort to accomplish his goal, Mr. Pratt suggested that a 35 m.p.h, speed limit be imposed throughout the City. D. In light of Veterans' Day, Councilman Naggar honored those past and present Veterans for their service. CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motionto waivethereading ofthete~ofallordinancesandresolutionsincludedinthe agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of September 24, 2002. (Both Mayor Roberts and Councilman Naggar abstained with regard to this item.) 3 Resolution Approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: R:\Minutes\l 11202 2 RESOLUTION NO. 02-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of September 30, 2002. 5 Northeast Fire Station Construction Cost Aqreement between the City of Temecula and the County of Riverside RECOMMENDATION: 5.1 Approve the agreement between the City of Temecuia and the County of Riverside for cooperatively sharing the construction cost for the Northeast Fire Station. 6 Acceptance of Grant Deed - Crowne Hill Park RECOMMENDATION: 6.1 Authorize acceptance of the Grant Deed for Crowne Hill Park (located in the Crowne Hill development) and direct staff to proceed with the necessary actions to cause the deed to be recorded, 7 Cell Phone Contract RECOMMENDATION: 7.1 Approve a two-year agreement with Sprint for City Cellutar Services. 8 Acceptance of a Drainaqe Easement located within Parcel No. 4 of Parcel Map No. 13889 RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 02-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION FOR A DRAINAGE EASEMENT WITHIN PARCEL NO. 4 OF PARCEL MAP NO. 13889 R:\Minutes\l 11202 3 9 Bicycle Transportation Account (BTA) Grant Application for FY 2003/04 RECOMMENDATION: 9.1 Receive and file the report regarding the Bicycle Transportation Account (BTA) Grant Application for the development of the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road and authorize the Director of Public Works to forward said application the California Department of Transportation (Caltrans) Local Assistance Office; 9.2 Adopt a resolution entitled: RESOLUTION NO, 02-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE APPLICATION TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR BICYCLE TRANSPORTATION ACCOUNT FUNDS FOR THE DEVELOPMENT OF THE SANTA GERTRUDIS BICYCLE/TRAIL UNDERCROSSlNG AT MARGARITA ROAD 10 Diaz Road Realiqnment Proiect- Approval of Project and Negative Declaration (EA-68) RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO, 02-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A NEGATIVE DECLARATION AND APPROVING THE DIAZ ROAD REALIGNMENT PROJECT - PROJECT NO. PW95-27 11 French Valley Parkway Overcrossin,q and Interchange - Proiect No. PW02-11 - Acquisition Aqreement between the City of Temecula and Michael Edwin Coleman RECOMMENDATION: 11.1 Approve and execute in substantially the form hereto the Purchase and Sale Agreement and Escrow Instructions between the City of Temecula and Michael Edwin Coleman for the acquisition of certain real property in the amount of $570,000.00; 11.2 Direct the City Clerk to record the document; 11.3 Adopt a resolution entitled: R:\Minutes\l 11202 4 RESOLUTION NO. 02-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN OR EASEMENT UPON REAL ESTATE AS PERMI'I-FED BY GOVERNMENT CODE SECTION 27281 12 Amendment No. 2 to Professional Services Aqreement with Michael Brandman Associates for Pechanqa Parkway (formerly known as Pala Road) - Phase II Improvements - Project No. PW99-11 - Environmental Study and Clearances RECOMMENDATION: 12.1 Approve Amendment No. 2 to the agreement with Michael Brandman Associates to provide professional engineering and design services for the Environmental Study and Clearances for the Pechanga Parkway Phase II improvements - Project No. PW99-11 - for an amount not to exceed $71,600.00 and authorize the Mayor to execute the agreement. 13 Joint Community Facilities Agreement with Eastern Municipal Water District for the Shea Homes - Serena Hills Development (Tract No. 23209) RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 02-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT WITH THE EASTERN MUNICIPAL WATER DISTRICT RELATING TO SERENA HILLS 14 Solicitation of Construction Bids for Pechanqa Parkway Soundwall Improvements - Proiect No. PW99-11SW RECOMMENDATION: 14.1 Approve the project plans and specifications and authorize the Department of Public Works to solicit bids for the construction of the Pechanga Parkway Soundwall Improvements- Project No. PW99-11SW. 15 Harveston Acquisition Aqreement for Offsite Riqht-of-Way RECOMMENDATION: 15.1 Approve the Agreement pursuant to Government Code Section 66462.5 authorizing the City to use the power of eminent domain for acquisition of offsite right-of-way to provide the necessary right-of-way for widening of Winchester Road as required in the conditions of approval for the Harveston Project. R:\Minutes\l 11202 5 16 Second Reading of Ordinance No. 02-10 (Advanced Cardiovascular) RECOMMENDATION: 16.1 Adopt an ordinance entitled: ORDINANCE NO. 02-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION FOR AND APPROVING THE DEVELOPMENT AGREEMENT WITH ADVANCED CARDIOVASCULAR SYSTEMS, INC., A SUBSIDIARY OF GUIDANT CORPORATION (PLANNING APPLICATION NO. 02-0217) MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1 - 16. The motion was seconded by Councilman Naggar and voice vote reflected approval with the exception of Mayor Pro Tem Stone who was absent and Mayor Roberts and Councilman Naggar who abstained with regard to Item No. 2. At 7:24 P M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. The City Council Meeting resumed at 7:29 P.M. 17 Development Code Amendment (Planninq Application No. 02-0318) RECOMMENDATION: 17.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 02-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING STANDARDS FOR MODULAR STRUCTURES, ADOPTING CHAPTER 17.10 OF THE TEMECULA MUNCIPAL CODE, AND MAKING OTHER MINOR MODIFICATIONS TO THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION NO. 02-0318) Deputy City Manager Thornhill reviewed the staff report (as per agenda material), commenting on the proposed amendments, as follows: · Modular Structure Standards · Religious Institutions as Permitted Uses · Incidental Retail Sales to Industrial Uses · Nonprofit and Community Organization Facilities · Sign Programs · Typographic Changes · Obsolete and Unused Definitions R:\Minutes\l 11202 6 At this time, Mayor Roberts opened the public hearing Pastor Skip McComas, 31400 Britton Circle, representing Hope Lutheran Church, relayed his support of the proposed amendments. Mayor Roberts closed the public hearing. Commending Deputy City Manager Thornhill and the Planning Department staff, Councilman Comerchero commented on the collaboration between staff and those associated with regard to this item. City Attorney Thorson introduced and read by title only Ordinance No. 02-11. MOTION: Councilman Naggar moved to approve staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Pro Tern Stone who was absent. 18 Large Family Day Care Home Facility Ordinance (Planning Application No. 99-0382) RECOMMENDATION: 18.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 02-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 RELATING TO THE STANDARDS FOR LARGE FAMILY DAY CARE HOME FACILITIES (PLANNING APPLICATION NO. 99-0382) Principal Planner Hogan reviewed the staff report (of record), clarifying that this ordinance would pertain to large family, day care homes (6 to 12 children) and noting that the proposed ordinance would not pertain to commercials facilities. Mr. Hogan advised that Code enforcement issues with regard to such facilities would be handled through the City but that operational issues would be handled through the State. At this time, Mayor Roberts opened the public hearing. There being no public input, the public hearing was closed. City Attorney Thorson introduced and read by title only Ordinance No. 02-12. MOTION: Councilman Naggar moved to approve the staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Pro Tern Stone who was absent. 19 Appeal of Cinqular Wireless Telecommunication Facility at Chaparral Hiqh School - Conditional Use Permit/Development Plan (PA01-0572) RECOMMENDATION: 19.1 Adopt a resolution entitled: R:\Minutes\l 11202 7 RESOLUTION NO. 02-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF THE PLANNING COMMISISON'S DECISION TO APPROVE PLANNING APPLICATION NO. 01-0572 - A CONDITIONAL USE PERMIT/DEVELOPMENT PLAN TO DESIGN, CONSTRUCT, AND OPERATE A TWENTY-SIX FOOT HIGH, FOURTEEN FOOT WIDE UNMANNED WIRELESS TELECOMMUNICATION FACILITY HOUSING SIX ANTENNAS AND ASSOCIATED EQUIPMENT. THE SUBJECT PROPERTY IS GENERALLY LOCATED AT THE SOUTHWEST CORNER OF NICOLAS ROAD AND WINCHESTER ROAD ON THE CHAPARRAL HIGH SCHOOL CAMPUS ALSO KNOWN AS ASSESSOR'S PARCEL NO. 961-080-007 Principal Planner Hazen reviewed and highlighted the staff report and recommendation (of record), advising that because the proposed structure will not be educationally related, the City does have jurisdiction over the construction of this use even though it is located on a school site. At this time, Mayor Roberts opened the public hearing. Considering the height of the proposed structure and considering its location at a busy intersection, Ms. Trisha Markey, representing Fountain Glen Properties (neighboring senior housing project), expressed a concern with traffic visibility, marketing visibility, residents loss of view (east side) and, therefore, suggested that an alternate location for this structure be explored. Recalling when the neighboring senior housing project was reviewed by the Planning Commission, Councilman Naggar advised that he was a Planning Commissioner at the time and that those concerns expressed by Ms. Markey were similar concerns expressed by surrounding neighbors of the senior housing project. Mr. Naggar viewed the proposed structure as appropriate and relayed support for approval. In light of the need for this telecommunication structure, Councilman Comerchero commended those involved with the development of this structure for its creativity and relayed his support of the request. Echoing Councilman Naggar's comments, Mayor Roberts noted that he had visited the location of discussion and stated that there would be no to very limited view blockage as a result of this structure and, therefore, relayed his opposition to the appeal. Councilman Pratt expressed his support of the sign. MOTION: Councilman Naggar moved to approve the request and, thereby, granting the permit and denying the appeal. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Pro Tern Stone who was absent. At 7:58 P.M., Mayor Roberts called a short recess and reconvened the meeting at 8:15 P.M. R:\Minutes\111202 8 COUNCIL BUSINESS 20 All-Way Stop Si.qn Installation at North General Kearny Road and Golden Rod Road RECOMMENDATION: 20.1 Adopt a resolution: RESOLUTION NO. 02-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL-WAY STOP CONTROL AT THE INTERSECTIONOF NORTH GENERAL KEARNY ROAD AND GOLDEN ROD ROAD Public Works Director Hughes reviewed the staff report (as per agenda material), noting that it has been observed that this particular street is being used for recreational purposes (skate boarding ramps, bike ramps, basketball courts, etc.) In response to Councilman Naggar's concern as it relates to the differing speeds limits from County roads to City roads, Public Works Director Hughes noted that, for area of discussion, staff would be of the opinion that the existing traffic condition is working; that the width of North General Kearny Road is 44' from curb to curb; and that this road has been designated as a residential collector street. Highlighting the Public Traffic Safety Commission's opinion with regard to this matter, Commissioner Lanier advised that initially the matter was addressed as a speed issue but that it evolved into more of a pedestrian safety issue. In response to Councilman Comerchero, Commissioner Lanier explained the Commission's approval of the all-way stop control even though it would deviate from the acceptable standards because of the length of North General Kearny Road from Nicolas Road to the County and because of the expanded growth in the area to the Murrieta side which would use Golden Road to access the area of discussion. If the residents are desirous of a stop sign, Councilman Pratt relayed his support of the installation of one. Mr. Steve Chavez, 39810 Golden Rod Road, presented the neighbors' request for the installation of a stop sign, highlighting the Commission's unanimous vote to install the sign and reiterating that the issue of concern being pedestrian/bicyclist safety versus a speed limit concern. In response to Councilman Naggar, Mr. Chavez acknowledged the residents' awareness and acceptance of issues such as stacking/staging, loss of parking, difficulty backing out, increased noise/pollution if this request were approved. Commenting on the current false sense of security, Ms. Lisa Pidgeon, 39822 Golden Rod Road, requested the ability to cross at a controlled intersection. In light of the continued growth in the area of discussion, Mr. Johan Backlund, 39835 North General Kearny, requested that the all-way stop control be approved, noting that the requested signs are not solely for motorists but also for the safety of the pedestrians and bicyclists. For the children's safety, Mr. Curtis Warrick, 39875 North General Kearny, requested the approval of the all-way stop control. R:\Minutes\l 11202 9 Considering the uniqueness of this situation (long stretch of road bordering County and the growth in the area), Councilman Naggar reiterated the impacts to the residents associated with the installation of such signs; stated that a street is not a place to let children play, noting that this particular street has been designated as a residential collector road; and relayed his support of the Commission's recommendation. Concurring with Councilman Naggar's comment that children should not be playing in the street, Councilman Comerchero stated that there is a need for pedestrians to cross the street. In response to Councilman Comerchero, Mr. Chavez advised that there would be a general agreement of those residents on North General Kearny to the installation of these signs, advising that two individuals did not sign the petition and that all residents on Golden Rod Road and Franciscan Court signed the petition. In response to Councilman Comerchero, Public Works Director Hughes advised that although staff does not survey the opinion of the residents once an unwarranted stop sign has been installed but advised that actual feedback has been received from the residents and that those responses vary. Mr. Hughes noted that the success with the installation of unwarranted stop signs is that perception that something had been done. In closing, Mr. Hughes clarified that it is the Public Works Department's responsibility to complete the technical analysis of a request such as this and to provide, to the Council, the facts consistent with the guidelines set by the State. Councilman Comerchero relayed his desire to rather make an error on the side of safety for the residents and, therefore, relayed his support of the request. Advising that the City has installed other unwarranted stop sign because of safety concerns, Mayor Roberts commented on the neighborhood's desire to have these signs installed; addressed the continued growth in that area; and noted his support for the request. MOTION: Councilman Comerchero moved to approve the installation of an All-Way Stop Sign installation at North General Kearny Road and Golden Rod Road. The motion was seconded by Councilman Naggar and voice vote reflect approval with the exception of Mayor Pro Tem Stone who was absent. 21 Relinquishment of Caltrans Ri.qht-of-Wa¥ (State Routes 79 North and South) (at the request of Mayor Roberts.) RECOMMENDATION: 21.1 Direct the Public Works Department to proceed with the relinquishment process for certain segments of State Route 79 South (SR 79S) and Winchester Road (SR 79N) from the State of California to the City of Temecula; 21.2 Adopt a resolution entitled: RESOLUTION NO. 02-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTEREST TO ACCEPT JURISDICTION OF THOSE SEGMENTS OF WINCHESTER ROAD (SR 79N) AND STATE ROUTE 79 SOUTH (SR 79S) EXTENDING FROM 1-15 TO THEI CITY LIMITS FROM THE STATE OF CLAIFORNIA R:\Minutes\111202 10 Reviewing the relinquishment process for SR 79S and Winchester Road (SR 79N), Mayor Roberts and Public Works Director Hughes commented on the requirements and timeline and stated that the proposed resolution will begin the process with no commitment on the City's part until all terms with the State have been resolved. Mr. Elton Ward, 39558 Freemark Abbey, relayed his support of the proposal to relinquish. Councilman Naggar commended Mayor Roberts for his initiation of this process. MOTION: Councilman Naggar moved to approve staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Pro Tern Stone who was absent. 22 Community Services Commission Appointments RECOMMENDATION: 22.1 Appoint one applicant to serve a full three-year term on the Community Services Commission through October 10, 2005. Briefly reviewing the staff report (of record), Mayor Roberts advised that both subcommittee members (Roberts/Stone) recommend the reappointment of James Meyler. MOTION: Councilman Naggar moved to reappoint Mr. James Meyler. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Pro Tem Stone who was absent. 23 Public/Traffic Safety Commission Appointments RECOMMENDATION: 23.1 Appoint two applicants to serve on the Public/Traffic Safety Commission for full three-year terms through October 10, 2005. Briefly reviewing the staff report (of record), Mayor Roberts advised that both subcommittee members (Roberts/Stone) recommend the reappointment of Mark Katan and the appointment of Pete Ramos. MOTION: Councilman Naggar moved to reappoint Mr. Mark Katan and to appoint Mr. Pete Ramos. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Mayor Pro Tem Stone who was absent. Councilman Naggar, echoed by Councilman Comerchero, commended Mr. Charles Coe for his years of service and requested that Mr. Coe receive the appropriate recognition. R:\Minutes\l 11202 11 CITY MANAGER'S REPORT City Manager Nelson commended the Public Works Department on its efforts associated with the Ali-Way Stop Sign installation. CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson noted that there were no reportable actions with the exception that the City Council authorized the attorney to defend the City and City Council in the Pratt v. City of Temecuta lawsuit and that the real property matter was approved. ADJOURNMENT At 9:18 P.M., the City Council meeting was formally adjourned to Tuesday, November 26, 2002, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\111202 12 ITEM 3 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $6,577,660.16. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 14th day of January, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:/Resos2003/Resos 03- I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 03- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 14th day of January, 2003 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos2003/Resos 03- 2 CITY OF TEMECULA LIST OF DEMANDS 12/12/02 TOTAL CHECK RUN: 12/19/02 TOTAL CHECK RUN: 01/03/03 TOTAL CHECK RUN: 12/190/2 TOTAL PAYROLL RUN: 01/02/03 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 01114~03 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 130 OPEN SPACE 165 RDA DEV-LOW/MOD SET ASIDE 190 COMMUNFrY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPFrAL IMPROVEMENT PROJ. FUND 261 CFD 88-12 ADMIN EXPENSE FUND 280 REDEVELOPMENT AG ENCY-CIP 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 390 TCSD DEBT SVC 100 GENERAL FUND 165 RDA-LOW/NIOD SET ASIDE 190 COMMUNITY SERVICES DISTR~CT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 280 REDEVELOPMENT AGENCY-CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTAL BY FUND: PREPARED BY JADA YONKER, ACCOUNTING SPECIALIST GENIE ROBERTS, DIRECTOR OF FINANCE SHAWN NELSON, CITY MANAGER 2,603,482.47 289,486.76 f 288,373.17J 2,961,051.61 16,625.00 32,968.04 230,922.55 41,542.95 57,459.67 1,611,722.82 526,751.11 1,180.68 35,731.40 284,731.42 83,827.19 68,083.26 20,720.40 22,332.13 4,150.00 9,743.02 102,254.60 214.95 9,875.36 1,458.63 4,213.81 1,975.15 19,790.30 4,511.49 12,563.39 $ 5,999,800.23 577,859.93 ~) $ 6,577,660.16 HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. CITY OF TEMECULA LIST OF DEMANDS 12/12/02 TOTAL CHECK RUN: 12/19/02 TOTAL CHECK RUN: 01/03/03 TOTAL CHECK RUN: 12/190/2 TOTAL PAYROLL RUN: 01~3/03TOTAL PAYROLL RUN; TOTAL LIST OF DEMANDS FOR 81114/03 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 130 165 190 192 193 194 210 261 280 300 310 320 33O 34o 39O GENERAL FUND OPEN SPACE RDA DEV-LOW/MOD SET ASIDE COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D CAPITAL IMPROVEMENT PROJ. FUND CFD 88-12 ADMIN EXPENSE FUND REDEVELOPMENT AGENCY-CIP INSURANCE FUND VEHICLES FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TCSD DEBT SVC 100 165 190 192 193 164 280 3O0 32O 330 34O GENERAL FUND RDA-LOW/MOD SET ASIDE COMMUNITY SERVICES DISTRI(~T TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D REDEVELOPMENT AGENCY-CIP INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTAL BY FUND: PREPS_ BY J,~A YO~,/~CCOU,~ING SPECIALIST SHAWN NELSON, CITY MANAGER $ 914,152.05 2,482,165.71 2,603,482.47 289,486.76 288,373.17 $ 6,577r660.16 2,961,051.61 16,625.00 32,968.04 230,922.95 41,542.95 57,459.67 526,791.11 1,180.68 35,731.40 284,731.42 83,827.19 68,083.26 20,720.40 22,332.13 411,259.23 9,743.02 102,254.60 214.95 9,875.36 1,458.63 4,213.81 1,975.15 19,790.30 4,511.49 12,563.39 $ 5,999,800.23 577,859.93 $ 6,577,660.16 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. apChkLst Final Check List Page: 1 12/12/2002 12:15:15PM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81212 12/12/2002 004148 AT&T 81213 12/12/2002 005799 AAA 81214 12/12/2002 005058 ADAMS, AARON Description NOV:Long distance svcs: P.D. Amount Paid 44.86 80.00 91.95 75.00 195.00 CPS Tech Cert:Police:SL/KJ/JJ/MK Reimb.:Library Grant Lobby:12/02 81215 12/12/2002 003811 AMERICAN ASSN FOR STATE Membemhip:Museum Mgr:Ott, W. 81216 12/12/2002 000747 AMERICAN PLANNING ASSOCI APA Membership:Harris:Planning 81217 12/12/2002 000101 APPLE ONE, INC. 81218 12/12/2002 001323 ARROWHEAD WATER INC 81219 12/12/2002 003203 ARTISTIC EMBROIDERY Temp Help:Kissam, N. PPE 11/16 Temp Help:Kissam, N. PPE 11/23 Temp Help:Kissam, N. PPE 11/02 Temp Help:Kissam PPE 11/30 Temp help:Hall, N. PPE 11/23 Temp Help:Kissam, PPE 11/02 & 11/ Temp Help:Schalk, B PPE 11/02 City Hall Drinking Water Maint. Facility Drinking Water CRC Drinking Water T.V. Museum Drinking Water Casual Day Shirts For Temecula Poli 780.00 770.25 520.00 312.00 260.00 149.50 104.00 695.46 581.22 98.57 23.48 416.99 81220 12/12/2002 001445 ASSISTANCE LEAGUE OF TEME 02-03 Corem Svc Funding Award 5,000.00 108.00 2,302.90 100.00 1,500.00 388.83 1,380.00 81221 12/12/2002 81222 12/12/2002 81223 12/12/2002 81224 12/12/2002 81225 12/12/2002 81226 12/12/2002 002648 AUTO CLUB OF SOUTHERN CA New Memberships:PW:Davis D./Rew,~ 004778 BERRYMAN & HENIGAR INC 005795 BODMAN, EARLENE 004868 BOY SCOUTS OF AMERICA 005142 BUDKLEY, TIMOTHY 10/5-11/1 dsgn svcs:pavement mgmt 2nd Place in Mystery Writing Contest 02-03 Corem Svc Funding Award Reimb:Comdex Conf: 11/18-21/02 004081 BUSINESS FURNtTURE GROUP Overhead cabinet repair - public works Check Total 44.86 80.00 91.95 75.00 195.00 2,895.75 1,398.73 416.99 5,000.00 108.00 2,302.90 100.90 1,500.00 388.83 1,380.00 Page:l apChkt-st 12/12/2002 12:15:15PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81227 12/12/2002 000674 CALIFCONTRACTClTIES 81228 12/12/2002 81229 12/12/2002 81230 12/12/2002 81231 12/12/2002 81232 12/12/2002 81233 12/12/2002 81234 12/12/2002 81235 12/12/2002 81236 12/12/2002 81237 12/12/2002 81238 12/12/2002 81239 12/12/2002 81240 12/12/2002 81241 12/12/2002 81242 12/12/2002 Final Check List City of Temecula (Continued) Description 2002/03 City membership dues 000790 CALIF DEPT OF PESTICIDE Qual Applicator Cer~:Harrington 004971 CANON FINANCIAL SERVICES, I Copier Contract for City Facilities 004093 CARDIO CARE PLUS TCSD instructor earnings 003349 CAROUSEL FARM & CARRIAGE Carriage Rides:Dickens Christmas 005417 CINTAS FIRST AID & SAFETY First Aid Kit Supplies:City Hall 001193 COMP U S A INC Link Wireless Router:Info Sys 4pk Dvdr Media 4.7gb:lnfo Sys computer supplies:Info Sys CR:Restocking Fee:Ref. PO#473 003059 COSTCO WHOLESALE MEMBE Wholesale membership:Pelletier/Fi Wholesale membership:Pelletier 005793 COVELLO, TONI Refund:Sports-BB Fund Beg 4082.204 001009 D B X INC Installation of Loop Detectors:Rancho 003272 DAISY WHEEL RIBBON COMPAI Plotter paper & ink:GIS 003006 DEWITT CUSTOM PAINTING Res Imp Prgm: Sell, Marcy- Res Imp Prgm: Abalos, Ben & Delore 002701 DIVERSIFIED RISK Nov 02:Special Events Premiums 005794 DUNGEREAUX, ROSA PONCE 3rd Place in Mystery Contest 001669 DUNN EDWARDS CORPORATI Paint/Misc Supplies:Graffiti Removal:P 001380 E S I EMPLOYMENT SERVICES TEMP HELP - OFC ASST & BLDG IN Bragg temp help PPE 11/15:CLP Div TEMP HELP - OFC ASST & BLDG IN Mar~inez temp help PPE11/29 Kanigowski PPE 11/29:GIS Bragg temp help PPE 11/29:CLP Div Amount Paid 560.00 30.00 6,727.20 374.40 650.00 86.74 683.63 163.54 80.78 -232.06 80.00 -35.00 30.00 580.00 465.81 2,200.00 1,200.00 555.72 50.00 122.57 2,188.16 1,559.25 1,240.80 1,235.20 987.28 935.55 Page: 2 Check Total 560.00 30.00 6,727.20 374.40 650.00 86.74 595.89 45.00 30.00 580.00 465.81 3,400.00 555.72 50.00 122.57 Page2 apChkLst Final Check List Page: 3 12/12/2002 12:16:15PM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81243 12/12/2002 003223 EDAW INC 81244 12/12/2002 005052 EMCOR SERVICE 81245 12/12/2002 003171 EMPIRE ECONOMICS LLC (Continued) Description Amount Paid Nov prof svcs:Pala Rd Bridge Nov prof svcs:Long Cyn Basin City HalIHVAC Qrtly Prey Maint Fire Stn #84:Replace Pully/Belt on HW Market Absorption Study:Crowne Hill 677.39 163.23 1,986.00 82.16 12,500.00 Check Total 840.62 2,068.16 12,500.00 81246 12/12/2002 81247 12/12/2002 005251 EQUIPMENT REPAIR SERVICE 002060 EUROPEAN DELI & CATERING Mobile Equip & Truck Repairs: PW Ma Mobile Equip & Truck Repairs:PW Ma 12/05 EE Recognition Luncheon:HR 370.00 320.00 2,575.23 690.00 2,575.23 81248 12/12/2002 81249 12/12/2002 000478 FAST SIGNS 001056 EXCEL LANDSCAPE spraying-Marg Prk Channel install trees @ Butterfield Stage Pk main line repair:Paloma Park Main line repair:Medusa slope S-18 TEMEKU HILLS INSTALL THRE Main line repair:Vail Ranch Pkwy main line repair:Paseo Park Main line repair:Pavilion Pointe Main line repair:Vail Ranch replace Crape Myrtle @ Marg/Winch. replace plant @ Marg Park replace damaged tree:Temeku Hills Replace batteries:Nada Lane Field close signs:Sports parks 1,197.59 300.00 277.43 236.57 225.00 213.54 208.80 202.92 160.93 75.00 75.00 75.00 52.08 395.31 3,299.86 395.31 81250 12/12/2002 004310 FEDEX GROUND INC Ground express package svcs 356.50 356.50 81251 12/12/2002 81252 12/12/2002 003347 FIRST BANKCARD CENTER 004944 FULLCOURT PRESS xx-9277: Roberts:Conf/Prof Mtgs xx-6165:Yates:Conf/Prof xx-7824:Com erchero:Conf/Prof Mtgs xx-2292:Roberts, G.:Conf/Prof Mtgs xx-1143:Parker:Conf/Prof Mtgs xx-1405:Ubnoske:Prof Mtgs/Publicat xx-0432:EImo, A.:Team Bldg CASH RECEIPT FORMS FOR CASHI 1,719.61 910.87 724.17 546.50 339.41 103.78 56.46 1,015.49 4,400.80 1,015.49 81253 12/12/2002 002528 GLASS BLASTERS INC Recycling Calendar 2003 Awards:TCS New EE Glass Mugs:HR 270.00 80.81 350.81 Page3 apChkLet Final Check List Page: 4 12/12/2002 12:15:15PM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 81254 12/12/2002 81255 12/12/2002 000177 GLENNIES OFFICE PRODUCTS 003640 GRAYNER ENGINEERING Description Misc Office Supplies:Human Res Misc Office Supplies:Finance Misc Computer Supplies:iS Division Misc Office Supplies:Records Mgmt Misc Office Supplies:City Clerk Misc Office Supplies:Planning Misc Office Supplies:B & S Misc Office Supplies:City Mgr 11/4-24 Eng svcs:Memantile bldg Amount Paid 445.54 431.87 346.85 330.22 259.53 131.93 122.52 78.11 690.00 Check Total 2,146.57 690.00 81256 12/12/2002 81257 12/12/2002 000186 HANKS HARDWARE INC 005791 HEART FOR CHILDREN Maint. Supplies:Various Sites:TCSD Misc Supplies:PW Maint Div Misc Maint Supplies:PW:OId Town C.R.C. Maintenance Supplies Maint. Supplies:T.V. Museum City Hall Maintenance Supplies West Wing Maint Supplies Misc Supplies:PW Maint Div Misc Supplies:IS Division 02-03 Corem Svc Funding Award 502.11 256.70 25~.10 129.14 83.37 76.05 31.22 28.50 18.31 500.00 1,374.50 500.00 81258 12/12/2002 005419 HOME IMPROVEMENT SOLUTI Res Imprv Prgm: Enriquez, Vincent 2,500.00 2,500.00 81259 12/12/2002 004833 IMPERIAL PAVING COMPANY I Street Repair:Via Puesta Del Sol @ 15,930.00 15,930.00 81260 12/12/2002 005798 INSURANCE SERVICES OFFIC Fire Suppression Rating Schedule:Neu 59.26 59.26 81261 12/12/2002 001407 INTER VALLEY POOL SUPPLY I Aquatic Pool Sanitizing Chemicals 203.43 203.43 81262 12/12/2002 001186 IRWIN, JOHN TCSD instructor earnings 64.00 64.00 81263 12/12/2002 002140 JAGUAR COMPUTER SYSTEMS Computer Repairs:Police Storefrents 192,70 192.70 81264 12/12/2002 003046 K F R O G 95.1 FM RADIO Advertising:Dickens Christmas 11/23/0 100.00 100.00 81265 12/12/2002 001667 KELLY TEMPORARY SERVICES Temp Help:Candido, A. PPE 11/24:1S 999.00 999.00 81268 12/12/2002 003986 KEVIN COZAD & ASSOCIATES I Design svcs:Pala Rd Ph 2 Topographic Survey:Winchester Rd 3,655.77 2,480.00 6,135.77 Page~ Final Check List Page: 5 City of Temecula apChkLst 12/12/2002 12:15:15PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81267 12/12/2002 000205 KIDS PARTIES ETC 81268 12/12/2002 81269 12/12/2002 81270 12/12/2002 81271 12/12/2002 81272 12/12/2002 81273 12/12/2002 81274 12/12/2002 81275 12/12/2002 81276 12/12/2002 81277 12/12/2002 81278 12/12/2002 81279 12/12/2002 81280 12/12/2062 81281 12/12/2002 81282 12/12/2002 81283 12/12/2002 81284 12/12/2002 005803 LARSON, MICHELLE 005792 LEWIS, B~ ~ ¥ 003726 LIFE ASSIST INC (Continued) Description Party Jump Rental:Winter Wonderland Rb:Namotic Officers Tm:l 1/23-25 Refund:Holiday Craft Fair Paramedic Supplies:Fire Paramedic Supplies:Fire 000220 MAURICE PRINTERS INC 001924 MAXIMUS INC 003800 MCLAUGHLIN ENGINEERING 002810 MCTRANS CENTER/UNIV OF F 003448 MELODYS AD WORKS 005684 MEREDITH, MARILYN 001905 MEYERS, DAVID WILLIAM 004013 M & M REFRIG., HEATING & A/C Res Imprv Pgrm:Talavera, M 003782 MAIN STREET SIGNS Var signs & supplies:PW Maint Sign supplies for PW Maint 004141 MAINTEX INC C.R.C Custedial Supplies 001967 MANPOWER TEMPORARY SER temp help w/e 11/17 Dankworth temp help w/e 11/24 Dankworth 000217 MARGARITA OFFICIALS ASSN Nov-Dec sports officiating svcs CAFR tab dividers CAFR report covers Sep-Oct 02:Impact Fee Study Credit:Overbilled reimb expenses Prgs prat #1 :R.V. Drainage imprv Data processing equip:PW Traf Div Holiday promotions for Old Town speaker @ Erie Stanley Gardner:Il/2 TCSD INSTRUCTOR EARNINGS 004894 MICHAEL BRANDMAN ASSOCIA 8/31-9/27 Prof svcs:Pala Rd ph2 9/28-10/25 Prof svcs:Pala Rd ph2 004002 MILNER SIGNS FAC IMP PRGM: MAINT STREET SU Amount Paid 200.00 34.84 30.00 699.04 672.44 125.00 2,078.47 323.25 114.20 354.75 354.75 1,330.00 804.89 758.56 10,399.93 -60.69 27,816.00 260.00 2,686.50 200.00 376.00 1,019.70 808.45 2,924.73 Check Total 200.00 34.84 30.00 1,371.48 125.00 2,401.72 114.20 709.50 1,330.00 1,563.45 10,339.24 27,816.00 260.00 2,686.50 200.00 376.00 1,828.15 2,924.73 Page5 apChkLst Final Check List Page: 6 12/12/2002 12:15:15PM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81285 12/12/2002 81286 12/12/2002 81287 12/12/2002 000437 MORELAND & ASSOCIATES 004508 NAGGAR, MICHAEL S. 002925 NAPA AUTO PARTS 81288 12/12/2002 81289 12/12/2002 81290 12/12/2002 81291 12/12/2002 81292 12/12/2002 81293 12/12/2002 81294 12/12/2002 81295 12/12/2002 81296 12/12/2002 81297 12/12/2002 81298 12/12/2002 81299 12/12/2002 81300 12/12/2002 81301 12/12/2002 000233 NELSON, SHAWN 002139 NORTH COUNTY TIMES- ATTN: 004191 NORTH COUNTY TIMES-PMT P 002292 OASIS VENDING (Continued) Description Oct:temp help:Broadman Reimb:Nat'l Energy Cf:l 1/17-19 ms vehicle parts/supplies parts/supplies for PW Maint Parts/supplies for PW Maint Reimb:Library Lobby Trip:l 1/20 Nov Dickens holiday:Old Town Nov recruitment ads for H.R. Dept Nov Constr update ads for PW 12/22-6/21 Subscription:Finance Dept City Hall Kitchen/coffee supplies West Wing kitchen/coffee supplies 004473 OLDTOWNTEMECULAGUNFIG gunfightperlormance:OIdTown:10/4 002105 OLD TOWN TIRE & SERVICE City vehicle main+/repair svcs City vehicle main+/repair svcs City vehicle main+/repair svcs 001171 ORIENTALTRADINGCOMPANY Holiday supplies:TCSD/Sister Cities 002256 P & D CONSULTANTS INC 004520 PAINT CONNECTION, THE 004074 PARTY CITY OF TEMECULA IN Nov temp bldg inspection svcs interior painting @ Fire stn 84 supplies:ee recogn luncheon:12/5 003663 PECHANGA BAND OF LUISENO ee holiday party:12/7/02 000249 PETTY CASH Petty cash reimbursement 000580 PHOTO WORKS OF TEMECULA Nov photo dev/film:Museum 003200 PIN CENTER, THE City Seal pins:promos/sister city Amount Paid 1,443.95 16.53 23.69 13.49 5.47 109.82 986.58 620.40 550.12 61.00 357.84 77.58 250.00 655.57 362.19 19.19 26.55 12,300.00 7,343.00 17.22 12,198.77 424.11 60.76 3,420.00 Check Total 1,443.95 16.53 42.65 109.82 2,157.10 61.00 435.42 250.00 1,036.95 26.55 12,300.00 7,343.00 17.22 12,198.77 424.11 60.76 3,420.00 Page~ apChkLst Final Check List Page: 7 12/12/2002 12:15:15PM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81302 12/12/2002 001999 PITNEY BOWES 81303 12/12/2002 005800 PREINSBERGER, DUANE (Continued) Description Jan-Mar postage meter rental Writing Contest:Erie Stanely Gardner 81304 12/12/2002 000254 PRESS ENTERPRISE COMPAN Nov recruitment ads for H.R. dept Nov var public ntcs:City Clerk 81305 12/12/2002 004529 QUAID HARLEY-DAVIDSON 81306 12/12/2002 004457 R J NOBLE COMPANY mpair/maint of P.D. motomycles Rel. Retention:Marg Rd. Ph 2 81307 12/12/2002 002176 RANCHO CALIF BUS PARK ASS Jan-Mar Assn Dues:Diaz Jan-Mar Assn Dues:City Hall 81308 12/12/2002 000262 RANCHO CAL~FWATER DIST Various water meters Various water meters 10/29-11/25 01-02-98010-0 Sin 84 11/1-12/2 01-08-38009-0 Stn 92 10/30-11/27 01-06-84860-5 Pujol St. 10/29-11/25 01-02-98000-0 Sin 84 Nov 01-06-55000-1 Main St Nov 01-06-84900-1 Pujol St Nov 01-06-96000-11 Pujol St. Nov 01-06-96500-1 Pujol St. Nov 01-06-99000-14 Pujol St 81309 12/12/2002 000947 RANCHO REPROGRAPHtCS Dupl blueprints:Rnbw Cyn 81310 12/12/2002 004483 RECREONICS INC GOLD MEDAL LAND LINE, 75 FEET, I 81311 12/12/2002 001500 REGIONALTRAINING CENTER- Team Bldg for B&S:12/10/02 81312 12/12/2002 000266 RIGHTWAY Equip rental- Riverton Park equip rental - Veteran's Park 81313 12/12/2002 000418 RIVERSIDE CO CLERK & RECO[ Aperture card duplicates 81314 12/12/2002 000267 RIVERSIDE CO FIRE DEPARTM[ Apr-Jun 2002:fire services 81315 12/12/2002 000411 RIVERSIDE CO FLOOD CONTRfi Jul plan check fees:Pechanga Pkwy 81316 12/12/2002 000268 RIVERSIDE CO HABITAT Nov 2002 K-Rat payment Amount Paid 309.52 200.00 3,920.73 205.57 166.30 13,734.57 2,176.46 1,582.88 10,927.95 1,699.63 202.60 51.22 45.11 9.74 1.44 1.44 1.44 1.44 1.44 45.72 2,303.10 450.00 77.94 54.39 14.45 606,200.20 286.96 500.00 Check Total 309.52 200.00 4,126.30 166.30 13,734.57 3,759.34 12,943.45 45.72 2,303.10 450.00 132.33 14.45 606,200.20 286.96 500.00 Page~ apChkLst Final Check List Page: 8 12/12/2002 12:15:15PM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 81317 12/12/2002 000406 RIVERSIDE CO SHERIFFS DEP 81318 12/12/2002 005073 ROCKYZHARP Amount Paid October 2002 Booking Fees entertainment:Dickens Hol.:l 1/30 7,286.40 250.00 Check Total 7,286.40 250.00 81319 12/12/2002 81320 12/12/2002 81321 12/12/2002 81322 12/12/2002 002226 RUSSO, MARY ANNE 000277 S & S ARTS & CRAFTS INC 001942 S C SIGNS 000278 SAN DIEGO UNION TRIBUNE TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS Supplies for holiday events Sept var public ntcs:City Clerk Oct var public ntcs:City Clerk Var recruitment ads for H. R. 700.00 700.00 57.56 260.00 260.00 1,399.99 1,400.00 57.56 520,00 1,399.99 81323 12/12/2002 81324 12/12/2002 81325 12/12/2002 81326 12/12/2002 81327 12/12/2002 81328 12/12/2002 004609 SHREDFORCE INC Nov document shredding svcs 005801 SIMON, TODD Refund:Eng Dep:31862 Camino Cielo 000645 SMART & FINAL INC Supplies for holiday events 000722 SO CALF ASSN CODE ENF.OFF annualmbrshp:T. Cole 000537 SO CALIF EDISON 001212 SO CALIF GAS COMPANY 11/1-12/1 2-01-202-7603 var mtrs 11/1-12/4 2-02-351-5281 CRC 11/1-12/1 2-00-987-0775 var mtrs Dec 2-05-791-8807 various mtrs Dec 2-22-417-8772 Rancho Vista 11/1-12/4 2-06-105-0654 var mtrs 11/5-12/6 2-10-331-1353 Stn 84 Dec 2-10-331-2153 TCC 10/30-12/2 Front St Ped Dec 2-20-798-3248 Childrens Mus Nov 2-19-538-2262 various mtrs Dec 2-23-693-2810 Pala Rd Dec 2-23-548-1975 various mtrs Dec 2-24-077-3069 Pala Rd Dec 2-23-051-9399 Marg Ped 10/8-11/06 101-525-0950-0 TCC 110.00 995.00 86.95 50.00 13,744.19 5,290.58 5,177.26 3,990.52 3,232.74 2,819.28 953.31 789.23 597.43 151.89 110.25 56.54 44.78 42.52 16.02 25.56 110.00 995.00 86.95 50.00 37,016.54 25.56 81329 12/12/2002 000282 SO CALIF MUNICIPAL ATHLETI 2003 mbrshp dues:H. Parker 50.00 50.00 Page~ apChkLst Final Check List Page: 9 12/12/2002 12:15:15PM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 81330 12/12/2002 000519 SOUTH COUNTY PEST CONTR(~ Pest Control Srvcs: CRC Amount Paid 312.00 81331 12/12,/2002 81332 12/12/2002 81333 12/12/2002 813-34 12/12/2002 81335 12/12/2002 000293 STADIUM PIZZA 004306 STENO SOLUTIONS 000465 STRADLEY, MARY KATHLEEN 001546 STRAIGHT LINE GLASS INC 000574 SUPERTONER refreshments:wreath decorating refreshments:float decorating Oct transcription svcs:Police Nov transcription svcs:Police TCSD Instructor Earnings TCSD Instructor Earnings Res Imp Prgm: Gilkey Res Imp Prgm-Lovell, Jacqueline HP Printer Supplies 68.95 33.68 1,688.16 1,648.32 536.00 188.00 1,059.16 182.97 74.19 2,500.00 81336 12/12/2002 004972 T E A M COMMUNITY PANTRY FY 02/03 Comm Svc Funding Awrd 81337 12/12/2002 81338 12/12/2002 000305 TARGET STORE 000168 TEMECULA FLOWER CORRAL Supplies for holiday parade supplies for Winter Wonderland supplies for Winter Wonderland Sunshine Fund 167.32 83.11 35.44 125.96 81339 12/12/2002 81340 12/12/2002 81341 12/12/2002 81342 12/12/2002 003677 TEMECULA MOTORSPORTS LL 004541 TEMECULA RADiATOR/AUTO R 000307 TEMECULA TROPHY COMPAN 004274 TEMECULA VALLEY SECURITY, P.D. motomycle repair/maint svcs P.D. motorcycle repair/maint svcs repair/maint:Fire Prey. vehicles repair/maint:Fire Prey. vehicles Perpetual Plaques:Team Pace events Plaques:Turkey Trot Tournament name plates:Moore/Brown/Pint Award:Gift Giving Campaign name plate:P. Ramos Parks locksmith svcs 416.37 84.15 98.25 68.25 146.43 59.26 38.79 8.19 8.08 55.00 81343 12/12/2002 003140 TEMECULA VALLEY TAEKWON TCSD INSTRUCTOR EARNINGS 40.00 81344 12/12/2002 004477 TEMECULA VALLEY WOMANS £ FY 02/03 Corem Svc Funding Awrd 5,000.00 81345 12/12/2002 81346 12/12/2002 003598 TEMECULA VINTAGE SINGERS 000320 TOWNE CENTER STATIONERS entertainment:Dickens Hol.:l 1/23 entertainment:Dickens Ho1.:12/1 Office supplies for Land Dev 200.00 200.00 1,062.62 Check Total 312.00 102.63 3,336.48 724.00 1,242.13 74.19 2,500.00 285.87 125.96 500.52 166.50 260.75 55.00 40.00 5,000.00 400.00 1,062.62 Page~ apChkLet Final Check List Page: 10 12/12/2002 12:15:15PM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 81347 12/12/2002 004435 U S CONFERENCE OF MAYORS MayorsCf:01/22-24/03:J. Stone Amount Paid 450.00 3,751.19 54.00 81348 12/12/2002 002702 U S POSTAL SERVICE Postage meter deposit 81349 12/12/2002 004981 UNISOURCE SCREENING & Nov 16-30 background screening svcs 81350 12/12/2002 81351 12/12/2002 005805 URISA 004504 VAIL RANCH SELF STORAGE 1/1-12/31/03 mbrshp dues:J.D. 1/1-12/31/03 mbrshp dues:K.B. 1/1-12/31/03 mbrshp dues:D.K. Dec off-site record storage 132.00 132.00 20.00 30.00 81352 12/12/2002 81353 12/12/2002 81354 12/12/2002 81355 1W12/2002 004261 VERIZON CALIFORNIA 004279 VERIZON CALIFORNIA INC. 004789 VERIZON INTERNET SOLUTION 005804 WELLS FARGO BANK NOV XXX-1408 P.D. SATELLITE STN NOV XXX-5509 GENERAL USAGE NOV XXX-9897 GENERAL USAGE Nov xxx-1540 Old Town Prk Lot NOV XXX-0049 GENERAL USAGE NOV XXX-1289 PRATT NOV XXX~5840 GENERAL USAGE NOV XXX-5780 GENERAL USAGE NOV XXX-2629 NAGGAR NOV XXX-2730 ELEVATOR NOX XXX-2670 911 AUTO DIALER Nov access-CRC phone line Nov access-rvsd co phone line xx-0544:lntemet phone svcs XX-741 l:lntemet phone svcs Phone svcs/EOC backup @stn 84 Savings Bond:lst piace:E.S.G. 380.99 145.94 89.48 89.48 36.53 33.39 32.39 32.39 29.69 28.81 28.67 343.30 268.20 69.95 69.95 69.95 50.00 81356 12/12/2002 005804 WELLS FARGO BANK Savings Bond:2nd place:E.S.G. 25.00 12.50 186.63 3,500.00 10.50 81357 12/12/2002 005804 WELLS FARGO BANK Savings Bond:3rd place:E.S.G. 81358 12/12/2002 003835 WEST COAST SUPPLY COMPAI' Gas Sensor supplies:Catch Basins 81359 12/12/2002 004829 WILSON GROUP LLC, THE Dec legislative lobbyist svcs 81360 12/12/2002 005802 ZAVALA, ADRIANA Refund:Breakfast with Santa Check Total 450.00 3,751.19 54.00 284.00 30.00 927.76 611.50 209.85 50.00 25.00 12.50 186.63 3,500.00 lO.5O Page:10 apChkLst Final Check List Page: 11 12/12/2002 12:15:15PM City of Temecula Sub total for UNION BANK OF CALIFORNIA: 914,152.05 apChkt.st Final Check List Page: 12 12/12/2002 12:15:15PM City of Temecula 149 checks in this report. Grand Total All Checks: 914,152.05 Page:12 apChkLst 12/19/2002 3:23:07PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 67 12/19/2002 000444 INSTATAX (EDD) 68 12/19/2002 69 12/19/2002 81361 12/16/2002 81362 12/17/2002 81363 12/19/2002 81364 12/19/2002 81365 12/19/2002 81366 12/19/2002 81367 12/19/2002 81368 12/19/2002 81369 12/19/2002 81370 12/19/2002 81371 12/19/2002 81372 12/19/2002 81373 12/19/2002 Final Check List City of Temecula 000283 INSTATAX (IRS) Description Employees state pr taxes Employees fed pr taxes 000246 PERS (EMPLOYEES' RETIREME ee pers retirement 004697 LOWES HIW INC 000249 PETTY CASH 005277 2 H CONSTRUCTION INC 004973 ABACHERLI, LINDI 005772 AMTEK INC 000101 APPLE ONE, INC. 001561 ARCH WIRELESS 005335 ARTIST TOUCH STUDIO 004855 BABER, GABRIELE 002541 BECKER CONSTRUCTION SRV 005707 BEDCO INC 003984 BENOIT, VINCENT H. 004262 BIO-TOX LABORATORIES Gift Cert Hol. Lite/Fast. Site Contest Petty cash reimbursement #2:seismic retrofit:Mercantile Bldg TCSD instructor eamings Cell Accessories:IS Dept Cell Accessories:IS Dept Cell Accessories:IS Dept Temp Help:Acosta, A. PPE 11/23 Tamp Help:Acosta, A. PPE 11/16 Tamp Help:Acosta, A. PPE 11/30 Temp Help:Kissam, N. PPE 12/7 Temp Help:Hall, N. PPE 11/30 Nov:Paging/Rental Svcs:lS Framing svcs:Sister Cities TCSD instructor earnings Citywide AC Saw Cutting:PW Mntc vehicle repair/maint:PW Maint Santa Claus:Old Town:Nov-Dec Support pmt DUI/Drug/Alcoho[ Screening:Police DUI/Drug/AIcohot Screening:Potice Amount Paid 12,843.08 56,277.29 45,596.10 400.00 1,138.45 81,648.36 316.00 732.70 294.00 280.00 1,146.25 945.60 709.20 585.00 214.50 58.88 359.40 230.40 2,628.00 3,635.00 750.00 -281.25 728.70 160.30 Page: I Check Total 12,843.08 56,277.29 45,596.10 400.00 1,138.45 81,648.36 316.00 1,306.70 3,600.55 58.88 359.40 230.40 2,628.00 3,635.00 468.75 889.00 Page:l apChkLst Final Check List Page: 2 12/19/2002 3:23:07PM City of Temecuia Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 81374 12/19/2002 004'!~.4 BLUE OCEAN SOF'rWARE INC TRACK IT SOFTWARE USER LIC Amount Paid 4,141.00 Check Total 4,141.00 81375 12/19/2002 003126 BOOMGAARDEN, DENNIS TCSD instructor earnings 285.60 81376 12/19/2002 004899 BRIGANDI, PHIL Contribution:High Country Magazine 81377 12/19/2002 004081 BUSINESS FURNITURE GROUP 4 Slack Stack Cheim:lS Mgr Ofc 258.60 258.60 81378 12/19/2002 003214 CAL MAT Citywide AC Repairs:PW Matnt Div 1,428.58 81379 12/19/2002 004604 CALPELRA Membemhip:Yates, G.:HR 81380 12/19/2002 005314 CAROLINA EMBLEM COMPAI~Y Volunteer Patches for Temecula Pol~c 230.00 81381 12/19/2002 002534 CATERERS CAFE 81382 12/19/2002 003735 CINGULAR WIRELESS (EQUIP Breakfast w/Santa:Winter Wonderland Refreshments:Hol. Parade 12/13 cellphonebaffery 1,350.00 215.50 26.94 1,565.50 26.94 81383 12/19/2002 005447 CLEMENTS, BRIAN Reimb:lCBO Certification 81384 12/19/2002 004017 COMERCHERO, JEFF 81385 12/19/2002 004405 COMMUNITY HEALTH CHARI Reimb:Congress of Cities Cf:12/3-8 Reimb:Calif Leag. Conf:10/2-4 Rb:Steering Committee Cf:9/26-29 Reimb:National Energy Cf:l 1/17-19 Community Charity Contributions 17.33 14.00 13.54 11.08 141.50 55.95 141.50 81386 12/19/2002 002147 COMPLIMENTS COMPLAINTS & Entertainment:Old Town:Nov/Dec Santa Suit Rental:Holiday Spec Event Santa Suit Rentals:Wintar Wonderlan 81387 12/19/2002 000442 COMPUTER ALERT SYSTEMS Q~y Alarm Monitoring: TCC Qrtly Alarm Monitoring:Children's Mus~ Qdly Alarm Monitoring:CRC Maint/Repair Alarm Sys:Children's Qrtiy Alarm Monitoring:City Hall Qrtiy Alarm Monitoring:Senior Ctr Qrtly Alarm Monitoring:Museum Qrfly Alarm Monitoring:West Wing Q~ldy Alarm Monitoring:Chapel Qrtly Alarm Monltoring:6th St Prkg Lot 4~4.06 80.81 246.00 246.00 246.00 225.00 210.00 165.00 135.00 135.00 111.00 78.00 1,734.87 1,794.00 Page2 apChkLst Final Check List Page: 3 12/19/2002 3:23:07PM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 81388 12/19/2002 000447 COMTRONIXOFHEMET Amount Paid Radio Install:P.D. Motorcycles 2,498.18 Check Total 2,498.18 81389 12/19/2002 001009 D B XINC Flashing Beacons:Meadows Pkwy 3,800.00 3,800.00 81390 12/19/2002 003272 DAISY WHEEL RIBBON COMPAI Plotter Paper & tnk:GIS Div 461.06 461.06 81391 12/19/2002 81392 12/19/2002 002900 DANIEL MANN JOHNSON 004569 DAVID TAUSSIG & ASSOCIATE Prof Design Svcs:Pala Rd Improv:PH I Prof Design Svcs:Pala Rd Improv:PH I NOV:PROF SVCS:BUTTERFIELD ST 48,872.04 39,758.57 313.35 88,430.61 313.35 81393 12/19/2002 005774 DEANS WHOLESALE FLOWER FLOWERS FOR WINTER WONDERL 175.09 175.09 81394 12/19/2002 004450 DENNIS A HIBBERT PLUMBING Emergency Repair:Fire Station #84 195.00 195.00 81395 12/19/2002 005813 DOUBLETREE HOTEL- MONTE Htl:CAPPOCf:Vollmuth 01/21-22 297.14 297.14 81395 12/19/2002 81397 12/19/2002 81398 12/19/2002 004192 DOWNS COMMERCIAL FUELI 001380 E S I EMPLOYMENT SERVICES 000395 ECONOMIC DEVELOPMENT CO Fuel for city vehicles:TCSD Fuel for city vehicles:Planning/Police Fuel for city vehicles:Public Works Fuel for city vehicles:B & S Fuel for city vehicles:PW Fuel for city vehicles:PW City Vehicle Fuel:B&S/Finance Rosales tamp help PPE11/29 Rosales temp help PPE 11/15 Obmann temp help PPE 11/29 Obmann temp help PPE 11/15 Rosa temp help PPE 11/29 Montecino temp help PPE 11/29 Cammarota tamp help PPE 11/29 Cammarota tamp help PPE 11/15 EDC of SWRC Funding FY02-03 678.17 335.79 284.01 176.59 90.74 51.22 43.20 1,933.90 1,858.18 1,808.00 1,480.30 1,250.81 1,109.60 1,074.21 941.99 20,000.00 1,659.72 11,456.99 20,000.00 81399 12/19/2002 81400 12/19/2002 000161 EDEN SYSTEMS INC 000164 ESGIL CORPORATION Inforum Gold Payroll/HR support Inforum Gold software support Nov:Plan Check Svcs:B & S 969.25 21.74 3,719.64 990.99 3,719.64 81401 12/19/2002 002060 EUROPEAN DELI & CATERING Rfrshmnts:treelighting:dck pnd Prof Mtgs:City Council 972.44 203.22 1,175.66 Page3 apChkl-st Final Check List Page: 4 12/19/2002 3:23:07PM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Venrfor 81402 12/19/2002 81403 12/19/2002 81404 12/19/2002 001056 EXCEL LANDSCAPE 002037 EXPANETS 000478 FAST SIGNS 81405 12/19/2002 81406 12/19/2002 81407 12/19/2002 002832 FENCE BUILDERS 001511 FIELDMAN ROLAPP & ASSOCIA 003747 FINE ARTS NETWORK DBA:TEN (Continued) Description ~ount Paid Nov Ldscp Mntc Svcs Var. Sites Sched A NEC 16 Port Analog Card:IS Bannem:Winter Wonderland 12/7 Banner Santa Claus:Old Town Teen Council Banner:TCSD Lettering City SeaI:TCSD Vehicle #03- Res Imp Prgm:CANO, Bernardino & F Prof Svcs:Butterfield Stage Rd CFD Prof Svcs:Crown Hill CFD 03-1 Entertainment:Dickens ho1.:12/8 94,013.00 1,205.01 402.75 177.83 118.56 78.23 3,000.00 1,780.00 1,393.90 100.00 Check Total 94,013.00 1,205.01 777.37 3,000.00 3,173.90 100.00 81408 12/19/2002 81409 12/19/2002 81410 12/19/2002 81411 12/19/2002 81412 12/19/2002 81413 12/19/2002 81414 12/19/2002 81415 12/19/2002 81416 12/19/2002 003347 FIRST BANKCARD CENTER 001135 FIRST CARE INDUSTRIAL MED ( 005808 FRED LAMB DESIGN 003946 G T ENTERTAINMENT 005768 GLOBAL ELECTRIC MOTOR CA 004404 GODBE RESEARCH & ANALYS 000711 GRAPHICS UNLIMITED LITHOG 003640 GRAYNER ENGINEERING 001609 GREATER ALARM COMPANY I xx-5288:Jones:Pmf Mtgs/Elect./Earth xx-0902:O'Grady:Library Grant Lobby xx-3083:Naggar:Con f/Prof Mtgs xx-6702:Meyer:Prof Mtgs:Educ. Fac. CR:xx-4117:Hughes:RS CalTrans Pub xx-2576:Nelson:Libmry Lobby EE Physical/Drug Screening:RJ/SL/N EE Physical/Drug Screening:Knoll, R. EE Physical/Drug Screening:Knoll, R. Production:High Country Magazine Parade Announcer Santa Impersonat Entertainment:Breakfast w/Santa 12/7 6 Battery Replace.:GEM Vehicle:Poli Open Space Survey:Tem. Voters 2003 Recycling Calendars:TCSD Consult Svcs:Childmn's Museum Consult Svcs:Children's Museum Replace stand:P.D. Storefront Stn 1,171.98 1,142.50 519.90 120.76 56.36 52.22 255.00 169.10 162.45 800.00 300.00 250.00 703.85 16,625.00 11,390.25 833.75 776.25 85.00 3,063.72 586.55 800.00 550.00 703.85 16,625.00 11,390.25 1,610.00 85.00 Page~ apChkLst Final Check List Page: 5 12/19/2002 3:23:07PM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81417 12/19/2002 000378 HAFELI, THOMAS 81418 12/19/2002 000186 HANKS HARDWARE INC 81419 12/19/2002 005748 HODSON, CHERYL A. 81420 12/19/2002 004217 HYDRO TEK COMPANY (Continued) Description Amount Paid Reimb:Comdex 2002:11/19-21 Misc Tools/Equipment:Fire Stn Payroll Deduction Misc Parts & Repairs:PW Maint Div 576.48 62.69 22.04 489.41 81421 12/19/2002 000194 ICMARETIREMENTTRUST45 Retirement Contributions 81422 12/19/2002 004833 IMPERIAL PAVING COMPANY I Street Repairs Var City Sites 81423 12/19/2002 001517 INTEGRATED INSIGHTS DBA: H ee assistanceprgm FY02-03 ee assistance prgm FY 02-03 81424 12/19/2002 003266 IRON MOUNTAIN OFFSITE City Backup Off-site Storage TCSD instructor earnings 002140 JAGUAR COMPUTER SYSTEMS Network Client Services:IS Dept Network Client Services:IS Dept 81425 12/19/2002 001186 IRWIN, JOHN 81426 12/19/2002 81427 12/19/2002 81428 12/19/2002 81429 12/19/2002 81430 12/19/2002 004912 JOHN LISEE PUMPS INC 002575 JONES, SUSAN W. 003046 K F R O G 95.1 FM RADIO 81431 12/19/2002 81432 12/19/2002 81433 12/19/2002 81434 12/19/2002 Remove/Repair CRC Pool Pump Rb:New Law/Election Sem:12/11-13 Advertising:Dickens holiday 001667 KELLY TEMPORARY SERVICES Temp Help:Candido, A. PPE 12/01 001282 KNORR SYSTEMS INC 004062 KUSTOM SIGNALS INC 000210 LEAGUE OF CALIF CITIES SAC 004412 LEANDER, KERRY D. Annual Maintenance:CRC Pool Annual Maintenance:CRC Pool Dual KA Antenna:Tern Police- 2003 Membership dues:City Mgr TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 5,383.65 2,955.00 606.48 582.54 270.00 252.00 871.25 335.24 3,569.30 20.70 320.00 472.50 1,378.43 648.57 5,049.00 15,902.00 452.00 240.00 208.00 Check Total 576.48 62.69 22.04 489.41 5,383.65 2,955.00 1,189.02 270.00 252.00 1,206.49 3,569.30 20.70 320.00 472.50 2,027.00 5,049.00 15,902.00 900.00 Page5 apChkLst Page: 6 12/19/2002 3:23:07PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81435 12/19/2002 003726 LIFE ASSIST INC 81436 12/19/2002 81437 12/19/2002 81438 12/19/2002 81439 12/19/2002 81440 12/19/2002 81441 12/19/2002 81442 12/19/2002 81443 12/19/2002 81444 12/19/2002 81445 12/19/2002 81446 12/19/2002 81447 12/19/2002 81448 12/19/2002 81449 12/19/2002 81450 12/19/2002 81451 12/19/2002 005814 LOZANO, KlM 003782 MAIN STREET SIGNS 004141 MAINTEX INC Final Check List City of Temecula (Continued) Description Misc Paramedic Supplies:Fire Misc Paramedic Supplies:Fire Misc Paramedic Supplies:Fire Refund:Art-Creative Drawing 0220.206 Citywide street signs West Wing Custodial Supplies City Hall Custodial Supplies 001967 MANPOWER TEMPORARY SER temp help w/e 12/1 Dankworth 005816 MARAIA, LAURA J. 002693 MATROS, ANDREA 005817 MC CUSKER, JOHN REFUND:FIELD RENTAL TCSD INSTRUCTOR EARNINGS Refund:43744 Calle De Velardo 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 001892 MOBILE MODULAR 000883 MONTELEONE EXCAVATING 002257 MOST DEPENDABLE FOUNTAI Dec modular bldg rental:Fire Stn 92 Erosion ContmhLa Paz/79S var parks drinking fountain parts 002727 MUNICIPALMGMTASSOCIATIO annualmbrshpdues:A.Adams 003039 MURRIETA VALLEY HIGH SCH Dickens hol. camling:12/7, 14 002925 NAPA AUTO PARTS pa~ts/supplies:Fim Prev vehicles 003964 OFFICE DEPOT BUSINESS SVS Office supplies for Planning 002105 OLD TOWN TIRE & SERVICE City vehicle maint/repair svcs City vehicle maint~repair svcs City vehicle maint/repair svcs City vehicle maint/repair svcs Amount Paid 509.44 53.63 28.96 27.00 304.39 90.77 90.77 340.56 10.00 249.60 995.00 470.40 379.20 777.95 3,900.00 476.48 50.00 300.00 152.40 358.89 116.33 82.32 73.48 65.00 Check Total 592.03 27.00 304.39 181.54 340.56 10.00 249.60 995.00 849.60 777.95 3,900.00 476.48 50.00 300.00 152.40 358.89 337.13 Page~ apChkl..st Final Check List Page: 7 12/19/2002 3:23:07PM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81452 12/19/2002 81453 12./19/2002 81454 12/19/2002 81455 12/19/2002 81456 12/19/2002 81457 12/19/2002 81458 12/19/2002 81459 12/19/2002 81460 12/19/2002 81461 12/19/2002 81462 12/19/2002 81463 12/19/2002 81464 12/19/2002 81465 12/19/2002 81466 12/19/2002 81467 12/19/2002 81468 12/19/2002 005819 ORANGE CO DA FAMILY SUPP 005656 PAPA 000359 PARKER, HERMAN (Continued) Description Amount Paid 000253 POSTMASTER 000254 PRESS ENTERPRISE COMPAN support pmt Papa sem:D.Thurman:01/29 Reimb:NRPA Cf:10/15-19/02 001958 PERS LONG TERM CARE PROG ee long-term premium Express mail & postal svcs Nov Dickens holiday ads Nov var public ntcs:Planning 004627 PUBLIC SAFETY TECHNOLOGIE Rad[orentals:WinterWonderland 281.25 55.00 38.96 227.08 89.35 1,893.50 467.12 215.46 004529 QUAID HARLEY-DAVIDSON 004453 R C ENTERPRISES 004457 R J NOBLE COMPANY 002072 RANCHO CALIF WATER DIST 000262 RANCHO CALIF WATER DIST P.D. motorcycle repair/maint svcs Self inking stamp:Finance Rubber signature stamp:Finance Prgs pmt #4:Pavement rehab:PW020 Reimb:aerial imagery/elevation data Various water meters 1,491.11 25.86 15.09 42,693.38 157,300.00 3,903.76 002654 RANCHO FORD LINCOLN MERC 2003 FORD RANGER TRUCK~ 2003 FORD RANGER TRUCK~ 2003 FORD RANGER TRUCK~ 2003 FORD RANGER TRUCK~ 000947 RANCHO REPROGRAPHICS dupl blueprints:Pechanga Pkwy dupi bluepdnts:Pechanga Pkwy 4" scale for CIP Div. dupl blueprints:R.C. Rd Widening 005815 RB BACKHOE & DUMPTRUCK S Refund:40520 La Colima Rd 22,115.69 22,115.69 18,507.11 18,507.11 713.47 667.67 11.58 9.89 500.00 003591 RENES COMMERCIAL MANAGE Weed spraying on City properties 002110 RENTAL SERVICE CORPORATI equiprental:PWMaintDiv 5,310.00 210.35 Check Total 281.25 55.00 38.96 227.08 89.35 2,360.62 215.46 1,491.11 40.95 42,693.38 157,300.00 3,903.76 81,245.60 1,402.61 500.00 5,310.00 210.35 Page~ apChkLst Page: 8 12/19/2002 3:23:07PM Bank: union UNION BANK OF CALIFORNIA Check# Date 81469 12/19/2002 81470 12/19/2002 81471 12/19/2002 81472 12/19/2002 81473 12/19/2002 81474 12/19/2002 81475 12/19/2002 81476 12/19/2002 001097 ROADLINE PRODUCTS1NC 81477 12/19/2002 005227 SAN DIEGO COUNTY OF 81478 12/19/2002 000645 SMART & FINAL INC Final Check List City of Temecula (Continued) Vendor Description 002412 RICHARDS WATSON & GERSH£ Oct 2002 legal services Oct 2002 legal services Credit:no back-up documentation 000266 RIGHTWAY equip rental:Paseo Park 000267 RIVERSlDECOFIREDEPARTME Jul-Sept02:fireservices 000268 RIVERSIDE CO HABITAT May 2002 K-Rat payment 001592 RIVERSIDE CO INFO TECHNOL( Oct P.D. radio repair/maint svcs staff trn:Excel 2:B. Obmann staff trn:Word 4:B. Obmann 000955 RIVERSIDE CO SHERIFF SW ST Race for Cure patrol svcs:10/20 Tractor Race patrol svcs:10/5-6 000406 RIVERSIDE CO SHERIFFS DEP 9/19-10/16/02:lawenfomement 81479 12/19/2002 002536 SMITH, ZENAIDA B. 81480 12/19/2002 000374 SO CALIF EDISON 81481 12/19/2002 000537 SO CAL~F EDISON 81482 12/19/2002 001212 SO CALIF GAS COMPANY 81483 12/19/2002 000282 SO CALIF MUNICIPAL ATHLETI parts/supplies:PW patch trk support pmt Supplies for Electric Light Parade Rec. Supplies for High Hopes Rec, Supplies for High Hopes Reimb:CMBTA Cf:10/15-17/02 Install st. Fight glare shield:Fox Rd 11/1-12/1 2-01-202-7330 st. lamps Nov 2-00-397-5059 various mtrs Dec City facilities gas meters Dec 095-167-7907-2 Stn 84 mbrshp dues:C. McCarthy:#1788 mbrshp dues:J. Pellet[er:#636 mbrshp dues;J. Willcox:#1792 Amount Paid 137,863.38 54.87 -75.68 60.78 613,742.13 13,380.00 954,88 130.00 130.00 6,200.96 5,594.48 652,631.57 263.32 107.00 233.23 145.31 110.27 20.12 219.14 36,302.96 8,723.86 3,163.09 163.85 50.00 50.00 50.00 Check Total 137,842.57 60.78 613,742.13 13,380.00 1,214.88 11,795.44 652,631.57 263.32 107.00 488.81 20.12 219.14 45,026.82 3,326.94 150.00 Pages apChkLst Final Check List Page: 9 12/19/2002 3:23:87PM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 81484 12/19/2002 000519 SOUTH COUNTY PEST CONTR(~ CRC pest control svcs Pest Control Svcs: Museum Pest contml svcs:Fire Stn 92 Pest Control Svcs: Chapel pest control svcs:caboose 81485 12/19/2002 004496 SPARKS EXHIBITS& ENVIRONk SEP PRGS PMT:CHILDREN'S MUSEI OCT PRGS PMT:CHILDREN'S MUSE 81486 12J19/2002 004163 SPORTS CHALET P.D. bicycle repair/maint svcs 81487 12/19/2002 000574 SUPERTONER 81488 12/19/2002 000305 TARGET STORE 81489 12/19/2002 004397 TEMECULAAUTO BODY & PAl HP Printer Supplies HP Printer Supplies HP Printer Supplies Rec. Supplies for Sr Ctr supplies for Winter Wonderland City vehicle repair:Code Enf. 81490 12/19/2002 001672 TEMECULA DRAIN SERV & PLU Sr Ctr plumbing svcs Sr Ctr plumbing svcs 81491 12/19/2002 000307 TEMECULA TROPHY COMPAN Awards for Sports Leagues 81492 12/19/2002 004274 TEMECULA VALLEY SECURITY, var parks lecksmith svcs 81493 12/19/2002 003598 TEMECULA VINTAGE SINGERS entertainment:Dickens hoL:12/21 81494 12/19/2002 003849 TERRYBERRY COMPANY 81495 12/19/2002 005812 THOREAU INSTITUTE, THE 81496 12/19/2002 005567 TOTLGEARLLC 81497 12/19/2002 000978 TRAUMA INTERVENTION PRG ee service awards EMPLOYEE SERVICE AWARDS (P "Vanishing Automobile" CD Awards for Sports leagues 2nd qtr emerg.response vol.prgm 81498 12/19/2002 003228 U S BANK TRUST NATIONALAS Trustee Admin Fees:2001 COP 81499 12/19/2002 001065 U S C M WEST (DEF COMP) 81500 12/19/2002 000389 U S C M WEST (OBRA) ee deferred comp plan P/T ee retirement Amount Paid 84.00 42.00 42.00 32.00 29.00 73,027.00 30,715.00 19.37 2,326.86 222.56 48.49 73.81 30.76 578.16 65.00 65.00 96.98 44.57 200.00 2,667.97 167.44 15.95 249.98 1,920.00 4,150.00 17,305.49 2,304.78 Check Total 229.00 103,742.00 19.37 2,597.91 104.57 578.16 130.00 96.98 44.57 200.00 2,835.41 15.95 249.98 1,920.00 4,150.00 17,305.49 2,304.78 Page~ apChkLst 12/19/2002 3:23:07PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81501 12/19/2002 002065 UNISOURCE 81502 12/19/2002 81503 12/19/2002 81504 12/19/2002 81505 12/19/2002 81506 12/19/2002 81507 12/19/2002 81508 12/19/2002 81509 12/19/2002 81510 12/19/2002 81511 12/19/2002 81512 12/19/2002 Final Check List City of Temecula (Continued) Description paper supplies for central svcs color paper for central services 003043 UNITED CHURCH OF THE VALL performances:DickenshoL:12/8, 15 004846 UNITED GREEN MARK INC 000325 UNITED WAY 004794 VALLEY WINDS COMMUNITY B entertainment:Dickenshol.:12/7 004261 VERIZON CALIFORNIA slope irrigation supplies Employee contributions 004200 VERIZON WIRELESS LLC 003730 WESTCOASTARBORISTS INC 005706 WESTERN PACIFIC SIGNAL LL 000621 WESTERN RIVERSIDE COUNC 003756 WHITE HOUSE SANITATION 005818 ZARATE, SALVADOR Amount Paid DEC XXX~5072 GENERAL USAGE DEC XXX-0073 GENERAL USAGE NOV XXX-5029 GENERAL USAGE DEC XXX-1941 GENERAL USAGE 12/15-3/14/03 pager rental:Stone Citywide Tree Trimming Svcs Sales tax for inv# 3764 FY 02/03 Litter removal campaign RESTROOM MAINTENANCE AT SR ( Cleaning svcs:Btrfld Stage R.R. Refund:Sec deposit 461.74 370.14 400.00 130.10 250.80 150.00 6,281.30 1,666.57 687.11 56.79 39.27 4,743.20 43.09 5,000.00 295.00 50.00 100.00 Sub total for UNION BANK OF CALIFORNIA: Page: 10 Check Total 831.88 400.00 130.10 250.80 150.00 8,691.77 39.27 4,743.20 43.09 5,000.00 345.00 100,00 2,482,165.71 Page:10 apChkLst Final Check List Page: 11 12/1912002 3:23:07PM City of Temecula 155 checks In this report. Grand Total All Checks: 2,482,165.71 Page:l 1 apChkLst Final Check List Page: 1 01103/2003 3:03:47Piti City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 70 01/02/2003 000642 TEMECULACITY FLEXIBLE 71 01/02/2003 Description Amount Paid Employee contribution to flex 7,598.62 46,346.35 48,501.49 12,750.85 55,706.00 268,217.69 3,582.36 1,483.50 201.99 2,082.50 3,292.85 1,716.60 100.00 641.90 320.90 1,959.50 229.95 88.36 8,645.22 000246 PERS (EMPLOYEES' RETIREME ee Pets Retirement 72 01/02/2003 000245 PERS (HEALTH INSUR. PREMIU Jan ee health insurance 73 01/02/2003 000444 INSTATAX (EDD) 74 01/02/2003 000283 INSTATAX (IRS) 81513 12/30/2002 000128 CALSURANCEASSOClATES I 81514 01/02/2003 002185 POSTMASTER-TEMECULA 81515 01/03/2003 003552 A F LAC 81516 01/03/2003 000745 A T & T WIRELESS SERVICES 81517 01/03/2003 003304 ADAMS ADVERTISING INC Employees state pr taxes Employees fed pr taxes Excess Liab/Muni Liab/Auto Phys mai]ing:Wtr/Spr TCSD Brochures Supplemental Std & Cancer Insurance Dec:lP Address:iS Billboard Rental:Old Town Temecula 81519 01/03/2003 005735 AEROSURF INC 81520 01/03/2003 005147 ALPHA OMEGA 81521 01/03/2003 002877 ALTA LOMA CHARTER LINES 81618 01/03/2003 003802 ADOLF KIEFER & ASSOCIATES Kiefer TOT Dock: Aquatics Pgrm Wireless Svcs:RR/SP/JS/:IS Ref:Cleaning Deposit:MS02-3309 Electric Light Bus Tour:12/15 Electric Light Bus Tour:12/11 81522 01/03/2003 002527 AMERICAN FLAG AND BANNER 3'x5' Flags:Old Town 81523 01/03/2003 004787 AMERIMARK DIRECT 81524 01/03/2003 005772 AMTEK INC 81525 01/03/2003 Pencils:Calendar participant recogn Cell Accessories:IS Dept 002187 ANIMAL FRIENDS OF THE VALL Nov:Animal Control Svcs. Check Total 7,598.62 46,346.35 48,501.49 12,750.85 55,706.00 268,217.69 3,582.36 1,483.50 201.99 2,082.50 3,292.85 1,716.60 100.00 962.80 1,959.50 229.95 88.36 8,645.22 Page:l apChkLst Final Check List Page: 2 01/03/2003 3:03:47PM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81526 01/03/2003 000101 APPLE ONE, INC. 81527 01/03/2003 005590 ARMSTRONG & BROOKS 81528 01/03/2003 001323 ARROWHEAD WATER INC (Continued) Description Temp Help:Acosta, A. PPE 12/14 Temp Help:Kissam PPE 12/14 Temp help:Kau, L. PPE 11/23 Temp help:Kau, L PPE 11/16 Temp Help:Atkinson, D. PPE 10/26 Temp Help:Acosta, A. PPE 12/07 Temp help:Kau, L PPE 11/30 Temp Help:Cole, P. PPE 12/14 Temp help:Kau, L. PPE 11/09 Eng Svcs:Vail Ranch Park Site C Drinking Water:T.V. Museum Drinking Water:City Hall Drinking Water:Maint Facility Drinking Water:CRC 81529 01/03/2003 002648 AUTOCLUB OFSOUTHERN CA renewACSC Mbrshp:Hudson, M. 81530 01/03/2003 004206 BANUELOS, TERESA Nov:TOSD instructor earnings 81531 01/03/2003 002541 BECKER CONSTRUCTION SRV Emerg. Repair:Rnbw Cyn @ City Lira 81532 01/03/2003 005628 BIG CITY SIGNS 81533 01/03/2003 003817 BLUE RIDGE MEDICAL 81534 01/03/2003 005416 BOUNDTREE MEDICAL LLC 81535 01/03/2003 005828 BOYSCOUTSOFAMER]CA, TR 81536 01/03/2003 005827 BRATTON, CAROL S. Fac Imp Prgm: Fuzzy Elephant:Gotes Misc Paramedic Supplies:Fire Triage Tarps:Medic Pgrm:OTS Grant Ref:Sec Dep:CRC Rm Rental Refund Sec Dep:CRC Rm Rental 81537 01/03/2003 004176 BROADWING TELECOMMUNICA Long Distance &Intemet Svcs:lS 81538 01/03/2003 002099 BUTTERFIELD ENTERPRISES Declease:restroom:OId Town 81539 01/03/2003 004248 CALIF DEPTOFJUSTICE/ACCT Fingerprint Info:New EE Recruitments 81540 01/03/2003 005830 CALIF STATE DEPT OF SOCIAL Ref:Sec Dep:CRC Rm Rental Amount Paid 1,153,40 780.00 520.00 416.00 338.00 1,182.00 312.00 273.00 247.00 2,687.64 35.98 284.05 100.81 57.79 44.00 170.00 2,765.00 1,226.02 454.05 146.54 100.00 100.00 1,195.00 826.00 126.00 100.00 Check Total 5,221.40 2,687.64 478.63 44.00 170.00 2,765.00 1,226.02 454.05 146.54 100.00 100.00 1,195.00 826.00 126.00 100.00 Page2 apChkLst Final Check List Page: 3 01/03/2003 3:03:47PM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 81541 01/03/2003 004228 CAMERON WELDING SUPPLY Amount Paid Helium tanks refill:TCSD 25.70 1,193.50 6,727.20 637.40 25.26 165.00 100.00 150.00 4,410.93 325.00 354.50 615.50 198.50 109.18 9,884.60 5,192.40 75.00 40.00 129.30 81542 01/03/2003 003554 CANADA LIFE ASSURANCE CO Life insurance pmmium 81543 01/03/2003 004971 CANON FINANCIAL SERVICES, I Jan:Canon Copier Svc:Fire Stn 83 81544 01/03/2003 000131 CARLWARREN & COMPANY I 81545 01/03/2003 002534 CATERERS CAFE 81546 01/03/2003 004381 CENTER FOR HEALTHCARE 81547 01/03/2003 005829 CHABADOFTEMECULAVALL 81548 01/03/2003 003047 CHAPARRAL HIGH SCHOOL Nov:Claim Adjuster Svcs:Finance Refshmnts:lnterview Panel:Fire ACLS Instructor Cert:Bmndt, M. Ref:Sec Dep:CRC Rm Rental Entertainment Dickens Holiday 12/7 81549 01/03/2003 003021 CINGULARWIRELESS(CELLPi- 11/09-12/08 Cellular Phone Svcs 81550 01/03/2003 005836 CODY, JOSEPH 81551 01/03/2003 004626 COMFORT ZONE FURNITURE 81552 01/03/2003 003151 COMMERCIAL TRANSPORTATI 81553 01/03/2003 004405 COMMUNITY HEALTH CHARI Refund:Admin Citation #21446 Recliner:Fira Station #92 12/10 CDL Wkshp Sem:JS/ML/AP,/RT: EE Charities Contributions 81554 01/03/2003 004414 COMMUNITY WORKS DESIGN C- Oct:ProfLandscapeDesign:DiazRd 81555 01/03/2003 003739 COTTON BRIDGES ASSOCIATE 10/08-10/25 Prof Svcs:Tem Gen Plan 10/26-11/22 Prof Svcs:Tem Gert Plan 81556 01/03/2003 002631 COUNTS UNLIMITED INC 81557 01/03/2003 005834 CURTIS, BEVERLY 81558 01/03/2003 003561 DFMASSOCIATES Pmf Svcs:Cit~vide Traffic Count Data Ref:Museum Ex-Getty Museum 2003 CA Elections Code Bk:CClk Check Total 25.70 1,193.50 6,727.20 637.40 25.26 165.00 100.00 150.00 4,410.93 325.00 354.50 615.50 198.50 109.18 14,877.00 75.00 40.00 129.30 Page3 apChkLst Final Check List Page: 4 01/03/2003 3:03:47PM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 81559 01/03/2003 003272 DAISYWHEEL RIBBON COMPAr Plotter Paper & Ink:GIS Amount Paid 105.93 Check Total 105.93 81560 01/03/2003 001233 DANS FEED & SEED INC PropaneGas:PublicWorksMaintDiv 22.55 22.55 81561 01/03/2003 004382 DEKRA LITE INC Colored Lite Bulbs/Strands:HoL Tree 304.88 304.88 81562 01/03/2003 004450 DENNISA HIBBERT PLUMBING PLUMBING SRVCS:WEDDING CHAP 550.00 550.00 81563 01/03/2003 81564 01/03/2003 004294 DIVERSIFIED LANDSCAPE CO. 004192 DOWNS COMMERCIAL FUELI Dec svcs:Pala Habitat Restoration Landscape Mulch:l-15/Ranch CA Rd/7 Fuel for City Vehicles 3,600.00 960.00 599.49 4,560.00 599.49 81565 01/03/2003 001669 DUNN EDWARDS CORPORATI Paint/Misc Supplies Graffiti Removal:P 57.00 57.00 81565 01/03/2003 81567 01/03/2003 001380 E S I EMPLOYMENT SERVICES 002390 EASTERN MUNICIPAL WATER E Montecino temp help PPE12/13 Bragg temp help PPE 12/13:CIP Div Cammarota temp help PPE 12/13:HR Martinez temp help PPE 12/13 TEMP HELP - OFC ASST & BLDG IN Rosa tamp help PPE 12/13 Rosales temp help PPE 12/13 Obmann temp help PPE 12/13 Kanigowski temp help PPE 12/13 McClanahan/Ching tamp help PPE 11 TEMP HELP - OFC ASST & BLDG iN Hansen temp help PPE 11/29 Hansen tamp help PPE 12/13 McClanahan/Ching temp help PPE 12 McCoy temp help PPE 12/13 Naaseh temp help PPE 11/29 McCoy temp help PPE 11/29 95366-02 Diego Dr Ldsc. 1,109.60 935.55 642.26 1,235.20 1,178.75 1,134.02 1,864.00 1,808.00 1,259.36 2,421.05 2,359.11 2,219.28 2,691.54 2,594.63 2,575.64 6,392.00 2,889.12 55.96 35,319.12 55.96 81568 01/03/2003 81569 01/03/2003 005052 EMCOR SERVICE 003665 EMERITUS COMMUNICATIONS HVAC Repair:City Hall HVAC Repair:City Hall Nov:Long Distance Phone Svcs 211.25 65.00 540.29 276.25 540.29 81570 01/03/2003 003171 EMPIRE ECONOMICS LLC Consulting Svcs:Wolf Creek CFD 9,500.00 9,500.00 Page~ apChkLst Final Check List Page: 5 01/03/2003 3:03:47PM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 81571 01/03/2003 005115 ENTERPRISERENTACARINC Van Rental:Holiday Lights Tour 81572 01/03/2003 005251 EQUIPMENT REPAIR SERVICE 81573 01/03/2003 001056 EXCEL LANDSCAPE 81574 01/03/2003 005586 FACTS Mobile Equip/Truck Repairs:PW Maint Mobile Equip/Truck Repairs:PW Maint Irrigation Repairs:Winchester Creek Irrigation Repairs:Overland Irrigation Repairs:La Serena Irrigation Repairs:Vail Ranch Pkwy Irrigation Repairs:Var. Slope Sites Ref:Sc=c Dep:CRC Rm Rental 81575 01/03/2003 000478 FASTSIGNS 81578 01/03/2003 005280 FEDERAL SIGNAL CORPORATI( Banners Halloween Camiva110/26 Banner & VIP Signs for Parade Vehicle No./City Seal install:#O3-088P Stinger Spike System:Police 81577 01/03/2003 004310 FEDEX GROUND INC 81578 01/03/2003 002832 FENCE BUILDERS Ground Express Pkg Svcs Ground Express Pkg Svcs Ground Express Pkg Svc Res Imp Prgm:Coyle, Scott & Tami 81579 01/03/2003 005747 FIRE SERVICE SPECIFICATION AirbagCovers/RescuersGuide:Fire 81580 01/03/2003 000166 FIRSTAMERICANTITLECOMP,a 81581 01/03/2003 001135 FIRST CARE INDUSTRIAL MED ( Lot Book Reports:Res Imp/FTHB Pgr Lot Book Reports:Res Imp/FTHB Pgr pre-employment physicals 81582 01/03/2003 004239 FISHER MERRIMAN SEHGALY,~ 81583 01/03/2003 003281 FOREMOST FIRE PROMOTION 81584 01/03/2003 000170 FRANKLIN QUEST COMPANY I 81585 01/03/2003 000795 FRED PRYOR SEMINARS/CARE ARCHITECTUAL DESIGN:OLD TOW ARCHITECTUAL DESIGN:OLD TOW Public Educ Materials:Fire:truck Public Educ Materials:Fire;cross Daily Planners: B & S Daily Planner Refill: B & S Franklin Supplies:Planning E.W. Reading Dyn:Obmann:01/23 81586 01/03/2003 004944 FULLCOURTPRESS 500 W-2 Forms & Env:Finance Dept Amount Paid 284.18 526.85 337.00 182.21 152.43 79.34 246.30 186.57 100.00 589.85 292.29 66.59 454.49 190.57 122.13 248.36 4,383.00 2,192.71 1,050.00 450.00 85.00 18,900.00 264.77 293.62 292.24 240.69 53.34 51.68 149.00 357.17 Check Total 284.18 863.85 846.85 100.00 948.73 454.49 561.06 4,383.00 2,192.71 1,500.00 85.00 19,164.77 585.86 345.71 149.00 357.17 Page5 Final Check List Page: 6 City of Temecula apChkLst 01/03/2003 3:03:47PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81587 01/03/2003 005821 GORDON, JOHANNA 81588 01/03/2003 002659 GOVERNING 81589 01/03/2003 81590 01/03/2003 81591 01/03/2003 81592 01/03/2003 (Continued) Description Ref Sec Dep:Gordon:MS02-2954 Annual Subscription:Thornhill:Plan Amount Paid 005311 H20 CERTIFIED POOL WATER ,( CRC - Swimming Pool Maint Svc 100.00 16.00 1,200.00 761.66 100.00 004053 HABITAT WEST INC 005831 HADJIS, MARClNA 000186 HANKS HARDWARE INC 81593 01/03/2003 005826 HAUGHT, MIYUKI 81594 01/03/2003 000116 HEALTHNETDENTALANDVI 81595 01/03/2003 003106 HERITAGE SECURITY SERVIC 81596 01/03/2003 005833 HERMAN, DELOYCE 81597 01/03/2003 002107 HIGHMARK INC 81598 01/03/2003 005748 HODSON, CHERYL A. LONG CYN DETENTION BASIN:MAI Ref:Sec Dep:CRC Rm Rental Misc Supplies:PW Maint Div Misc Hardware Supplies:T.V. Museum Misc Maint Supplies:CRC Misc Tcols/Equip:Fira Stations Misc Tecls/Equip:B & S Misc Maint Supplies:Aquatics Misc Supplies:PW Maint Div Mntc supplies:var TCSD sites Misc Maint Supplies:City Hail Ref:Tennis-lntar/Adv Adult 19.06 12.31 3.61 76.56 33.34 30.81 456.55 206.15 104.83 60.00 Premium for EE vision plan 934.13 Security Guard Svcs:Special Events Security/Patrol Svcs:Dirt Prkg Lot Ref:Cleaning Dep:MS02-2958 98.00 62.50 100.00 Jan '03:City life ins policy hold 560.80 38.57 7,650.72 16,950.00 100.00 612.00 Payroll Deduction 81599 01/03/2003 000194 I C M A RETIREMENT TRUST 45 Retirement contributions 81600 01/03/2003 005683 I S G THERMAL SYSTEMS USA I Truck 73- Kg0 Fire Cam 81601 01/03/2003 004824 INFOPLACEUSA se of the year recogn, cert. 81602 01/03/2003 003670 INLAND OVERHEAD DOOR CON Garage Door Repair:Fire Stn 84 Check Total 100.00 16.00 1,200.00 761.66 100.00 943.22 60.00 934.13 160.50 100.00 560.80 38.57 7,650.72 16,950.00 100.00 612.00 Page~ Final Check List Page: 7 City of Temecula apChkLst 01/03/2003 3:03:47PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81603 01/03/2003 005837 INNISS, JASMINE 81604 01/03/2003 81605 01/03/2003 81606 01/03/2003 81607 01/03/2003 81608 01/03/2003 81609 01/03/2003 81610 01/03/2003 81611 01/03/2003 81612 01/03/2003 81613 01/03/2003 81614 01/03/2003 81615 01/03/2003 81616 01/03/2003 81617 01/03/2003 81618 01/03/2003 81619 01/03/2003 (Continued) Description Ref:Dance-Ballroom 001407 INTER VALLEY POOL SUPPLY I Pool Sanitizing Chemicals:Aquatics 005822 INTERNET CORP LISTING SER¥ Annual Web Search Engine 01/03-12 000388 INTL CONFERENCE BLDG OFFI{ New ICBO Code Books: S & S 2001 Fire & Bldg Codes:Fire Prev Uniform BIdg Code Pt 2 Vol I 002776 INTOUCH AMERICA Nov:Cellular Svcs:City Van Nov:Cellular Svcs:Sr Van 005823 J C PENNEY Cert:EE of the Year Recogn:RP 002140 JAGUAR COMPUTER SYSTEMS Novell Netware Lic./Maint. 003046 K F R O G 95.1 FM RADIO Advertising for Dickens Holiday Advertising for Dickens Holiday Advertising for Dickens Holiday 005835 KAUFMANN, GEORGE Refund:Admin Citation #46344 005824 KB HOME COASTAL INC. Ref:Adv Energy Fee Overpayment 002424 KELLEY DISPLAY INC Banners:Rod Run:Econ Dev 001667 KELLY TEMPORARY SERVlCES TempHelp:R.FrancisPPE12/15 001091 KEYSERMARSTONASSOCIAT Nov:ProfSvcs:WeltyBIdgRehab. Nov:Prof Svcs:Afford. Housing Dev. 001282 KNORR SYSTEMS INC Pool Maint Supplies/Equip:Aquatics Annual Mainten;mce:CRC Pool 005825 LANGE, TODD & LORI Reimb:Res Improv Pgrm:Lange 005832 LAWTON, KATHY Ref:Cleaning Dep:MS02-3290 005846 LEAGUE OF CALIF CITIES, LLC I Annual City Membership Dues Amount Paid 20.00 163.24 23.50 5,087.87 3,067.57 855.50 27.27 27.27 100.00 13,377.70 295.00 295.00 295.00 325.00 276.00 1,553.78 2,173.50 273.75 6,010.01 35.03 1,032.89 800.00 100.00 100.00 Check Total 20.00 163.24 23.50 9,010.94 54.54 100.00 13,377.70 885.00 325.00 276.00 1,553.78 2,173.50 6,283.76 1,067.92 800.00 100.00 100.00 Paget apChkLst Final Check List Page: 8 01/03/2003 3:03:47PM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81620 01/03/2003 005838 LEONHART, DIANNE 81621 01/03/2003 003726 LIFE ASSISTINC 81622 01/03/2003 81623 01/03/2003 81624 01/03/2003 81625 01/03/2003 002664 MAR CO INDUSTRIES INC 005765 MATCH POINT OF SAN DIEGO 005855 MEIER, THOMAS 005841 MEN'S WAREHOUSE 81626 01/03/2003 81627 01/03/2003 81628 01/03/2003 81629 01/03/2003 81630 01/03/2003 81631 01/03/2003 81632 01/03/2003 81633 01/03/2003 81634 01/03/2003 81635 01/03/2003 81636 01/03/2003 (Continued) Description Ref:Cleaning Dep:MS02-3172 Paramedic Supplies:Fire Paramedic Supplies:Fire Paramedic Supplies:Fire factory cat scrubber/batteries Pala prk tennis court wind screens Refund:Sec. Deposit:6/24/02 ee of the year mcogn award Amount Paid 003076 MET LIFE INSURANCE COMPAN City dental insurance 004208 MILANOS Qtry PW mtg:12/11 100.00 353.43 118.19 8.41 1,278.49 2,592.00 100.00 100.00 001384 MINUTEMAN PRESS 005853 MOMS CLUB - SOUTH 004586 MOORE FENCE COMPANY 003974 MOTIF BARBERSHOP QUARTE 6,764.07 363.40 004002 MILNER SIGNS Fac imprv prgm:Jacks Gallery 003163 MINOLTA BUSINESS SYSTEMS copier svc/supplies:Cashier's office freight charges for toner copier svcs/supplies:Sr Ctr Business Cards:P. Ramos Business cards:W. Ott Ref und:Sec. Deposit:12/18/02 Res Imp Prgm: Bevell Entertainment Dickens Hol.:OId Town 002727 MUNICIPALMGMTASSOCIATIO membershipdues:G. Yates 001986 MUZAK INC Jan broadcast music:Old Town 002925 NAPA AUTO PARTS City vehicle parts/supplies 180.00 273.00 10.73 353.00 114.86 42.83 100.00 2,275.00 400.00 50.00 59.50 16.63 Check Total 100.00 480.03 1,278.49 2,592.00 100.00 100.00 6,764.07 363.40 180.00 636.73 157.69 100.00 2,275.00 400.00 50.00 59.50 16.63 Page~ apChkLst Final Check List 01/03/2003 3:03:47PM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 81637 01/03/2003 002100 OBJECT RADIANCE INC 81638 01/03/2003 002105 OLD TOWN TIRE & SERVICE 81639 01/03/2003 002668 OMEGA LAKE SERVICES 81640 01/03/2003 81641 01/03/2003 81642 01/03/2003 81643 01/03/2003 81644 01/03/2003 81645 01/03/2003 81646 01/03/2003 81647 01/03/2003 81646 01/03/2oo3 81649 01/03/2003 Amount Paid TCSD Instructor Earnings TCSD instructor Earnings TCSD Instructor Earnings City vehicle maint/repair svcs City vehicle maint/repair svcs City vehicle maint/repair svcs City vehicle maintJrepair svcs City vehicle maint/repair svcs TEMECULA DUCK POND WATER Q 001171 ORIENTALTRADINGCOMPANY Recreation Supplies for TCC 005152 PACIFIC PRODUCTS & SERVICE Sign Post Anchors:PW mtnc 004852 PACIFIC PROFILES GROUP 005850 PAISNER, WILLIAM 004538 PAULEY EQUIPMENT COMPAN 004805 PEACOCK ENTERPRISES INC Nov mgmt training mtgs Refund:Sec. Deposit: 12./08/02 Kawasaki mule rental:Hol. Parade Viewsonic 18 Inch LCD 001958 PERS LONG TERM CARE PROG ee long term benefits 000249 PE3-rY CASH 000252 POLYCRAFT INC 005820 PRE-PAID LEGAL SERVICES I Petty cash reimbursement Qty 6 - 14" City Seal Decals~ ee pre-paid legal svcs 81652 01/03/2003 004529 QUAID HARLEY-DAVIDSON 81653 01/03/2003 000635 R & J PARTY PALACE 81650 01/03/2003 005075 PRUDENTIAL OVERALL SUPPL Uniforms:TCSD Maint Crews Credit:Incorrect bill rate:C.H. 81651 01/03/2003 004627 PUBLIC SAFETY TECHNOLOGIE Radiorentals:Hol. parade:12/13 P.D. motorcycle repair/mntc svcs equip:tree lighting ceremony:12/5 20 X 30 TENT FOR SANTA'S ELECTF 614.40 614.40 313.60 51.00 51.00 319.10 178,12 132.45 800.00 115.80 1,415.00 1,400.00 100.00 49.50 694.99 227.08 918.61 301.70 127.60 776.40 -14.00 377.09 32.77 1,203.10 464.50 Page: 9 Check Total 1,542.40 731.67 800.00 115.80 1,415.00 1,400.00 100.00 49.50 694.99 227.08 918.61 301.70 127.60 762.40 377.09 32.77 1,667.50 Page9 apChkLst Final Check List Page: 10 01103/2003 3:03:47PM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 81654 01/03/2003 005563 R E FLEMING CONSTRUCTION I Childran's Mus. Bldg Shell Imprv Amount Paid Check Total 81,407.74 81,407.74 81655 01/03/2003 81656 01/03/2003 000981 R H FINC 002612 RADIO SHACK INC mpair/maint P.D. radar equipment repair/maint P.D. radar equipment rapair/maint P.D. radar equipment repair/maint P.D. radar equipment repair/maint P.D. radar equipment repair/maint P.D. radar equipment repair/maint P.D. radar equipment repair/maint P.D. radar equipment repair/maint P.D. radar equipment repair/maint P.D. radar equipment Misc Computer Supplies 163.04 100.00 50.00 50.00 50.00 50.00 81.09 55.26 50.00 259.14 58,98 908.53 58.98 81657 01/03/2003 005852 RAMONAVNA& HOSPICE Refund:Sec.Deposit:11/19/02 100.00 100.00 81658 01/03/2003 000262 RANCHO CALIF WATER DIST Various water meters Dec 01-99-02003-0 Fioating mtr Dec 02-79-10100-1 NW Sports Pk 81659 01/03/2003 005849 READY SET GROW PRESCHOO Refund:Sec. Deposit:11/27/02 5,084.00 377.38 71.93 100.00 5,533.31 100.00 81660 01/03/2003 003591 RENES COMMERCIAL MANAGE Citywide Channel weed spraying 3,450.00 3,450.00 81661 01/03/2003 002110 RENTAL SERVICE CORPORATI Equip rental for PW Mntc Credit:sales tax chrgd:labor/frt 81662 01/03/2003 005854 REYES, IMELDAC. Refund:Sec. Deposit:12/14/02 396.16 -8.53 100.00 387.63 100.00 81663 01/03/2003 005844 REYNOLDS, REA Refund:Art-Creative Drawing 27.00 27.00 81664 01/03/2003 81665 01/03/2003 000266 RIGHTWAY 000353 RIVERSIDE CO AUDITOR equip rental:holiday parade: 12/13 equip rental:Lng Cyn Crk Prk Oct parking citation assessment 524.40 54.39 2,645.00 578.79 2,645.00 81666 01/03/2003 003698 RIVERSIDE CO ECONOMIC FY 02/03 marketing agreement 37,500.00 37,500.00 81667 01/03/2003 000271 ROBERT BEIN WM FROST & A Oct feasibility study:l-15/SR79S 1,250.00 1,250.00 81668 01/03/2003 005842 RODECKER, ERIC ee computer prgm 1,933.96 1,933.96 Page:lo apChkLst Final Check List Page: 11 01/03/2003 3:03:47PM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81669 01/03/2003 001942 SCSIGNS (Continued) Description Sept posting public ntcs:PIn dpt Oct posting public ntcs:PIn dpt Amount Paid 81670 01/03/2003 005227 SAN DIEGO COUNTY OF support prat 715.00 715.00 107.00 81671 01/03/2003 001919 SENIOR CITIZENS SERVICE CE FY 02/03 Corem Svc Fund Awrd 5,000.00 81672 01/03/2003 004609 SHREDFORCE INC Dec document shredding services 110.00 81673 01/03/2003 81674 01/03/2003 81675 01/03/2003 81676 01/03/2003 000537 SO CALIF EDISON 002503 SOUTH COAST AIR QUALITY 000519 SOUTH COUNTY PEST CONTR£ 005851 SOUTHWEST BIBLE COLLEGE Dec 2-24-151-6582 Ovedand Td Dec 2-22-496-3439 Winchester Dec 2-22-057-2226 6th St Dec 2.00-397-5067 various mtrs Doc 2-18-937-3152 Museum Dec 2-11-007-0455 6th St. Dec 2-00-397-5042 City Hall Dec 2-19-999-9442 vadous mtrs Dec 2-14-204-1615 Front St fdic Dec 2-21-911-7892 S.Side pk lot Dec 2-21-981-4720 Hwy 79 Dec 2-19-171-8568 Wed Chapel Dec 2-23-365-5992 Stn 92 Dec 2-22-891-0550 various mtrs Dec 2-18-049-6416 Front St Ped Dec 2-02-351-4946 Sr Ctr Annual emissions fee:Fire Stn 84 renew generator op fees:Stn 84 Pest Control Srvcs: Sr Center Pest Control Srvcs: City Hall Pest Control Srvcs: West Wing Refund:Sec. Deposit:9/09/02 12.96 58.73 54.80 864.38 551.70 338.86 5,828.60 2,304.41 17.30 150.34 69.02 60.07 298.11 247.63 218.04 825.05 75.00 195.89 29.00 56.00 40.00 100.00 81677 01/03/2003 004282 SOUTHWEST TRAFFIC SYSTE PW vehicle light bar/backup alarm 2,515.00 81678 01/03/2003 004420 STATE COMP INSURANCE FUN Dec workers' comp premium 18,927.68 81679 01/03/2003 004570 STEPHEN G WHITE, MAI Wolf Creek CFD appraisal svcs 5,850.00 81680 01/03/2003 005848 SUNRIDGE COMMUNITY CHUR( Refund:Sec. Deposit:9/28/02 116.00 Check Total 1,430.00 107.00 5,000.00 110.00 11,900.00 270.89 125.00 100.00 2,515.00 18,927.68 5,850.00 116.00 Page:11 apChkl, st Final Check List Page: 12 01/03/2003 3:03:47PM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81681 01/03/2003 81682 01/03/2003 81683 01/03/2003 81684 01/03/2003 81685 01/03/2003 005856 SUNSTONE AVIATION LLC 000574 SUPERTONER 005847 SUTI-ER, VICKIE 003599 TY LIN INTERNATIONAL 000305 TARGET STORE 81686 01/03/2003 81687 01/03/2003 81688 01/03/2003 81689 01/03/2003 000305 TARGET STORE 000305 TARGET STORE 001547 TEAMSTERS LOCAL 911 000309 TEMECULACOPIERS 81690 01/03/2003 001035 TEMECULA ENVIRONMENTAL (Continued) Description Amount Paid Refund:Temp Use Permit Jan printer mtnc svcs Refund:Sec. Deposit:l 1/02/02 Nov dsgn svcs:R.C. Widening Winter Wonderland supplies Rec class supplies for High Hopes Winter Wonderland Supplies Rec supplies for teen prgm Office supplies for PW Dept ee of the year recogn award ee of the year recogn award Employee's union Dec mntc/usage costs:copiers Jul-Dec 02 Trash hauling svcs 5.00 828.32 100.00 4,777.45 19.36 216.90 90.71 51.95 353.24 100.00 100.00 3,035.00 3,399.73 1,593,936.72 81691 01/03/2003 003677 TEMECULA MOTORSPORTS LL P.D. motorcycle repair/mntc svcs 81692 01/03/2003 005318 TEMECULA PLAY & LEARN SC Refund:Sec. Deposit:12/12/02 81693 01/03/2003 004541 TEMECULA RADIATOR/AUTO R maint/repair MS84 vehicle 81694 01/03/2003 000307 TEMECULA TROPHY COMPAN add'l plaques for hol. parade plaques for team pace ee recognition awards medals/plaques for Explorer prgm 6 x 8 plaques for hol. lights plaques:holiday parade:12/13 81695 01/03/2003 000957 TEMECULA VALLEY FILM COUN FY 02-03 funding 81696 01/03/2003 004873 TEMECULA VALLEY HISTORI FY 02/03 Comm Svc Fund Awrd 1,641.15 100.00 417.26 44.45 11.85 578.02 403.47 140.63 832.36 27,000.00 2,500.00 Check Total 5.00 828.32 100.00 4,777.45 732.16 100.00 100.00 3,035.00 3,399.73 1,593,936.72 1,641.15 100.00 417.26 2,010.78 27,00000 2,500.00 Page:12 apChkLst Final Check List Page: 13 01/03/2003 3:03:47PM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81697 01/03/2003 004873 TEMECULAVALLEY HISTORI 81698 01/03/2003 003862 THYSSENKRUPP ELEVATOR. 81699 01/03/2003 000319 TOMARK SPORTS INC 81700 01/03/2003 003366 TORAN DEVELOP. & CONSTRU 81701 01/03/2003 005857 TRUAX, GARY L. 81702 01/03/2003 004895 TUMBLES, J.W. 81703 01/03/2003 001065 U S C M WEST (DEF COMP) 81764 01/03/2003 000389 U S C M WEST (OBRA) 81705 01/03/2003 004981 UNISOURCE SCREENING & 81706 01/03/2003 000325 UNITED WAY (Continued) Description Refund:Sec. Deposit:l 1/08/02 Dec City Hall elevator mtnc svcs Credit:amount exceeds contract Repair gym scoreboard @ CRC Repair/Reseal O. T. Boardwalks Credit:billed incorrectly Refund:Sec. Deposit: 12/07/02 TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS ee del comp plan P/T ee retirement recruits background checks ee contributions Amount Paid 100.00 834.00 -24.00 275.00 45,957.00 -400.06 100.00 64.00 172.80 57.60 128.00 64.00 64.00 17,333.23 1,769.18 325.99 320.31 Check Total 100.00 810.00 275.00 45,557.00 100.00 550.40 17,333.23 1,769.18 325.99 320.31 81707 01/03/2003 004819 UNUM LIFE INS. CO. OF AMERI Jan 03 eelong term disability 81708 01/03/2003 000332 VANDORPE CHOU ASSOCIATE Appl Dev. Svcs:B&S Dept 81709 01/03/2003 004261 VERIZON CALIFORNIA DEC XXX-2676 GENERAL USAGE DEC XXX-3923 STONE DEC XXX-3528 FIRE ALARM DEC XXX-3564 ALARM DEC XXX-8573 GENERAL USAGE DEC XXX-0074 GENERAL USAGE DEC XXX-1603 CITY HALL DEC XXX-9897 GENERAL USAGE 81710 01/03/2003 004789 VERIZON INTERNET SOLUTION Dec intemet svcs 5,986.58 585.00 28.67 27.54 83.09 55.40 32.40 255.84 89.48 89.47 69.95 5,986.58 585.00 661.89 69.95 Page:13 apChkLst Final Check List Page: 14 01103/2003 3:03:47PM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 81711 01/03/2003 004848 VERIZON SELECT SERVICES I 81712 01/03/2003 005789 VITAL ASSETS INC Amount Paid Dec long distance phone svcs Consulting svcs:Info Sys. 1,140.61 6,000.00 81713 01/03/2003 81714 01/03/2003 81715 01/03/2003 003730 WEST COAST ARBORISTS INC Citywide tree trimming mntc svcs 004268 WESTERN FIRE COMPANY 005845 WETTELAND, KARLA M. fire sprinkler inspection @ Sr Ctr Refund:Sec. Deposit 81716 01/03/2003 004774 WOODCREST UNIFORMS 81717 01/03/2003 000345 XEROX CORPORATION BILLIN 81718 01/03/2003 000348 ZIGLER, GAlL uniforms:SET team Nov base charge:5830 copier Oct base charge:5830 copier Reimb:hol. raffle gift certs. 10,482.80 85.00 100.00 192.87 80.31 80.31 260.00 Sub total for UNION BANK OF CALIFORNIA: Check Total 1,140.61 6,000.00 10,482.80 85.00 100.00 192.87 160.62 260.00 2,603,482.47 Page:14 apChkLst Final Check List Page: 15 01/03/2003 3:03:47PM City of Temecula 211 checks In this report. Grand Total All Checks: 2,603,482.47 Page:15 ITEM 4 CITY ATTORNEY DIRECTOR OF FINAN~ CITY MANAGER TO: FROM: DATE: SUBJECT: ClTY OFTEMECULA AGENDA REPORT City Manager/City Council ~ Genie Roberts, Director of Finance,~ ~ January 14, 2003 City Treasurer's Report as of November 30, 2002 PREPARED BY: RECOMMENDATION: Report as of November 30, 2002. Karen Jester, Assistant Director of Financg..-~4~;~ Pascale Brown, Senior Accountant ~:~ That the City Council receive and file the City Treasurer's DISCUSSION: Reports to the City Council regarding the City's investment portfolio, receipts, and disbumements are required by Government Code Sections 53646 and 41004 respectively. Attached is the City Treasurer's Report which provides this information. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of November 30, 2002. FISCALIMPACT: None Attach ments: 1. City Treasurer's Report as of November 30, 2002 Cash Activity for the Month of November City of Temecula City Treasurer's Report AS of November 29, 2002 Cash and Investments as of November 1,2002 Cash Receipts Cash Disbursements Cash and Investments as of November 30, 2002 Cash and Investments Portfogo: Type of Investment Peey Cash General Checking Sweep Account (Money Market Account) Flex Benefit Demand Deposits Local Agency Investment Fund Cer[ificate of Deposit (Retention Escrow) Checking Account (Parking Citations) Trust Accounts- CFD 88-12 (Money Market Account) Delinq. Main. Reserve Account - CFD 88-12 (Investment Agreement) Dstinq. Main. Reserve Account - CFD 88-12 (Money Market Account) Reserve Account- CFD 88-12 (Investment Agreement) Reserve Account- CFD 88-12 (Money Market Account) Variable Bond Fund - CFD 01-2 (Money Market Account) Interest Fund - CFD 01-2 (Money Market Account) Interest Diffrntl Fund -CFD 01-2 (Money Market Account) Delivery Cost Account-CFD 01-2 (Money Market Account) Admin Acct -CFD 01-2 (Money Market Account) Project Fund- TPFA Harveston CFD 01-02 (Money Market Account) Trust Accoucts-RDA Refinance Bonds (Money Market Account) Project Account-RDA Refinance Bonds (Money Market Account) project Account-RDA Refinance Ponds (Local Agency Investment Fund) COl Accounts-RDA Refinance Bonds (Money Market Account) Trust Accounts-TCSD COPs (Money Market Account) Project Account-TCSD COPs (Money Market Account) Project Accouet-TCSD COPs (Local Agency Investment Fund) Delivery Cost Account-TCSD COPs (Money Market Account) Institution City Hall Union Bank Union Bank (Highmark U.S, Treasury) Union Bank State Treasurer-LAIF Bank of Sacramento Union Bank U.S, Bank (First Am. Treasury) CDC Funding Corp U.S. Bank (First Am. Treasury) CDC Funding Corp U,S. Bank (First Am. Treasury) U.S Bank U.S. Bank U.S. Bank U.S. Bank U,S. Bank U.S. Bank U.S. Bank US. Bank (First Am. Treasury) State Treasurer-LAIF U.S. Bank (First Am. Treasury) U.S. Bank (First Am. Treasury) U.S. Bank (First Am, Treasury) State Treasurer-LAIF U.S. Bank (First Am Treasury) First Am Treasu~) First Am Treasury) First Am. Treasury) First Am. Treasury) First Am. Treasury) First Am. Treasury) First Am. Treasury) n/a n/a 0.570 % n/a 2.301% n/a n/a 0.850 % 5,430 % 9/1/2017 0.850 % 5,430 % 9/1/2007 0,910 % 0850 % 0.850 % 0850 % 0.850 % 0.850 % 0.850 % 0.870 % 0850 % 2.301% 0.850 % 0850 % 0.850 % 2.301% 0.850 % (1)-This amount is net of outstanding checks (2)-At November 30, 2002 total market value (including accrued interest) for the Local Agency Investment Fund (LAIF) was $5D,973,309,480. The City's propodionate share of that value is $61,086,957. All investments are liquid and currently available. The City of Temecula*s portfolio is in compliance with the investment policy, Adequate funds will be available to meet budgeted and actual e×penditures of the City of Temecula for the nexl six months. $ 85,241,589 3,767,109 (6,490,101) $ 82,518,687 PaflBook Balance $ 1,500 (1,228,876) (1) 1,301,000 9,315 (1) 60,781,829 (2) 2,722 156 500,000 426,857 1,531,469 4 2,726 213,259 130,105 449,504 50,108 25 30,395 218 2,965 2,722,447 6,464 $ 82,518,687 ITEM 5 A P P R.O~iAJ~//~ CITY ATTORNEY FINANCE DIRECTOR_.~ CITY MANAGER /'~' ' TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City Council Herman D. Parker, January 14, 2003 Director of Community Services~, YMCA Ground Lease Agreement RECOMMENDATION: That the City Council approve in its substantial form the Ground Lease Agreement between the City of Temecula and the YMCA of Riverside City and County, Inc. BACKGROUND: In the Spring of this year, the local chapter of the YMCA approached the City with an interest in leasing park ground to construct a 11,000 square foot or larger community recreation center. After a review of several sites, staff determined that the southwest corner of Margarita Community Park would be an appropriate site for such a facility. The 5-year Capital Improvement Program identifies this location as a future site for a community center, however at this time there is no funding for construction. Because the location is adjacent to an elementary school, within a park and surrounded by high-density housing, it was staff's opinion that a community center at this location would serve the City well. As a result, staff and the YMCA began discussions related to the attached Ground Lease Agreement. The attached Agreement would allow the YMCA to lease approximately one-half acre of the Margarita Community Park to develop a YMCA center. The term of the agreement would be for 49 years with an option to renew the agreement for one additional 20 year term. The property would be leased for $1 per year, payable on the first business day of each calendar year. The Agreement contains two milestones that require the YMCA to provide evidence of financing or ability to construct the facility. The YMCA would be required to provide proof that they have at least $600,000 towards the construction of the facility by February 1, 2006. By February 1, 2008, the YMCA must provide the City with proof that they have full funding to begin construction, or be under construction. If either of these milestones are not met, the City has the right to terminate this agreement. The YMCA would be required to maintain all related liability insurance and name the City of Temecula as additional insured. They would also be required to pay all construction costs and on-going maintenance and utility costs once the facility is completed. The YMCA will also reimburse the City 50% of the cost associated with slurry seal and re-striping of the parking lot. The agreement also requires the YMCA to ensure that at least 60% of their registered participants and members are residents of the City of Temecula. This ensures that this facility will provide quality services to the residents of the City of Temecula. R:~IGLERG\REPORT~011403 CC YMCA GROUND LEASE.doc This agreement was reviewed and approved by the Community Services Commission at their December 9, 2002 Commission meeting. FISCAL IMPACT: The project will have no fiscal impact to the City. The YMCA is responsible for all design, construction, ongoing maintenance and utility cost. They will also pay the City 50% of the cost to periodically slurry seal and re-stripe the parking lot. R:~ZlGLERG~REPORT~011403 CC YMCA GROUND LEASE.doc GROUND LEASE THIS GROUND LEASE (the "Lease"), is made and entered into as of January 14, 2003, by and between CITY OF TEMECULA, a municipal corporation ("City"), and YMCA OF RIVERSIDE CITY AND COUNTY, INC., a California non-profit corporation ("Tenant"). In consideration of the mutual covenants, conditions and agreements contained herein to be done, kept and performed, City and Tenant do hereby agree as follows: RECITALS A. City is the owner of certain real property located in the County of Riverside, State of California, known as the Margarita Community Park (the "Park") described on Exhibit A, and Tenant desires to lease the portion of the Park legally described on Exhibit 13. (the "Premises") and construct a YMCA building thereon (the "Building"). The Building, and all other structures and fixtures on the Premises, or constructed on the Premises during the term of this Lease, are collectively referred to herein as the "Improvements". B. The Park has been used by the City for recreational, social and athletic activities available to the public and, in order to meet the recreational and athletic needs of the City, City desires to lease the Premises to a party willing to continue to use the Premises for recreational, social and athletic activities available to the public in order to enhance the availability of such activities to the residents of Temecula. C. Tenant desires to lease the Premises subject to the terms of this Lease and for the purposes of providing recreation activities for members of the public. 1. LEASE OF PREMISES. a. Demise. City does hereby demise and lease the Premises to Tenant, and Tenant does hereby lease the Premises from City upon and subject to the following terms and conditions. b. Parking Rights. The City will permit Tenant to use eighty (80) parking spaces in the surface parking lot in the Park near the entrance to the facility that will be constructed by Tenant on the Premises. c. No Mineral Rights. Notwithstanding the definition or description of the "Premises" herein, this Lease does not demise or lease to any oil, gas or minerals in place undemeath the surface of the Premises or the right to extract and remove the same, which oil, gas, minerals and right are reserved to, and retained by, City. d. .Subdivision. If required under applicable law, Tenant shall obtain, with City's reasonable cooperation (at no cost or expense to City), all requisite approvals to make the Premises a separate legal parcel in compliance with the California Subdivision Map Act and all applicable local and/or municipal subdivision regulations, subject to conditions of approval RSZ1GLERG~XAGREEMN\YMCA Operating Agreement. DOC reasonably acceptable to Tenant, and Tenant and City shall record a parcel map required by applicable law. 2. TERM OF LEASE; EXTENSION OPTION. The term of this Lease shall be for a period of forty-nine (49) years, commencing on January 14, 2003 (the "Commencement Date"), unless sooner terminated pursuant to the terms of this Lease. Tenant shall have the option to extend the initial term of this Lease for twenty (20) years upon the following conditions: (i) Tenant shall deliver to City written notice (the "Extension Notice") of Tenant's election to extend the term of this Lease on or prior to the date that is one hundred and eighty (180) days prior to the expiration of the initial term, and (ii) as of the date of the Extension Notice and as of the expiration of the initial term, no default (or event or condition which with the passage of time or notice, or both, would constitute a default) exists under this Lease. 3. CONDITION OF PREMISES. a. As Is. Tenant acknowledges that it is sophisticated and knowledgeable with regard to evaluating and leasing real property and that prior to the commencement of this Lease, Tenant has had sufficient opportunity to investigate title to the Premises, obtain an ALTA survey and ALTA title insurance, investigate whether the Premises complies with law (including, without limitation, subdivision laws) and whether the uses desired by Tenant are permitted by law, and enter the Promises to perform such tests and investigations as Tenant deems necessary to satisfy itself as to the physical condition of the Premises (including, without limitation, seismic, soils and geotechnical conditions and the existence or absence of Hazardous Materials). Tenant has also reviewed and approved the access to the Premises and the feasibility and cost of constructing utility lines and facilities and obtaining any necessary easements. TENANT ACKNOWLEDGES AND AGREES THAT TENANT IS LEASING THE PREMISES IN THEIR CURRENT, "AS IS" CONDITION, WITH ALL FAULTS AND DEFECTS, WITHOUT ANY REPRESENTATIONS OR WARRANTY OF ANY KiND WHATSOEVER, EXPRESS OR IMPLIED, AND SUBJECT TO ALL MATTERS OF RECORD AND ANY ADDITIONAL MATTERS THAT MAY HAVE BEEN DISCLOSED TO TENANT. b. General Release. Tenant and anyone claiming by, through or under Tenant hereby waives its right to recover from and fully and irrevocably releases, discharges and acquits City and City's employees, representatives, agents, advisors, servants, attorneys, successors and assigns, and all persons, firms, corporations and organizations acting on City's behalf (the "Released Parties") from any and all claims, responsibility and/or liability that Tenant may now have or hereafter acquire against any of the Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause of action arising from or related to the matters described in Section 3(a), above. This release includes claims of which Tenant is presently unaware or which Tenant does not presently suspect to exist which, if known by Tenant, would materially affect Tenant's release of the Released Parties. Tenant specifically waives the provision of any statute or principle of law, which provides otherwise, including but 11086/0111/709744.5 -2- not limited to any right Tenant and anyone claiming by, through or under Tenant may have under Section 1542 of the California Civil Code ("Section 1542"), which reads: 'A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.' BY INITIALING BELOW, TENANT HEREBY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES. Tenant's Initials: c. Survival. This Section 3 shall survive the expiration and any earlier termination of this Lease. 4. USE OF PREMISES; COMPLIANCE WITH LAW. a. Use. Tenant shall use the Premises for athletic, social and recreational activities available to the public, including, but not limited to fitness programs, handball, racquetball, basketball, teen program, recreation classes and similar programs and for no other purposes (except as may be expressly approved by City in its sole and absolute discretion). Tenant shall in good faith and with reasonable diligence deyelop and offer programs that reflect community needs with the mission and goals of the YMCA as parameters and shall cooperate and consult with the City in the development of such programs. Tenant will not implement youth soccer programs or youth baseball programs that ~vould, in the good faith judgment of City, either conflict with any existing youth programs in the City of Temecula or which would create excessive demand for use of the baseball fields in the City. The service level in any e~eut shall not be less than the service level provided by other YMCA's in Riverside County. Tenant may require persons using the facilities to be members of Tenant's organization, but such memberships shall be open to all members of the public, subject to compliance with Tenant's lawful rules and regulations, and Tenant shall at all times ensure that no less than sixty percent (60%) of their program participation at the Premises are from residents of the City of Temecula. In the month of January of each calendar year during the term of this Lease, Tenant shall submit to City both: (i) reasonable evidence of Tenant's compliance with the preceding sentence during the preceding calendar year; and (ii)an award program summary report including program rosters for the preceding calendar year, descriptions of programs in place during the preceding calendar year, and a description of changes to programs for the then-current year, new programs and programs to be terminated in the then-current year. b. No Nuisance or Waste. Tenant agrees not to conduct or permit to be conducted any public or private nuisance on or from the Premises, or to commit or permit to be committed any waste upon the Premises. 1086/0111/709744.5 -3- c. Compliance with Law. Tenant shall comply with all laws, orders, rules, regulations, ordinances, permits and requirements of governmental authorities with respect to the Premises, the Improvements and Tenant's activities and operations on the Premises. d. Signs. Tenant shall have the right to install signs subject to and in accordance with the Temecula Municipal Code. 5. CONSTRUCTION OF IMPROVEMENTS. a. Construction. Tenant shall not construct, place or use any temporary or "modular" facilities on the Premises. Tenant shall construct the Building and Improvements in accordance with plans and specifications reasonably approved by City, but Tenant acknowledges and agrees that the Building must contain at least 11,000 usable square feet. Tenant's construction of the Improvements shall be at Tenant's sole cost and expense. All of the work shall be performed diligently, in a good and workmanlike manner, and in compliance with all laws, ordinances and regulations applicable thereto, including all applicable provisions of state, federal and local prevailing wage laws and public bidding requirements, and all zoning requirements and building code requirements of the City of Temecula and any other governmental agency having jurisdiction over the Premises. Tenant shall keep the Premises in a neat and orderly condition, free of weeds, dust and debris during any construction, operation or maintenance activities. Tenant shall protect all adjacent property against damage resulting from the performance of the work on the Premises. b. Evidence of Financing; City Termination Rights. If Tenant fails to deliver to City on or before February 1, 2006, reasonable evidence that Tenant has raised and committed at least Six Hundred Thousand Dollars ($600,000) for the construction of the Building, City may terminate this Lease by written notice given on or before April I, 2006. If Tenant fails to deliver to City on or before February 1, 2008, reasonable evidence that Tenant can finance the remainder of the cost of the Building and related Improvements (such as a binding construction loan commitment or executed loan documents covering such cost), or if Tenant fails to commence construction of the Building in a material way on or before said date, then City may terminate this Lease by written notice given on or before April 1, 2008. c. Ownership of Improvements. The Building and other Improvements and all related warranties and other rights against architect's contractors and other persons hired by or on behalf of Tenant in connection with the Improvements), shall belong to Tenant during the term of this Lease, but shall become the property of City upon the expiration or earlier termination of that Lease. Trade fixtures and equipment installed by Tenant shall belong to Tenant. d. Other Alterations, Additions and Improvements. Tenant shall not make any other alterations, additions or improvements to the Building or the Premises costing in excess of $25,000 or that would affect the appearance of the Building or Premises without City's prior written consent, but City shall not unreasonably withhold such consent. e. Notice. At least thirty (30) days prior to the commencement of any work to be constructed by Tenant on the Premises (whether or not City's consent is required), Tenant 11086/0ll 1/709744.5 -4- shall submit to City a written notice specifying the nature and location of the intended work and the expected date of commencement thereof and City may post notices of non-responsibility. f. Mechanic's Liens. To the extent any work on the Premises is performed by, on behalf of or for the benefit of Tenant, Tenant shall promptly pay or cause to be paid, all money due and payable for and on account of the work, and shall indemnify and keep and hold City free and harmless from any and all mechanic's and materialmen's design professionals and site improver's liens arising from or growing out of the work. If Tenant shall in good faith contest the validity of any such lien, claim, or demand, then Tenant shall, at its expense, defend itself and City against the same and shall pay and satisfy any adverse judgment that may be rendered thereon prior to execution thereof, and in the event of any such contest Tenant shall provide City with a security bond in form and substance reasonably acceptable to City. g. Bonds. In connection with the construction of the Building, and to the extent Tenant performs any other work upon the Premises with a value in excess of twenty five thousand dollars ($25,000), Tenant shall, at its sole expense, provide for City's benefit, labor, material and performance bonds or other security approved by City. 6. RENT. a. Annual Rent. Commencing with the year 2003, Tenant shall pay rent to the City in the amount of one dollar ($1.00) per calendar year, payable on the first business day of each calendar year. b. Triple Net Lease. Tenant hereby acknowledges and agrees that this is a so-called "TRIPLE NET LEASE" such that all costs and expenses arising out of the use and occupancy of the Premises and Improvements, or the execution, delivery or recordation of this Lease, including, but not limited to, ad valorem taxes, possessory interest taxes, and utility, security, maintenance, and insurance costs, are payable by Tenant on and after the date on which construction of the Building or other Improvements commences. It is the intention of City and Tenant that from and after such date, the annual rent paid to City shall be absolutely net of all costs and expenses relating to the Premises or Improvements. 7. TAXES AND ASSESSMENTS. a. Payment of Taxes and Assessments. Upon and after the issuance of a certificate of occupancy for the Improvements (the "CofO Date"), Tenant agrees to pay or cause to be paid, before delinquency, any and all taxes, assessments, license fees and public charges levied, assessed or imposed or which may become payable during the period from the CofO Date to the expiration of the term hereof upon the Premises, the Improvements and all furnishings, appliances, equipment and all other personal property installed or located on the Premises, including, but not limited to, possessory interest taxes and other impositions, general or special, ordinary or extraordinary, of every kind or nature, which may be levied, assessed or imposed upon or with respect to the Premises, the Improvements or any part thereof, fixtures, equipment or personal property of Tenant at any time situated thereon (including, but not limited to, any ad valorem and inventory taxes), any transfer or conveyance tax arising out of this Lease (collectively, "Taxes"). Tenant shall pay all such Taxes as they become due and payable and, 11086/0111/709744.5 -5- upon request, shall provide City with appropriate evidence of their payment. At the CofO Date and end of the Lease term, the taxes, assessments, and public charges to be paid by Tenant shall be prorated. CITY HEREBY GIVES TENANT NOTICE, AND TENANT ACKNOWLEDGES ITS RECEIPT OF SUCH NOTICE, AS REQUIRED PURSUANT TO SECTION 107.6 OF THE CALIFORNIA REVENUE AND TAXATION CODE, THAT TENANT'S LEASEHOLD INTEREST CREATED BY THIS GROUND LEASE MAY RESULT IN A POSSESSORY INTEREST TAX BEING LEVIED AGAINST THE PREMISES, AND THAT IN SUCH EVENT TENANT SHALL BE OBLIGATED TO PAY SUCH TAX. b. Tenant's Right to contest Taxes. Without limiting the right of City to contest any Taxes, Tenant shall have the right to contest Taxes, provided Tenant shall: (i) deliver to City a bond or other acceptable security in the amount of one hundred ten percent (110%) of the contested amount and (ii) in good faith and with due diligence, contest the same or the validity thereof by appropriate legal proceedings which shall have the effect of preventing the collection of the Tax and the sale or foreclosure of any lien for such Tax. Tenant shall have the right, at its sole expense, to institute and prosecute, in it own name, any suit or action to contest any Tax payable by Tenant or to recover the amount of any such Tax, but, in such event, Tenant hereby covenants and agrees to indemnify and save City harmless from any and all costs and expenses, including attorneys' fees, in connection with any such suit or action. Any funds recovered by Tenant as a result of any such suit or action shall belong to Tenant except to the extent any such recovery allocable to a period of time which is not part of the Term. Any part of such recovery relating to a period not part of the Term shall be paid to City. 8. REPAIRS AND MAINTENANCE. a. Upon and after the CofO Date (as defined in Section 7a.), Tenant shall, at Tenant's sole cost and expense, repair, maintain and replace when necessary all portions of the Premises and Improvements, including all structural components, all interior components and all components of the grounds of the Premises, in good working order, condition and appearance in order to support the professional programs of the Tenant. Upon and after the CofO Date, Tenant will diligently maintain and care for the landscaping that is installed on the Premises in accordance with the Plans approved by City, using generally accepted methods for cultivation and watering. Upon and after the CofO Date, Tenant shall provide sufficient water to the landscape to maintain it in a healthy, thriving condition, keep the irrigation system functioning with no broken parts (subject to allowing reasonable time to repair broken parts of malfunctioning systems), and shall keep the landscaping trimmed by removing dead wood from trees and shrubs, trimming back foliage which has exceeded the landscape boundaries and shaping the plants as necessary, and keeping turf mowed to a height of between two and three inches and trimmed back from edges of the Improvements, and weeds, trash, debris and plant material that has died or become unsightly shall be removed on a weekly basis. b. Tenant shall also, at Tenant's sole cost and expense, obtain, repair, maintain and replace as necessary, all equipment, fixtures and personal property used for the professional programs of the Tenant. c. City shal} not be obligated to make any repairs, replacements or renewals of any kind, nature or description whatsoever to the Premises or (after the CofO Date) the 11086/0111/709744.5 -6- Improvements, and Tenant hereby expressly waives all right to make repairs at City's expense under sections 1941 and 1942 of the California Civil Code, as amended from time to time. d. Tenant shall reimburse City, within ten (10) days after written demand given from time to time, for fifty percent (50%) of all costs and expenses incurred by City to slurry seal and re-stripe the surface parking lot in the Park. City estimates that such work will be necessary every three (3) years, but City reserves the right to perform such work more often if necessary in the good faith discretion of City. 9. CURE RIGHTS OF CITY. If Tenant does not perform its obligations pursuant to this Lease within thirty (30) days after notice from City (except that no notice or cure period shall apply to a failure to obtain insurance) City may (but shall not be obligated to) perform any obligation of Tenant pursuant to this Section at Tenant's cost and expense. Said election by City shall not constitute a waiver of any fight or remedy for Tenant's default. Tenant shall reimburse City for the cost and expense it incurred in the performance of Tenant's obligation within thirty (30) days after City's written request for payment. Tenant shall also indemnify, defend with legal counsel approved by City (approval by City shall not be unreasonably withheld) and hold harmless City and its officers, employees, servants and agents from and against all claims, actions, liabilities, losses, damages, costs, attorneys' fees and other expenses of any nature for loss or damage to property, or injury to or death of persons, arising in any manner whatsoever, directly or indirectly, from City's performance pursuant to this Section other than the City's gross negligence in performing the work. The indemnification, defense and hold harmless provisions of this Section shall survive the expiration or termination of this Lease. 10. USE OF HAZARDOUS MATERIALS. Tenant's use of any pesticides, herbicides and other Hazardous Materials on the Premises must comply with all applicable laws and' shall be limited to the use and storage of such Hazardous Materials that are necessary and customary for the operation of a YMCA. Disposal of all pesticides, herbicides, and other Hazardous Materials, and any containers, clothing, equipment and other materials contaminated therewith, must also comply with law. 11. UTILITIES. Commencing on the date on which construction of the Building or other Improvements commences, Tenant shall pay when due, and to defend, indemnify, and hold City harmless from and against any claims and liabilities for, charges for water, sewage, gas, electricity and other utility services of every kind and nature supplied to or used on the Premises or Improvements. 12. INDEMNIFICATION AND HOLD HARMLESS. a. Tenant shall indemnify, defend (with legal counsel approved by City, such approval by City shall not be unreasonably withheld) and hold harmless City and its councilpersons, officers, employees and agents from and against all claims, actions, liabilities, losses, damages, costs, attorneys' fees and other expense of any nature for loss or damage to 11086/0111/709744.5 -7- property, or injury to or death of persons, arising in an manner whatsoever, directly or indirectly, by reason of this Lease, the construction of the Building and other Improvements, or the use or occupancy of the Premises or Improvements or Tenant's property by Tenant and its agents, contractors, employees, invitees, representatives, sublessees and assignees (collectively "Claim") (whether the Claim be made during the Lease term or thereafter), except such loss, damage, injury or death caused by the gross negligence of City or any of its officers, employees or agents. b. Additionally, Tenant shall indemnify, defend with legal cotmsel approved by City (such approval shall not be unreasonably withheld) and hold harmless City and its councilpersons, officers, employees and agents from and against any and all claims, actions, liabilities, losses, damages, costs, including, without limitation, the cost of any required or necessary repair, cleanup, or detoxification, and the preparation of any response, remedial, closure or other required plans, attorneys' fees and other expenses of any nature including, without limitation, all foreseeable and all unforeseeable consequential damages, directly or indirectly arising out of the presence, use, generation, storage, release or disposal of Hazardous Materials on the Premises or Improvements or Tenant's property, except for (i) those present on the Premises as of the date of the this Lease, or (ii) those which may be placed on the Premises by City or City's employees, agents or contractors after the date of this Lease. If Tenant receives any notice, whether oral or written, of any inquiry, test, investigation, enforcement proceeding, environmental audit or the like regarding any Hazardous Material on the Premises, Tenant shall immediately notify City in writing of such notice. c. As used in this Lease, the term "Hazardous Materials" means any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated or addressed pursuant to (1) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C., Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C., Section 6901, et seq.; the Toxic Substances Control Act, 15 U.S.C., Section 2601, et seq.; the Clean Water Act, 33 U.S.C. Section 1251, et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100, et seq.; the California Hazardous Substance Account Act, Health and Safety Code Section 25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5; et seq. California Health and Safety Code Section 25280, et seq.; (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1, et seq. California Health and Safety Code Section 25501, et seq. (Hazardous Materials Response and Plans Inventory);or the Porter-Cologne Water Quality Control Act Water Code Section 13000, et seq., all as amended, (2) any other federal or state law or any local law regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, as now is, or at any time hereafter may be, in effect, and (3) any rule or regulation adopted or promulgated under or pursuant to any of said laws. d. The liability of Tenant under this Section and any other defense, indemnity and hold harmless obligations under this Lease shall not be limited by the insurance provisions of this Lease. The indemnification, legal defense and hold harmless provisions of this Lease shall survive the expiration or termination of this Lease. 11086/0111/709744.5 -8- 13. INSURANCE. a. Coverage. As to all activities hereunder, the following insurance shall be obtained and maintained in force from the CofO Date (as defined in Section 7a.) until the expiration of the Term (except as otherwise provided in Subsections 13 a.(1) and (4)): (1) Commercial General Liability. Commencing upon Tenant's entry onto the Premises for any purpose and continuing until the latter of (i) the date Tenant has permanently vacated the Premises, or (ii) the expiration or earlier termination of this Lease, Tenant shall carry and maintain in effect Commercial General Liability insurance (including but not limited to, coverage for premises/operations, excavation, collapse and underground hazards, products/completed operations, broad form property damage (including blanket contractual liability), acts of independent contractors, and bodily injury and property dmnage) providing for minimum limits of Two Million Dollars ($2,000,000.00) annually for bodily injury, including death, and property damage, arising from any one occurrence, a Five Million Dollar ($5,000,000.00) aggregate limit, and a deductible of not greater than One Hundred Thousand Dollars ($100,000.00) per loss. (2) Automobile Liability. Tenant shall carry and maintain in effect Automobile Liability insurance covering all owned, non-owned and hired automobiles with minimum insurance limits of One Million Dollars ($1,000,000.00) for bodily injury and property damage arising from any one occurrence with a deductible of not greater than One Hundred Thousand Dollars ($100,000.00) per loss and containing appropriate no-fault insurance provisions. (3) Workers' Compensation Insurance. Tenant shall carry and maintain for its employees Workers' Compensation insurance in accordance with State and Federal laws including statutory California benefits and other states' endorsement, and benefits that may fall under the jurisdiction of the U.S. Longshoremen's and Harbor Worker's Act covering loss resulting from injury, sickness, disability or death, if such exposure exists; and Employer's Liability insurance with limits of not less than One Million Dollars ($1,000,000.00) each accident or disease or the minimum limit necessary to meet the underlying requirements of the excess liability carrier. (4) Builder's Risk/All Risk Insurance. Commencing with the commencement of construction of Improvements by Tenant on the Premises, Tenant shall, at its sole cost and expense, arrange for (A) builders' risk insurance for the Building and other Improvements 11086/0111/709744.5 -9- (5) until the date that Tenant determines that the Building and other Improvements are commercially operational on an "all risk basis" in a completed value form with "extended coverage" and appropriate sublimits providing (i) coverage for the Building and other Improvements which insurance shall include coverage for removal of debris (which debris arises as a result of an insured loss), insuring the buildings, structures, boiler and machinery, equipment, facilities, fixtures and other property constituting a part of the Improvements, (ii) off-site coverage in an amount not less than Five Hundred Thousand Dollars ($500,000.00), (iii)transit coverage in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per conveyance per occurrence, provided, however, Tenant shall obtain a rider increasing the transit coverage for each piece of equipment to be shipped or otherwise delivered to the Site with a value greater than Two Hundred Fifty Thousand Dollars ($250,000.00) to an amount equal to the value of such piece of equipment, (iv) coverage for operational testing, and (v) coverage for collapse; all such policies may have a deductible of not greater than One Million Dollars ($1,000,000.00) per loss; and shall cover the cost to replace or repair the Building and Improvements (except as otherwise provided in (iii) above) with appropriate sublimits; and (B) after the date that Tenant determines that the Building is commercially operational, an all-risk property insurance policy providing coverage, in the minimum amount of the full replacement cost of the Building and Improvements, with appropriate sublimits, in respect of physical loss or damage to real or personal property, and providing for business interruption coverage in an amount each policy year equal to the reasonably expected gross revenues for such year less reasonably expected noncontinuing expenses for such year (which expected gross revenues and noncontinuing expenses shall be annualized if such policy year consists of less than twelve (12) months) with a deductible of not mom than One Million Dollars ($1,000,000.00) per occurrence for property damage and sixty (60) days for business inteiruption coverage. Boiler and Machinery Insurance. Tenant shall at its sole cost and expense, arrange for Boiler and Machinery Insurance, if not included in the all risk property insurance set forth in paragraph (e) above, providing coverage for (a) direct physical damage arising out of mechanical or electrical breakdown in a minimum amount equal to fifty percent (50%) of the full replacement cost of the Building with a deductible of not more than One Million Dollars ($1,000,000.00) per occurrence and (b) the business interruption loss (if any) that ensues in an amount each policy year equal to the reasonably expected gross revenues for such year less the reasonably expected noncontinuing expenses for such year (which 11086/0111/709744.5 - 1 O- expected gross revenues and noncontinuing expenses shall be annualized if such policy year costs of less than twelve (12) months), with a deductible of not more than sixty (60) days. (6) Policy Terms. Each liability policy described above: (i) shall be primary, without right of contribution from any other insurance which may be carried by a party, and (ii) shall name City and its officers, agents, employees and volunteers, as an additional insured. All property insurance coverage shall be on a "(other than deductibles)/replacement cost" basis, and such insurance carried by Tenant may name financial institutions providing financing for the Building as loss payee. b. Certificates. Prior to commencement of construction of the Building, Tenant shall provide City with written evidence of the insurance required in Section 13a(1) and (4) above in the form of appropriate insurance certificates specifying amounts of coverage and expiration dates of all policies in effect. Said certificates shall indicate that no insurance will be cancelled or materially changed during the term of this Lease without thirty (30) days (ten (10) days prior written notice in the case of cancellation for non-payment of premiums) prior written notice to City. Tenant shall not perform any act that would invalidate the policies which Tenant is obliged to obtain hereunder, or would increase the premiums payable under such policies. c. Cure Right. Should Tenant at any time neglect or refuse to provide any insurance required hereunder, or should any insurance be cancelled, then City shall have the right, but not the obligation, without giving Tenant notice or the opportunity to cure, to procure insurance and the costs thereof (including, without limitation, premiums, payments under deductibles, and defense costs associated with any loss of coverage) shall be reimbursed to City by Tenant upon demand therefor. Policy Review. Upon written request of either party, City and Tenant agree to review and negotiate in good faith regarding the coverage amounts for all insurance policies specified in this Section and to adjust coverages as determined to be commercially reasonable for a facility and operation similar to the Building and Improvements operated on the Site and based on then- current market and business conditions and common insurance industry practices. Notwithstanding the foregoing, the failure of the parties to agree on any proposed changes to the insurance requirements then in effect shall not excuse the parties' compliance with the insurance requirements then in effect. e. Waiver of Subrogation. All policies obtained hereunder shall have a provision mutually waiving rights of subrogation by the insurer against the Parties hereto. f. Reasonable Increases in Coverage. The amount of insurance coverage. described in Section 13a shall be increased every three (3) years on the anniversary of the Lease Commencement Date in such an amount as the City may reasonably determine based upon inflation, increased liability awards, recommendations of professional insurance advisors and other factors customarily used to determine appropriate levels of coverage of the insurance required by this Lease. City shall provide written notice to the Tenant at least thirty (30) days prior to the date of the proposed increase in insurance coverage requirements. If Tenant 11086/0111/709744.5 - 1 1 - disagrees with City's determination of the increase in coverage, then City and Tenant shall meet and confer in good faith with each other in order to resolve their disagreement and reach agreement as to the increase. g. Bonds for Deductibles and Self-Insurance Retentions. At the option of the City, Tenant shall procure a bond guaranteeing payment of losses not covered by insurance due to deductibles or self-insured retentions approved by City. ) h. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII that are authorized to do business in California. 14. ASSIGNMENT AND SUBLETTING. Tenant shall not assign or sublet this Lease or the Improvements without the prior written consent of City in its sole and absolute discretion. City may, in each case, determine, in its sole and absolute discretion: (1)whether or not such an assignment or sublease will benefit the City, its residents and users of the Premises and facd~t~es, (2) whether the specific proposed use under the assignment or sublease will fulfill the public purposes of this Lease in providing athletic, recreational and social activities for the people of the City of Temecula, and (3) whether the proposed assignee or sublessee is sufficiently experienced and financially capable to fulfill the purposes of this Lease. 15. MORTGAGES AND OTHER ENCUMBRANCES. a. Tenant shall not mortgage, hypothecate or otherwise encumber its interest in the Premises or the Improvements without the prior express written approval of the City, which will not be unreasonably withheld. In deciding whether to approve any such mortgage, hypothecation or encumbrance, the City may evaluate the purposes of the request, the uses to which the funds will be put, and the effect of the encumbrance upon the use of the Improvements for the purposes described in Section 4a. (including the effect of foreclosure thereof followed by a further transfer of this Lease). It is expressly understood, acknowledged and agreed by Tenant that City's interest in the Premises and this Lease shall no~t be subject in any way to the lien of any Leasehold Mortgage (as defined below). b. As used herein, the term "Leasehold Mortgage" shall mean any mortgage, deed of trust or other security instrument, including, without limitation, an assignment of the rents, issues and profits from the Premises, that is approved by City and that constitutes a lien on Lessee's leasehold estate created by this Lease and/or the Tenant's interest in the Improvements, and the term "Financing Party" shall mean the holder of such Leasehold Mortgage. c. During the continuance of any Leasehold Mortgage and until such time as the lien of any Leasehold Mortgage has been extinguished: (1) City shall not agree to any mutual termination nor accept any surrender of this Lease, nor shall City consent to any amendment or modification of this Lease without the prior written consent of Financing Party (provided, however, that if Financing Party has not replied to a notice request such consent within thirty (30) days 11086/0111/7097~1.5 -]2- (2) (3) (4) after the date of such notice, the Financing Party shall be deemed to have given such consent). Notwithstanding any default by Tenant in the performance or observance of any agreement, covenant or condition of this Lease on the part of Tenant to be performed or observed, City shall have no right to terminate this Lease unless (A) an event of default shall have occurred and be continuing; (B) City shall have given Financing Party written notice of such event of default, and (C) Financing Party shall have failed to remedy such default or acquire Tenant's leasehold estate created hereby or commence foreclosure or other appropriate proceedings in the nature thereof, all as set forth in, and within the time specified by Section 15c.(4) below; provided, however, that nothing contained in this Section 15c.(2) shall prevent City from initiating the enforcement of its remedies hereunder, subject, however, to the rights of any Financing Party hereunder. The Financing Party shall have the right, but not the obligation, at any time prior to termination of this Lease and without payment of any penalty, to pay all of the rents, charges and other obligations due hereunder, to effect any insurance, to pay any Taxes to make any repairs and improvements, to do any other act or thing required of Tenant hereunder, and to do any act or thing which may be necessary and proper to be done in the performance and observance of the agreements, covenants and conditions hereof to prevent termination of this Lease. All payments so made and all things so done and performed by a Financing Party shall be as effective to prevent a termination of this Lease as the same would have been if made, done and performed by Tenant instead of by a Financing Party. Should any event of default under this Lease occur, Financing party shall have thirty (30) days after receipt of notice from City setting forth the nature of such event of default, and, if the default is such that it cannot reasonably be remedied within such 30-day period or if possession of the Premises or Building may be reasonably necessary to remedy the default, a reasonable time after the expiration of such thirty (30) day period not to exceed one hundred twenty (120) days, within which to remedy such default, provided that (A) the Financing Party shall have fully cured any default in the payment of any monetary obligations of Tenant under this Lease within such thirty (30) day period and shall continue to pay currently such monetary obligations as and when the same are due, and (B) the Financing Party shall have initiated within such period the curing of any default that can be remedied without taking possession of the Site and is diligently prosecming 11086/0111/709744.5 -1 3- (5) (6) (7) such cure, or, in the case of a default that cannot be cured without taking possession of the Premises or Building, the Financing Party shall have acquired Tenant's leasehold estate created hereby or commenced foreclosure or other appropriate proceedings in the nature thereof within such period, or prior thereto, and is diligently prosecuting any such proceedings. All rights of City to terminate this Lease as the result of the occurrence of any such event of default shall be subject to, and conditioned upon, City having first given the Financing Party written notice of such event of default and the Financing Party having failed to remedy or commence the remedying of such default or acquire Tenant's leasehold estate created hereby or commence foreclosure or other appropriate proceedings in the nature thereof as set forth in and within the time specified by this Section 15c.(4). If the Financing Party is prohibited by any process or injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving Tenant from commencing or prosecuting foreclosure or other appropriate proceedings in the nature thereof, the times specified in Section 15c.(4) above for commencing or prosecuting such foreclosure or other proceedings shall be extended for the period of such prohibition; provided that the Financing Party shall have fully cured any default in the payment of any monetary obligations of Tenant under this Lease and shall continue to pay currently such monetary obligations as and when the same fall due. Provided that the Financing Party has furnished to City a request in writing for copies of default notices from City to Tenant, City shall deliver to Financing Party a copy of any and all default notices which City may from time to time give to Tenant pursuant to the provisions of this Lease. No default notice by City to Tenant hereunder shall be deemed to have been given unless and until a copy thereof shall have been delivered to the Financing Party as herein set forth. Foreclosure of a Leasehold Mortgage, or any sale thereunder, whether by judicial proceedings or by virtue of any power contained in the Leasehold Mortgage, or any conveyance of the leasehold estate created hereby from Tenant to the Financing Party through, or in lieu of, foreclosure or other appropriate proceedings in the nature thereof shall not require the consent of City or constitute a breach of any provision of or a default under this Lease, and upon such foreclosure, sale or conveyance and the Financing Party's (or any other foreclosure sale purchaser's) delivery to City of the Financing Party's (or any other foreclosure sale purchaser's) written agreement, in form and substance 11086/0111/709744.5 -14- (8) acceptable to City, whereby the Financing Party (or any other foreclosure sale purchaser) assumes the Tenant's obligations under this Lease, City shall recognize the Financing Party, or any other foreclosure sale purchaser, as Tenant hereunder provided, however, that in the event there are two or more Leasehold Mortgages or foreclosure sale purchasers (whether of the same or different Leasehold Mortgages), City shall have no duty or obligation whatsoever to determine the relative priorities of'such Leasehold Mortgages or the rights of the different holders thereof and/or foreclosure sale purchasers. In the event a Financing Party becomes Tenant under this Lease or any new lease obtained pursuant to Section 15c.(8), the Financing Party shall be personally liable for the obligations of Tenant under this Lease or such new lease only for the period of time that the Financing Party remains the Tenant thereunder, and the Financing Party's right thereafter to assign this Lease or such new lease shall be subject to the applicable provisions of this Lease. In the event the Financing Party subsequently assigns or transfers its ~nterest under this Lease after acquiring the same by foreclosure or deed in lieu of foreclosure or subsequently assigns or transfers its interest under any new lease obtained pursuant to Section 15(c)(8), and in connection with any such assignment or transfer the Financing Party takes back a mortgage or deed of trust encumbering such leasehold interest to secure a portion of the purchase price given to the Financing Party for such assignment of transl~r, then such mortgage or deed of trust shall be considered a Leasehold Mortgage as contemplated under this Section and the Financing Party shall be entitled to receive the benefit of and enforce the provisions of this Section and any other provisions of this Lease intended for the benefit of the holder of a Leasehold Mortgage. Should City terminate this Lease by reason of any default by Tenant hereunder, City shall, upon written request by the Financing Party received within thirty (30) days after such termination, the Financing Party execute and deliver a new lease of the Premises to the Financing Party, for the remainder o1' the Term of this Lease with the same agreements, covenants and conditions (except for any requirements which have been fulfilled by Tenant prior to termination) as are contained herein provided, huwcver, that City's execution and delivery of such new lease of the Premises shall be made without representation or warranty regarding title to the Premises or any Improvements or the priority of such new lease. Upon execution and delivery of such new lease, the Financing Party, at its sole cost and expense, shall be responsible for taking such action as shall be necessary to cancel and discharge this Lease and to remove Tenant named herein and any other occupant from the Premises. Tenant's obligation to enter 11086/0111/709744.5 - l 5- into such new lease of the Premises with the Financing Party shall be subject to the following conditions: (i) the Financing Party has remedied and cured all monetary defaults hereunder and has remedied and cured or has commenced and is diligently completing the cure of all nonmonetary defaults of Tenant in accordance with the terms of this Section, (ii) that if more than one Financing Party requests such new lease City shall have no duty or obligation whatsoever to determine the relative priority of such Leasehold Mortgages held by such Financing Party, and, in the event of any dispute between or among the Financing Parties, City shall have no obligation to enter into any such new lease if such dispute is not resolved to the sole satisfaction of City within ninety (90) days after the date of termination of this Lease, and (iii) that Financing Party pay all costs and expenses of City, including, without limitation, reasonable attorneys' fees, real property transfer taxes and any escrow fees and recording charges, incurred in connection with the preparation and execution of such new lease and any conveyances related thereto. 16. DAMAGE. Should any Improvements be damaged or destroyed, Tenant shall diligently, but subject to delays beyond the reasonable control of Tenant (excluding financial matters), repair and/or rebuild the same to substantially the condition in which the same were immediately prior to such damage or destruction. 17. DISCRIMINATION. Tenant shall not discriminate in the use of the Premises or in its operations thereon, including, but not limited to, membership, administration, and/or employment, against any person or class of persons by reason of race, color, creed, national origin, religion, age or sex or for any other reason prohibited by law. 18. CONDEMNATION. a. Event of Condemnation. If, during the term of this Lease them is a taking, or transfer of, or damage to all or any part of the Premises for a public use by any individual or entity, public or private, possessing the power of eminent domain, whether by a condemnation proceeding or otherwise, the rights and obligations of City and Tenant, with regard to such taking, transfer or damage shall be governed by the provisions set forth in this Section. b. "Date of Taking". As used in this Lease, the phrase "date of taking" shall mean the earliest of the following dates: the date, if any, after which the condemnor may take possession of the Premises, as stated in an order authorizing the condemnor to take possession; 11086/0111/709744.5 - 16- (2) the date a final order of condemnation or final judgment is filed or recorded, or the date a deed is recorded in the event of a transfer; (3) the date that physical possession of the Premises is taken. c. Termination. This Lease shall, as to the part transferred or taken, terminate as of the date of taking. In the event only a portion of the Premises is taken or transferred and the part remaining is not susceptible to the use to which Tenant had put the Premises prior to such taking or transfer, or if no land is actually taken but the entire property is damaged by reason of the taking of access rights so that the entire remainder is not susceptible to such use, then this Lease may be terminated at the option of Tenant by written notice. Such option to terminate must be exercised by written notice given within ten (10) business days after the date of taking. d. Abandonment. In the event the condemning agency shall abandon an eminent domain proceeding after service of any notice of termination by Tenant, as provided for in the next preceding section, then Tenant at its option, may revoke and cancel such notice by notifying City, in writing, not more than thirty (30) days after there has been an abandonment, as provided in Section 1268.610 of the California Code of Civil Procedure, or any amendment thereof. Upon an abandonment, either party hereto shall have a right to contest the condemnor's abandonment, and to recover its respective litigation costs, as provided for in California Code of Civil Procedure, Section 1268.610 or any amendment thereof. If, after the condemnor takes possession or Tenant moves from the property sought to be condemned in compliance with an order of possession, the condemnor abandons the proceeding, s as to such property or portion thereof, or if it is determined that the condemnor does not have authority to take such property or portion thereof by eminent domain, and the condemnor is required by law to deliver possession of such property or such portion thereof to the parties entitled to the possession thereof and pay damages as are provided for in California Code of Civil Procedure, Section 1268.610, or any amendment thereof, then City and Tenant shall equitably prorate the award of such damages and Tenant shall retake possession of the Premises, and all the terms of this Lease shall remain in operation as though never terminated. e. Right to Awm'd. In the event that an award is made for an entire or partial taking or for damages to the Premises or any interest therein in any action in direct or inverse condemnation, the parties hereto agree that their respective rights to the award or the compensation paid shall be as follows: (1) Tenant shall be entitled to such portion of the award as may be allocated to the leasehold created by this Lease and the Improvements; (2) City shall be entitled to that portion of the award allocated to the Premises, exclusive of Tenant's Leasehold interest therein and Tenant's interest in the Improvements; 11086/0111/709744.5 - 17- (3) Severance dmnages shall be provided between the parties in the ratio in which they share the award as provided in (1) and (2) above; (4) If there is an award made pursuant to a judgment, and neither party can agree as to the values to be assigned to their respective interests in such award, the values of these interests shall be determined under a proceeding governed by the California Code of Civil Procedures. Neither party will do any act or make any agreement which will impair the legal obligation of the condemnor to bear the costs of such proceedings. Both parties agree, however, that in the event such a proceeding is used, the rights of the respective parties hereto shall be governed by the formula set forth herein; (5) Any interest paid on the award in condemnation shall be divided between the parties in the same ratio as the award has been divided under the terms of subparagraphs (1) and (2) above. f. Right of Entry. Neither party hereto shall grant a right of entry to any condemnor without the written consent of the other party hereto. g. Notice of Action. In the event either party hereto receives actual or constructive notice of an acts on the part of an entity possessing the power of eminent domain, which would cause or allow any of the provisions hereof to be invoked, then and in that event, such party shall immediately notify the other party, in writing, of such information. 19. DEFAULT. a. Events of Default. The following events shall be deemed to be events of default ("Events of Default") by Tenant under this Lease regardless of the pendency of any bankruptcy, reorganization, receivership, ins$1vency or other proceeding which have or might have the effect of preventing Tenant from complying with the terms of this Lease: (1) Failure to pay any payment required to be made hereunder (whether to City or to any a third party), including taxes (unless such taxes shall have been bonded and are being diligently contested), within ten (10) days after the date the same is due. (2) Failure to comply with any term, provision or covenant of this Lease, other than the payment of sums to be paid hereunder, after written notice from City if Tenant (i) does not immediately commence taking all necessary and app,ropriate actions to remedy such failure, or (ii) does not thereafter diligently and continuously pursue all such remedial actions, or (iii) does not fully cure such failure within the minimum period of time reasonably required under the circumstances to achieve a cure, which minimum period shall be at least thirty (30) days after Tenant's receipt of City's 11086/0111/709744.5 - l 8- written notice of such failure, in any event within ninety (90) days after Tenant's receipt of City's written notice of such failure, time being strictly of the essence; provided, however, that Tenant shall not be entitled to cure the breach of any covenant that is non- curable. (3) Tenant abandons, vacates or surrenders the Building. (4) Any right or interest of Tenant is subjected to attachment, execution, or other levy, or to seizure under legal process, which is not released within thirty (30) days. (5) A receiver is appointed to take possession or control of the Building, or Tenant's operations on the Premises for any reason, including assignment for benefit of creditors or voluntary or involuntary bankruptcy proceedings. (6) Tenant makes a general assignment for the benefit of creditors or a voluntary or involuntary petition is filed by or against Tenant under any law for the purpose of adjudicating Tenant a bankrupt, or for extending time for payment, adjustment or satisfaction of Tenant's liabilities, or for reorganization, dissolution or arrangement on account of or to prevent bankruptcy or insolvency, unless such assignment or proceeding, and all consequent orders, adjudications, custodies and supervisions are dismissed, vacated or otherwise permanently stayed or terminated within sixty (60) days after such assignment, filing or other initial event. b. Remedies. Upon the occurrence of any Event of Default, City may, at its option, and in addition to and cumulatively of any other rights City may have at law or in equity or under this Lease, terminate this Lease by notice to Tenant and in conformity with procedures required hereby, or enforce, by all proper and legal suits and other means, its rights hereunder, including the collection of sums due hereunder, without re-entering or resuming possession of the Premises and Improvements, and without terminating this Lease, in which event City shall have all remedies available at law or in equity, and should it be necessary for City to take any legal action in connection with such enforcement, the Tenant shall pay City all reasonable attorneys' fees so incurred, all without prejudice to any remedies that might otherwise be used by City for recovery or arrearages of sums due hereunder, damages as herein provided, or breach of covenant. c. Waiver. A waiver by either party of any default or breach by the other party of any provision of this Lease shall not constitute or be deemed to be a waiver of any subsequent or other default or breach. No waiver shall be binding, unless executed in writing by the party making the waiver; waivers on behalf of City must be given by resolution of the City. No waiver, benefit, privilege, or service voluntarily given or performed by either party shall give the other any contractual right by custom, estoppel, or otherwise. The subsequent acceptance of rent pursuant to this Lease shall not constitute a waiver of any preceding default by Tenant other 11086/0111/709744.5 - 19- than default in the payment of the particular rental payment so accepted, regardless of City's knowledge of the preceding breach at the time of accepting the rent; nor shall acceptance of rent or any other payment after expiration or termination constitute a reinstatement, extension, or renewal of the Lease or revocation of any notice or other act by City. 20. HOLDING OVER. If Tenant shall hold over on the Promises after the expiration of the term hereof, with the consent of City, either express or implied, such holding over shall be construed to be only a tenancy from month to month, terminable by either party upon thirty (30) days' prior written notice to the other, and shall otherwise be subject to all the covenants, conditions and obligations hereof, and Tenant hereby agrees to pay to City the same monthly rental as provided in this Lease; provided, however, that nothing herein contained shall be construed to give Tenant any rights to so hold over and to continue in possession of the Premises after the expiration of the term hereof. 21. SIGNS. Subject to compliance with applicable law and the City's reasonable approval, Tenant may, at Tenant's cost, place a sign on the Premises in early 2003 indicating that a YMCA will be built on the Premises. 22. ARBITRATION OF DISPUTES. Any dispute regarding this lease or the enforcement or interpretation of this Lease or whether a default has occurred shall be determined pursuant to the provisions of this Section, except that City shall retain and have the right to conduct an action for unlawful detainer in the event of a holding over by Tenant without the express written consent of City. Either City or Tenant may initiate such proceedings by giving written notice to the other stating an intention to arbitrate, the issue to be arbitrated, and the relief sought. Such arbitration shall be conducted pursuant to the provisions of the laws of the State of California then in force, with the then- existing rules of procedure to be those of the American Arbitration Association or its successor insofar as said rules of procedure do not conflict with the laws of the State of California then in force; except that the California Code of Civil Procedure with respect to the rules of discovery shall apply to any arbitration undertaken pursuant to this Section. Once notice to arbitrate has been given, City and Tenant shall jointly, within fifteen (15) days after such notice, select one (1) arbitrator, or if they cannot agree on one (1) arbitrator then each shall select an arbitrator within twenty (20) days after delivery of said notice, and the two (2) arbitrators selected shall designate the third Arbitrator within twenty-five (25) days after delivery of said notice. The three (3) arbitrators shall convene as soon as practicable and offer City and Tenant the opportunity to present their cases. If any party to the arbitration, after being duly notified, fails to appear, participate or produce evidence at an arbitration hearing, the arbitrator(s) may make an award based solely on the evidence actually presented. The arbitrators shall, by majority vote, make such award and decision as is appropriate, and in accord with the terms of this Lease and applicable law, and such award shall be binding upon City and Tenant and enforceable in a court of law. The cost of arbitration shall be borne by City and Tenant as determined by the arbitrators. In the event either party fails to appoint an arbitrator or the two (2) arbitrators fail to 11086/0111/709744.5 -20- select a third arbitrator within the time required by this Section, then upon application of either party, the arbitrator shall be appointed by the American Arbitration Association, or if there be no American Arbitration Association or it shall refuse to perform this function, then, at the request of either City or Tenant, such arbitrator shall be appointed by the then presiding Judge of the Superior Court of the State of California for the County of Riverside. NOTICE: By initialing in the space below you are agreeing to have any dispute arising out of the matters included in the "Arbitration of Disputes" provision decided by neutral arbitration as provided by California law and you are giving up any rights you might possess to have the dispute litigated in a court or jury trial. By initialing in the space below you are giving up your judicial rights to discovery and appeal, unless those rights are specifically included in this "Arbitration of Disputes" provision. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under the authority of the California Code of Civil Procedure. Your agreement to this arbitration provision is voluntary. We have read and understand the foregoing and agree to submit disputes arising out of the matters included in the "Arbitration of Disputes" provision to neutral arbitration. City Tenant 23. GENERAL. a. Attorneys' Fees. In the event that any arbitration is commenced for the enforcement or declaration of any right or remedies in or under this Lease or for the breach of any covenant or condition of this Lease then, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the other party. b. Waiver. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Lease shall be construed as a waiver of any succeeding breach of the same or other covenants, agreements restrictions and conditions hereof. c. Lease Binding on Successors and Assigns. Subject to Sections 14 and 15 above, covenants and conditions of this lease shall extend to and be binding on and inure to the benefit of City, Tenant, and their respective successors and assigns. d. Inspection. City and City's agents and representatives may enter upon the Premises at any reasonable time for the purpose of attending to City's business, preserving City's interests hereunder or inspecting the Premises or the Improvements. e. Relationship of the Parties. The relationship of the parties hereto is that of landlord and tenant, and it is expressly understood and agreed that City is not in any way, nor for any purpose, a guarantor or partner of Tenant or a joint venturer with Tenant in the conduct of Tenant's business, or otherwise. f. Authority. The person(s) executing this Lease on behalf of Tenant hereby represents and warrants that they are duly authorized by Tenant to do so and thereby bind Tenant to the terms hereof, and that this Lease has been duly authorized and approved by Tenant. 11086/0111/709744.5 -21 - g. Time of Essence. Time is expressly declared to be of the essence of this h. · Quitclaim. At the expiration or earlier termination of this lease, Tenant shall execute, acknowledge and deliver to City, within five (5) days after written demand from City, a recordable quitclaim deed or other document deemed necessary or desirable by City's counsel to eliminate Tenant's interest in the Premises and Improvements as a matter of public record, and Tenant hereby appoints City as its attorney-in-fact to do so in the event Tenant fails to do so. i. Construction of Lease. This Lease shall not be constructed for or against either City or Tenant, but shall be construed in accordance with the fair amending of the language used in this lease. The captions in this Lease are for convenience only and shall not be considered or referred to in resolving questions of construction. j. Governing Law. This Lease shall be governed by the laws of the State of California (without regard to conflict of laws rules). 24. SEVERABILITY. If any provision of this Lease shall be adjudged to be invalid, void or illegal, it shall in no way affect, impair or invalidate any other provisions hereof, the parties hereby agreeing that they would have entered into the remaining portion of this Lease notwithstanding the omission of the portion or portions adjudged invalid, void or illegal. 25. ENTIRE AGREEMENT/AMENDMENTS. This Lease constitutes the entire agreement of the parties concerning the subject matter hereof and all prior and counterperaneous agreements and understandings, oral or written, are hereby merged herein. This Lease may not be modified or amended except in a writing duly approved and signed by all of the parties hereto. Both parties agree that no estoppel argument an be raised during legal proceedings in order to avoid the provisions of this Section. 26. MEMORANDUM OF LEASE. City shall, upon written request of Tenant and simultaneously with the commencement of the Lease term, execute, acknowledge and record in the office of the county recorder of Riverside County, a memorandum of this Lease in the form attached hereto as Exhibit C; however, failure so to do shall not affect the validity of this Lease. 27. NOTICES. Any notice to be given or other document to be delivered by either party to the other hereunder may be delivered in person to either party, or may be deposited in the United States mail, in the State of California, duly registered or certified, with postage thereon fully prepaid and addressed to the party for whom intended as follows: 11086/0t I t/709744.5 -22- To City: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Attn: City Manager To Tenant: YMCA of Riverside City and County 26111 Ynez Road Suite B~26 Temecula, CA 92591 Attn: Executive Director Either party hereto may, from time to time, by written notice to the other party, designate a different address which shall be substituted for the one above specified. If any notice or other document is sent by registered or certified mail, as aforesaid, the same shall be deemed served or delivered On the third business day after the mailing thereof, as above provided. 28. EXHIBITS. The following Exhibits are attached hereto and incorporated herein by this reference as though set forth in full: Exhibit A Description of Park Exhibit B Legal Description of Premises Exhibit C Form of Memorandum of Ground Lease 29. COUNTERPARTS. This Lease may be executed in separate counterparts, each of which when so executed and delivered shall be an original, but all such cotmterparts shall together constitute but one and the same instrument. [The remainder of this page has been intentionally left blank] 11086/0111/709744.5 -23- IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year first above written: CITY: CITY OF TEMECULA By:. Jeffrey E. Stone, Mayor ATTEST: Susan Jones, City Clerk Peter Thorson, City A~o nmmmmm~y TENANT: YMCA OF RIVERSIDE CITY AND COUNTY, INC., a California non-profit organization By:. Name: Title: By:. Name: Title: 1 t086/0111/7097445 -24- EXltlBIT A Description of Park (See attached diagram.) 11086/0tl 1/709744.5 A- l ERhibit "A" 921- lO 7-10 ? CO rB.A. 0~$-004 015-057 9 1-$0 PAR, I $.G4 AC. Nt PAR. ~ PAR. 4 II. ~4 Ac. NI. LOT 14 P. A4. GI/85-84 M B. 54/B5- Parcel Map 11170 Tract No. $$$4 Exhibit "A" Continued EXHIBIT B Legal Description of Premises 11086/01111709744.5 B- 1 EXHIBIT -,'a', LEGAL DESCRIPTION GROUND LEASE EASEMENT MARGARITA COMMUNITY PARK THAT PORTION OF PARCEL 14 OF TRACT MAP 3334, AS SHOWN ON A TRACT MAP ON FILE IN BOOK 54 AT PAGES 25 THROUGH 30, INCLUSIVELY OF TRACT MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY MOST CORNER OF PARCEL 14 AS SHOWN ON SAID MAP, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF- WAY OF MARGARITA ROAD; THENCE SOUTH 34054'52'' WEST, 317.50 FEET ALONG THE WEST LINE OF SAID PARCEL 14 TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE OF SAID PARCEL 14, SOUTH 55°05 '08" EAST, 166.50 FEET; THENCE SOUTH 06024'52'' WEST, 49.50 FEET; THENCE SOUTH 68024'52'' WEST, 179.50 FEET; THENCE NORTH 55005'08" WEST, 91.05 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 14; THENCE NORTH 34054'52'' EAST, 193.18 FEET ALONG THE WEST LINE OF SAID PARCEL 14 TO THE TRUE POINT OF BEGINNING. CONTAINING 28,799.55 SQUARE FEET OR .661 ACRES MORE OR LESS. THE DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED "EXHIBIT B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: RONALD J. PARKS DEPUTY DIRECTOR OF PUBLIC WORKS REGISTERED CIVIL ENGINEER NO. 19744 EXPIRES 9-30-05 ~ .-~/ '~ ~Y "OST CORNER OF [2 / LINE TABLE NO. DIRECTION DISf~CE I L1 S 55'05'08" E 166.50' L2 S 624'52" W 49.50' L~ S 6~24'52" W ~79.50' L4 N 55'05'08" W 91.05' APHT.,. PARCEL 921-300-006333414 L5 N 34'54'52" E 193.18' Il M.D. 54/25-30 LEGEND JO PORTmON BEmNG DESCR'SED c rror ~~ ~X ~ OEPARFUENF OF PUBLIC ~ORKS ~ ~1Wo.]9~%~'~11 ~ I CITY OF TEMECULA PREPARED BY: CITY OF TEMECULA 4J200 BUSINESS PARK DR, [EMECULA. CA 92.590 (~o~) ~-6~n NO. DIRECTION DISTANCE L1 S 55'05'08" E 166.50' L2 S 6'24'52" W 49.50' L3 S 68'24'52" W 179.50' L4 N 55'05'08" W 91.05' L5 N 54'54'52" E 193,18' EXHIBIT C Form of Memorandum of Ground Lease WHEN RECORDED RETURN TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE MEMORANDUM OF GROUND LEASE THIS MEMORANDUM OF GROUND LEASE ("Memorandum"), dated as of January 14, 2003, is by and between the CITY OF TEMECULA, a municipal corporation (the "City") and YMCA OF RIVERSIDE CITY AND COUNTY, 1NC., a California non-profit corporation ("Tenant"). All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Lease (defined below). W1TNESSETH: That for value received, City and Tenant do hereby covenant, promise and agree as follows: 1. Leased Premises and Date of Lease. City hereby leases to Tenant, and Tenant hereby leases from City, for the Term (as hereinafter defined), certain real property and other property which is described on the attached Exhibit A (the "Site"), pursuant to the terms of a Ground Lease between City and Tenant dated as of January 14, 2003 (as may be amended, modified, extended, supplemented, restated or replaced from time to time, the "Lease"). 2. Term~ Renewal Option. The term of the Lease for the Site ("Term") commences on January 14, 2003 and shall ~nd forty-nine (49) years thereafter, unless the Term is earlier terminated in accordance with the provisions of the Lease. The Tenant has one (1) option to extend the Term for twenty (20) years. 11086/0111/709744.5 C- 1 3. Effect of Memorandum. The purpose of this instrument is to give notice of the Lease and its respective terms, covenants and conditions to the same extent as if the Lease was fully set forth herein. This Memorandum shall not modify in any manner the terms, conditions or intent of the Lease and the parties agree that this Memorandum is not intended nor shall it be used to interpret the Lease and in the event of any conflict between the Lease and this Memorandum, the Lease shall control. 1N WITNESS WHEREOF, the parties hereto have duly executed this instrument as of the day and year first written. CITY: CITY OF TEMECULA By:_ Jeffrey E. Stone, Mayor ATTEST: Susan Jones, City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney TENANT: YMCA OF RIVERSIDE CITY AND COUNTY, INC., a California non-profit organization By: Name: Title: By: Name: Title: 11086/0ll 1/709744.5 C-2 STATE OF CALIFORNIA ) COUNTY OF ) On 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) STATE OF CALIFORNIA ) COUNTY OF .) On 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) 11086/0111/709744.5 C-3 STATE OF CALIFORNIA ) COUNTY OF ) On 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) STATE OF CALIFORNIA ) COUNTY OF .) On 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the Within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) 11086/0111/709744.5 C-4 STATE OF CALIFORNIA ) COUNTY OF _) On 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) I 1086/0111/709744.5 C-5 Exhibit A to Memorandum of Ground Lease Site Description 11086/0111/709744.5 C-6 EXHIBIT LEGAL DESCRIPTION GROUND LEASE EASEMENT MARGARITA COMMUNITY PARK THAT PORTION OF PARCEL 14 OF TRACT MAP 3334, AS SHOWN ON A TRACT MAP ON FII.E IN BOOK 54 AT PAGES 25 THROUGH 30, INCLUSIVELY OF TRACT MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY MOST CORNER OF PARCEL 14 AS SHOWN ON SAID MAP, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF- WAY OF MARGARITA ROAD; THENCE SOUTH 34054'52'' WEST, 317.50 FEET ALONG THE WEST LINE OF SAID PARCEL 14 TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE OF SAID PARCEL 14, SOUTH 55005'08'' EAST, 166.50 FEET; THENCE SOUTH 06024'52'' WEST, 49.50 FEET; THENCE SOUTH 68024'52'' WEST, 179.50 FEET; THENCE NORTH 55005'08'' WEST, 91.05 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 14; THENCE NORTH 34054'52'' EAST, 193.18 FEET ALONG THE WEST LINE OF SAID PARCEL 14 TO THE TRUE POINT OF BEGINNING. CONTAINING 28,799.55 SQUARE FEET OR .661 ACRES MORE OR LESS. THE DESCRIPTION ALSO BEING SHOWN ON THE ATTACI~D "EXHIBIT B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: RONAI.D J. PARKS DEPUTY DIRECTOR OF PUBLIC WORKS REGISTERED CIVIL ENGINEER NO. 19744 EXPIRES 9-30-05 J. PARK~ No. R:~C1P',PROJECTS~PW95LPW95 - 19X~LEGAL~Y3/ICA.doc ITEM 6 APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City ManagedCity Council Genie Roberts, Director of Finance January 14, 2003 Community Development Block Grant Application Proposals for FY 2003/04 PREPARED BY: Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the City Council: Approve the Community Development Block Grant (CDBG) funding recommendation from the Finance Committee and staff. Authorize the Director of Finance to execute Sub-Recipient Agreements and to reprogram CDBG funds in accordance with the current budget resolution for general administration of the Fiscal Year 2003-04 Community Development Block Grant Funds. DISCUSSION: The CDBG program is a federal grant program administered by the Department of Housing and Urban Development (HUD) in which funding is allocated to the City annually through the Economic Development Agency (EDA) of Riverside County. The application requests were also reviewed for eligibility for CDBG funding by our program representative at the EDA and all of the applications are eligible for funding. In order for a project to be considered for funding, it must meet one of the following national goals: The activity benefits 51 percent Iow/moderate income persons; or, The activity aids in the prevention or elimination of slums or blight; or, The activity meets an emergent community development need. A total of ten (10) applications were submitted to the City for consideration and all were determined to be eligible for CDBG funding. The City's allocation for FY 03/04 is anticipated to be $386,964. CDBG regulations impose a 15 percent cap from the total allocation for Public Services. The Finance Committee is recommending a total expenditure of $58,044 for Public Services, which is within the 15% cap and the balance of $328,920 for public facilities and capital improvement project (refer to table on the following page). 2003-04 CDBG Allocation - estimate $386,964 Less Public Services (15% CAP) -58,044 Project FUnding availabie fo~ PbbiiC F~ilities/infrastrUCtUre $32si920 Due to the possibility that the City's allocation may be reduced, it is recommended that all projects be reduced equally, according to the percentage in allocation reduction. All projects are subject to final approval at a future Riverside County Board of Supervisors meeting. The EDA will submit a supplemental agreement to the City identifying the projects approved for funding in June 2003. Also, for general information this FY 2003/2004 CDBG funding cycle begins the first year of a three- year cooperation agreement with the County EDA. At the term of this agreement the City will review the benefits for application of entitlement status with HUD. The Finance Committee composed of Mayor, Jeff Stone, and Mayor Pro-Tern, Mike Naggar met on December 17, 2002 and after thorough review, are proposing CDBG funding for seven (7) public service organizations and one (1) City capital project as described in the attachment. FISCAL IMPACT: The CDBG funds allocated to outside agencies have no impact on the City, other than staff time needed to administer program requirements. Attachments: 1. Finance Committee Recommendations 2. FY 03/04 CDBG Applications Funding Summary FINANCE COMMITTEE FUNDING RECOMMENDATIONS Prior Year Funding Finance Committee Public Services Funding Requested Funding Recommendation Boys & Girls Club of Temecula $11,000 $30,000 11,000 Emergency Food Aid 10,000 10,000 10,000 Alternatives to Domestic Violence 10,000 36,750 10,000 (ADV) Operation School Bell 11,000 15,000 t 4,000 YMCA 4,500 10,000 7,500 Rape Crisis Center 4,000 5,000 4,000 Family Service Association of 0 10,000 0 Western Riverside County Safe Alternatives for Everyone No Request 5,000 0 Court Appointed Special Advocates No Request 50,000 1,544 American Red Cross Riverside 2,393 0 0 County Total Public Services Projects ($58,044) $ 52.893 $171.750 ~ Non-Public Service Projects Prior Year Funding Finance Committee Facility Expansion Funding Requested Funding Recommendation Old Town Gymnasium $ 249,730 $ 400,000 $ 328,920 RDA Pujol Street Sidewalk Phase II 50,000 Total Non-Public Service $ 299.730 $ 171.750 $ 328.920 Grand (Total projected CDBG Al~ation ($386,964) 1 $ 571.7501 $ 386.964 City of Temecula FY 03~04 CDBG Applications Funding Summary FUND NG RY ^~r~, ,~ .... ......... ~,,~,~ QUAE F~ NG PRO~ECT SUMMA Boys & Girls Club of Boys & Girls Public Service/ Scholarship program for Iow- Temecula Club of $30,000 Low-Mod Income income families to participate Temecula in AM/PM Camp activities & transportation. Emergency Food & Temecula Public Service/ Provide emergency food Aid Senior Center $10,000 Limited Clientele distribution and limited utility assistance to households based on referrals from Social Services and local churches. Alternatives to Alternatives to Public Service/ Provide 24-hour crisis Domestic Violence Domestic $36,750 Limited Clientele intervention, advocacy Violence services, shelter, community education and the Children's Support Program. Operation School Asst. League of Public Service/ Provide clothing to children Bell Temecula $15,000 Low-Mod Income identified byTVUSD in need of Valley clothing. Public Service/ This program will provide YMCA YMCA $10,000 Low-Mod Income scholarships to day camp for under privileged children at Temecula Elementary School. Riverside County Local Rape Public Service/ This program provides Rape Crisis Center Crisis Center $5,000 Low-Mod Income assistance to victims of sexual assault in the Temecula area at Rancho Springs Medical Center. Family Services Family Services Public Service/ Assist elementary youth, Association of Association of $10,000 Low-Mod Income teachers and families to Western Riverside Western reduce the risk of angry County Riverside related behavior County START) Safe Alternatives for Safe Public Service/ Provide services for children, Everyone Alternatives for $5,000 Low-Mod Income youth and families who have Everyone experienced or are at risk of (SAFE) abuse and violence. City of Temecula FY 03~04 CDBG Applications Funding Summary ~ ', ~=~ ',~ ~ .... QU~IE~I~G UMM~Y ~REQUES~ ~ Court Appointed Court Public Service/ CASA trains community Special Advocates Appointed $50,000 .ow-Mod Income volunteers to se~e as cou~ of Riverside CounW Special advocates for Advocates of abused/neglected children Riverside who have been removed from their homes in order to ensure Coun~ (CASA) the child's safe~. Old Town Temecula Temecula Design and construct an Communi~ $400,000 Public Facili~ indoor Gymnasium in Old Gymnasium Se~ices Town with approx 6,800 sq ff District and spectator seating. Estimated Cost to build is $950K. The Ci~ will pa~ner with the Temecula Boys & Girls Club on this project. 2 ITEM 7 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: Janua~ 14,2003 SUBJECT: Award of Contract for P.C. Workstations Prepared by: Tim Thorson, Information Systems Manager ~ RECOMMENDATION: Award a contract for Pentium based computer workstations to Tech 101 - Arcus, Inc., of Irvine, California in the amount of $92,000.70. BACKGROUND: On December 10th 2002, Mayor Pro Tern Stone made a motion to continue the PC Workstation Upgrade Proposal pending further review of bid procedures. The City Manager reviewed the bid process, and determined that 5 local Temecula firms received an RFP. Of those 5 firms, only 1 firm made a bid, Tek Visions, which was $33,000 higher than the lowest bid. Furthermore, after a thorough review of all the computer businesses that have a City business license, it was evident that only a handful of local computer vendors are capable of building the computers and supporting a three-year maintenance plan for the City. Because of the immediate business need to purchase these computers, the City Manager recommends that the Council award the current computer contract. Additionally, the City will take the following future steps: 1. Send notices to all computer businesses listed in the Temecula Business License Database, and let them know about our future computer purchases. 2. Invite these businesses to meet individually with the City Information Systems Manager and the Fiscal Services Manager to present the benefits of that particular company and be placed on the bidder list. 3. Continue to consider the 1% local sales tax preference in selecting firms for computers. This approach will increase the potential for local firms to compete for future computer bids. As a result, this agenda item is being readdressed at this time. FISCAL IMPACT: Adequate funds were appropriated in the 2002-03 Fiscal Year Budget for the Information Services Internal Services fund. ATTACHMENTS: Agenda Report dated December 10, 2002 EQUIPMENT PURCHASE AGREEMENT BE'I'WEEN ClTYOF TEMECULA AND TECH 101- ARCUS, INC. This Purchase Agreement ("Agreement") is made as of January 14, 2003, by and between the City of Temecula ("City"), a municipal corporation, and Tech 101 - Arcus, Inc. ("Vendor"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Purchase and Sale of Equipment. On and subject to the terms and conditions set forth in this Agreement and the Contract Documents, Vendor agrees to sell and deliver to City Personal Computer Workstations as more particularly described in Exhibit A, Description of Equipment, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment"). 2. Purchase Price. The Purchase Price which City agrees to pay to Vendor for the Equipment is Ninety Two Thousand Dollars and Seventy Cents ($92,000.70) The Pumhase Price is final and shall be paid by City to Vendor in accordance with the following schedule: Net 30 3. Representations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Operatin.q Condition. Vendor has good and marketable title to all of the Equipment. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Contract Documents. Vendor is aware that City is purchasing the Equipment for use as Computer Workstations on the City's Wide Area Network consisting of both Microsoft NT and Novell Servers and that City is relying on Vendor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contain or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 960829 11086-00001 sas 1480191 0 4. Time of Delivery. The date and time of delivery of the Equipment shall be on or before February 3, 2003 with weekly deliveries of at least ten (10) per week through March 21, 2002. 5, Place of Delivery, The Equipment shall be delivered to this location: City of Temecula, 43200 Business Park Drive, Temecula, CA 92590 6. Title and Risk of Loss. Title to and the risk of loss, damage and destruction of the Equipment shall remain with the Vendor until after inspection and acceptance of the Equipment by City. 7. Inspection and Acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 8. Reiection. In the event of such notice of non-conformity by City pursuant to Section 7, City may, at its option, (1) reject the whole of the Equipment, (2) accept the whole of the Equipment, or (3) accept any commercial unit or units of the Equipment and reject the remainder. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with ali reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 9. No Replacements of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the Equipment tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 10. Maintenance. Vendor shall maintain the Equipment in accordance with the terms of the maintenance schedule attached hereto as Exhibit D, and incorporated herein by this reference as though set forth in full. In performing the maintenance of the Equipment, Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its maintenance obligations under this Agreement. 11. Indemnification. Vendor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, damages, costs and liability of any kind or nature which the City, its officers, officials, employees, agents or volunteers 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 or from the Equipment or Vendor's maintenance thereof, excepting only liability arising out of the sole negligence of the City. 960829 11086-00901 sas 1480191 0 - 2 - 12. Contract Documents. a. This Agreement incorporates by reference as if fully set forth herein the following documents, (1) Request for Proposal dated November 7, 2002, attached hereto as Exhibit A; (2) Vendor's response to the Request for Proposal dated November 21,2002 attached hereto as Exhibit B. b. In the event any term or condition of the Contract Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. c. In the event of a conflict in terms between this Agreement, the RFP and/or the Vendor's response to the RFP, this Agreement shall prevail over the RFP and the Vendor's Response to the RFP, and the RFP shall prevail over the Vendor's Response to the RFP. 13. Remedies. The remedies and rights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity. 14. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement. 15. Leqal Responsibilities. The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 16. Assiqnment. This Agreement may not be assigned by Vendor without the express written consent of City. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. 17. Severabilit¥. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enfomeable, and binding on the parties. 18. PROHIBITED INTEREST. Prohibited Interest - No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, office or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under 960829 11086-00001 sas 1480191 0 - 3 - Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 19. Entire A.qreement; Modification; Waiver. This Agreement, constitutes the entire agreement between the parties pertaining to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether oral or written. No supplement, modification or amendment of this Agreement or the Contract Documents shall be binding unless executed in writing byall the parties. No waiver of any of the provisions of this Agreement or the Contract Documents shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 20. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third business day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, or on the first business day after being deposited with an overnight carrier for delivery the next business day, and properly addressed as follows: To Vendor at: Tech 101- Arcus, Inc. 16812 Milikan Ave. Irvine, CA 92606 To City at: City of Temecula 43200 Business Park Drive Temecula, California 92589 Attn: Tim Thorson Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address in the manner set forth above. 21. Effects of Headinqs. The subject headings of the sections and subsections of this Agreement are included for convenience onty and shall not affect or be considered in the construction or interpretation of any of its provisions. 22. GovernincI Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. //// 960829 11086-00001 sas 1480191 0 - 4 - IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on the day and year first above written. CITY OF TEMECULA Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney Tech 101-Arcus, Inc. 16812 Milikan Ave. Irvine, CA 92606 960529 11086-00001 sas 1480191 0 EXHIBIT A REQUEST FOR PROPOSAL DATED NOVEMBER 7, 2002 ATTACHED HERETO & INCORPORATED HEREIN. 960829 11086-00001 sas 1480191 0 -6- EXHIBIT B VENDOR'S RESPONSE TO THE REQUEST FOR PROPOSAL DATED NOVEMBER 21,2002 ATTACHED HERETO & INCORPORATED HEREIN. 960829 11086-00001 sas 1480191 0 - 7 - CITY DIR. OF FINANCE~___~_~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: December 10, 2002 SUBJECT: Award of Contract for P.C. Workstations Prepared by: Thomas Hafeli, Information Systems Administrator RECOMMENDATION: Award a contract for Pentium based computer workstations to Tech 101 - Arcus, Inc., of Irvine, California in the amount of $92,000.70. BACKGROUND: The City recently completed a Request for Proposal (RFP) for the purpose to select a qualified vendor to pumhase seventy-f'we (75) Pentium based computer workstations. These computem will be replacing older systems that no longer meet the technical requirements necessary to run the newer applications in use at the City. A total of twenty-three (23) proposals were received and reviewed. The proposals ranged from a Iow of $92,000.70 from Tech 101 - Arcus, Inc., of Irvine, California to a high of $177,222.13. Vendor Name >C Unit Price rOTAL PRICE Tech 101 - Arcus Inc 1,226.6~ 92,000.7( Micml-ink 1,246.67 93,500.0t= z'r Group Intil inc 1,262.4s 94,686.7,~ Custom Built Solutions Inc 1,306.6E 98,001.47 Shea PC 1,309.94 98,245.5C Advanced Micro Systems Inc 1,311.5~ 98,369.21 Golden Star Technology 1,314.43 98,582.0~ Jaguar Computer Systems 1,345.8{3 100,934.81 Ar9entive 1,363.1G 102,232.5~ Dell Marketing LP. 1,378.12 103~359.1,q www.acnt.com 1~394.15 104,561.41 Gateway Companies 1,407.22 105,541.13 CompuSource 1,412.80 105,959.9~3 Computer Masters 1,495.57 112,167.7,~ Communications Professionals 1,527.50 114,562.50 Sterling Computers 1,562.38 117,178.13 ¥1arketware Technologies 1,603.80 120,285.37 E~ &L Computers 1,561.84 124,638.01 rek w~ns 1,678.02 125,851.31 3DW Government, Inc 1,700.94 127,570.78 ritan computer sen~ices 1,703.4( 127~759.51 )o It Smarter 1~822.6( 136~694.77 .3o D~[,ution 2,362.9( 177,222.t.~ Tech 101 -Arcus, Inc., of Irvine, California submitted the lowest qualified quote, meeting all the technical specifications of the RFP. FISCAL IMPACT: Adequate funds were appropriated in the 2002-03 Fiscal Year Budget for the Information Services Internal Services fund. Attachment: Request for Proposal Price Sheet - Tech 101 - Arcus Inc. Equipment Purchase Agreement EXHIBIT A REQUEST FOR PROPOSAL DATED NOVEMBER 7, 2002 ATTACHED HERETO & INCORPORATED HEREIN. 960829 11086~0001 s~ 1480191 0 - 6 - of Temecula 43200 Business Park Ddve- PO Box 9033 - Temecula, Callfomla 92689-9033 (909) 694-6444 FAX (909) 694-6498 November 7, 2002 REQUEST FOR PROPOSALS The City of Temecula, hereinafter referred to as the City, is inviting proposals for seventy five (75) Computer Workstations. The purpose of the Request For Proposal (RFP) is for the City to select a qualified firm (hereinafter referred to as '~/endor'3. Time Schedules: The following is the City's tentative schedule for the selection of a Vendor: 1. Request For Proposal Mailed: Thursday, November 7, 2002 2. Deadline for Filing RFP: Monday, November 25, 2002, no later than 4.'00 PM 3. Staff Review of Proposals: November 26 - December 10, 2002 4. Award of Contract: Wednesday, December 11, 2002 Prior to 4:00 p.m., Monday, November 25, 2002, an o~cjinal and four (4) copies of the proposal (Exhibit 'A') shall be submitted in a sealed envelope to: Via U.S. Mail: Walk-in Delivery or Courier Service: City of Temecula Attn: City Clerk P.O. Box 9033 Temecula, CA 92589-9033 City of Temecula Attn: City Clerk 43200 Business Park Dr Temecula, CA 92590 Please clearly identify the peckage- IS12-03 RFP PC Upgrade Any questions pertaining to ~is Request For Proposal may be directed to Tim Thorson, Information Systems Manager or Tom Hafeli at (909) 694-6444, FAX at (909) 694-6498. Sincerely, CITY OF TEMECULA Gus Papagolos Fiscal Services Manager RFP PC workstations 1 CITY OF TEMECULA REQUEST FOR PROPOSAL PC Workstations PART I: SELECTION CRITERIA A final contract will be awarded to the Vendor who can best meet the requirements as specified; and provide the highest quality and cost effective professional service to the City, as determined by the City Council based on the following factors (which are listed without implication of priority): Information regarding the Vendor's experience and qualifications to successfully sell generic PC Workstations. The ability and willingness of the Vendor to meet all requirements as outlined in the Specifications (see Exhibit "A"). Vendor's ability to supply copies of all current licenses and/or permits required by the City and State of California, as applicable. A list of client references and an outline of any experience the Vendor has had in meeting the needs of other governmental organizations. Name and references of any subcontractors who will be utilized to supply the services as outlined in the Specifications (see Exhibit "B"). o The thoroughness and conformity of the proposal package, cost of services to be provided, and quality of parts and materials used. Overall cost of the service to the City, including, but not limited to, pricing of the services, delivery schedule, terms of payment. Ability of Vendor to maintain adequate inventory of parts, equipment, and labor to perform all work necessary to fulfill the contract. Financial ability of Vendor to provide the services as outlined in the Specifications (see Exhibit "A"). PART I1: INSTRUCTIONS, CONDITIONS, LEGAL REQUIREMENTS Provide pricing on all requirements as outlined in Exhibit "A". If there are discrepancies between services, labor, parts, materials, maintenance costs, unit prices and extensions. The City reserves the right to clarify pricing with the affected Vendors. A failure on a Vendor's part to list all cost comPOnents related to the service will not be accepted by the City as an acceptable justification to re-quote the proposal. The City will treat the original proposal and costs provided as final. However, Vendor has the option of withdrawing a proposal at any time until a final contract Is executed. Delivery schedules shall be a part of the consideration. Time of delivery must be Stated in definite terms, and must be met. If time varies on specific items proposed, the Vendor shall so state the specific schedule to those items in the proposal sheet (Exhibit "A"). Once a Vendor has been selected for award, the City reserves the right to renegotiate delivery terms based on changing situations or the convenience of the City. RFP PC workst~lons Vendor shall provide an original and four (4) copies of the proposal upon submission. Failure to provide four (4) copies may result in disqualification from consideration for contract award, The City of Temecula has outlined the requirements herein in as much detail as is currently known. Please provide any exceptions, additional information, or suggestions that will aid in the City's selection process (attachments are acceptable). All services provided by the Vendor shall be performed in strict accordance with the manufacturer's standards and State of California specifications. Vendor will provide certification establishing that the Vendor is fully authorized by the manufacturer for the sale, distribution, installation, and support of the equipment required by this RFP. The Vendor shall defend, indemnify, and hold the City of Temecula, its officers, agents, volunteers, and employees free and harmless from any and all causes of action or claims of damages arising out of or related to the Vendor's performance under this contract. Only complete proposals received from vendors by 4:00 p.m., Monday, November 25, 2002 will be considered. 10. The City reserves the right to negotiate terms and specifications/scope of work with the highest ranked Vendor. If an agreement cannot be negotiated the City reserves the right to negotiate with any other Vendor, 11. Vendor shall identify those services that will be out-sourced to a subcontractor or sub- vendor. The Vendor will be responsible for verifying the qualifications and validity of all licenses or permits for any out-sourced work to sub-vendors. The Vendor is also responsible for paying ifs employees and any sub-vendors the Vendor hires. 12. Selected Vendor is required to comply with all existing State and Federal labor laws. Selected Vendor is also responsible for complying with all OSHA standards and requirements. If Vendor outsourcas any work or job to a sub-vendor, it will be the prime Vendors responsibility to ensure that all sub-vendors meet the requirements as stated in this RFP. 13. All work and deliverables described in Exhibit "A" must carry a three (3) year warranty for labor and parts. Vendor agrees that any out-sourced work or jobs will carry the same warranty. The Vendor warrants that all service performed shall be consistent with manufacturers specifications. The Vendor shall also warrant that any failure of materials or services within the warranty period that is traceable to materials or labor supplied during the service, shall be replaced or repaired at no additional charge to the City. 14. A contract will be awarded to the most competitively priced and qualified proposal. Although price ia of prime consideration, It la not the sole determining factor. The City reserves the right to select the appropriate firm based on the most qualified proposal. The determination of the most qualified and most competitively priced propoSal may involve all or some of the following factors: price, thoroughness of the proposal package, previous experience and performance; conformity to specifications in Exhibit UA"; financial ability to fulfill the contract; terms of payment; compatibility, as required; number of sub-vendors the main Vendor may need to employ for out-sourcad work; other costs; and other objective and accountable factors which are reasonable. RFP PC v/o~ The City reserves the right to select a Vendor to perform all of the work identified in the RFP, or only selected portions based on price and/or other factors. 15. The successful Vendor shall be an independent contractor, and nothing shall be construed to cause the Vendor to be deemed or represent itself as an agent or employee of the City. The Vendor shall defend, indemnify, and hold the City of 'l'emecula, its officers, agents, volunteers and employees harmless from any and all causes of action or claims of damages arising out or related to the Vendors performance under this contract and shall execute the City's standard form of indemnity. 16. The Vendor shall be excused from performance hereunder during the time and the extent that he/she is prevented from obtaining, delivering, repairing, or performing in the customary manner, by acts of God, fire, war, strike, and loss or shortage of transportation facilities. Vendor shall provide the City satisfactory evidence that non- performance is due to other than fault or negligence on the Vendors part. 17. Any evidence of agreement or collusion among Vendors acting illegally to restrain freedom of competition by agreement to propose a fixed price, or otherwise, will render the proposal of such Vendors void. 18. Vendor agrees that all service by the Vendor shall be to the satisfaction of authorized City personnel. In the event that the Vendor defaults on performance of any of these requiraments, then the City shall have the right to terminate this agreement upon thirty (30) days written notice delivered to the Vendor by certified mail or courier. Termination of the contract will not relieve the Vendor of any liability to the City for damages sustained by the City because of any breach of contract by the Vendor, and the City may withhold any payments to the Vendor until such time as the exact amount of damages due the City from the Vendor is determined. 19. The Vendor shall submit a list of at least five (5) references who have purchased similar products or services from the Vendor. Vendor shall provide company name, contact name and phone number for each reference. 20. The contract between Vendor and the City is non-transferable. Vendor shall under no circumstances assign the agreement without written permission of the City. Vendor shall notify the City, in writing, of any change in shop ownership at least thirty (30) days prior to said change. 21. The Vendor's proposal shall include the price for the most up to date, high quality, and state of the art Generic stand alone Personal Computer Workstation, as outlined in the Specifications (Exhibit 'A'). 22. All of the equipment described in the Exhibit 'A' must carry a full three year warranty. Vendor shall also fully describe the terms of all warranties received from the manufacturer. 23. The standard form of the City's Equipment Purchase Agreement is attached hereto as Exhibit 'C'. The selected Vendor will be required to enter into this Agreement. By submitting a Proposal, Vendor certifies to the City that h~she has reviewed the Specifications of the RFP and the terms of the Agreement and has incorporated all direct and indirect costs of complying with Specifications and the Agreement into its Proposal. The City's terms for payment are net 30 upon receipt of invoice. Vendor shall submit invoices between the first and fifteenth business day of each month for services provided RFP PC workstations 4 25. in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all undisputed fees. Prohibited Interest - No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. PART II1: GENERAL INFORMATION Vendor is required to carefully and fully investigate all of the requirements of this RFP. By submitting a Proposal, Vendor represents and certifies to the City that such investigation has been completed and that it fully understands the Specifications. The Specification Sheet (Exhibit 'A") shall be signed by an authorized official of the company. The City reserves the right to reject any and all proposals where deemed necessary in City's sole discression. The City will not reimburse Vendors for any costs involved in the preparation and submission of proposals. Furthermore, this RFP does not obligate the City to accept or contract for any expressed or implied services. Nothing herein shall be construed as an offer. The City reserves the right to request any Vendor submitting a proposal to clarify its proposal or to supply additional material deemed necessary to assist in the selection process. If an Exhibit 'A" requirement cannot be met by a Vendor, then the Vendor should submit a 'No Proposal" response for the items affected. Alternate or equivalent items may be submitted for consideration by the City, unless otherwise specified. All submitted proposals and information Included therein or attached thereto shall become public records upon contract award. Vendor is requested to provide any exceptions, additional information or suggestions that will aid in the City's selection process. The attached Exhibit "A" is a suggested list only. If Vendor needs to revlee or make additions to the exhibit, computer or typed alterations are allowed as long es the City format Is maintained. 10. Any questions regarding this RFP should be referred to Mr. Tim Thorson, Information Systems Manager, at (909) 694-6~.~.~., or emailed to thorsont@cityoftemecula.org. Questions may also be mailed or delivered to the address stated herein. RFP PC workstations 5 CITY OFTEMECULA REQUEST FOR PRICE PROPOSAL SHEET EXHIBIT A PART h EQUIPMENT SPECIFICATIONS Qty Description Unit Price Extended 75 - Personal Computer Workstation ATX Mid-Tower Case w/30OW/UL Power Supply (Must comply with Part 15 of FCC Rules) Intel Motherboard 845EBG2L,533MHz w/integrated audio/LAN Intel Pentium4 2,40 GHz/533/512 Processor 512MB 184 Pin DDR PC2100 Memory Western 40GB Hard Drive (Minimum 7200rpm) 3 ~ Teac Floppy Drive Sony 16X DVD Drive ATI Radeon 7500 64 MB DDR AGP Video Card Genedc Speakers 75 - Microsoft Natural Keyboard Elite 75 - Logitech Wheel Mouse Optical 75- ViewSonic View Panel VE155 75 - Windows XP Professional Three year on-site parts and labor warranty on all Hardware PART Ih PRICING ITEM TOTAL Equipment per specifications (PART I) Delivery Charges Sales Tax (Temecula 7.75%) Other Costs (Please Identify) TOTAL PRICE Vendor Name:. Contact; Address:. City/St/Zip: Phone:. Fax:. Fed Tax ID:. By signing this RFP, Vendor has read and will comply with all terms and conditions herein. Signatura: Date: RFP PC workstations 6 EXHIBIT B STATEMENT OF QUALIFICATIONS Attach a statement of qualifications outlining vendor's corporate profile and experience in providing (insert requirement) required by this RFP. 2. Attach a list of client references, to include the following information for each reference: Reference Company Name Point of Contact Company Street Address City, State, Zip Code Telephone Number 3. Attach a copy of all City, County, Federal and State licenses required, as applicable. 4. Early Pay Discount: A __ % discount is offered for payment within __ days. (Note: No less than 15 days will be considered for purpose of bid evaluation). By signing this RFP, Vendor has read and will comply with all terms and conditions herein. Signature of Authorized Representative Name and Title RFP PC workstations 7 EXHIBITC EQUIPMENT PURCHASE AGREEMENT This Pumhaee Agreement ("Agreement") is made as of ,2002, by and between the City of Temecula ("City"), a municipal corporation, and ("Vendor"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Purchase and Sale of Equipment. On and subject to the terms and conditions set forth in this Agreement and the Contract Documents, Vendor agrees to sell and deliver to City a as more particularly described in Exhibit A, Equipment Specifications, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment"). 2. Purchase Price. The Pumhase Price which City agrees to pay to Vendor for the Equipment is Dollars ($ .00) The Pumhase Price is final and shall be paid by City to Vendor in accordance with the following schedule: · [Add additional language regarding unit pricing if applicable.] 3. Representations and Warranties of Vendor. representations and warranties to City: Vendor makes the following a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any pemons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title end Operating Condition. Vendor has good and marketable title to all of the Equipment. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Contract Documents. Vendor is aware that City is purchasing the Equipment for use as and that City is relying on Vendor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contain or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 4. 'nme of Delivery. The date and time of delivery of the Equipment shall be on or before 5. Place of Delivery. The Equipment shall be delivered to this location: 43200 Business Park Drive, Temecula, California 92590. RFP PC workstations 8 EXHIBIT C 6. Title and Risk of Loss. Title to and the risk of loss, damage and destruction of the Equipment shall remain with the Vendor until after inspection and acceptance of the Equipment by City. 7. Inspection and Acceptance, City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 8. Rejection. In the event of such notice of non-conformity by City pursuant to Section 7, City may, at its option, (1) reject the whole of the Equipment, (2) accept the whole of the Equipment, or (3) accept any commemial unit or units of the Equipment and reject the remainder. The exemise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 9. No Replacements of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the Equipment tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 10. Maintenance. Vendor shall maintain the Equipment in accordance with the terms of the maintenance schedule attached hereto as Exhibit D, and incorporated herein by this reference as though set forth in full. In performing the maintenance of the Equipment, Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its maintenance obligations under this Agreement. 11. Indemnification. Vendor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, damages, costs and liability of any kind or nature which the City, its officers, officials, employees, agents or volunteers 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 or from the Equipment or Vendor's maintenance thereof, excepting only liability adsing out of the sole negligence of the City. 12. Contract Documents. a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: (1) Request for Proposal dated ., 2002, attached hereto as Exhibit B; (2) Vendor's response to the Request for Proposal dated ., 2002, attached hereto as Exhibit C, except for b. In the event any term or condition of the Contract Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. RFP PC ~orkstaflons 9 EXHIBIT C c. In the event of a conflict in terms between this Agreement, the RFP and/or the Vendor's response to the RFP, this Agreement shall prevail over the RFP and the Vendor's Response to the RFP, and the RFP shall prevail over the Vendor's Response to the RFP. 13. Remedlee. The remedies and rights conferred on the City by this Agreement ara in addition to and cumulative with all other remedies and rights accorded the City under law or equity. 14. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement. 15. Legal Responsibilities. The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 16. Assignment. This Agreement may not be assigned by Vendor without the express written consent of City. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal rapresentatives, successors and assigns. 17. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agraement be construed to remain fully valid, enforceable, and binding on the parties. 18. PROHIBITED INTEREST. Prohibited Interest - No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the pmcaeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, office or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disslosura of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of T~tle I of the Government Code of the State of California. 19. Entire Agreement; Modification; Waiver. This Agreement, constitutes the entira agreement between the parties pertaining to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether oral or written. No supplement, modification or amendment of this Agreement or the Contract Documents shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement or the Contract Documents shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. RFP PC ~orkstations 10 EXHIBIT C 20. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third business day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, or on the first business day after being deposited with an overnight carrier for delivery the next business day, and properly addressed as follows: To Vendor at: To City at: City of Temecula 43200 Business Park Drive Temecula, California 92589 Attn: Information Systems Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address in the manner set forth above. 21. Effects of Headings. The subject headings of the sections and subsections of this Agreement are included for convenience only and shall not affect or be considered in the construction or interpretation of any of its provisions. 22. Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. //// RFP PC workstations 11 EXHIBIT C IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on the day and year first above wdtten. CITY OF TEMECULA Mayor ATTEST: Susan W. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney Vendor Name Address Addmss RFP PC v~or~stat!ons 12 EXHIBIT B VENDOR'S RESPONSE TO THE REQUEST FOR PROPOSAL DATED NOVEMBER 21,2002 ATTACHED HERETO & INCORPORATED HEREIN. 960829 11086-00001 sas 1480191 0 - 7 - CITY OF TEMECULA REQUEST FOR PRICE PROPOSAL SHEET EXHIBIT B PART I: '. EQUIPMENT SPECIFICATIONS Qb/ Description Unit Pdce Extended 75 - Personal Computer Workstation ATX Mid-Tower Case w/30OW/UL Power Supply (Must comply with Part 15 of FCC Rules) Intel Motherboard'845EBG2L,533MHz w/integrated audio/LAN Intel Pentium4 2.40 GHz/533/512 Processor 512MB 184 Pin DDR PC2100 Memory Western 40GB Hard Ddve (Minimum 7200rpm) 3 ½ Teac Floppy Ddve Sony 16X DVD Drive ATI Radeon 7500 64 MB DDR AGP Video Card Genedc Speakem $598.98 $44,923.50 75 - Microsoft Natural Keyboard Elite $20.41 $1,530;75 75 - Logitech Wheel Mouse Optical $12.25 $918.75 75 -ViewSonic View Panel VE155 . $314.29 $23,571.7~ 75 -Windows XP Professional $137.76 $10,332.00 Three year on-site parts and labor warranty on all Hardware $50.00 $3,750.00 PART Ih PRICING i'1 EM TOTAL Equipment per specifications (PART I) ;81,276,75 Delivery Charges N..ot~e: based: upon a s:i:nc/le .delivery'. $675.00 ' Sales Tax ('TemeculaT.75%) $ 6,298.95 Othe. r Costs (Please identify) -NON~-- -0- TOTAL PRICE $92,000.7(3 Vendor Name: Tech .101 -Arcus t Inc. Contam:Gregory L, Horn Address: 16812 Millikan Ave. City/St/Zip: Irvine, CA 92606 Phone. 949-261-5141 Fax:.949-622-6649 FedTaxlD: 33-0743256 By signing th~e~d~o,r h~d will comply with all ten'ns and conditions herein. Signature: Date:. 11/21/02 RFP PC workstations 6 ITEM 8 APPROVAL , FINANCE DIRECTOR CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Susan W. Jones, CMC, City Clerk January 14, 2003 Records Destruction Approval PREPARED BY: Gwyn R. Flores, Records Coordinator RECOMMENDATION: Approve the scheduled destruction of certain City records in accordance with 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 State of California Government Code, Sections 34090 through 34090.7. Attached Exhibit A, lists various records from the Building & Safety Department and has been imaged and identified within Groups IV of the Records Retention Schedule as outlined in attached Exhibit A. The imaging of these records complies with the requirements of Government Code Section 34090.5. The City Attorney has reviewed this request and has signed the Exhibits, as provided for in Resolution No. 92-17. ATTACHMENTS: Destruction of Records Request, Building & Safety Department Exhibit A, List of Records recommended for destruction TO: FROM: DATE: SUBJECT: Susan W. Jones, CMC, City Clerk Gwyn R. Flores, Records Coordinator January 14, 2003 Request for Destruction of Records Attached Exhibit A is a listing of records maintained in the City's Building and Safety Department. The documents identified in Group IV have been imaged into the City's LaserFiche Imaging System and are eligible for destruction in accordance with the City of Temecula's approved Retention Policy as outlined in "Exhibit 1", Schedule A, of Resolution No. 92-17. The imaging of these records complies with the requirements of Government Code Section 34090.5. The undersigned have reviewed and approved this destruction request. Pursuant to the requirements of Government Code Section 34090.5, 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. R: \ forms\desU'uct .rqs EXHIBIT "A" CITY OF TEMECULA RECORDS MANAGEMENT DESTRUCTION FILE REPORT 162 Vadous Building Building Plans 401-02/Group IV LaserFiche Plans (See Attached List) 162 Various Boxes Residential & 805-07 LaserFiche 4,5,6,7, Commercial Building 21-33 Permits (See Attached List) Buildin~l Plans 31083 Avenida Buena Suede 27439 Boxtik Ct. 41915 Business Park Dr. 43210 Business Park Dr. 43385 Business Park Dr. 43397 Business Park Dr. 31777 Calle Chapos 43845 Calle De Velardo 44011 Calle De Velardo 31260 Calle Felicidad 30969 Calle Fiesta 40545 Calle Fiesta 30980 Calle Fuente 40300 Calle Torcida 40610 Calle Torcida 40517 Ca~elita Cr. 27690 Commerce Center Dr. 27705 Commerce Center Dr. 40761 County Center Dr. 40980 County Center Dr. 40980 County Center Dr. 30370 De Portola Rd. 27565 Diaz Rd. 41635 Enterprise Cimle 41635 N. Enterprise Cr. 30545/30555 Estero 41719 Fosse Way 28410 Front St. 28464 Front St. 28545 Front St. 24850 Hancock 31677 Highway 79 South 31693 Highway 79 South 31725 Highway 79 South 31789 Highway 79 South 31805 Highway 79 South 31829 Highway 79 South 31837 Highway 79 South 31845 Highway 79 South 31960 Highway 79 South 31990 Highway 79 South 31990 Highway 79 South 32110 Highway 79 South 32120 Highway 79 South 32130 Highway 79 South 33195 Highway 79 South 33195 Highway 79 South 33215 Highway 79 South 33293 Highway 79 South 31014 Jedediah Smith Rd. 27338 Jefferson Ave. 27470 Jefferson Ave. 27472 Jefferson Ave. 27622 Jefferson Ave. 28134 Jefferson Ave. 31211 Kahwea Rd. 29800 La Co[ima Rd. 40520 La Cotima Rd. 30445 La Presa Loop 39515 Leifer Rd. 42130 Lyndie Lane 41964 Main St. 27310 Madison 27310 Madison #101-104 31149 Mariposa PI. 40390 Margarita Rd. 41238 Margarita Rd. 42009 Margarita Rd. 41895 Motorcar Parkway 31087 Nicolas Rd. 33203 Old Kent Rd. 28693 Old Town Front St. 28964 Old Town Front St, 43795 Paulita Rd. 31705 Pio Pico 31720 Pio Pice Rd. 44501 Rainbow Canyon Rd, 44501 Rainbow Canyon Rd. 28751 Rancho Califomia Rd. 28751 Rancho California Rd. 29375 Rancho Califomia Rd. 29530 Rancho Califomia Rd. 29676 Rancho Califomia Rd. 29740 Rancho California Rd. 30000 Rancho California 30000 Rancho California Rd. 30100 Rancho California Rd. 30900 Rancho California Rd. 43191 Rancho Way 27413 Remington Ave. 42540 Rio Nedo 42620 Rio Nedo 42640 Rio Nedo 42685 Rio Nedo 42680 Santa Suzanne 29851 Santiago Rd. 29775 Santiago Rd. 41645 Sixth St. 4218O Sixth St. 42220 Sixth St. 44000 Vallejo Ave. 30095 Via De La Mesa 30098 Via Node 30575 Via Norte 30256 Via Val Verde 40150 Winchester Rd, 40275 Winchester Rd. 40285 Winchester Rd, 40285 Winchester Rd. 40295 Winchester Rd. 40335 Winchester Rd. 40355 Winchester Rd. 40365 Winchester Rd. 40390 Winchester Rd. 40405 Winchester Rd. 40412 Winchester Rd. 40435 Winchester Rd. 40458 Winchester Rd. 40665 Winchester Rd. 40705 Winchester Rd. 40705 Winchester Rd. 40720 Winchester Rd. 40758 Winchester Rd. 40780 Winchester Rd. 40810 Winchester Rd. 40810 Winchester Rd,, Bldg, B 40820 Winchester Rd. 40820 Winchester Rd. 40820 Winchester Rd. 40820 Winchester Rd., Suite 1960 40820 Winchester Rd., Suite 1010 40820 Winchester Rd., Suite 1850 40820 Winchester Rd. Suite 1940 40820 Winchester Rd. Suite 2270 40820 Winchester Rd. Suite 2330 40820 Winchester Rd, Suite 2710 40900 Winchester Rd. 41735 Winchester Rd. 41790 Winchester Rd. 42299 Winchester Rd. 42409 Winchester Rd. 42440 Winchester Rd. 43920 Windcrest Lane 32830 Wolf Store Rd. 32836 Wolf Store Rd. #2 26040 Ynez Rd. 26090 Ynez Rd. 26109 Ynez Rd. 26403 Ynez Rd. 20407 ~Ynez Rd. 26478 Ynez Rd. 26480 Ynez Rd. 26480 Ynez Rd. 26520 Ynez Rd. 26531 Ynez Rd. 26610 Ynez Rd. 26610 Ynez Rd. 26610 Ynez Rd. 26755 Ynez Rd. 26799 Ynez Rd. 26799 Ynez Rd. 27360 Ynez Rd. 27450 Ynez Rd. 27453 Ynez Rd. 27471 Ynez Rd. 27476 Ynez Rd. 27480 Ynez Rd. 27520 Ynez Rd. 27555 Ynez Rd. 27555 Ynez Rd., Suite 102 27644 Ynez Rd. 29999 Ynez Rd. 42000 Zevo Dr. Tract 16178 Tract 19872 Tract 21430-1 Tract 21674-0 Tract 21818 Tract 22716 Tract 22915 Tract 22915-1 Tract 22916-1 Tract 23100-1 Tract 23100-3 Tract 23100-6,7,8 Tract 23100-8 Tract 23125 Tract 23125-3 Tract 23126 Tract 23143 Tract 23143 Tract 23143-1 Tract 23143-2 Bldg. Ptans Page 1 of 2 Tract 23143-3 Tract 23143-3 Tract 23267 Tract 23267 Tract 23371-2 Tract 23371-2 Tract 23371-3 Tract 23371-5 Tract 23371-6 Tract 23371-6 Tract 23371-6 Tract 23371-9 Tract 23371-9 Tract 23583 Tract 24131-1 Tract 24131-1, -3 Tract 24131-2 Tract 24133 Tract 24133-5 Tract 24136-1 Tract 24182-1 Tract 24182-3 Tract 24182-3 Tract 24182-4 Tract 24183-1 Tract 24183-4 Tract 24184-1 Tract 24185 Tract 24186-I Tract 24186-F Tract 24188-1 Tract 26861 Tract 28482 Tract 28482-2 Tract 28482-3 Tract 28482-3 Tract 28510 Tract 28510 Tract 28510 Tract 28510-1 Tract 28510-1 Tract 28810 Tract 28810 Tract 28850 Tract 28850 Tract 29033 Tract 29033 Tract 29033 Tract 29286 Tract 32682 Mission V~llage Apartments Temecula Museum The Fountains Apartments B~dg. Plans Page 2 of 2 Box 4: (Page 1 of 6) 39872 HARVESTON DR. 31333 HEITZ LN. 44115 HIGHLANDER DR. 30612 HOLLYBERRY LN. 41862 HUMBER DR. 42019 HUMBER DR. 31379 INVERNESS CT. 39721 JACARANDA CT. 43143 JAMARA CT. 433155 JAMARA CT. 43167 JA_MARA CT. 43179 JAMARA CT. 43191 JAMARA CT. 30623 JEDEDIAH SMITH RD. 27521 JIMSON CR. 32926 JOSHEROO CT. 31083 KAHWEA RD. 31124 KAHWEA RD. 31205 KAHWEA RD. 30835 KIOWA RIVER CT. 43026 KNIGHTSBRIDGE WY. 43040 KNIGHTSBRIDGE WY. 43084 K_NIGHTSBR]DOE WY. 39902 HARVESTON DR. 31389 HE1TZ LN. 40170 HOLDEN CR. 41780 HUMBER DR. 41954 HUMBER DR. 31369 INVERNESS CT. 30575 IRON BARK CT. 43132 JAMARA CT. 43144 jAMARA CT. 43156 JAMARA CT. 43168 JAMARA CT. 43180 JAMARA CT. 43192 JAMARA CT. 44040 JERAMIE DR. 43990 JOI-IN WARNER RD. 42110 KAFFIRBOOM CT. 31088 KAHWEA RD. 31160 KAHWEA RD. 45624 KIMO ST. 30882 KIOWA RIVER CT. 43037 KNIGHTSBRIDGE WY. 43053 KNIGHTSBRIDGE WY. 43110 KNIGHTSBRIDGE WY. Box 4: (Page 2 of 6) 43109 KNIGHTSBRIDGE WY. 39698 KNOLLRIDGE DR. 40520 LA COLIMA RD. 40702 LA COLIMA RD. 29800 LA CARONA CT. 30044 LA PRIMA VERA 31187 LAHONTAN ST. 31539 LAKFRIDGE CT. 31546 LAKERIDGE CT. 31557 LAKERIDGE CT. 31563 LAKERIDGE CT. 31569 LAKERIDGE CT. 31575 LAKERIDGE CT. 31581 LAKERIDGE CT. 31588 LAKERIDGE CT. 43105 LANCASHIRE COMMON 43145 LANCASHIRE COMMON 43158 LANCASHIRE COMMON 43174 LANCASHIRE COMMON 43190 LANCASHIRE COMMON 43885 LARINO CT. 42740 LAS VIOLETrAS CT. 30050 LAUREL CRF~K DR. 39622 KNOIJRIDGE DR. 39779 KNOIJ~RIDGE DR. 40720 LA COLIMA RD. 40756 LA COLIMA RD. 30043 LA PRIMA VERA ST. 30056 LA PRIMA VERA ST. 31200 LAHONTAN ST. 31545 LAKERIDGE CT. 31552 LAKERIDGE CT. 31558 LAKER1DGE CT. 31564 LAKERIDGE CT. 31570 LAKERIDGE CT. 31576 LAKERIDGE CT. 31582 LAKRRIDGE CT. 43102 LANCASHIRE COMMON 43135 LANCASHIRE COMMON 43150 LANCASHIRE COMMON 43168 LANCASHIRE COMMON 43182 LANCASHIRE COMMON 433198 LANCASHIRE COMMON 43938 LARINO CT. 30043 LAURFJ. CRRRK DR. 30051 LAUREL CRF. F.K DR. Box 4: (Page 3 of 6) 30059 LAURRI. CRRRK DR. 30075 LAUREL CRRI~.K DR. 38320 LIEFER RD. 39401 I,II~,FER RD. 39633 ! JEFER RD. 30835 LOLITA RD. 30980 LOMALINDA RD. 41480 LUIZ DEL SOL 31658 LOMALINDA RD. 31715 LOMALINDA RD. 31742 LOMALINDA RD. 39760 LONGLEAF ST. 39839 LONGLEAF ST. 39420 LONG RIDGE DR. 30021 LOS NOGAI,F,S RD. 32441 MAGENTA 42200 MAIN ST. 43017 MANCHESTER CT. 43046 MANCESTER CT. 43065 MANCESTER CT. 30067 MANZANITA CT. 33606 MAPLEWOOD CT. 43143 MARTINA CT. 30067 LAUREL CRR~,K DR. 30082 LAUREL CRRRK DR. 41601 LAUREL VALLEY RD. 39517 LIEFER RD. 30770 LINKS CT. 30941 LOMA LIN'DA RD. 39819 LONGLEAF ST. 31580 LOMALINDA RD. 31664 LOMALINDA RD. 31741 LOMA LIN-DA RD. 39657 LONG RIDGE DR. 39830 LONGLEAF ST. 39879 LONGLEAF ST. 29935 LOS NOGAI,ES RD. 41480 LUIZ DEL SOL 45346 MAGUEY CT. 27146 MAJELLO CT. 43030 MANCESTER CT. 43054 MANCESTER CT. 30037 MANZAN1TA CT. 43395 MANZANO DR. 43208 MATERA CT. 43150 MARTINA CT. Box 4: (Page ~ of 6) 43153 MARTINA CT. 43163 MARTINA CT. 43171 MARTINA CT. 43180 MARTINA CT. 43190 MARTINA CT. 43140 MARTINA CT. 43485 MEADOWS PKWY. 30834 MEDINAH WY. 30847 MF~DINAH WY. 30855 MEDINAH WY. 30864 IvY, DINAH WY. 30874 M~,DINAH WY. 30884 MEDINAH WY. 30894 M~,DINAH WY. 30903 Mg~DINAH WY. 30911 M~DINAH WY. 30919 MEDINAH WY. 30927 MEDINAH WY. 30943 lv~DINAH WY. 32004 MERLOT CREST 30266 MILANO RD. 30584 MILANO RD. 40191 MIMULUS WY. 43160 MARTINA CT. 43170 MARTINA CT. 43179 MARTINA CT. 43187 MARTINA CT. 43195 MARTINA CT. 3~3376 MEADOWS PKWY. 30797 M~DINAH WY. 30839 MF~DINAH WY. 30854/V~DINAH WY. 30863 IV~DINAH WY. 30871 IVlEDINAH WY. 30879 lv~DINAH WY. 30887 MEDINAH WY. 30895 MI=~DINAH WY. 30904 M~DINAH WY. 30914 MEDINAH WY. 30924 Mg. DINAH WY. 30935 MEDINAH WY. 30951 MEDRqAH WY. 30028 MILANO RD. 30536 MII,,MNO RD. 40153 MIMULUS WY. 40293 MIMULUS WY. Box 4 .' (Page 5 of 6) 29500 MIRA LOMA DR. 29870 MIRA LOMA DR. 30240 MIRA LLOMA DR. 31122 MIRA LOMA DR. 43327 MODENA DR. 43392 MODENA DR. 43462 MODENA DR. 43585 MODENA DR. 43562 MODENA DR. 41740 MONTEREY PL. 41752 MONTEREY PL. 41764 MONTEREY PL. 41776 MONTEREY PL. 41788 MONTEREY PL. 30656 MOONTIDE CT. 41915 MOTORCAR PKWY. 44900 MUIRFIELD DR. 43509 NANTES CT. 43539 NANTES CT. 43560 NANTES CT. 32860 NAPLES CT. 41707 NIBLICK RD. 27500 NEIJ JE CT. 29670 MIRA LOMA DR. 29910 MIRA LOMA DR. 30245 MIRA LOMA DR. 43302 MODENA DR. 43391 MODENA DR. 43432 MODENA DR. 43535 MODENA DR. 43542 MODENA DR. 41023 MONTELENA CR. 41746 MONTEREY PL. 41758 MONTEREY PL. 41770 MONTEREY PL. 41782 MONTEREY PL. 29705 MONTE VERDE RD. 41919 MORENO RD. 41925 MOTORCAR PKWY. 45014 MUIRFIELD DR. 43530 NANTES CT. 43559 NANTES CT. 43569 NANTES CT. 32865 NAPLES CT. 31177 NASSAU CT. 27505 NEII~IE CT. Box 4: · (Page 6 of 6) 27510NELLIECT. 27520NELLIECT. 27530NELLIECT. 27540NELLIECT. 27565NELLIECT. 27585NELLIECT. 41725NIBLICKRD. 33367 NICHOLAS COMMON 31895 NICOLAS RD. 33060 NICHOLAS COMMON 33399 NICHOLAS COMMON 29703NIGHTCREST CR. 43011NOBLECT. 43040NOBLECT. 43061NOBLECT. 43072NOBLECT. 27515NELLIECT. 27525NELl.m CT. 27535NFJJ.I~.CT. 27545NFJJ.mCT. 27580NELLIECT. 27590NELIII~.CT. 33359 NICHOLAS COMMON 33383 NICHOLAS COMMON 33340 NICHOLAS COMMON 33380 NICHOLAS COMMON 29700NIGHTCRF_3T CR. 43010 NOBLE CT. 43020NOBLECT. 43051NOBLE CT. 43064 NOBLE CT. 43957NORTHGATEAVE. Page 1 of 6 39780 OAK CLIFF DR. 30969 OAK CLIFF DR. 31037 OAK HILL DR. 40168 ODESSA DR. 40208 ODESSA DR. 40233 ODESSA DR. 40268 ODESSA DR. 40283 ODESSA DR. 40293 ODESSA DR. 40388 ODESSA DR. 42001 ORANGE BLOSSOM DR. 42021 ORANGE BLOSSOM DR. 42121 ORANGE BLOSSOM DR. 29755 ORCHID CT. 29770 ORCFflD CT. 29779 ORCI-~D CT. 40919 OVERLAND DR. 42066 PACIFIC OROVE WY 42090 PACIFIC GROVE WY 44183 PARC~,A CT. 40250 PASEO DEL SOL 40396 PASEO DEL CIELO Box 5 30964 OAK CLIFF DR. 31008 OAK l-m'.L DR. 31064 OAK HILL DR. 40203 ODESSA DR. 40228 ODESSA DR. 40263 ODESSA DR. 40273 ODESSA DR. 40288 ODESSA DR. 40328 ODESSA DR. 28635 OLD TOWN FRONT ST. 42011 ORANGE BLOSSOM DR. 42031 ORANGE BLOSSOM DR. 29750 ORCHID CT. 29763 ORCHID CT. 29771 ORCHID CT. 43200 ORMSBY RD. 42054 PACIFIC GROVE WY 42078 PACIFIC GROVE WY 45387 PALA RD. 45959 PARSIPPANY CT. 40350 PASEO DEL CIELO 40340 PASEO SERENO Box 5: (Page 2 of 6) 40165 PASEO SERENO 32795 PATERNO ST. 32894 PATERNO ST. 30470 PAUBA RD. 30652 PAUBA RD. 30300 PECHANGA DR. 32329 PENSADOR ST. 32389 PENSADOR ST. 30975 PESCADO DR. 42040 PINE NEEDLE ST. 41205 PINE TREE CR. 31540 PIO PICO RD. 31705 PIO PICO RD. 45485 PIUTE ST. 41308 PLACER LAFITE 30725 POINTWOODS CT. 30768 POINTWOODS CT. 43102 PRIMAVERA DR. 43118 PRIMAVERA DR. 41025 PROMENADE CHARDONNAY 41031 PROMENADE CHARDONNAY 41081 PROMENADE CHARDONNAY 41095 PROMENADE CHARDONNAY 40365 PASEO SERENO 32824 PATERNO ST. 32960 PATERNO ST. 31950 PAUBA RD. 43795 PAUL1TA RD. 32316 PENSADOR ST. 32332 PENSADOR ST. 30964 PESCADO DR. 31010 PESCADO DR. 42076 PINE NEEDLE ST. 41253 PINE TREE CR. 31690 PIO PICO RD. 31720 PIO PICO RD. 41253 PLACER LAFITE 41322 PLACER LAF1TE 30737 POINTWOODS CT. 30816 POINTWOODS CT. 43110 PRIMAVERA DR. 43159 PRIMAVERA DR. 41028 PROMENADE CHARDONNAY 41067 PROMENADE CHARDONNAY 41087 PROMENADE CHARDONNAY 41149 PROMENADE CHARDONNAY Box 5: (Page 3 of 6) 43051 PUDDING CT. 43132 PUDDING CT. 32463 PUERTO ORO ST. 32487 PUERTO ORO ST. 32511 PUERTO ORO ST. 32535 PUERTO ORO ST. 28801 PUJOL ST. 45004 PUTTING FIELD CT. 45494 RAINBOW CANYON RD. 27065 RAINBOW CREEK DR. 29745 RAMSEY CT. 42607 REMORA ST 43525 RIDGE PARK DR. 42029 ROANOAKE ST. 42181 ROANOAKE ST. 32476 VIA DESTELLO 32426 ROSA CT. 32435 ROSA CT. 32443 ROSA CT. 32451 ROSA CT. 32459 ROSA CT. 32467 ROSA CT. 32475 ROSA CT. 43104 PUDDING CT. 43133 PUDDING CT. 32475 PUERTO ORO ST. 32499 PUERTO ORO ST. 32523 PUERTO ORO ST. 28681 PUJOL ST. 29002 PUJOL ST. 27097 QUA[I. CRI~,IR, K CT. 27065 RAINBOW CREEK DR. 27195 RAINBOW CRF. EK DR. 30351 RED RIVER CT. 44870 REIN CT. 31085 RIVERTON LN 42084 ROANOAKE ST. 40180 RORIPAUGH RD. 32427 ROSA CT. 32434 ROSA CT. 32442 ROSA CT. 32450 ROSA CT. 32458 ROSA CT. 32466 ROSA CT. 32474 ROSA CT. 32482 ROSA CT. Box 5: (Page 4 of 6) 32483 ROSA CT. 32491 ROSA CT. 27439 ROSEBAY CT. 32891 ROVATO ST. 31361 ROYAL OAKS DR. 31367 ROYAL OAKS DR. 31373 ROYAL OAKS DR. 31615 ROYAL OAKS DR. 42079 RUBICON CR 41272 RUE JADOT 41288 RUE JADOT 41296 RUE JADOT 41304 RUE JADOT 41312 RUE JADOT 41347 RUE JADOT 41333 SALT RIVER CT. 30352 SAN PASQUAL RD. 31531 SANDIqTLI, LN. 31551 SANDHILL LN. 31571 SANDHII~L LN. 31591 SANDHILL LN 31601 SANDHILL LN. 31618 SANDI-Ill J. LN. 32490 ROSA CT. 32498 ROSA CT. 32821 ROVATO ST. 31358 ROYAL OAKS DR. 31364 ROYAL OAKS DR. 31370 ROYAL OAKS DR. 31376 ROYAL OAKS DR. 42038 RUBICON CR. 42177 RUBICON CR 41280 RUE JADOT 41291 RUE JADOT 41299 RUE JADOT 41307 RUE JADOT 41320 RUE JADOT 39802 RUSTIC GLEN DR. 41342 SALT RIVER CT. 30650 SAN PASQUAL RD. 31541 SAND/trILL LN. 31561 SANDI4~ J, LN. 31581 SANDHILL LN. 31600 SANDIq~ J~ LN. 31611 SANDHILL LN. 31621 SANDI-I~ I ~ LN. Box 5: (Page 5 of 6) 31628 SANDIqll J. LN. 31638 SANDI-Iil J, LN. 31648 SANDHII,I, LN. 31661 SANDI-m'L LN. 31782 SAN]DIll[ JL LN. 30030 SANTA CECILIA DR. 30250 SANTIAGO RD. 43845 SASSARI ST. 43511 SAVONA ST. 43594 SAVONA ST. 43620 SAVONA ST. 43628 SAVONA ST. 43644 SAVONA ST. 43660 SAVONA ST. 43676 SAVONA ST. 43684 SAVONA ST. 43697 SAVONA ST. 41224 SEA ISLAND CT. 31680 SEBASTIANI CR. 31439 SEMINOLE ST. 43175 SERENO DR. 39528 SHADOW VIEW CT. 31101 SHICALI CT. 31631 SANDI-m J. LN. 31641 SANDI-m J, LN. 31651 SANDI¥11 J, LN. 31671 SANDI-III'J~ LN. 31807 SANDHILL LN. 42836 SANTA SUZANNE PL. 30270 SANTIAGO RD. 43853 SASSARI ST. 43522 SAVONA ST. 43619 SAVONA ST. 43625 SAVONA ST. 43636 SAVONA ST. 43652 SAVONA ST. 43668 SAVONA ST. 43679 SAVONA ST. 43692 SAVONA ST. 43700 SAVONA ST. 31645 SEBASTIANI CR. 31369 SEMINOLE ST. 30392 SENELA CT. 44826 SHALE CR. 30465 SHENANDOAH CT. 31117 SHICALI CT. Box 5: ~Page 6 of 6) 41875 SHOREWOODCT. 43127 SIENA DR. 43137 SIENA DR. 43147SIENADR. 43126 SIENADR. 43136 SIENADR. 43146 SIENA DR. 43156 SIENA DR. Page 1 of 5 43157 SIENA DR. 43176 SIENA DR. 43186 SIENA DR. 43197 SIENA DR. 30549 SIERRA MADRE 30252 SILVER RIDGE CT. 41810 SKYWOOD DR. 27600 SONORA CR. 27636 SONORA CR. 27672 SONORA CR. 27602 STANFORD DR. 30591 SOUTHERN CROSS RD. 27410 STANFORD DR. 27433 STANFORD DR. 27449 STANFORD DR. 27457 STANFORD DR. 27470 STANFORD DR. 27480 STANFORD DR. 27488 STANFORD DR. 27496 STANFORD DR. 27504 STANFORD DR. Box 6 43166 SIENA DR. 43177 SIENA DR. 43187 SIENA DR. 30262 SIERRA MADRE 30231 SILVER RIDGE CT. 30741 SKY TERRACE DR. 31431 SONOMA LN. 27624 SONORA CR. 27672 SONORA CR. 27691 SONORA CR. 31431 SONOMA LN. 42123 SOUTHERN I-m.l S DR. 27430 STANFORD DR. 27440 STANFORD DR. 27450 STANFORD DR. 27460 STANFORD DR. 27473 STANFORD DR. 27481 STANFORD DR. 27489 STANFORD DR. 27497 STANFORD DR. 27505 STANFORD DR. "Box 6: (Page 2 of~) 27512 STANFORD DR. 27520 STANFORD DR. 27528 STANFORD DR. 27536 STANFORD DR. 27544 STANFORD DR. 27552 STANFORD DR. 27560 STANFORD DR. 27465 STANFORD DR. 27570 STANFORD DR. 27580 STANFORD DR. 27590 STANFORD DR. 27600 STANFORD DR. 40109 STARLllNG ST. 42211 STONEWOOD RD. 31238 SUNNINGDAI JF, DR. 31322 SUNNINGDALE DR. 31346 SUNNINGDAI,E DR. 31502 SUN1NINGDAI~E DR. 31515 SUNNINGDAI,E DR. 31527 SUNNI~GDAI ~g. DR. 31539 SUNNINGDAI~M DR. 31551 SUNNINGDAI,E DR. 27496 SWA~,~ OW CT. 27513 STANFORD DR. 27521 STANFORD DR. 27529 STANFORD DR. 27537 STANFORD DR. 27545 STANFORD DR. 27553 STANFORD DR. 27561 STANFORD DR. 27569 STANFORD DR. 27577 STANFORD DR. 27585 STANFORD DR. 27593 STANFORD DR. 27641 STANFORD DR. 29683 STONEWOOD RD. 31117 SUNNINGDAI~ DR. 31245 SUNNIlqGDALE DR. 31334 SUNNINGDAI ~E DR. 31495 SUNN[NGDALE DR. 31514 SUNNINGDAL~ DR. 31525 SUNNINGDALE DR. 31538 SUNNI2qGDALE DR. 31550 SLrNNINGDALE DR. 27481 SUNNINGDAL~ DR. 27511 SWALI,OW CT. Box 6: ~Page 3 of 5) 27576 SWAIJ~OW CT. 42017 SWEETSHADE LN. 40251 TANAGER CR. 32433 TARA ST, 32449 TARA ST. 32465 TARA ST, 42140 TEATREE CT. 43140 TERAMO ST. 43371 TERRA CT. 39527 TERRII J. CT. 28272 TIERRA VISTA RD. 43501 TIRANO DR. 43512 TIRANO DR. 43522 TIRANO DR. 43601 TIRANO DR. 43631 TIRANO DR. 43639 TIRANO DR. 43643 TIRANO DR. 43647 TIRANO DR. 43663 TIRANO DR. 33075 TIVOLI ST. 33081 TIVOLI ST. 33087 TIVOLI ST. 27587 SWA! J OW CT. 42120 SWEETSHADE LN. 32425 TARA ST. 32441 TARA ST. 32457 TARA ST. 41965 TEATRF~ CT. 41687 TEMEKU DR. 43209 TERAMO ST. 44024 TERRAZA CT. 45362 TESIBEN CT. 28368 TIERRA VISTA RD. 43511 TIRANO DR. 43521 TIRANO DR. 43591 TIRANO DR. 43611 TIRANO DR. 43635 TIRANO DR. 43640 TIRANO DR. 43647 TIRANO DR. 43651 TIRANO DR. 39540 TISCHA DR. 33076 TIVOLI ST. 33084 TIVOLI ST. 33090 TIVOLI ST. Box 5: (Page 4 of 5) 33093 TIVOLI ST. 33099 TIVOLI ST. 33107 TIVOLI ST. 33131 TIVOLI ST. 45526 TOURNAMENT LN. 30290 TRADEWATER CT. 29910 TRENTINO DR. 29930 TRENTINO DR. 43417 TYLMAN ST. 29702 VAIL BROOK DR. 33039 VALENCE CT. 40143 VAI,F, RIANA CT. 29775 VALLE OLVERA 41960 VARDON DR. 42010 VENETO DR. 42020 VENETO DR. 42030 VENETO DR. 42040 VENETO DR. 42050 VENETO DR. 42060 VENETO DR. 42070 VENETO DR. 42080 VENETO DR. 42114 VEl,lETO DR. 33096 TIVOLI ST. 33102 TIVOLI ST. 33115 TIVOLI ST. 33123 TIVOLI ST. 30250 TRADEWATER CT. 29900 TRENTINO DR. 29920 TRENTINO DR. 32748 TULLEY RANCH RD. 29680 VAIL BROOK DR. 32961 VAI,FNCE CT. 32627 VA!,F, NTINO WY. 40198 VAI,ERIANA CT. 41784 VARDON DR. 42005 VENETO DR. 42015 VENETO DR. 42025 VENETO DR. 42035 VENETO DR. 42045 VENETO DR. 42055 VENETO DR. 42065 VENETO DR. 42075 VENETO DR. 42112 VENETO DR. 42122 VENETO DR. Box 6: (Page 5 of 5) 42124 VENETO DR. 32845 VERONA CT. 41240 VIA AOUILA 41261 VIA AGUILA 43145 VIA ANGI~J 43177 VIA ANGELES 30151 VIA ARBOLEDA 32079 VIA BONILLA 30290 VIA BRISA 43510 VIA CANDEI,RDA 33240 VIA CHAPPARO 41154 VIA CIELITO 32212 VIA CORDARO 30095 VIA DE LA MESA 32~.~~. VIA DESTELLO 42182 VENETO DR. 32849 VERONA CT. 41261 VIA AGUILA 33266 VIA ALVARO 43175 VIA ANGELES 43307 VIA ANGELES 41860 VIA B A ! .DERAMA 32095 VIA BONILLA 31770 VIA CAMPANARIO 32125 VIA CESARIO 33245 VIA CHAPPARO 42312 VIA CONSUELO 30193 VIA CORSICA 32443 VIA DESTELLO 32451 VIA DESTELLO Page 1 of 3 32452 VIA DESTELLO 32460 VIA DESTELLO 32468 VIA DESTELLO 32483 VIA DESTELLO 32491 VIA DESTELLO 32499 VIA DESTELLO 32507 VIA DESTELLO 32515 VIA DESTELLO 32523 VIA DESTELLO 32531 VIA DESTELLO 32539 VIA DESTELLO 32547 VIA DESTELLO 32563 VIA DESTELLO 32595 VIA DESTELLO 32611 VIA DESTELLO 32627 VIA DESTEI.I.O 32643 VIA DESTEI.I ~0 32659 VIA DESTELLO 41743 VIA EL GRECO 40935 VIA lV~,DIA 28720 VIA MONTEZUMA 29321 VIA NORTE BOX 7 32459 VIA DESTELLO 32467 VIA DESTELLO 32475 VIA DESTELLO 32484 VIA DESTELLO 32492 VIA DESTELLO 32500 VIA DESTELLO 32508 VIA DESTELLO 32516 VIA DESTELLO 32526 VIA DESTELLO 32536 VIA DESTELLO 32546 VIA DESTELLO 32555 VIA DESTELLO 32587 VIA DESTELLO 32603 VIA DESTELLO 32619 VIA DESTELLO 32635 VIA DESTELLO 32651 VIA DESTELLO 32667 VIA DESTELLO 40940 VIA LOS ALTOS 30150 VIA MONTEREY 29025 VIA NORTE 29405 VIA NORTE Box 7: ~l~age 2 of 3) , ) 29700 VIA NORTE 30145 VIA NORTE 30264 VIA NORTE 30645 VIA NORTE 41118 VIA PUERTA 43244 VIA SABINO 31839 VIA SALTIO 31919 VIA SALTIO 31974 VIA SALTIO 31692 VIA SAN CARLOS 30254 VIA VAL VERDE 41847 VIA VASQUEZ 33451 VICTORIA CT. 33461 VICTORIA CT 33471 VICTORIA CT. 30047 VIlJ.A ALTURAS DR. 30191 VIII~A ALTLrRAS DR. 42804 VILLA TERRACE CT. 28381 VINCENT MORAGA DR. 319030 VINEYARD AVE. 31665 WEIBEL CR. 30088 WILLOW DR. 41502 WII J~OW RUN CT. 29930 VIA NORTE 30230 VIA NORTE 30584 VIA NORTE 41110 VIA PUERTA 32035 VIA REINA 43250 VIA SABINO 31854 VIA SALTIO 31926 VIA SALTIO 31502 VIA SAN CARLOS 29510 VIA SERRITO 30318 VIA VAL VERDE 33450 VICTORIA CT. 33460 VICTORIA CT. 33470 VICTORIA CT. 29930 VIIJ.A ALTURAS DR. 30080 VILLA ALTURAS DR. 30246 VILLA ALTURAS DR. 42820 VILLA TERRACE CT. 28410 VINCENT MORAGA DR. 43155 VOLTERRA ST. 30927 WELLINGTON CR. 41422 Wll J OW RUN CT. 41452 Wll JDW RUN CT. Box 7: Page 3 of 3 41532 WILLOW RUN CT. 41572 W~I,OW RUN CT. 29691 WINDWOOD CR. 41420 WINGED FOOT ST. 41433 WINGED FOOT ST. 41445 WINGED FOOT ST. 41455 WINGED FOOT ST. 41476 YANKI~ RUN CT. 41573 YANKF~ RUN CT. 40435 YARDLEY CT. 29999 YNEZ RD. 41308 YUBA CR. 41357 YUBA CR. 41549 WILLOW RUN CT. 41591 WnJOW RUN CT. 29729 WINDWOOD CR. 41421 WINGED FOOT ST. 41434 WINGED FOOT ST. O 41446 WINGED FOOT ST. 41499 YANKg, g, RUN CT. 41547 YANKEE RUN CT. 41586 YANKF~ RUN CT. 28921 YNEZ RD. 41685 YORBA AVE. 41328 YUBA CR. 45323 ZUMA 26668 YNEZ RD. #B 26672 YNEZ RD. 26677 YNEZ RD. 26700 YNEZ RD. 26770 YNEZ RD. 26808 YNEZ RD. 26847 YNEZ RD. #H 26891 YNEZ RD. 27352 YNEZ RD. 27401 YNEZ RD. 27405 YNEZ RD. 27422 YNEZ RD. 27425 YNEZ RD. 27450 YNEZ RD. 27450 YNEZ RD.# 206 27450 YNEZ RD. # 104 27450 YNEZ RD.# 110 27450 YNEZ RD.#122 27450 YNEZ RD. #128 27450 YNEZ RD.# 212 27450 YNEZ RD.# 203 27450 YNEZ RD.# 222 27450 YNEZ RD.# 300 27450 YNEZ RD.# 316 27450 YNEZ RD.# 100 27453 YNEZ RD. 27454 YNEZ RD. 27468 YNEZ RD.# B-13 27468 YNEZ RD.# B-3 27468 YNEZ RD.# A-7 27468 YNEZ RD.# B-I 27468 YNEZ RD.#D-9 27469 YNEZ RD. 27473 YNEZ RD. 27476 YNEZ RD. 27479 YNEZ RD. 27480 YNEZ RD. 27483 YNEZ RD. 27488 YNEZ RD. 27491 YNEZ RD. 27495 YNEZ RD. 27499 YNEZ RD. 27503 YNEZ RD.#A-7 27507 YNEZ RD.# A 27510 YNEZ RD. BOX # 21 26671 YNEZ RD. 26673 YNEZ RD. #C 26680 YNEZ RD. 26755 YNEZ RD. 26799 YNEZ RD. 26845 YNEZ RD. 26875 YNEZ RD. 26895 YNEZ RD. 27393 YNEZ RD.STE. 151 27403 YNEZ RD. 27418 YNEZ RD. 27423 YNEZ RD. 27438 YNEZ RD. 27450 YNEZ RD. #306 27450 YNEZ RD. # 300 27450 YNEZ RD.# 106 27450 YNEZ RD.#120 27450 YNEZ RD.# 124 27450 YNEZ RD.# 203 27450 YNEZ RD.# 228 27450 YNEZ RD.# 214 27450 YNEZ RD.# 226 27450 YNEZ RD.# 300 27450 YNEZ RD.# 318 27451 YNEZ RD. 27453 YNEZ RD. 27467 YNEZ RD. #2F 27468 YNEZ RD.# A-3 27468 YNEZ RD.# B-7 27468 YNEZ RD.# A-9 27468 YNEZ RD.# B-11 27468 YNEZ RD. #B-17 27471 YNEZ RD. 27475 YNEZ RD. 27477 YNEZ RD. 27479 YNEZ RD. 27481 YNEZ RD. 27485 YNEZ RD. 27489 YNEZ RD. 27493 YNEZ RD. 27497 YNEZ RD. 27501 YNEZ RD. 27505 YNEZ RD.#A 27509 YNEZ RD.#D-3 27511 YNEZ RD. 27513 YNEZ RD.#B 27517 YNEZ RD. 27520 YNEZ RD. C-1 27523 YNEZ RD.# C 27527 YNEZ RD. 27531 YNEZ RD. 27536 YNEZ RD. 27540 YNEZ RD. 27544 YNEZ RD. 27548 YNEZ RD. 27560 YNEZ RD. 27580 YNEZ RD. 27585 YNEZ RD. 27610 YNEZ RD. 27636 YNEZ RD. 27691 YNEZ RD. 28250 YNEZ RD. 29521 YNEZ RD. 41358 YNEZ RD. 42380 ZEVO DR. 41514 ZINFANDEL AVE. 27515 YNEZ RD.gB-3 27519 YNEZ RD. 27521 YNF~7~ RD. B-6 27525 YNEZ RD. 27529 YNEZ RD. 27535 YNEZ RD. 27537 YNEZ RD. 27541 YNEZ RD. 27546 YNEZ RD. 27555 YNEZ RD. 27576 YNEZ RD. 27576 YNEZ RD. 27589 YNEZ RD. 27630 YNEZ RD. 27644 YNEZ RD. 28921 YNEZ RD. 29445 YNEZ RD. 30088 YNEZ RD. 42301 ZEVO DR. 42382 ZEVO DR. 28601 FRONT ST. 28636 FRONT ST. 28656 FRONT ST. 28676 FRONT ST. 28690 FRONT ST. #300 28690 FRONT ST. g400 28693 FRONT ST. 28721 FRONT ST. 28781 FRONT ST. 28822 FRONT ST. 28860 FRONT ST. 28900 FRONT ST. 28936 FRONT ST. 28970 FRONT ST. 28999 FRONT ST. 29065 FRONT ST. 29105 FRONT ST. 29115 FRONT ST. 29217 FRONT ST. 29663 FRONT ST. 30027 FRONT ST. 29150 H~GHWAY 79 S. 31300 I-I~GHWAY 79 S. 31669 HIGHWAY 79 S. 31685 HIGHWAY 79 S. 31797 HIGHWAY 79 S. 31805 HIGHWAY 79 S. #D 31805 HIGHWAY 79 S. #D-3 31805 HIGHWAY 79 S. #D-7 31813 HIGHWAy 79 S. 31821 HIGHWAY 79 S. # C-9 31821 HIGHWAY 79 S. # C-1 31821 I-[IGHWAY 79 S. #C-7 31829 HIGHWAY 79 S. #B-1 31829 HIGHWAY 79 S. #B-5 31837 HIGHWAY 79 S. #A-3 31853 HIGHWAY 79 S. 31940 HIGHWAY 79 S. #C-2 31950 HIGHWAY 79 S. #B-1 31950 HIGHWAY 79 S. #B-5 31950 HIGHWAY 79 S. #B-9 31970 HIGHWAY 79 S. BOX# 23 28635 FRONT ST. 28645 FRONT ST. 28657 FRONT ST. 28677 FRONT ST. 28690 FRONT ST. #370 28690 FRONT ST. #440 28718 FRONT ST. 28780 FRONT ST. 28800 FRONT ST. 28825 FRONT ST. 28897 FRONT ST. 28924 FRONT ST. 28950 FRONT ST. 28980 FRONT ST. 29000 FRONT ST. 29095 FRONT ST. 29107 FRONT ST. 29125 FRONT ST. 29635 FRONT ST. #B 30025 FRONT ST. 42050 FRONT ST. #D 30909 HIGHWAY 79 S. 31589 HIGHWAY 79 S. 31677 HIGHWAY 79 S. 31693 HIGHWAY 79 S. 31797 HIGHWAY 79 S. 31805 HIGHWAY 79 S. 31805 HIGHWAY 79 S. 31805 HIGHWAY 79 S. 31821 HIGHWAY 79 S. 31821 HIGHWAY 79 S. 31821 HIGHWAY 79 S. 31829 HIGHWAY 79 S. 31829 HIGHWAY 79 S. 31837 HIGHWAY 79 S. 31845 HIGHWAY 79 S. 31940 HIGHWAY 79 S. 31940 HIGHWAY 79 S. 31950 HIGHWAY 79 S. 31950 HIGHWAY 79 S. 31960 HIGHWAY 79 S. 33320 HIGHWAY 79 S. #D-1 #D-5 #D-9 #C-5 #C #C-3 #B-3 #C-3 #B -4 #B-6 41925 3r~ Street 41925 3~ Street 41845 6th Street 41920 6th Street 41920 6th Street, Suite A 32847 Abana Court 32872 Abana Court 32876 Abana Court 42033 Acacia Way 42074 Acacia Way 42093 Acacia Way 32879 Adelante Street 41915 3ra Street 32886 Adelante Street 33021 Adelante Street 32448 Angelo Drive 32456 Angelo Drive 32464 Angelo Drive 42060 Agena Street 42189 Agena Street 42445 Agena Street 42916 Agena Street 43655 Alcoba Drive 43659 Alcoba Drive 43844 Alcoba Drive 40028 Alexandria Drive 40088 Alexandria Drive 40965 Alton Court 40979 Alton Court 43695 Altamura Court 39821 Amberley Circle 39869 Amberley Circle 40037 Amberley Circle 40048 Amberley Circle 40049 Amberley Circle 30485 Anaconda Court 31900 Andrea Circle 31950 Andrea Circle 32424 Angelo Drive 32429 Angelo Drive 32432 ^ngelo Drive 32437 Angelo Drive 32440 Angelo Drive 32445 Angelo Drive 32453 Angelo Drive 32461 Angelo Drive 32469 Angelo Drive 32471 Angelo Drive 32472 Angelo Drive 32477 Angelo Drive 32480 Angelo Drive 32485 Angelo Drive 32488 Angelo Drive 32493 Angelo Drive 32499 Angelo Drive 41981 Avenida Vista 44641 Arbor Lane Ladera Box 24 43028 Argo Court 41468 Ashburn Road 41513 Ashburn Road 41523 Ashburn Road 31367 Ashmill Court 41841 Asteroid Way 41450 Avenida Barca 30860 Avenida Buena Suerte 31083 Avenida Buena Suerte 29893 Avenida Cima Del Sol 29753 Avenida de Calzada 41411 Avenida de La Reina 41465 Avenida de La Reina 30790 Avenida del Reposo 31159 Avenida del Reposo 31395 Avenida del Reposo 31400 Avenida del Reposo 29515 Avenida del Sol 31525 Avnida del Reposo 41055 Avenida Verde 41961 Avenida Vista Ladera 40704 Baccarat Road 40713 Baccarat Road 40834 Baccarat Road 40874 Baccarat Road 30904 Balata Drive 44829 Bananal Way 44877 Bananal Way 39771 Barberry Court 31334 Baret Court 43860 Barletta Street 43895 Barletta Street 43951 Barletta Street 43141 Barsanti Drive 43180 Bassano Drive 41450 Bellerive court 41460 Bellerive Court 41465 Bellerive Court 43112 Bellota Court 31066 Berkshire Lane 31082 Berkshire Lane 31074 Berkshire Lane 41622 Big Sage Court 30440 Bogart Place 32937 Bonita Mesa 41760 Brandeis Circle 41781 Brandeis Circle 30890 Branford Drive 30900 Branford Drive 30905 Branford Drive 30910 Branford Drive 30915 Branford Drive 30920 Branford Drive 30925 Branford Drive 30930 Branford Drive 30935 Branford Drive 30940 Branford Drive 30945 Branford Drive 30950 Branford Drive 43439 Brewster Court 30532 Bridgeview Circle 30552 Bridgeview Circle 31416 Britton Circle 43216 Brookway Drive 43224 Brookway Drive 43256 Brookway Drive 43263 Brookway Drive 43287 Brookway Drive 43185 Bellota Ct 41019 Burgess Ct 41043 Burgess Ct 43868 Butternut Drive 30030 Cabrillo 30105 Cabrillo Ave 30285 Cabrillo Ave 42926 Cala Rosso 42944 Cala Rosso 32203 Cala Torrente 43667 Calabro St 33298 Calle Alfredo 33354 Calle Alfredo 31009 Calle Aragon 32250 Calle Avella 32189 Calle Avella 32280 Calle Avella 32013 Calle Balareza 32014 Calle Balareza 32023 Calle Balareza 32024 Calle Balareza 32033 Calle Balareza 32034 Calle Balareza 32043 Calle Balareza 32044 Calle Balareza 32053 Calle Balareza 32054 Calle Balareza 32102 Calle Balareza 32115 Calle Balareza 32127 Calle Balareza 32139 Calle Balareza 32151 Calle Balareza 32187 Calle Balareza 32199 Calle Balareza 32211 Calle Balareza 31918 Calle Ballentine 43814 Calle Ballmex 44712 Calle Banuelos 43022 Calle Camellia 31993 Calle Caballos 43132 Calle Camellia 33261 Calle Cantu 33296 Calle Cantu 31777 Calle Chapos 28671 Calle Cortez 43422 Calle De Velardo Box 24 Page 1 of 2 43422 Calle de Velardo 43528 Calle de Velardo 43845 Calle de Velardo 44011 Calle de Velardo 31976 Calle Espinoza 32000 Calle Espinoza 40473 Calle Fiesta 40545 Calle Fiesta 40570 Calle Fiesta 40572 Calle Fiesta 40628 Calle Fiesta 30969 Calle Fuente 30980 Calle Fuente 31605 Calle Girasol 30314 Calle Halcon 30325 Calle Halcon 30345 Calle Halcon 30346 Calle Halcon Box 24 44701 Calle Hilario 43039 Calle Jeminez 40358 Calle Katerine 40481 Calle Katerine 33214 Calle Langarica 33241 Calle Langarica 42866 Calle Londe 42874 Calle Londe 31476 Calle los Padres 40495 Calle Madero 32038 Calle Marquis 40300 Calle Medusa 40372 Calle Medusa 40377 Calle Medusa 43379 Calle Morita 31986 Calle Novelda 29735 Calle Palmas 30960 Calle Pina Colada 31813 Calle Redondela 32156 Calle Resaca 32301 Calle Resaca 42952 Calle Reva 43017 Calle Reva 40300 Calle Torcida 40544 Calle Torcida 40610 Calle Torcida 43032 Calle Ventura 43033 Calle Ventura 43062 Calle Ventura 43081 Calle Ventura 43092 Calle Ventura 43099 Calle Ventura 43121 Calle Venture 31880 Calle Vimianzo 31965 Calle Vimianzo Box 24 Page 2 of 2 31501 Champions Cr 32238 Cala Torrente 32102 Calle Balareza 40595 Calle FieSta 31963 Calle Novelda 43017 Calle Reva 43124 Calle Ventura 42835 Camino Alagon 44865 Camino Alamosa 44913 Camino Alamosa 43007 Camino Caruna 40281 Camino Campos Verdes 32082 Camino Caliari 32140 Camino Caliari 32150 Camino Caliari 32160 Camino Caliari 32198 Camino Caliari 40225 Camino Campos Verdes 40270 Camino Campos Verdes 40300 Camino Campos Verdes 43151 Camino Caruna 43295 Camino Caruna 41910 Camino Casana 41918 Camino Casana 42005 Camino Casana 41798 Camino De La Torre 31063 Camino Del Este 31235 Camino Del Este 31811 Camino Del Sol Drive 29845 Camino Del Sol Drive 44683 Camino Gonzales 32050 Camino Herenicia 32215 Camino Marea 42233 Camino Merano 42234 Camino Merano 42304 Camino Merano 42332 Camino Merano 42332 Camino Merano 31967 Camino MoLnar 31992 32271 33172 33420 27558 27587 32416 32428 32434 32466 32473 32474 32480 32481 32488 32489 32496 Camino MoLnar Camino Nunez Camino Piedra Camino Piedra Campana Cr Campana Dr Campo Drive Campo Drive Campo Drive Campo Drive Campo Drive Campo Drive Campo Drive Campo Drive Campo Drive Campo Drive Campo Drive 32497 Campo Drive Box 25 ' 32523 Campo Drive 32539 Campo Drive 32555 Campo Drive 32632 Campo Drive 32642 Campo Drive 32652 Campo Drive 32662 Campo Drive 40074 Cannes Ct 30858 Canterfield Drive 30258 Caprice Court 30286 Caprice Court 29493 Cara Way 31968 Corte Cardoza 31978 Code Cardoza 31988 Corte Carzona 43898 Carentan Drive 43846 Carini Ct 41777 Carleton Way 41907 Carleton Way 41910 Carlton Way 41914 Carlton Way 40346 Carmelita Cr 40427 Carmelita Cr 30165 Casa Chata PI 32955 Casala Ct 32448 Cassino Ct 44453 Cayenne Tr 32280 Cercle Beauregard 32305 Cercle Beauregard 32338 Cercle Beauregard 31827 Cercle Chambertin 31842 Cercle Chambertin 31915 Cercle Chambertin 32318 Cercle Latour 32956 Cesena St 32981 Cesena St 41720 Chablis Ct 31499 Champions Cr 31543 Champions Cr 31557 Champions Cr 31560 Champions Cr 31570 Champions Cr 31571 Champions Cr 40322 Chantemar Wy 40418 Chantemar Wy 40434 Chantemar Wy 40444 Chantemar Wy 40445 Chantemar Wy 40450 Chantemar Wy 40453 Chantemar Wy 40458 Chantemar Wy 40461 Chantemar Wy 40466 Chantemar Wy 40469 Chantemar Wy 40474 Chantemar Wy 40477 Chantemar Wy 40482 Chantemar Wy 40485 Chantemar Wy 40488 Chantemar Wy 40493 Chantemar Wy 40498 Chantemar Wy 40501 Chantemar Wy 40507 Chantemar Wy 40513 Chantemar Wy 40555 Chantemar Wy 40518 Chantemar Wy 40618 Chantemar Wy 32927 Charmes Ct 31369 Chemin Chevalier 31377 Chemin Chevalier 31395 Chemin Chevalier 31409 Chemin Chevalier 31434 Chemin Chevalier 41030 Chemin Coutet 41040 Chemin Coutet 41060 Chemin Coutet 41081 Chemin Coutet 41120 Chemin Coutet 41130 Chemin Coutet 41131 Chemin Coutet 41141 Chemin Coutet 27122 Cherrygrove Ct 27142 Cherrygrove Ct 42002 Chestnut Drive 42010 Chestnut Drive 42097 Chestnut Drive 42115 Chestnut Drive 42145 Chestnut Drive 42156 Chestnut Drive 43350 Chico Drive 43351 Chico Drive 43358 Chico Drive 43359 Chico Drive 43366 Chico Drive 43367 Chico Drive 43374 Chico Drive 43377 Chico Drive 45561 Classic Wy 46000 Classic Wy 40515 Clear Light Road 40521 Clear Light Road 32682 Clearvail Drive 44652 Clover Ln 44692 Clover Ln 45387 Clubhouse Drive 30320 Colina Verde 30321 Colina Verde 30345 Coina Verde 27521 Commerce Center 30410 Colina Verde 27562 Commerce Center 27562 Commerce Center Drive 27570 Commerce Center Drive 27570 Commerce Center Drive Box 25 Page 1 of 2 27574 Commerce Center Drive 27576 Commerce Center Drive 27610 Commerce Center Drive 27620 Commerce Center Drive 27620 Commerce Center Drive 27637 Commerce Center Drive 31345 Congressional Drive 43801 Coronado Drive 43881 Coronado Drive 42940 Code Abanilla 31945 Corte Algete 43405 Code Almeria 43800 Code Amaya 31120 Code Anza 43185 Code Argento 31060 Code Arroyo Vista 43168 Code Astorga 41640 Code Balboa 45062 Code Bella Donna 45112 Code Bella Donna 33541 Code Bonilla 43370 Code Benavente 45029 Code Bravo 45056 Code Bravo 41764 Corte Camara 43115 Corte Calanda 45057 Code Camellia 32013 Code Canal 30161 Code Cantera 44668 Code CapiStrano 31969 Code Cardoza 31989 Code Cardoza 31998 Code Cardoza 31999 Code Cardoza 32008 Code Cardoza 32009 Code Cardoza 32079 Corte Cardoza 32018 Code Cardoza 32019 Code Cardoza 32029 Code Cardoza 32030 Code Cardoza 32039 Code Cardoza 32048 Corte Cardoza 32049 Code Cardoza 32059 Code Cardoza 32060 Corte Cardoza 32069 Code Cardoza 32070 Corte Cardoza 32079 Code Cardoza 32137 Code Carmona 32201 Code Carmona 32201 Code Carmona 45015 Code Carolina 45085 Code Carolina 30113 Code Carrizo 31977 Code Castro 30010 Code Coelho 30070 Code Coelho 30241 Code Coelho 30257 Code Coelho 30273 Code Coelho 30241 Code Coelho 30288 Code Coelho 32299 Code Coronado 32388 Code Coronado 30912 Code De Los Santos 30922 Code De Los Santos 32254 Code Del Cerro 33422 Code Ebano 33435 Code Ebano 33436 Code Ebano 31682 Code Encinas 31702 Code Encinas 31779 Code Encinas 29819 Code Faldas 29831 Code Faldas 32209 Code Florecita 43067 Code Fresca 43123 Code Fresca 43131 Corte Fresca 43131 Code Fresca 29824 Code Granada 41653 Code Higuera 32154 Code IIIora 41862 Code Lara 31830 Code Mendoza 31835 Code Mendoza 31901 Code Mendoza 28322 Code Ocaso 31698 Code Padrera 32350 Code Palacio 32397 Code Palacio 32285 Code Parado 41529 Code Pergamino 30145 Code Plata 30217 Code Plata 30220 Code Plata 31834 Code Pollensa 31839 Code Pollensa 31921 Code Pollensa 33511 CorSe Podirio 31475 code Rimola 31715 Code Rosario 31794 Code Rosario 31806 Code Rosario 31968 Code Ruiz 31972 Code Ruiz 31988 Code Ruiz 31810 Code Sagunto 31870 Code Sagunto 43105 Code Salamanca 30002 Code San Luis 30074 Code San Luis 44858 Code Sevrina 44853 Code Sierra 32124 Code Soledad 31489 Code Sonora 45112 Code Bella Donna 31579 Code Taquita 29950 Code Toiano 31752 Code Todosa 43185 Code Tolosa 31375 Code Tunas 32208 Code Utnehmer 32215 Code Utnehmer 32218 Corte Utnehmer 32225 Code Utnehmer 32226 Code Utnehmer 44615 Code Veranos 33309 Elizabeth Rd 45039 Code Valle 45078 Code Valle 43737 Corte Villena 43737 Code Villena 43740 Corte Villena 43747 Code Villena 43748 Corte Villena 43756 Code Villena 43757 Code Villena 43772 Code Villena 43777 Code Villena 43764 Code Villene 43767 Code Villena 43772 Code Villena 43780 Code Villena 43787 Code Villena 43788 Code Villena 43797 Corte Villena 43798 Code Villena 42401 Code Villosa 32265 Code Zamora 32340 Code Zamora 32370 Corte Zamora 45053 Code Zorita Box 25 Page 2 of 2 Box 26 42231 Cosmic Drive 42298 Cosmic Drive 42353 Cosmic Ddve 42367 Cosmic Drive 40880 County Center Drive 40880 County Center Drive 40980 County Center Drive 41066 Cour Citran 41081 Cour Citran 41082 Cour Citran 41089 Cour Citran 29480 Courtney Place 39859 Creative Drive 45798 Creekside Way 30782 Crystalaire Drive 30794 Crystalaire Drive 30806 Crystalaire Drive 30812 Crystalaire Drive 30830 Crystalaire Drive 30835 Crystalaire Drive 30836 Crystalaire Drive 30836 Crystalaire Drive 30854 Crystalaire Drive 30886 Crystalaire Drive 30894 Crystalaire Drive 30906 Crystalaire Drive 30203 Cupeno Lane 41609 Cypress Point Wy 41615 Cypress Point Wy 41621 Cypress Point Wy 41624 Cypress Point Wy 41627 Cypress Point Wy 41630 Cypress Point Wy 41633 Cypress Point Wy 41639 Cypress Point Wy 41645 Cypress Point Wy 41651 Cypress Point Wy 41657 Cypress point Wy 42004 Dahlia Way 42012 Dahlia Way 30372 De Portola 42052 Dahlia Wy 42089 Dahlia Wy 27493 Dandelion Ct 27532 Dandelion Ct 32038 De Portola Rd 32089 De Portola Rd 30405 De Portola Rd 30655 De Portola Rd 29632 Deal Ct 29835 Del Rey Rd 29985 Del Rey Rd 30041 Del Mar Ct 29710 Del Rey Rd 29880 Del Rey Rd 30011 Del Rey Rd 30050 Del Rey Rd 30195 Del Rey Rd 30244 Del Rey Rd 30305 Del Rey Rd 30385 Del Rey Rd 30625 Del Rey Rd 31039 Del Rey Rd 31098 Del Rey Rd 42001 Delmonte St 42017 Delmonte St 42056 Delmonte St 42065 Delmonte St 42072 Delmonte St 42089 Delmonte St 42097 Delmonte St 42105 Delmonte St 42113 Delmonte St 42121 Delmonte St 42129 Delmonte St 42130 Delmonte St 42137 Delmonte St 42140 Delmonte St 42145 Delmonte St 42150 Delmonte St 42155 Delmonte St 42160 Delmonte St 42161 Delmonte St 42167 Delmonte St 42169 Delmonte St 42170 Delmonte St 42176 Delmonte St 42184 Delmonte St 42192 Delmonte St 42198 Delmonte St 39516 Diego Dr 43336 Dodaro Dr 43344 Dodaro Dr 43352 Dodaro Dr 43353 Dodaro Dr 43359 Dodaro Dr 43367 Dodaro Dr 43368 Dodaro Dr 43375 Dodaro Dr 43376 Dodaro Dr 43400 Dodaro Dr 43408 Dodaro Dr 43416 Dodaro Dr 43424 Dodaro Dr 43432 Dodaro Dr 43440 Dodaro Dr 43448 Dodaro Dr 43453 Dodaro Dr 43456 Dodaro Dr 43464 Dodaro Dr 43480 Dodaro Dr 43384 Dodaro Dr 43392 Dodaro Dr 43496 Dodaro Dr 43504 Dodaro Dr 43512 Dodaro Dr 43520 Dodaro Dr Box 26 Page 1 of 3 43528 Dodaro Dr 43533 Dodaro Dr 43536 Dodaro Dr 43544 Dodaro Dr 43549 Dodaro Dr 43552 Dodam Dr 43560 Dodaro Dr 31114 Dog Leg Cr 31140 Dog Leg Cr 40233 Donomore Ct 41883 Driver In 42011 Dunes Ct 42019 Dunes Ct 42020 Dunes Ct 42027 Dunes Ct 42028 Dunes Ct 42035 dunes Ct 42036 Dunes Ct 42043 Dunes Ct 42044 Dunes Ct 42051 Dunes Ct 42052 Dunes Ct 42059 Dunes Ct 42060 Dunes Ct 42067 Dunes Ct 42068 Dunes Ct 42075 dunes Ct 42076 Dunes Ct 42027 Dunes Ct 31288 Durney Ct 41550 Eagle Point Way 41500 Eagle Point Wy 41501 Eagle Point Wy 41506 Eagle Point Wy 41577 Eagle Point Wy 41615 Eagle Point Wy 41621 Eagle Point Wy 41624 Eagle Point Wy 41627 Eagle Point Wy 41633 Eagle Point Wy 42960 El Domino PI 42977 El Domino PI 43973 El Lucern PI 31009 El Osito Ct 33269 Elizabeth Rd 33370 Elzabeth Rd 31210 Eona Cr 31234 Eona Cr 42526 Escolacata Dr 42547 Escolatcata Dr 30545 Estero St 30555 Estere St 43445 Fassano Ct 32645 Favara Dr 32565 Favara Dr 32575 Favara Dr 32655 Favara Dr 30615 Feather Ct 30635 Feather Ct 44844 Fern Cr 44015 Festivo St 44070 Festivo St 44225 Festivo St 31134 Firestone St 31158 Firestone St 31206 Firestone St 31216 Firestone St 31233 Firestone St 44031 Flores Dr 43901 Fondi Ct 43901 Fondi Ct 41719 Fosse Wy 41730 Fosse Wy 33075 Fox Rd 33140 Fox Rd 33317 Fox Rd 33211 Fox Rd 33366 Fox Rd 33375 Fox Rd 33402 Fox Rd 33426 Fox Rd 33614 Fox Rd 32920 Freesia Wy 23932 Freesia Wy 32932 Freesia Wy 32703 Gabbiano Dr 29843 Gateview Ct 29648 N. General Kearny 31135 S. General Kearny 39782 N. General Kearny 39822 N. General Kearny 39889 N. General Kearny 39940 N. General Kearny 29462 Georgetown Ln 29477 Georgetown Ln 31107 Gleneagles Dr 31115 Gleneagles Dr 31125 Gleneagles Dr 31135 Gleneagles Dr 31145 Gleneagles Dr 31155 Gleneagles Dr 31160 Gleneagles Dr 31165 Gleneagles Dr 31175 Gleneagles Dr 31180 Gleneagles Dr 31185 Gleneagles Dr 31195 Gleneagles Dr 31205 Gleneagles Dr 31215 Gleneagles Dr 31225 Gleneagles Dr 31265 Gleneagles Dr 3127§ Gleneagles Dr 31276 Gleneagles Dr 31288 Gleneagles Dr 45625 Gleneagles Dr 31546 Golden Lion Dr 41950 Green Tree Rd 41990 Green Tree Rd 27107 Greenstone St 30410 Guadalupe Ct 32564 Guevara Dr 32600 Guevara Dr 32672 Guevara Dr Box 26 Page 2 of 3 31289 Heitz Ln 31235 Gleneagles Dr 32643 Hislop Dy 40237 Holden Cr 45906 Hopactong Dt 41762 Humber Dr 41798 Humber Dr 41899 Humber Dr 41910 Humber Dr 42074 Humber Dr 42121 Humber Dr 32456 Huppa Dr 32506 Hupa Dr 32514 Hupa Dr 32656 Hupa Dr 32773 Hupa Dr 32648 Hupa Dr 32869 Hupa Dr 31404 Inverness Ct 31437 Inverness Ct 30503 Iron Bark Ct 30509 Iron Bark Ct 30510 Iron Bark Ct 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20500 Milano Rd 30524 Milano Rd 30536 Milano Rd 30548 Milano Rd 30560 Milano Rd 30572 Milano Rd 30584 Milano Rd 30596 Milano Rd 30608 Milano Rd 30620 Milano Rd Page 3 of 3 42100 Southern Hills 42103 Southern Hills 42112 Southern Hills 42113 Southern Hills 42123 Southern Hills 42133 Southern Hills 42138 Southern Hills 42143 Southern Hills 42153 Southern Hills 42161 Southern Hills 42171 Southern Hills 42183 Southern Hills 30447 Spica ct 30563 Spica ct 30567 Spica ct 39322 Springtime dr 39332 Springtime dr 39998 Stamos ct 40010 Stamos ct 40022 Stamos ct 39998 Stamos ct 30225 Solana way 31423 Sonoma In 31431 Sonoma In 31435 Sonoma In 31443 Sonoma In 31436 Sonoma In 31446 Sonoma In 31451 Sonoma In 31452 Sonoma In 31459 Sonoma In 31460 Sonoma In 31467 Sonoma In 31468 Sonoma In 31475 Sonoma In 31476 Sonoma In 31483 Sonoma In 31484 Sonoma In 31491 Sonoma In 31491 Sonoma In 31492 Sonoma In 31499 Sonoma In 31500 Sonoma In 31507 Sonoma In 31508 Sonoma In 30507 Southern Cross 30510 Southern Cross 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Silver Ridge ct 30343 Silver Ridge ct 30348 Silver Ridge ct 30351 Silver Ridge ct 30358 Silver Ridge ct 30344 Sierra Madre dr 41003 Simi ct 41006 Simi ct 41011 Simi ct 41014 Simi ct 41019 Simi ct 41022 Simi ct 41027 Simi ct 41030 Simi ct 41038 Simi ct 30676 Sky Terrace dr 30679 Sky Terrace dr 30703 Sky Terrace dr 30711 Sky Terrace dr 30712 Sky Terrace dr 30730 Sky Terrace dr 30756 Sky Terrace dr 41800 Skywood dr 41820 Skywood dr 41829 Skywood dr 41830 Skywood dr 41839 Skywood dr 41840 Skywood dr 41849 Skywood dr 41890 Skywood dr 41899 Skywood dr 41909 Skywood dr 41910 Skywood dr 41919 Skywood dr 41920 Skywood dr 30172 Silver Ridge Ct 30180 Silver Ridge ct 30183 Silver Ridge ct 30188 Silver Ridge ct 30191 Silver Ridge ct 30196 Silver Ridge ct 30240 Silver Ridge ct 30207 Silver Ridge ct 30212 Silver Ridge ct 30220 Silver Ridge ct 30223 Silver Ridge ct 30228 Silver Ridge ct 30231 Silver Ridge ct 30236 Silver Ridge ct 30239 Silver Ridge ct 30244 Silver Ridge ct 30247 Silver Ridge ct 30252 Silver Ridge ct 30255 Silver Ridge ct 30260 Silver Ridge ct 30263 Silver Ridge ct 30268 Silver Ridge ct 30271 Silver Ridge ct 30276 Silver Ridge ct 30279 Silver Ridge ct 30284 Silver Ridge ct 30287 Silver Ridge ct 30300 Silver Ridge ct 30303 Silver Ridge ct 30308 Silver Ridge ct 30316 Silver Ridge ct 30319 Silver Ridge ct 30324 Silver Ridge ct 30327 Silver Ridge ct 30332 Silver Ridge ct 30505 Sierra Madre dr 30508 Sierra Madre dr 30513 Sierra Madre dr 30516 Sierra Madre dr /-/¢¥ ? 30523 Sierra Madre dr 30526 Sierra Madre dr 30531 Sierra Madre dr 30538 Sierra Madm dr 30541 Sierra Madre dr 30544 Sierra Madre dr 30549 Sierra Madre dr 30558 Sierra Madre dr 30559 Sierra Madre dr 30567 Sierra Madre dr 30568 Sierra Madre dr 45261 Silverado In 45275 Silverado In 45276 Silverado In 45291 Silverado In 45300 Silverado In 45303 Silverado In 45314 Silverado In 45315 Silverado In 45325 Silverado In 45326 Silverado In 45337 Silverado In 45338 Silverado In 45349 Silverado In 45350 Silverado In 45361 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dr 30345 Sierra Madre dr 30352 Sierra Madre dr 30353 Sierra Madre dr 30360 Sierra madre dr 30361 Sierra Madre dr 30368 Sierra Madre dr 30369 Sierra Madre dr 30376 Sierra madre dr 30377 Sierra Madre dr 30384 Sierra Madre dr 30385 Sierra Madre dr 30393 Sierra Madre dr 30394 Sierra madm dr 30402 Sierra madre dr 30403 Sierra Madre dr 30411 Sierra Madre dr 30412 Sierra Madre dr 30421 Sierra Madre dr 30422 Sierra Madre dr 30438 Sierra Madre dr 30439Sierra Madre dr 30447 Sierra Madre dr 30450 Sierra Madre dr 30457 Sierra Madre dr 3-465 Sierra Madre dr 30466 Sierra Madre dr 30475 Sierra Madre dr 30478 Sierra Madre dr 30479 Sierra Madre dr 30484 Sierra Madre dr 30485 Sierra Madre dr 30494 Sierra Madre dr 30495 Sierra Madre dr 30504 Sierra Madre dr 42202 Stonewood rd 42211 Stonewood rd 42212 Stonewood rd 42213 Stonewood rd 42214 Stonewood rd 42215 Stonewood rd 42216 Stonewood rd 42217 Stonewood rd 42218 Stonewood rd 42219 Stonewood rd 42220 Stonewood rd 42221 Stonewood rd 42222 Stonewood rd 42223 Stonewood rd 42224 Stonewood rd 42225 Stonewood rd 42226 Stonewood rd 42227 Stonewood rd 42228 Stonewood rd 42229 Stonewood rd 42230 Stonewood rd 42232 Stonewood rd 29210 Stonewood rd 29618 Stonewood rd 29619 Stonewood rd 29220 Stonewood rd 29630 Stonewood rd 29631 Stonewood rd 29642 Stonewood rd 29654 Stonewood rd 40085 Starling st 40093 Starli ~ng st 40115 Starling st 40125 Starling st 40141 Starling st 40147 Starling st 40156 Starling st 40156 Starling st 40153 Starling st 40164 Starling st 40173 Starling' st 40212 Starling st 40218 Starling st 40220 Starling st 42192 Stonewood rd 42194 Stonewood rd 42196 Stonewood rd 42198 Stonewood rd 42200 Stonewood rd 42204 Stonewood rd 42206 Stonewood rd 42208 Stonewood rd 42210 Stonewood rd 31249 Sierra Bonita 31265 Sierra Bonita 31275 Sierra Bonita 30113 Sierra Madre dr 30121 Sierra Madre dr 30129 Sierra Madre dr 30134 Sierra Madre dr 30145 Sierra Madre dr 30150 Sierra Madre dr 30153 Sierra Madre dr 30158 Sierra Madre dr 30161 Sierra Madre dr 30169 Sierra madre dr 30177 Sierra Madre dr 30137 Sierra Madre dr 30185 Sierra Madre dr 30193 Sierra Madm dr 30198 Sierra Madre dr ? o$~ Box 30 42018 Pacific Grove Way 41946 Pacific Grove Way 41958 Pacific Grove Way 41958 Pacific Grove Way 41970 Pacific Grove Way 41982 Pacific Grove Way 41994 Pacific Grove Way 42044 Pacific Grove Way 31367 Pahuta St 43444 Paisano Ct 43446 Paisano Ct 43447 Paisano Ct 43452 Paisano Ct 43455 Paisano Ct 43460 Paisano Ct 43463 Paisano Ct 43468 Paisano Ct 43471 Paisano Ct 43476 Paisano Ct 43479 Paisano Ct 43484 Paisano Ct 43487 Paisano Ct 43492 Paisano Ct 43495 Paisano Ct 46011 Pala Rd 44526 Pala Rd 46091 Pala Rd 32429 Palacio St 32437 Palacio St 32445 Palacio St 32453 Palacio St 32461 Palacio St 32469 Palacio St 32477 Palacio St 32485 Palacio St 32493 Palacio St 44143 Parcella St 44203 Parcella Ct 27560 Parkside Dr 31681 Paseo De las olas 31722 Paseo De las olas 40320 Paseo Del Cielo 40320 Paseo Del Cielo 40339 Paseo Del Cielo 40479 Paseo Del Cielo 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29738 Rancho California Rd 29740 Rancho California Rd 29750 Rancho California Rd 30907 Riverton Ln 30937 Riverton Ln 31012 Riverton Ln 31171 Saho Ct 41343 Salt River 43370 San Fermin PI 43505 San Fermin PI 32707 San Marco Dr 32707 San Marco Dr 32727 San Marco Dr 30643 San Pasqual Rd 30145 Santa Cecilia Dr 42878 Santa Suzanne 30052 Santiago Rd 30151 Santiago Rd 31200 Santiago Rd 28559 Pujol St 28555 Pujol St 28552 Pujol St 28565 Pujol St 41126 Promenade Chardonnay 28550 Pujol St 41164 Promenade Chardonnay 41188 Promenade Chardonnay 41276 Promenade Chardonnay 41337 Promenade Chardonnay 29820 Puesta Del Sol 28497 Pujol St 28559 Pujol St 28681 Pujol St 28801 Pujol St 30911 Putter Cr 30996 Putter Cr 45243 Putting Green 27049 Quail Slope Dr 45510 Rainbow canyon 40083 Ram Ct 40083 Ram Ct 43380 Via Barrozo 41762 Via Balderama 32195 Via Cesario 32210 VGa Cesario 30130 Via De La Mesa 29797 Via Las Chacras 31800 Via Levantar 40820 Via Los Altos 44989 Via Lucia 29170 Via Norte 29385 Via Norte 29385 Via Norte 29657 Via Norte 29991 Via Norte 31365 Via Norte 29887 Via Puesta Del Sol 43244 Via Sabino 30049 Via Velez PI 29986 Villa Alturas Dr 41128 Vintage Cr 30530 Wailea Ct 30916 Wedge Wy Vail Ranch Shopping Ctr a, d, & c 29962 Valle Olvera 29976 Valle OIvera 29715 Valle Verde 41777 Vardon Dr 41929 Vardon Dr 41935 Vardon Dr 41965 Vardon Dr 41968 Vardon Dr 41971 Vardon Dr 41975 Vardon Dr 41977 Vardon Dr 42506 Verdadero Pi 42920 Via Alhama 42960 Via Alhama 42971 Via Alhama 42896 Via Alhama 42904 Via Alhama 30270 Santiago Road 31380 Santiago Road 43821 Sassari St 31438 Santiago Road 31619 SebaStiani Cr 30172 Silver Ridge Ct 41003 Simi Ct 41011 Simi Ct 28765 Single Oak 42043 Southern Hills Dr 42115 Southern Hills Dr 42183 Southern Hills Dr 31073 Spoon Cr 43621 Sunny Meadows Dr 43799 Sunny Meadows Dr 43801 Sunny Meadows Dr 29113 Vallejo Box 33 Page 1 of I ITEM 9 APPROVAL ~..o~dT~ CITY ATTORNEY ~ DIRECTOR OF FINANC~ CITY MANAGER ~.~'/' CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council "~-'~,j~Nilliam G. Hughes, Director of Public Works/City Engineer January 14, 2003 SUBJECT: French Valley Parkway/I-15 Overcrossing and Interchange Improvements, Project Report Preparation, Project PW02-11 & French Valley Parkway Interim Southbound Off-Ramp to Jefferson Avenue - Phase I Consultant Agreement PREPARED BY/z~mer Attar, Principal Engineer - ~)Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: Approve an agreement with Moffatt & Nichol Engineers in an amount not to exceed $1,091,693.00 to provide the necessary design services needed to prepare a Project Report (PR) and Environmental Documents (ED) for the French Valley Parkway/I-15 Overcrossing and Interchange Improvements, Project No. PW02-11, and Plans, Specifications and Estimate (PS&E) for the French Valley Parkway Interim Southbound Off-Ramp to Jefferson Avenue - Phase I, and authorize the Mayor to execute the agreement. Authorize the City Manager to approve Change Orders not to exceed the contingency amount of $109,169.30, which is equal to 10% of the agreement amount. BACKGROUND: The constant backup of vehicles on 1-15 at Winchester Road has become a primary concern for officials from the cities of Temecula and Murrieta, the County of Riverside, and Caltrans. As a result, these agencies have been exploring ways to construct a future interchange on Interstate 15 between Winchester Road and the 1-15/I-215 split. Caltrans has completed the Project Study Report (PSR) for the construction of a future two-quadrant cloverleaf interchange and freeway overcrossing north of Winchester Road. Identified as the future "French Valley Parkway Interchange," the project will border the cities of Temecula and Murrieta. Both cities have identified the Interchange as an important traffic improvement on the Circulation Element of their respective General Plans. The project represents a multi- jurisdictional surface transportation improvement that will service regional, interstate and local transportation needs and will alleviate significant congestion problems on the 1-15 Freeway and on adjacent roads in each city, as well as the unincorporated areas of Riverside County. The next step after the PSR in the Caltrans process is to develop a Project Report (PR) for both Federal and State approvals for the French Valley Parkway/I-15 Overcrossing and Interchange Improvements. A Request For Qualifications (RFQ) was advertised statewide and was posted on the City's website. Also, on August 13, 2002, the City and Caltrans conducted a public Project Presentation in the City of Temecula. Over 40 prospective consultants attended the presentation. The City received five Statement of Qualifications (SOQ) from the following consultants: Firm Name 1. Dokken Engineering 2. Wildan, in partnership with HNTB 3. RBF Consulting 4. Moffatt & Nichol Engineers 5. URS Corporation Submittin.q Office Location San Diego San Diego Irvine Ontario Santa Ana The City of Temecula, City of Murrieta, and Caltrans reviewed the SOQ's. To evaluate the consultants further, the reviewers agreed to invite all consultants to interviews and have them do an informational presentation on the firm, the project team, and their understanding of the project and the work required. On October 3, 2002, a seven-member panel consisting of the City of Temecula, City of Murrieta, and Caltrans' personnel interviewed the five consultants and listened to their presentations. After the conclusion of the process, the panel ranked the five firms as follows: 1. Moffatt & Nichol Engineers 2. RBF Consulting 3. Dokken Engineering 4, URS Corporation 5. Wildan, in partnership with HNTB Moffatt & Nichol Engineers was deemed to be the most qualified firm based on the collective evaluation of their SOQ, presentation, and interview. Moffatt & Nichol is a Southern California based multi-discipline engineering firm providing a full range of services for transportation projects. The firm offers specialized expertise in the planning and design of freeways, interchanges, and highway structures. They have extensive experience and proven success in completing Project Study Reports (PSR), Project Reports (PR), Environmental Documents (ED) and Plans, Specifications and Estimates (PS&E) for state highway projects in California for cities, counties, local agencies, and Caltrans. They are particularly experienced in analyzing and laying out freeway-to-freeway interchange improvements that are intertwined with adjacent interchanges approaching the freeway-to-freeway interchange (similar to the condition between the existing 1-15/I-215 Freeway-to-Freeway Interchange, the new French Valley Parkway Interchange, and the existing Winchester Road Interchange). Their experience over the past 55 years, since the firm's founding, includes more than 450 highway, interchange and bridge projects. Recently, Moffatt & Nichol competed two of the most challenging and complex multi-billion dollar transportation projects in California - the San Francisco-Oakland Bay Bridge (completed the design and the project is to be advertised for construction bids later this year) and the Alameda Corridor (commenced operation in April 2002, completed on schedule and below budget). In addition, Moffatt & Nichol is the designer for other significant freeway projects in Southern California - State Route 30 Freeway Segment 3 in San Bernardino County, State Route 73 Widening in Orange County and State Route 90 Extension in Los Angeles County. The firm's pool of experienced staff is readily available for assignment to the French Valley Parkway/I-15 Interchange Project. Moffat & Nichol have offices in Ontario, San Diego, Santa Aha, Long R:'~AGENDA R EPO RTS',2003~011403~FrenchValley PR Design Consultant,doc Beach, Carson, Oakland, San Fraqcisco, and Walnut Creek. City staff checked references on Moffatt & Nichol with Caltrans and received positive responses. The first phase for Moffatt & Nichol will be to prepare and complete the Project Report (PR). This process include field surveys, preliminary engineering (including the study of alternatives); environmental studies, documentations and approvals, right of way certifications, engineering plans, estimates, advanced planning studies (APS), a Value Analysis (VA) study and report, a Modified Access ReportJNew Connection Repod (MAR); public hearing coordination, participation, and recording; and the daft and final Project Report (PR). The total not to exceed fee to perform this work is $908,625.00. As a measure to give immediate relief to southbound traffic just north of Winchester, the agreement includes an optional task to prepare the design documents, Plans, Specifications and Estimate, for an interim southbound exit ramp from 1-15 to Jefferson Avenue at the Cherry Street intersection. Federal and State approvals are required to construct this isolated off-ramp prior to constructing the entire interchange. Staff will be working diligently with Federal and State officials to obtain this approval. In the event the approval is secured, the consultant will work in tandem with the PR process to prepare the construction drawings for this interim southbound off-ramp. The not to exceed cost to prepare the Geometric Approval Drawings (GAD's) and final Plans, Specifications, and Estimates (PS&E) for the design of the French Valley Parkway Interim Southbound Off-Ramp to Jefferson Avenue - Phase I, is $183,068.00. This brings the total not to exceed cost of this agreement to $t ,091,693.00. The step that follows the approval of the PR is to prepare Plans, Specifications, and Estimate (PS&E) for the construction of the entire French Valley Parkway/I-15 Overcrossing and Interchange Improvements. The preparation of the PS&E is not a part of this agreement. However, the agreement allows the City to contract with Moffatt & Nichol to prepare the PS&E upon the satisfactory completion of the PR and City Council approval. This matter will be brought back before the City Council for review at a future date. FISCAL IMPACT: The City of Temecula has identified both the French Valley Parkway/I-15 Overcrossing and Interchange Improvements and the French Valley Parkway Interim Southbound Off-Ramp to Jefferson Avenue - Phase I within its Capital Improvement Program for FY2003-2007. Adequate funds are available in Account Nos. 210-165-726-5802 ($750,000), 210-165-719-6§02 ($400,000), and 210-165-719-5801($50,862.30) for the amount of $1,091,693.00 plus the 10% contingency amount of $109,169.30, for a total contract amount of $1,200,862.30. ATTACHMENTS: 1. Project Descriptions 2. Project Locations 3. Professional Services Agreement R?,AGEN DA REPORTS~0031011403\Frenc~hValley PR Design Consultant.doc .~ o 000 ooo 000 ooo 000 00000 ~ ? o~ c~ o~ o CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES FRENCH VALLEY PARKWAY/I-15 OVERCROSSING AND INTERCHANGE IMPROVEMEMT, PROJECT PW02-11 & FRENCH VALLEY PARKWAY INTERIM SOUTHBOUND OFF-RAMP TO JEFFERSON AVENUE - PHASE ! THIS AGREEMENT, is made and effective as of January 14, 2003, between the City of Temecula, a municipal corporation ("City") and Moffatt & Nichol Engineers, ("Consultant"). In consideration of the mutual covenants and conditions set forth heroin, the parties agroe as follows: 1. TERM. This Agroement shall commence on January 14, 2003, and shall romain and continue in effect until tasks described heroin aro completed, but in no event later than J January 14, 2005, unless sooner terminated pursuant to the provisions of this Agroement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, "Tasks to be Preformed and Costs" and Exhibit C, "Statement of Work", attached heroto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibits A and C. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described heroin. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as aro roquirod of Consultant herounder in meeting its obligations under this Agroement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of Califomia, the City Council has obtained the general provailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Diroctor of the Department of Industrial Relations. These rates aro on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of provailing wage rates to any staff or sub-contractor hirod, and shall pay the adopted provailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant 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 provailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One million, Ninety-one Thousand, Six-Hundred and Ninety-three Dollars and No Cents ($1,091,693.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Also, the amount of the agreement includes a salary increase to the consultant and sub consultant's hourly rate, as of January 1, 2004. This increase shall equal the actual salary increase or 5%, whichever is smaller. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement or $25,000.00, but in no event shall the total sum of the agreement (basic agreement amount and contingency amount) exceed twenty-five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with wdtten notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without fudher notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, "Tasks to be Performed and Costa" and Exhibit C, "Statement of Work", without the wdtten consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions adsing out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. As to Consultant's design of the Project and any professional services related thereto, the Consultant agrees to defend and indemnify indemnities from and against any and all claims, demands liability for any damages costs including attorney's fees and costs, to the extent caused by the Consultant's negligence. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covedng Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while pedorming under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One Million Dollars $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectJlocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage:: Two Million Dollars ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability adsing out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other previsions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' pdor wdtten notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with odginal endorsements effecting coverage required by this clause. The endorsements ara to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an altemative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage raquirad by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant 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. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior wdtten authorization. Consultant, its officers, employees, agents or subcontractors, shall not without wdtten authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, headng or similar proceeding. Consultant agrees to cooperate fully with Cityand to provide City with the opportunityto review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewdte said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in wdting and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Moffatt & Nichol 415 N. Vineyard Avenue, Suite 200 Ontado, CA 91764 Attention: Dick Chan, Vice President Phone: (909) 937-0125 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior wdtten consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW; DISPUTES. a. The City and Consultant understand and agree that the laws of the State of California shall govern the dghts, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. b. Any disputes or claims adsing out of or relating to this Agreement shall be submitted to non-binding mediation prior to the filing of litigation, unless the parties agree otherwise. The parties shall mutually agree upon a mediator. In the event either party flies litigation to resolve a dispute under this Agreement, the prevailing party in the litigation shall be entitled to recover from the other reasonable attorney fees and litigation costs. The "prevailing party" means the party determined by the court to have most nearly prevailed against the other, even if such party did not prevail in all matters. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, dudng his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecuia has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 21. CHANGES. The City, may at any time by written notification, make changes in the Scope of Services to be provided hereunder. If such changes result in an increases or a decrease in Services, the time required for performance thereof, or the compensation therefore, this Agreement shall be modified accordingly in wdting in order for such changes to be valid. Under no circumstances shall Consultant provide additional Services or incur expenses for which additional compensation is to be charged without the express wdtten authorization of the City. If such change causes an increase or decrease in any compensation or time required for the performance of any part of the work under this Agreement, the City shall make an equitable adjustment in the compensation or schedule or both. As a condition precedent to any equitable adjustment. The Consultant must noti~ the City in writing of any request for adjustment within twenty (20) days from the date Consultant receives notice form City of a Change. Failure to agree to any adjustment shall be a dispute under the Disputes clause of this Agreement. However, Consultant shall proceed with the work as changed without interruption and without awaiting settlement of any such claim. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeffrey E. Stone, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Moffat & Nichol Engineers 415 N. Vineyard Ave., Suite 200 Ontado, CA 91764 (909) 937-0125 Shing-Ching R. than, P.E. Principal-In-Charge George R. Hale, P.E., Project Manager (Signatures of two corporate officers required for Corporations) EXHIBIT A TASKS TO BE PERFORMED AND COSTS ]0 December 03, 2002 Mr. Scott Harvey, P.E. City of Temecula Public Works Department 43200 Business Park Drive Temecula, CA 92589 MOFFATT & NICHOL E N G I N E E R S RECEIVED DEC O4 ; 002 CITY OF TEMECULA ENGINEERING DEPARTMENT Subj.: French Valley Parkway/I-15 Overcrossing and Interchange Improvements Project, PW02-11 & French Valley Parkway Interim Southbound Off-Ramp to Jefferson Avenue - Phase 1 02339\C1TY-O2L Dear Mr. Harvey: Moffatt & Nichol Engineers has completed the Scope of Work and Cost Proposal for this project and incorporated the comments you submitted to us in your letter dated November 5, 2002, our meeting of November 12, 2002, and comments received by email on December 3, 2002. We have taken a hard look at each task required and are confident that the attached Scope of Work provides only those tasks necessary to complete the Project Report and Environmental Document (PR Phase) and prepare the PS&E for the Interim French Valley Parkway and Temporary Southbound Offramp (Interim Design Phase). We are certain that we will deliver to the City a quality product able to withstand scrutiny, on schedule, and within budget to your complete satisfaction. A Scope of Work and Cost Proposal has been added to the draft submitted on October 23, 2002, for the design and preparation of Plans, Specification and Estimates for an Interim French Valley Parkway between 1-15 and Jefferson Avenue along with a temporary offramp in the southbound direction. This additional work, designated as the Interim Design Phase, and adjustments to the PR Phase Cost Proposal are summarized as follows: · PR Phase hours have been reduced from 7,085 to 6,405; · PR Phase costs have been reduced from $1,064,417 to $908,625; · Interim Design Phase hours and costs for the Interim French Valley Parkway are estimated to be 576 and $71,837 respectively; and · Interim Design Phase hours and costs for the temporary southbound off ramp are estimated to be 873 and $111,231 respectively. In preparing the Interim Design Phase Scope of Work and Cost Proposal, we assumed the PS&E would be prepared following Caltrans standards for the off ramp and City standards for Interim French Valley Parkway. Attached to the Cost Proposal is the list of drawings used to prepare the estimate for each facility. We look forward to starting this exciting and challenging project with the City of Temecula. Please feel free to call us should you have questions or concerns regarding the Scope of Work or Cost Proposal. Sincerely, Shin h~n R ' an,~P.E ~ Moffatt & Nichol Engineers Enclosure (2) 415 North Vineyard Avenue, Suite 200, Ontario, California 91764 (909) 937-0125 FAX (909) 937-0199 French Valley Parkway/1-15 Overcrossing and Interchange Improvements, Project PW02-11 & French Valley Parkway Interim Southbound Off-Ramp to Jefferson Avenue - Phase I Cost Proposal for Project Report (PR) and Interim Southbound Off-Ramp TABLE OF CONTENTS ............................................................................................................................. I FRENCH VALLEY PARKWAY/1-15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS, PROJECT PW02-11 & FRENCH VALLEY PARKWAY INTERIM SOUTHBOUND OFF-RAMP TO JEFI~'ERSON AVENUE - PHASE I ................................................. 1 COST PROPOSAL FOR PROJECT REPORT (PR) AND INTERIM SOUTHBOUND OFF.RAMP 1 SCOPE OF WORK ...................................................................................................................................... I 1. GENERAL .......................................................................................................................................... 1 1.1. Work Phases ................................................................................................................................ 2 1.2. General Conditions and Requirements ........................................................................................ 2 2. REQUIRED SERVICES PERFORMED BY CONSULTANT FOR THE PR PH,~SE .......................................... 4 2.1. New Connection Report/Mndifed Access Report ........................................................................ 4 2.2. Traffic .......................................................................................................................................... 4 2.3. Surveys ........................................................................................................................................ 6 2.4. Geotechaical lnvestigation and Materials Report ....................................................................... 7 2.5. Preliminary Drainage Srudy, Brldge Hydraullcs, and Scour Analysis Report ............................ 8 2.6. PreliminaryUtilityBaseMapandCoordination ........................................................................ 9 2.7. Roadway and Structural Design ................................................................................................ 10 2.8. MITIGATED NEGATIVE DECLARATION/ENVIRONMENTAL ASSESSMENT ...................... 10 2.9. Project Report ........................................................................................................................... 22 2.10. Public Outreach ................................................................................................................... 24 2.11. Work Deferred into Other Phases, Nor Required, or Provided by Others ............................ 25 3. REQUIRED SERVICES PERFORMED BY CONSULTANT FOR THE INTERIM DESIGN PHASE ................... 26 3.1. Sur~eysandMapping ................................................................................................................ 26 $.2. Geotechnical lnvestigalion and Materials Report ..................................................................... 27 $.$. Utility Coordination and Plans ................................................................................................. 25 3.4. Roadway Desigr, ....................................................................................................................... 29 $.5. Structural Design ...................................................................................................................... 35 3.6. Drainage ................................................................................................................................... 33 3.7. Construction Bid Support .......................................................................................................... $4 $.8. Construction Support ................................................................................................................ 34 Scope of Work 1. General The CONSULTANT shall pedorm professional and technical engineering and environmental services to prepare professional engineering plans, estimates, environmental studies, advanced planning studies (AP$), a value analysis study and report, the preparation of Draft and Final Project Reports (PR), Modified Access Report/New Connection Report (MAR), and may be Page 1 C:\TE/vl~Scope of Work Rev.floc required to prepare the Plans, Specifications, and Estimates (PS&E) for the project as described below. Final design support services to prepare the PS&E, referenced as "Final Design Phase" below, is considered as additional work; the scope and fee for which is to be determined at a later date as an amendment to this Agreement. 1.1. Work Phases Work under this contract is divided into phases as follows: 1.1.1. PR Phase: Consists of the preparation of field surveys; technical studies; designs; reports and documents for the project approval and environmental clearance for the Project; Preliminary Engineering (including the study of alternatives); environmental technical studies; a Value Analysis study and report; Modified Access Report/New Connection Report; Draft and Final Project Reports; and public hearing coordination, participation and record. An Initial Study/Environmental Assessment (IS/F.A) will be prepared for the Project. It is expected that the results of the IS/EA will lead to a Negative Declaration (ND) and Finding of No Significant Impact (FONSI) per CEQA and NEPA requirements as implemented through Caltrens and FHWA regulations. 1.1.2. Interim Design Phase: Consists of the preparation of Geometric Approval Drawings (GAD's) and final design for the 1-15 southbound (SB) access to French Valley Parkway and French Valley Parkway between 1-15 and Jefferson Avenue. Northbound access to French Valley Parkway from 1-15 and access from French Valley Parkway to I-15 in both the north and southbound directions are deferred to the Final Design Phase. Work includes, but is not limited to; surveys, roadway geometrics, grading, paving, drainage, structural design, traffic signing, delineation, signalization, erosion control, and construction traffic control. 1.1.3. Final Design Phase: Consists of the preparation of GAD's and PS&E for the Project from findings of the PR Phase. Work includes, but is not limited to; surveys, roadway geometrics, grading, paving, drainage, structural design, traffic signing, delineation, signalization, erosion control, and construction traffic control. 1.2. General Conditions and Requirements 1.2.1. All deliverables will be in metric, except where noted otherwise. CONSULTANT will utilize the results of the Project Report as the basis for the PS&E. 1.2.2. CONSULTANT will prepare budgets for each task and milestone for the Project. Such budgets will be entered into CONSULTANTS Management Information System along with actual costs incurred, and used as a basis for cost monitoring and control. CONSULTANT will prepare monthly reports of expenditures for the Project by task and milestone. Expenditures will include direct labor costs, other direct costs and sub consultant's costs. These reports will be included as supporting data for invoices presented to the City of Temecula every month. 1.2.3. A PDM logic network and critical path design schedule representing all project tasks, disciplines and work products will be established utilizing Microsoft Project Software at the outset of the Project. This effort will ascertain the validity of each task's time estimate, develop work task relationships, determine the amount of "float" time throughout the various elements of the Project, and identify those elements that are critical, or near critical, to expeditious project completion. Within one (1) month from the Notice to Proceed (NTP), CONSULTANT will provide a detailed project schedule that indicates milestones, major activities and deliverables, to the CITY for review and comment. This schedule will reflect assumed review times necessary by all of the agencies involved. Review of the Page 2 C:\TEMI~Scope of Work Rcv.do~ schedule will occur at subsequent PDT meetings. Adjustments will be made, as necessary, due to changing cimumstances. 1.2.4. Progress reports will be prepared in accordance with City of Temecula guidelines. Reports will be required monthly and will be accompanied by an invoice. 1.2.5. CONSULTANT will establish a quality control plan for this Project within two (2) weeks following NTP. 1.2.6. CONSULTANT shall attend meetings of the Project Development Team (PDT) established to guide the study. CONSULTANT shall serve as staff to the PDT in arranging meetings, providing discussion material, and keeping meeting minutes. PDT meetings will be held monthly to resolve issues and apprise the effected agencies of progress on the Project. 1.2.7. CONSULTANT shall coordinate public and citizen contacts for the PR Phase of the Project. CONSULTANT shall arrange and conduct open house meetings and public hearings. CONSULTANT shall be responsible for providing technical information, exhibits, and documentation of the meetings and hearings. CONSULTANT shall prepare and place newspaper advertisements of public hearings required for the environmental process. 1.2.8. CONSULTANT shall be responsible for reproduction, binding, circulation, and distribution of all studies, documents, reports, and engineering drawings pursuant to the requirements of this Statement of Work. At the conclusion of the PR Phase, eight (8) bound copies of the final Project Report will be provided by CONSULTANT to the CITY along with one (1) reproducible copy and one (1) electronic copy (in Microsoft Word software for text, Intergraph Microstation and AutoCAD 2000 for drawings, and Microsoft Project for schedules.) 1.2.9. All elements of the Project will be considered for Value Engineering studies. To this end, CONSULTANT will examine the various design elements of the PR Phase and submit an informal statement to the CITY where it appears that significant savings can be realized. The statement shall be sufficiently informative to enable the CITY to determine whether to undertake a detailed Value Assessment study or initiate immediate design changes. 1.2.10. To ensure understanding of contract objectives, meetings between the CITY and CONSULTANT will be held as often as deemed necessary by both parties. All work objectives, the CONSULTANT's work schedule, the terms of the contract, and any other related issues will be discussed and any issues or problems resolved. 1,2.11. Existing topographic mapping, photos, bridge reports, maintenance reports, right- of-way maps, 'as-built" plans, record maps and surveys, study reports, assessor's maps, contract documents, and any other pertinent data will be obtained and reviewed by CONSULTANT with the assistance of the CITY. 1.2.12. Following the receipt of the NTP, CONSULTANT will submit an Encroachment Permit application to the City of Temecula, the City of Murrieta and Caltrans to allow field staff to conduct geotechnical sampling and surveys within the freeway and city right-of-way. Concurrently, CONSULTANT will identify additional locations outside the freeway ~ight-of-way where it may be necessary to obtain specific rights of entry from affected property owners. The listing of the candidate locations will be furnished to the CITY. The CITY shall obtain rights of entry for private properties. 1.2.13. In the event that non-standard features become apparent dudng the initial design, CONSULTANT shall prepare the necessary Fact Sheets for Design Exceptions following Caltrans guidelines. Page 3 C:\TEMP~Scop~ of Work Rcv.doc 2. Required Services Performed by Consultant for the PR Phase 2.1. New Connection Report/Modified Access Report CONSULTANT will prepare plans showing access control along with final reports, in conformance with California Transportation Commission (CTC) and Federal Highway Authority (FHWA) requirements, for the alignment selected to be advanced into the Final Design Phase of the Project. 2.2. Traffic The information in the Project Study Report (PSR) prepared by Caltrans will be used in doing the work in the PR Phase of this project. The following work will form the basis for traffic studies required for approval of the Project Report (PR): 2.2.1. Early Project Support and Data Collection CONSULTANT will provide coordination with the Traffic Engineering staff for the City of Temecula in the form of answering questions and offering general limited assistance on all traffic engineering aspects of the project through meetings or phone calls. A status report will be provided when required. No new traffic d.ata is required for this study. The traffic information in the PSR is adequate for use in the PR. There are a few locations missing from the PSR exhibits, however, and it is presumed that Caltrans will be able to provide traffic turning movements for interchange intersections, where movements are not shown on the PSR exhibits. CONSULTANT will review the Iccation and intersections in the field to observe and inventory roadway geometrics, existing traffic operation, and relevant information during peak hours, 2.2.2. Traffic Analysis for Project Report CONSULTANT will prepare a Traffic Analysis and Report for inclusion in a Project Report and an Environmental Impact Report (EIR). The study will, at a minimum, incorporate the following: la) Present existing conditions, including interchange spacing and configuration, traffic volume data, weaving analysis, levels of service, and accident data. (b) Forecast future volumes for each project alternative, and calculate 20-year levels of service for each relevant location for each project alternative. lc) Evaluate the adequacy of the alternative geometrics. The Synchm program will be used to prepare a model of operational traffic flows and evaluation of intersection traffic performance for project alternatives. Weaving analysis will be evaluated by a method approved by Caltrans. There are numerous ramps and weaves to be analyzed. All traffic forecasts will be based upon information in the PSR and provided by Caltrans and/or the CITY. These forecasts will require minor adjustment to analyze alternative geometries for the PR. Page 4 C:\TEIV[P~cope of Work Rev.doc 2.2.3. Geometric Refinement CONSULTANT will suggest and review geometric drawings for the proposed improvement and alternatives from a traffic operations standpoint. This will include a review of the number of traffic and turn lanes, the length of lanes, weaving conditions and other geometric features that relate closely to traffic operations. 2.2.4. Cost Estimates Cost estimates for specialty traffic and electrical work will be provided for all alternatives. These include, but not limited to, traffic signal installation/modification, ramp meter work, freeway lighting and sign illumination, signing, pavement delineation, motodst information and traffic operating systems. The estimates will be included with an appropriate contingency factor applied. 2.2.5. Traffic Management Plan A Traffic Management Plan (TMP) will likely be required as a mitigation measure for this project upon completion of the environmental analysis. A TMP is a study document that provides information and guidance to help the field Engineer and the Contractor to minimize traffic impacts of construction. CONSULTANT will prepare a Draft Traffic Management Plan for the project. The draft TMP will propose specific measures that will be effective in reducing the impacts of project construction for mainline and interchange traffic. The study will present the following objectives: (a) Brief assessment of existing traffic conditions; (b) Brief assessment of construction related traffic impact potentials; (c) Measures that can be implemented to maintain acceptable traffic flow; (d) Strategies to limit times and circumstances of construction traffic impacts; and (e) Strategies to safely and clearly re-route motorists to avoid the construction area, The TMP is normally prepared concurrently with the PS&E; however, a preliminary TMP will be prepared during the PR Phase sufficient to assist with the development of the alternatives. The TMP will identify off-site mitigation measures that require physical construction. The cost of construction of these facilities will be identified in the TMP. 2.2.6. Report Preparation CONSULTANT will provide the traffic study to be used as a basis for the PR. The traffic study will evaluate existing conditions and future conditions with the proposed project and any alternatives. The study will present all information prepared including: (a) Existing traffic conditions; (b) Project need and purpose; (c) Future traffic volumes; (i) Future conditions without the Project; (ii)Futura conditions with Project alternatives; (d) Project alternatives; (i) Analysis of existing and forecasted traffic; (ii)Alternatives and analysis; (iii) Evaluation of alternatives; (iv) Traffic signal warrant analysis for proposed ramps; Page 5 C:\TEMP~Scope of Wol~ Rcv.doc (e) System planning; (f) Traffic Management Plan; (g) Recommendations; and (h) Conclusion. Futura forecasts will be prepared according to a methodology that is mutually acceptable to all agencies. The City of Tsmecula will provide CONSULTANT with futura traffic volumes for use in preparing the traffic report. Justification (warrant studies) for new traffic signals will be included in this document. 2.2.7. Additional Tasks Tho project will require numerous Caltrans and FHWA approvals for work in the vicinity of the freeway intemhange. Additional agencies may also be found to have jurisdiction over portions of the project. This multi-agency project review will require processing, furnishing special studies, addressing numerous comments, and resolving conflicting comments. The following am additional analyses CONSULTANT is prepared to provide: (a) Traffic Signal Synchronization Studies (b) Signal Timing Charts and/or Time-Space Diagrams (c) Multi-Agency Signal Operation Them should not be any need for additional study and analysis of the items above to a Project Report. However, due to the longevity of the project, new standards and policies are likely. Therefore the costs associated with this task are excluded from the estimated fee and will be billed on a time-and-material basis. Each task above will require coordination meetings, discussion of need, and identification of forms to be filled out according to the guidelines established by Caltrans. The needs for any specific location am not predictable, but CONSULTANT must abide by these procedures and requirements in processing. It Is not possible to assess the resource requirements to meet Caltrans needs at this time and should Issues arise that go beyond the normal scope of a PR traffic study, additional resources will likely be required. 2.3. Surveys Surveys and Mapping by CONSULTANT will include horizontal and vertical control for aerial mapping, drainage review for Project Report, Design Surveys and right-of-way engineering. 2.3.1. Control Survey (a) Coordinate with City of Temecula, City of Murrieta, and Caltmns. (b) Receive control data from Caltmns survey department. (c) Control monument recovery and verification. (d) Survey Control Monument densification: Establish additional durable control monuments in the project work ama to be used for all ongoing project survey control 2.3.2. Aerial Topographical Mapping CONSULTANT will obtain current aerial mapping in metric format for the Project. The steps involved in preparing the aedal mapping are the following: (a) Determine Mapping Limits (b) Set Ground Control and Pmmarks (using Caltmns Requirements) (c) Perform Aerial Photogrammetry Page 6 C:\TEMP~copc of Work Rev,doc (i) Calibrated cartographic camera with 6-inch total length lens (ii) Fine grain black and white serial negative film (iii) Photography will be taken at 1500 feet above mean elevation with average scale of 1:3000 (iv) Digital topographic map compilation (v) Map scale of 1:500 with 0.5-meter contour intervals (vi) Drainage areas of Santa Gertrudis Creek and Warm Springs Creek will be mapped at a scale of 1:1000 with 1 meter contour intervals (vii) Final contours will be generated from the DTM (viii) Map will adhere to Caltrans cartographic standards and project specificstions Deliverables: · Finsl digital mapping files will be in accordsnce with Caltrans specifications and will be delivered in 3-D MicroStation design (DGN) and DTM files · Rectified 2D color aerial photo of project area as a TIF image 2.3.3. (a) Water Transmission Line Surveys and Mapping Perform field surveys to locate and tie existing vslves and other sudace features of the waterline only within the area of the proposed I-15 northbound off ramp at French Valley Parkway (b) Perform field surveys to locate and tie surface festures of utilities (sepsrate from § 2.3.3(a) sbove) recognized as hsving potentisl impsct to the development of slternstives. Surveys for such festures shall be decided on a case by case basis by the CITY during the PR Phase of the Project. Costs for performing this task are not included In the estimsted fee and will be billed by CONSULTANT on e time end expense basis. (c) Provide results as overlsy to project mspping 2.3.4. (a) (b) (c) (d) Bridge Surveys for 1-15/215 Overcrossing & Winchester Road Perform field surveys to tie existing bridge clearances For 1-15/215 ovemrossing, tie all abutments, columns, bents, sofits For Winchester Road ovemrossing, tie only west end and median abutments, columns, bents, sofits Provide results in 3D MicroStation DGN format 2.3.5. (a) (b) (c) (d) Right of Way Data Sheets Prepare a property base map based on County Assessor's Map information Cost estimates for utility relocations (by others) Prepare preliminary appraisal for right-of-way and easement acquisitions Provide Right-of-Way Data Sheet in accordance with Caltrans' Specifications. A maximum of 50 parcels Is assumed for this effort. This effort Is not right of way plans thst will be required In the Final Design Phase and the Interim Design Phase. 2.4. Geotechnical Investigation and Materials Report The PR/ED normally provides preliminary geotechnical data, which include a summary of local topography, geology, any data on local active earthquake faults, the maximum credible earthquake on such faults, depth to groundwater, consequent potential for liquefaction and any available data that characterize the local soils. Page 7 C:\TEMl~cope of Work Rev.doc To collect the geotechnical data for the PR/ED, CONSULTANT will conduct a site visit to observe the topography and visualize the proposed improvements. CONSULTANT will review the available Log-of-Test-Borings (LOTB) sheets for nearby structures to determine soil type and strength, groundwater depth and any unusual subsurface conditions that may impact the Project. 2.4.1. Preliminary Foundation Report (PFR) for Advanced Pianning Studies (APS) Preliminary foundation recommendations will be included in a PFR. Format of this PFR will follow Caltrans Guidelines for Foundation Investigations and Reports, Version 1.2, dated June 2002. No new soil bodngs will be performed during the PR Phase and LOTB sheets from nearby existing structures will be used for the work. One PFR will be required for each structure APS. Left and right structures with the same bridge number will be included in one PFR; a total of nine PFR's are assumed. 2.4.2. Aerially Deposited Lead (ADL) Testing and sampling for aerially deposited lead will be completed as part of the Final Design Phase. 2.5. Preliminary Drainage Study, Bridge Hydraulics, and Scour Analysis Report Review of the flood plain map published by the Federal Emergency Management Agency (FEMA) reveals that Warm Springs channel does not have the capacity to convey the 100- year flow rate of approximately 10,200 ifa/sec beneath the freeway and, therefore, shows the section of the freeway located across the creek to be inundated and contained within the Zone "A" flood hazard area. CONSULTANT will prepare an off-site preliminary drainage study in support of the proposed freeway project. This analysis will utilize the hydrological, hydraulic and drainage design information contained in the Riverside County Flood Control District's (RCFCD) Murrieta Creek Master Drainage Plan (Murrieta Creek MPD). The preliminary drainage study will focus on evaluating the impact to the existing flood plain or channel water surface elevations and flow velocities for Warm Springs Creek and Santa Gertrudis Creek due to the proposed freeway improvements. A preliminary floodplain and design scour report will be prepared in support of the PR work phase. The floodplain study will be performed using the HEC-RAS computer model. The preliminary design scour analysis will be performed based upon the U.S. Army Corps of Engineers levee cutoff wall depth versus flow velocity design chart. 2.5.1. Data Collection and Review (WBS 160.05.30) CONSULTANT will research and validate that all of the relevant drainage information is available for use. The information will be reviewed for its usability and an evaluation whether additional preliminary drainage studies need to be performed will be completed. 2.5.2. Preliminary Flood Plain and Design Scour Report (WBS 160.10.25) CONSULTANT will prepare a flood plain report in support of the preliminary bridge design over Warm Springs Creek and Santa Gertrudis Creek. The purpose of this report is to determine the design parameters for the proposed bridge structures and to evaluate Page 8 C:\TEMP~eope of Work Rev.dcc the potential impact of those bridges to the existing and established design flood plain elevations, widths, and flow velocities, The scope of the study includes the following: (a) Determination of the design flow rates for Warm Springs Creek and Santa Gertrudis Creek. (b) Development of the preliminary flood plain models for the existing (pre-bridge improvements) and proposed (post-bridge improvements) conditions utilizing the HEC-RAS computer program. Proposed floodplain studies based upon a maximum of two (2) Bridge design alternatives for each of the streams will be prepared. It is anticipated that a flood plain study for a study reach of approximately 8,000 feet for Warm Springs Creek will be provided. The study reach for Santa Gertrudis Creek is estimated to be approximately 3,000 feet. The stream cross sections will be developed using the HEC-RAS Boss computer model. (c) Determination of the preliminary design scour for the two streams utilizing the U.S. Army Corps of Engineers levee cutoff wall depth versus fi(~w velocity design chart. (d) Preparation of the flood plain and preliminary design scour report. This report will include a narrative, backup calculations and exhibits. 2.5.3. Agency Processing (WBS 180.05.05) CONSULTANT will update the floodplain and preliminary scour report as needed to obtain City, RCFCD, and Caltrans approval. 2.5. 4. Meetings and Coordination CONSULTANT estimates approximately 60 hours of meeting and coordination time with the City of Temecula, Riverside County Flood Control District, and CALTRANS will be required to provide this work. 2.6. Preliminary Utility Base Map and Coordination CITY is considered the "Utility Coordinator" for the Project. CONSULTANT will assist the City of Temecula with meetings and correspondence to the utility companies affected by the Project. These utility companies include, but are not limited to, the Rancho California Water District (RCWD), Metropolitan Water District (MWD), the Eastern Municipal Water District (EMWD), Southern California Gas Company (SCG), Southern California Edison (SCE), telephone franchises, Riverside County Flood Control & Water Conservation District (RCFC&WCD), the City of Temecula, the City of Murrieta, Adelphia Cable, Verizon, and Caltrans. To acknowledge and track the status of notifications and communications with the numerous utility providers, CONSULTANT will prepare a spreadsheet that will be frequently updated with current information. From record utility information provided by the various utility owners, CONSULTANT will create a utility base map. Existing information will be converted from Imperial to Metric units of measure for the map. Potential conflicts between the Project and existing utilities will be identified and potholes to verify horizontal and vertical field locations will be suggested. Performing the potholes, however, is reserved for the Final Design Phase and the Interim Design Phase of this agreement. Page 9 C:\TEMP~cope of Work Rev.doc 2.7. Roadway and Structural Design 2.7.1. Right of Way Maps Preliminary right of way requirement maps will be prepared for each alternative to evaluate respective right of way costs. These maps will include the right of way needed for the Poject as well as temporary and permanent easements. 2. 7.2. Roadway Coordinate Geometry Roadway calculations will be performed using COGO PC, InRoads, Geopak, or Road Calc. 2.7.3. StructuralAnalysis Structural analysis will be performed using STADTIII, GTSTRUDL, SEISAB, PCBRIDGE, PCYIELD, PCFOOT, PCBENT, and PCABUT programs. Data files and results will be submitted to CITY on diskettes along with one (1) paper copy. 2.7.4. Computer Aided Drafting and Design (CADD) All drawings will be prepared using Intergraph Microstation IGDS format in conformance with the current edition of the Caltrans CADD Users Manual and Caltrans Drafting and Plans Manual. CONSULTANT will provide CITY converted Microstation files into AutoCAD format, 2.8. MITIGATED NEGATIVE DECLARATION/ENVIRONMENTAL ASSESSMENT This scope of work assumes a California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) analysis in the form of an Initial Study (IS)/Mitigated Negative Declaration (MND) and an Environmental Assessment (EA)/Finding of No Significant Impact (FONSI). 2.8.1. Environmental Requirements In accordance with the City of Temecula Request for Proposal (RFP), a scope of work is included for an IS/MND for compliance with CEQA and an EA and FONSI for compliance with the NEPA. It is assumed that these will be a joint document receiving concurrent reviews by the CITY and Caltrans. The purpose of the CEQA/NEPA environmental documentation is to provide decision makers with a thorough understanding of the proposed project alternative(s) and the environmental implications of each. CITY will obtain right-of-entry permits to allow the necessary technical studies and environmental evaluation to be conducted. Throughout the sub-tasks that follow, a number of meetings are identified. It is assumed that many of these will be in the form of Project Development Team meetings. (a) Perform Environmental Scoping and Select Alternatives for Study (WBS 165.05): CONSULTANT will meet and coordinate with the City of Temecula to discuss the project and the proposed scope of work. This coordination effo~l is proposed to ensure that the CITY concurs with the scope of work, studies to be completed, and appropriate environmental documentation for the project. This document also provides the opportunity for the CITY to provide input on the Page 10 C:\TEMP~cope of Work Rev.doc anticipated community reaction to the proposed project. If there are available resource documents related to the proposed project or other projects in close proximity to the project site, CONSULTANT would need to obtain a copy of these documents at this meeting. This would include any information on status of entitlements for the Harveston Specific Plan. Based on the results of the initial meeting, this scope of work will be modified, if necessary, and presented to Caltrans at a subsequent meeting. The need for scoping meetings, and if necessary, meeting format should be discussed at this meeting. The Project Study Report indicates that there is no known public opposition to the project. Given the limited extent of the anticipated impacts and lack of public controversy no public scoping meeting is assumed to be necessary for this project. The outcome of this meeting will be documented and CONSULTANT will move forward with preparing the agreed upon analysis. Deliverable: · Attendance at two project meetings · Documentation of communication with responsible agencies Perform General Environmental Studies (WBS 165.10): For each technical report, four versions are assumed. This will allow a preliminary review of the document by the CITY. The comments by the CiTY will be incorporated prior to submittal of the second version of the report to Caltrans and the CITY for review. A third version will incorporate Caltrans comments for their review. A final fourth version of the report is assumed as an approval version. If additional versions of the reports are required, a scope amendment will be negotiated. These technical studies will be summarized in the environmental document. Copies of the final technical reports will be available for review with the environmental document. (i) Noise - CONSULTANT will perform an acoustical study for the subject project that complies with all of the procedures outlined in the "Traffic Noise Analysis Protocol" developed by Caltrans, and the requirements outlined in Request for Qualifications No. 002 developed by the City of Temecula Department of Public Works. The study will entail identifying noise-sensitive land uses and appropriate noise measurement locations within the project area. These will be subject to the review and approval of Caltrans, the City of Temecula, and the City of Murrieta. Concurrent traffic counts will be obtained with the noise measurements in order to calibrate the Sound32 computer model to existing conditions. Using the calibrated model, CONSULTANT will analyze the future noise environment in the study area without the project. Additional analysis will be undertaken with the Sound32 model to estimate the future noise environment that will occur if the alternative interchanges being considered is constructed. If the future project noise levels exceed the Caltrans noise abatement criteria, CONSULTANT will analyze alternative methods of mitigating the impacts. For every soundwall considered in the study, a feasibility and reasonableness analysis based on Caltrans procedures will be conducted. A draft report of findings will be submitted for review and comment. Comments will be addressed in a final report. Throughout the project CONSULTANT will attend meetings as necessary to support the project. (ii) Air Quality - CONSULTANT will estimate construction and operational emissions using South Coast Air Qualify Management District (SCAQMD) ~ Consultation with responsible and trustee agencies will be conducted informally and documented for the files. Should public opposition develop or other public concern surface, scoping meetings are recommended. Scoplng meetings and the record of scoplng are an out of scope Item. Page 11 C:\TEMP~Scope of Work Rev.doc (iii) 1) 2) emission generation factors. Analyses will be consistent with procedures and significance thresholds contained in the SCAQMD CEQA Handbook and Caltrans protocol. Principal impacts will be from construction. Peak day and quarterly impacts will be identified and mitigation will be proposed to reduce impacts to less than significant levels. Based on information developed by the traffic consultant, emissions from changes in regional and local traffic will be assessed to determine the extent of both negative and positive impacts on air quality. These changes will be compared to existing air quality. Mitigation measures will be proposed for any impact found to be significant. It is understood that the project does include federal money and, therefore, a conformity statement will be prepared in compliance with Caltrans and Environmental Protection Agency (EPA) requirements. Mitigation measures will be identified as necessary. Preliminary Site Investigation - The objectives of the PR Phase Initial Site Assessment for the properties proposed herein is to: evaluate the potential for hazardous materials on the site based upon readily discemible and/or documented present and historic uses of the properties and uses immediately adjacent to the sites, and generally characterize the expected nature of hazardous materials that may be present as a result of such uses, within the limits imposed by the scope of the assessment. These assessments are not intended to provide specific qualitative or quantitative information as to the actual presence of hazardous materials at the site, but to merely identify the potential presence based on available information. The following procedures and methods will be employed in preparing the assessment: Title Search - If provided by the City or Caltrans, CONSULTANT will review chain-of-title documents regarding the real property, including all deeds, easements, leases, restrictions, and covenants along the proposed alignment. CONSULTANT will report on any documents that may indicate a basis for inferring potential contamination of the subject site by hazardous substances. Ae~fal Photographs - CONSULTANT will obtain available (no less than four) historic aedal photographs from governmental or other sources. The photographs will be reviewed to determine the past use(s) of the subject site and adjacent properties. A detailed discussion of identifiable site characteristics including, but not limited to, areas of dumping, solid waste, surface spills, stained soils or pavement, fill or other visible signs of potential contamination; the presence of above ground storage tanks and the presence of associated fill pipes; the presence of power line transformers, electrical substations or other electrical equipment; railroad spurs; surface impoundment or holding ponds; apparent wetlands; and surface water drainage pattems/stormwater runoff, pits, ponds, or lagoons; and stressed vegetation, will be provided. Subject Site - CONSULTANT will observe, inspect, and report on the subject site. Obviously stressed vegetation, evidence of waste discharge or collection, fill materials, sink holes, wells, etc, will be identified. A series of site representative photographs will be taken at the time of the site visit and included in the assessment. CONSULTANT will obtain or draft a representative map and/or schematic to scale of the subject site for inclusion in the assessment. Page 12 C:\TEM~Scope of Work Rev.doc It should be noted that the site inspection specifically excludes any subsurface investigation including, but not limited to, sampling and/or laboratory analysis. Adjacent Property - During the site inspection, a preliminary visual examination of immediately adjacent property conditions (approximately 0.25 mile from the subject site) and their general nature will be conducted. Review of Public Records- Based on an Environmental Data Resoumes, Inc. (EDR) database search, CONSULTANT will review the existing federal, state and local agency records regarding known hazardous material sites/handlers. All identified sites, typically within a one-mile radius, will be listed within the PR Phase Initial Site Assessment. Contacting Agencies - CONSULTANT will mail or deliver a letter to each appropriate regulatory authority, in the Freedom of Information Act (FOIA) format if required, to determine whether: · there has been any notice of violation, cease and desist order, memorandum of understanding, or injunction issued with respect to the subject properties; · the subject properties or any facilities thereon are presently under investigation for violation of any environmental laws, regulations, or standards; · the subject properties are listed on any Environmental Protection Agency databases, including but not limited to, CERCLIS, RCRA notifiers, SARA Title Ill, inventory of open dumps, PCB notification records, or similar State law lists or databases, including but not limited to, state-permitted landfills, solid waste disposal sites, or Underground Storage Tank notification records; · there have been any reported violations or registered complaints, that the subject properties or any facilities thereon are not in compliance with environmental laws, regulations, or standards; and · there is any other pertinent information relating to the subject properties or neighboring properties in the files of the regulatory authority. 2.8.2. Initial Site Assessment Report CONSULTANT will complete the standard Caltrans ISA Checklist. This will be supplemented with the findings, conclusions, and recommendations for future work based on the information obtained from the above research. Deliverables: · Six (6) copies of each technical study for City team review (18 total reports) · Ten (10) copies of each technical study for City and Caltrans review (30 total reports) · Ten (10) copies of each revised technical study for City and Caltrans review (30 total repons) · Five (5) copies of each the approval technical study for City and Caltrans review (15 total reports) · Six meetings with Caltrans and City staff to discuss technical studies (2 meetings per report) Page 13 C:[TEMP~Scope of Work Rev.doc 2.8.3. Perform Biological Studies (WBS 165.15) The same review process assumed for the technical studies would apply to the biological study. (a) Biological Assessment~ - A literature review will be conducted to determine what species have been identified as special status by state, federal, and local resoumes agencies and organizations and have the potential to occur within the project site or its immediate vicinity. Soumes to be reviewed include: 1) special status species lists from the California Department of Fish and Game (CDFG), U.S. Fish and Wildlife Service (USFWS), and California Native Plant Society (CNPS); 2) the most recent Federal Register listing package for each federally listed Endangered or Threatened species potentially occurring within the project site; 3) the CDFG Annual Report on the status of California's listed Threatened and Endangered plants and animals; and 4) other biological studies conducted in the vicinity of the project site. A description of the existing quality and species composition of the vegetation types on the project site will be compiled based upon observations and field notes taken during the survey. Vegetation types identified on the site, including any special status vegetation types, will be mapped to descdbe their extent and distribution on the project site. The Project Study Report (PSR) identified that there were no wetlands within the study area; however, the project does cross Warm Springs Creek and Santa Gertmdis Creek. CONSULTANT believes that during review of the environmental document, Caltrans would determine that a wetlands delineation study would be required. Therefore, this scope assumes completion of jurisdictional studies for Army Corps of Engineers and California Department of Fish and Game (task described below). A general walk-over survey, that will include an assessment of the potential for special status plant and wildlife species that may be present, will be conducted tO identify and document existing plant and wildlife use on the project site. This survey will be conducted simultaneously with vegetation mapping. A compendia of plant and wildlife species observed during field surveys on the project site will be developed based on observations from field notes. The compendia will be included with the documentation for the project site discussed below. This scope does not Include any directed surveys for plant or wildlife species, Concurrence on this approach should be confirmed with Caltrens and the resource agencies early In the process, so If it Is determined that surveys are required that they can be programmed to comply with survey protocol (I.e,, If the surveys need to be done In spring that the window of opportunity Is not missed). (b) Wetlands - CONSULTANT will perform a jurisdictional delineation to determine jurisdictional "waters of the United States", including wetlands (if present), located within the boundaries of the proposed project. It is assumed that delineation work will be required at Warm Springs Creek and Santa Gertrudis Creek. The delineation will result in a determination of the ordinary high water mark(s) (OHWM) within the project site and indicate the existence of any adjacent wetlands not within the jurisdictional ordinary high water mark. The actual presence or absence of wetlands onsite will be verified through the determination of the presence of hydrologic conditions, hydrophytic vegetation, and hydric soils pursuant to the 1987 Army Corps of Engineers (Corps) Wetland Delineation Manual. = The Biological Assessment is a general evaluation of biotic resources and is not to imply a Biotogical Assessment used to obtain a Biological Opinion used for a Section 7 or lO(a) permit. Page 14 C:\~liMP~cope of Work Rev.doc (c) (d) Using detailed mapping of the project area, CONSULTANT shall prepare a jurisdiction delineation map and report detailing the results of the field delineation. CONSULTANT will provide an assessment of acreage considered by the ACOE and the CDFG to be jurisdictional "waters of the United States". Resource Agency Coordination - CONSULTANT shall coordinate an onsita meeting with the Corps of Engineers, the CDFG, and the Regional Water Quality Control Board (RWQCB) at the appropriate time to discuss potential permitting strategies available for the proposed project, including mitigation expectations. The actual permit applications are assumed to be Included In the Final Design Phase of the project and have not been included In this scope of work. Natural Environmental Study - A Natural Environmental Study (NES), pursuant to Caltrens guidelines, will be developed based upon the results of the various biological surveys, analyses, and data compilation described above. The report will describe: a) the methodology used to conduct the biological surveys; b) a detailed description of the existing vegetation types and associated wildlife resoumes identified on the project site; c) potential impacts from project development; and d) recommended mitigation measures to reduce identified impacts to less than substantial levels. The consistency and compatibility of the project with the draft Multi-Species Habitat Conservation Plan (MSHCP) will be evaluated. This would include an evaluation of policies, as well as reserve design. Given that the MSHCP is still in draft format, the processing of an amendment or modification to the plan is not assumed should a project incompatibility be identified. The results of the NES would be the basis of the biological resources discussion in the IS/EA. Deliverables: · Six (6) copies of the NES for City team review · Ten (10) copies of the NES for City and Caltrans review · Ten (10) copies of the revised the NES for City and Caltrans review · Five (5) copies of each the approval NES for City and Caltrens review (15 total reports) · Two (2) meetings with the City and Caltrans for review of the NES. 2.8.4. Perform Archaeological Survey (WBS 165.20.05) The same review process assumed for the technical studies would apply to the Archaeological Survey, (a) Area of Potential Effect Maps - CONSULTANT will prepare Project Location and Project Vicinity maps for Section 106 documentation in Caltrans- recommended format. CONSULTANT will prepare a scaled engineering drawing of the proposed project electronically to which the boundaries of the Area of Potential Effects (APE) and other details may be applied. The APE Map will be prepared according to specifications in Appendix G of the Caltrans Section 106 Consultant Guidance Handbook. This task includes one meeting with Caltrans District 8 staff to ensure compliance with APE Map requirements and specifications. (b) Perform Records and Literature Search - CONSULTANT will obtain a full cultural resources records search from the Eastern Information Center (EIC) at the University of California, Riverside. The records search will provide information on previously recorded cultural resources in the project vicinity and previous cultural resources investigations. The Historic Resource Inventory (HRI) for Riverside County will also be consulted. The HRI contains listings for the National Register of Historic Places (NRHP), Califomia Register of Historic Page 15 C:~TEMP~cogc of Work Rcv.doc (c) (d) Resoumes (CRHR), California Historical Landmarks (CHL), and California Points of Historical Interest (CPHI). The Native American Heritage Commission (NAHC) will be contacted and asked to check the Sacred Lands File and provide a list of Native Americans who may have knowledge of resoumes in the area. Local historical societies, as available, will be contacted regarding potential historic structures or other resoumes in the project vicinity. Conduct Field Survey - A field survey of the project study area, as defined by the APE maps, will be conducted by a qualified amhaeologist. Amhaeological Survey Report - An Amhaeological Survey Report (ASR) will be prepared according to the Caltrans Section 106 Consultant Guidance Handbook. The ASR will describe: 1) the reseamh methods used in compiling the inventory of amhaeological identified; 2) the existing archaeological resoumes in the project vicinity; and 3) the potential of the project to impact amhaeological resoumes. The APE maps will be attached to the ASR. Negative Findings for the ASR is assumed for this scope of work. Deliverables: · Submittal of two (2) sets of draft APE maps for review by the City and Caltrans · Submittal of re¥ised APE maps for approval by Caltrans · Six (6) copies of the ASR for City team review · Ten (10) copies of the ASR for City and Caltrans review · Ten (10) copies of the revised the ASR for City and Caltrans review · Five (5) copies of each the approval ASR for City and Caltrans review (15 total reports) · Three meetings with City and Caltrans staff, one meeting for the APE and two for review of the ASR, 2.8.5. Prepare and Process Cultural Resource Compliance Documents (WBS 165.20.25) (a) Prepare Historic Pro~3erty Survey Report - CONSULTANT will prepare a Historic Property Survey Report (HPSR) according to the Caltrans Section 106 Consultant Guidance Handbook. The HPSR will be prepared by a qualified amhaeologist and will involve a field survey of the project site. The reports will describe: 1) the reseamh methods used in compiling the inventory of archaeological and historic resources identified; 2) the existing archaeological and historic resources in the project vicinity; and 3) the potential of the project to impact amhaeological or historic resoumes. The final APE maps wile be attached to the HPSR. Negative Findings for the HPSR are assumed for this scope of work. This task includes two meetings with Caltrans District 8 staff to ensure compliance with Section 106 requirements. No Historical Architectural Survey Report (HASR) Is deemed necessary because of the undeveloped and newly developed nature of the atudy area. Should a closer evaluation of the study area, Identify resources, a scope amendment would be required. Any work necessary beyond what Is shown for the above tasks on this scope of work will be billed on a time and materials basis after prior approval. At this time, It Is uncertain If an archaeological data recovery plan or memorandum of agreement with the State Historic Preservation Officer is required, therefore, these Items are not included in the scope of work. Deliverables: Page 16 C:\TEMl~Scope of Work Rev.doc · Submittal of two (2) sets of final APE maps for review by the City and Caltrans · Submittal of revised APE maps for approval by FHWA · Six (6) copies of the HPSR for City team review · Ten (10) copies of the HPSR for City and Caltrans review · Ten (10) copies of the revised the HPSR for City and Caltrans review · Five (5) copies of each the approval HPSR for City and Caltrans review (15 total reports) · Two meetings with City and Caltrans staff for review of the HPSR. 2.8.6. Prepare and Approve Draft Environmental Document (WBS 165.25) (a) Prepare Draft Environmental Document (DED) - In compliance with Section 15063 of the CEQA Guidelines, and with the Caltrans Environmental Handbook, the IS/EA will contain a description of the project, including the location of the project; a discussion of the environmental setting; an identification of environmental effects; and a discussion of mitigation measures. The discussion of environmental setting will be based on a review of existing literature and a site visit. The discussion of environmental effects will follow the State CEQA environmental checklist form unless the CITY or Caltrans requests another format. In compliance with NEPA, the impacts associated with all project alternatives will be assessed at the same level of detail. This scope of work assumes a maximum of three alternatives will be evaluated in the IS/EA. It is assumed that the three alternatives will be developed from data in the Project Study Report and through collaboration with the City and Caltrans. In compliance with the Sundstrom vs. Mendocino case (1988), an explanation for all checklist answers will be included to provide the City of Temecula and Caltrans with an understanding of how the IS/FA conclusions were reached. Mitigation measures will be clearly identified to facilitate the development of the mitigation monitoring and reporting program. Following is a description of the work effort for assessing potential environmental effects relative to each topical issue. (i) Land Use and Planning - CONSULTANT wilt conduct a site visit to document existing land uses surrounding the project site and will review existing planning documents relevant to the project area. It is assumed that access to the properties within the project study area (Caltrans, as well as private property) will be coordinated through the CITY. Environmental documentation previously prepared for the project vicinity will also be reviewed. A discussion of the project compatibility with surrounding existing and planned land uses, and consistency with applicable planning documents, will be provided. Since the project is not bisecting an established community, no community impact study is anticipated. Mitigation measures will be provided as necessary. (ii) Socioeconomics - It is assumed that minimal right-of-way takes will be required to implement the project and that potentially several structures would be displaced. Significant socioeconomic impacts would not be expected because there would be ample opportunity for these uses to relocate in the area and implementation of standard conditions (i.e., relocations assistance) would compensate for the potential losses to the building owner and business owner. Additionally, there is undeveloped area that could be built to accommodate these uses, if necessary. The socioeconomic implications of acquiring the necessary right-of-way will be Page 17 C:\IEMPkScope of Work Rev.doc discussed under the land use section. There will be a general discussion of relocation opportunities, however, no separate aocloeconomlc Impact study or relocation Impact document are assumed In this scope of work. Should it be determined that the uses to be displaced have unique characteristics that would make relocation exceptionally difficult, separate technical studies may be required. Technical studies are also not anticipated to address growth inducing impacts because the project is intended to serve existing and planned growth in the study area and region. Though potentially growth facilitating, the project would not provide sufficient new capacity to be considered growth inducing. This will be addressed in the environmental document. No separate technical report on growth inducement will be provided. (iii) Geologic Factors - CONSULTANT will summarize geotechnical information and information available through the General Plan. This scope of work assumes that the information provided would be sufficient to address the questions in the CEQA checklist and that mitigation measures will be identified as necessary. (iv) Water - CONSULTANT will summarize any available site drainage information. This scope of work assumes that the information available will be sufficient to address the questions identified in the CEQA checklist. (v) Air Quality - CONSULTANT will summarize the technical study prepared for air quality. (vi) Transportation/Cimulation - CONSULTANT will summarize data regarding traffic operations with and without the project. It is assumed that the technical report would provide sufficient detail for providing a comparison analysis of each of the alternatives and for conducting the air quality and noise evaluation. (vii) Biological Resoumes - CONSULTANT will summarize the NES prepared for the project. (viii) Energy and Mineral Resoumes - CONSULTANT will prepare a qualitative discussion of potential effects related to energy and mineral resoumes. The energy evaluation would be based on the number of vehicle miles traveled on a regional basis for each alternative and reference to level of service. No quantification of energy usage is assumed The California Department of Mines and Geology data will be used for the evaluation of mineral resources. (ix) Hazards - CONSULTANT will summarize the technical study prepared for hazardous materials. It is assumed that there would not be any design issues that would result in a hazardous condition. Mitigation will be described as necessary. (x) Noise - The noise technical study will be summarized. (xi) Public Services and Utilities - CONSULTANT will assess potential impacts to public services and utilities, including the following: police, fire, water, sewer, schools, electricity, and natural gas. CONSULTANT will coordinate with utility and service purveyors, as necessary, to complete this analysis. It is assumed that no impacts will occur to police, fire, and schools; appropriate documentation will be provided to confirm this assumption. Mitigation will be provided as necessary. (xii) Aesthetics - CONSULTANT will assess potential visual changes resulting from implementation of the project. The analysis will utilize cross sections and will focus on sensitive viewsheds from nearby residential Pag~ 18 C:\TEM~Scope of Work Rev.doc (b) (c) (xiii) (xiv) areas. A Visual Impact Study and simulations are assumed not to be necessary because of the limited number of view sensitive uses in the area. The construction of the intemhange would change the visual character immediately adjacent to the project; however, the overall character of the study area would not be substantially altered because the 1-15 corridor is such a prominent feature. The approved Harveston Specific Plan assumed the ultimate construction of the French Valley Parkway intemhange and has planned land uses accordingly. Mitigation will be recommended as necessary. Cultural Resoumes - The ASR and HPSR will be summarized in the DED. Recreation - There are no recreational resoumes that would be affected by the proposed project. This will be documented in the IS/EA, It is assumed that no analysis pursuant to Section 4(0 of the Department of Transportation Act will be required for this analysis. The City of Temecula will review the first or screencheck version of the document. Following review of the screencheck, a second version (DED) will be prepared for review by the City of Temecula and Caltrans District 8. Environmental PEER & Other Review - It is assumed that the Caltrans' district unit review and the "peer review~ will be done concurrently, rather than two separate versions of the document. Once comments are received, revisions to the DED will be made and the document will be sent with the Draft Project Report to the District Director for cover sheet signature (third version of the DED). CONSULTANT will revise the document to address the comments and suggested revisions provided. Obtain Approval to Circulate - A fourth version of the document is for submittal to the Federal Highway Administration (FHWA). It is assumed that the district and region will look at the document concurrently. The fifth and final version is the approval to circulate version sent to FHWA. It is recognized that minor comments may be received on this version of the document; however, it is anticipated that these would be minor edits and transmittal of another version of the document to FHWA is not required. Deliverables: · Attendance at three meeting pertaining to the DED · Eight (8) copies of the screencheck IS/EA · Eighteen (18) copies of the DED for Caltrans and the City · Fifteen (15) copies of the revised DED for Caltrans and the City · Sixteen (16) copies of the pre-approval DED for FHWA, Caltrans, and the C~ty · Twelve (12) copies of the approval DED for FHWA, Caltrans, and the City 2.8. 7. Circulate Draft Environmental Document (WBS 175.05) (a) Master Distribution List - CONSULTANT will work with the City of Temecula and Caltrans to develop a distribution list. The distribution list will be submitted to both the City team and Caltrans for review and comment. Revisions and additions will be made accordingly. (b) Notices - CONSULTANT will prepare the Notice of Availability and the Intent to Adopt a Negative Declaration. The format of the notice will be coordinated with the City and Caltrans. Often the Notice of Availability also can serve as a public hearing notice. If it is determined that the notice should be published in a newspaper of general readership, the publication will be done by the City or Page 19 C:\TEMP~cope of Work Rev.doc lc) Caltrans. If a public meeting during the public review period is held, this is provided below as one of the public hearings/meetings. Publish and Cimulate DED - CONSULTANT will be responsible for the printing and distribution of the IS/EA. It is assumed that a maximum of 80 copies will be distributed to the public, with an additional 40 copies printed for distribution to the Planning Commission and City Council, city staff, and Caltrans staff. Deliverables: · Five (5) copies of a draft distribution list. · Three (3) copies of the final distribution list. · Five (5) copies of a draft Notice of Availability · Three (3) copies and a master copy of the Notice of Availability. · Eighty (80) copies of the DED. 2.8.8. Prepare for and Hold Public Hearings (WBS 175.10) la) Determine Need for Public Hearing Process - CONSULTANT will participate in discussions with Caltrans and the City of Temecula on the need for a public hearing during the public review period for the DED. It is assumed that no public hearing is required, however, it may be desired to meet with a Planning Commission or City Council workshop. It is assumed that up to three public meetings will be required. This would allow for a Caltrans workshop during the project open house, a Planning Commission hearing, and a City Council meeting. lb) Public Hearing Logistics - If a separate meeting during the public review period is requested, CONSULTANT will assist in setting up for the meeting. Caltrans and City staff will make recommendations on the best location for the meeting. If the location is not at a City facility, it is assumed that the City or Caltrens will reserve the space. Additionally, if it is determined that a court reporter is required to make document the public hearing, CONSULTANT can make the arrangements; however, the fee for the court reporter Is not Included In the project budget. lc) Hold Public Hearings - CONSULTANT would attend the public hearings. It is assumed that the Principal-in-Charge, the Project Manager and two technical staff would attend the hearings. (d) Record of Public Hearing - CONSULTANT would prepare a record of the public hearing. If a cour~ reporter makes a transcript of the hearing, this would be an attachment. Other items included in the report would be the sign-in sheets, photographs of all the display graphics and hand-outs, and a summary of the issues raised. A draft of the public hearing record would be submitted to the City and Caltrans for review and comment. Revisions to incorporate comments would be made. The record of the public hearing would be incorporated into the final environmental document. Deliverables: · Three (3) display graphics · Ten (10) copies of draft of public hearing hand-out for review by City and Caltrans · Five (5) copies of revised public hearing hand-out for approval · Sixty (60) copies of a public hand-out for public meetings · Ten (10) copies of draft of public hearing record for review by City and Caltrans · Five (5) copies of revised public hearing record for approval Page 20 CATEMPXScope of Work Rev.floc 2.8.9. Respond to Public Comment and Correspondence (WBS 175.15) Once the MND/EA review period has ended, CONSULTANT will review the comments received and develop an approach to responding to any comments. Responses to comments are not required for the MND, but they are recommended to assist the lead agency in the decision making process. Additionally, they would be required as part of the preparation of the FONSl for FHWA approval. Topical responses, with a brief summary of the response and reference back to the larger response, will be used if multiple comments are received on the same issue. This will allow a more complete response without undue repetition. The draft responses to comments will be submitted to the City for review. Any revisions to the responses to comments will be made and the responses to comments will be submitted to Caltrans for review. A total of 90 hours of technical staff time, and associated support staff time, are assumed for the preparation of responses to comments. This provides for 50 hours for tho Initial responses to comments and a total of 40 hours responding to both the City and Caltrens comments on the responses (three sets of revisions). Should extensive comments be received or new technical analysis Is required, a scope amendment would be required. Additionally, three meetings are assumed through the response to comments process, Deliverables: · Five (5) copies of draft responses to comments for City · Ten (10) copies of draft responses to comments for City and Caltrans · Ten (10) copies of the revised draft responses to comments for City and Caltrans · Three (3) meetings to discuss responses to comments 2.8.10.Prepare Final Environmental Document (WBS 180.10) (a) Prepare and Approve FED - Once Caltrans has agreed to the approach used in the responses to comments, the final environmental document will be prepared. This involves modification to the document cimulated for public review to incorporate any new information or changes as a result of public comments. Three versions of the final environmental document are anticipated. The first would be for a concurrent City and Caltrans review, the second would be transmitted to FHWA, and the third would be a FHWA approval document. It is assumed that the Final Environmental Document would be sent to responsible agencies and commentors on the document. (b) Notice of Determination - Following adoption of the MND by the City of Temecula, CONSULTANT will prepare the Notice of Determination (NOD) to be filed with the County Clerk and the Governor's Office of Planning and Reseamh. CONSULTANT will coordinate the necessary NOD filings on behalf of the City; however, any filing fees will be paid directly by the City. A copy of the NOD will also be sent to Caltrans. Since the project involves a new connection, the California Transportation Commission will need to take action on the project, necessitating that the CTC also file a NOD. (c) Mitigation Monitoring and Reporting Plan - To comply with Public Resources Code 21081.6, CONSULTANT will prepare a mitigation monitoring and reporting plan (MMRP) for adoption with the MND. The MMRP is required to ensure compliance with adopted mitigation requirements during project implementation. The program will be prepared in matrix format and will provide the timing and responsibility for each mitigation measure. A draft copy will be submitted for review by the City of Temecula. Revisions will be made accordingly. Since this is a CEQA requirement and the City is the lead agency for CEQA, Caltrens review is not deemed to be necessary. Dellverebles: Page 21 C:\TEMP~cope of Work Rev.doc · Ten (10) copies of revised Final Environmental Document · Twelve (12) copies of draft Final Environmental Document · Twelve (12) copies of approval Final Environmental Document · Forty (40) copies of the Final Environmental Document · Draft Notice of Determination (2 copies) · Revised Notice of Determination (2 copies) · Five copies of the draft MMP (City review) · Twenty-five (25) copies of the final MMP (staff and decision-makem) 2.9. Project Report A Project Report (PR) will be developed following Caitrens procedures and criteria outlined in the Caltrans Project Development Procedures Manual. The Project Report and Project Approval Report will be submitted to Caltrens and the CITY for review and approvals. The Project Report will provide project background and address deficiencies and needs. It will include the alternatives developed in the Project Study Report (PSR) phase, screened for further study, along with one new alternative developed by CONSULTANT. The PR will evaluate these alternatives and recommend a preferred alternative to be advanced to PS&E. 2.9.1. Alternatives CONSULTANT will develop three build alternatives and one no-build alternative. Advantages and disadvantages will be identified for each alternative. 2.9.2. Drawings Base plan and profile drawings will be developed from aerial topography sheets. Preliminary horizontal and vertical roadway alignments for each alternative will be generated for review by the City of Temecula, the City of Murrieta, and Caltrans. 2.9.3. (a) (b) Preliminary Bridge Design One Advanced Planning Study (APS) will be prepared for the preferred alignment at each of up to ten structures. It is anticipated that the ten structures will include: (i) Warm Springs Creek Bridge Right (Widen) (ii) NB On Ramp From Winchester Rd over Santa Gertrudis (Widen) (iii) SB On Ramp From French Valley Parkway (iv) Santa Gertrudis Creek Bridge Right (v) Warm Springs Creek Widen Left (vi) Winchester Road SB Off Ramp over Santa Gertrudis Creek (vii) French Valley Parkway O.C. (viii) French Valley Parkway NB Off Ramp (ix) Winchester Retaining Walls Left (x) 1-15 SB French Valley Parkway Off Ramp Retaining Walls (if required) The existing bridges consist in general of slab bridges supported on driven pile bents. It is anticipated that the majority of the bridge widenings and creek crossings may be of similar construction. The main overcrossing (French Valley Parkway) may be a prestressed concrete box girder bridge. The APS will determine a feasible type of structure for each site, a preliminary estimate of probable construction cost, and construction restrictions at each site such as scour, wildlife corridors and traffic staging. Each Bridge APS will include the following level of effort: Page 22 C:[TElC~cope of Work Rev.do~ (i) Data Collection and Review (ii) Review of the road plans for the preferred alignment (iii) Review of the preliminary geotechnical report (iv) Review of the preliminary hydraulic report (v) Review of the preliminary environmental document (vi) Review of the right of way plans (vii) Review the utility and drainage plans (viii) Review the as-built plans (ix) Review the maintenance reports for the existing bridges (c) Prepare Advance Plan on 11 inch x 17inch format (Caltrans Memo to Designers 1-8) including: (i) Structure type (ii)Structure depth (iii) Length, width, and type (iv)Falsework clearance (v) Falsework openings (vi)Railings (vii) Column types (viii) Foundation (ix)Aesthetics (x) Lane widths (xi)Cut and fill slopes and slope paving (xii) Retaining walls (xiii) Bridge removal (xiv) Approach slabs (xv)Show potential seismic retrofit (xvi) Show required maintenance items (d) Prepare Planning Study Estimate (Caltrans Bridge Design Aids 1 1-4 (e) (i) (ii) (iii) (iv) (v) (i) (ii) (iii) (iv) Prepare preliminary quantities Use Caltrans Coded Item List Use Caltrans Historical Cost Data books for unit prices Adjust unit prices based on site conditions i.e. widening, stage construction and restricted construction season. Document all adjustments to standard unit prices. Separate out maintenance, smsmic retrofit and barrier upgrade costs. List all assumptions/limitations on plan Project Coordination/Quality Control Design Engineer will attend up to 6 team meetings Review all advance plans, quantities, estimates, and structure clearance calculations Submit Advance Planning Studies Submit revised Advance Planning Studies and letter of response. 2.9.4. Right of Way CONSULTANT will develop sketches and exhibits for right of way limits, potential acquisitions and temporary construction easements required for each alternative. A rough preliminary estimate of right of way costs will be prepared. Page 23 C:\TEMP~Scope of Work Rev.doc 2.9.5. lnitial Facility Cost Estimate and Schedule CONSULTANT will prepare an initial rough order magnitude construction cost estimate and rough schedule for each proposed alternative. The cost estimate will be based only on the major construction items. A project schedule will be developed for the design and construction utilizing Microsoft Project for the preferred alternative. The project schedule will indicate anticipated durations for general task items. 2.9.6. Value Analysis A value analysis will be undertaken as early as practicable during the development of the Project Report. This effort will involve review by CONSULTANT senior staff members along with the CITY, Caltrans and other agency staff. 2.10. Public Outreach One open house meeting will be held to receive public input. The CITY will provide final approval on all public information and distribution strategies. All public material for this project should also be posted to the City's website by the CITY. The following specific methodology is recommended for implementation of the Outreach Program: Public hearing should be held only as legally required for completion of the technical work. 2.10. l. Community Data Base CONSULTANT will research all local contacts and databases to form the outreach database for this project. Existing contacts with the CITY will provide a starting point, including elected officials, and key community and business stakeholders. In addition, the CITY should consider including all property owners within a ~A-mile radius of the project, The community database will be updated on an ongoing basis and will be maintained on Microsoft Access (convertible to Microsoft Excel), 2.10.2.0pen House An Open House is recommended for public input into the French Valley Parkway Interchange project. The open house should be held at a key project milestone and as project information has been developed with new information to present to the public. In support of the open house, CONSULTANT will be responsible for: (a) Development of open house notice. The public notice will be produced and distributed to the community database as well as through existing methods, including City Council, City Commissions, Project Advisory Committees, public schools, Temecula Chamber of Commeme, local newspaper, and any other proven methods of communication. (b) Confirmation and scheduling.of the open house date and time. (c) Full open house logistical support, including agenda, sign-in desk and staff, note taking, meeting refreshments, directional signs, open house set-up/break- down, and follow-up meeting notes. Deliverable: Community Database 2.10.3.Schedule CONSULTANT will work in accordance with the overall project schedule for the completion of the public outreach and participation task. A minimum of six weeks is required in advance of each public workshop date for maximum public notification and Page 24 C:\TEIVIP~cope of Work Rcv.d~c outreach support. The first open house meeting will need to be noticed immediately upon project commencement. Deliverable: · Event planning documents · Notices · Agenda · Sign-in sheets, directional signs · Meeting notes · Public transcript (for public hearing only) 2.11. Work Deferred into Other Phases, Not Required, or Provided by Others The following items of work are assumed to be part of the Final Design Phase with a scope and fee to be negotiated at a later date, or will be provided by others, or not required for this Project altogether. Should any of these items need to be made a part of the PR Phase, scope and fee can be added as a contract addendum. 2.11.1. The Geometric Approval Drawings for the PS&E are deferred to the Final Design Phase except for that portion of the Project as described in § 3. Reouirod Services Performed by Consultant for the Interim Desi(3n Phase. below. 2.11.2. This proposal assumes that the published design 100-year flow rates for Warm springs Creek and Santa Gertrudis Creek of 10,200 ft3/sec and 11,300 ft3/sec, respectively, are acceptable to the City, RCFCD and Caltrans. 2.11.3. This proposal assumes that no debris production studies and/or debris bulking analysis will be required. 2.11.4. Detailed design scour analyses for the proposed bridge structures utilizing the Federal Highway Administration HEC-18 and HEC-20 methodology and the U.S. Army Corps of Engineers HEC-6 computer program is not a part of this proposal. It is assumed that this work will be performed under the Final Design Phase - Plans, Specifications and Estimates work phase. 2.11.5. It is assumed that evaluation for long-term scour will be pertormed under the Final Design Phase - Plans, Specifications and Estimates work phase. This work is generally performed using the following design criteria: (a) Determination of the stream characteristics and flooding history. (b) Assessment of long-term streambed aggradation and degradation potential. (C) Analysis of lateral stream stability. (d) Analysis of local vertical stability. (e) Determination of general stream response during the design event. (f) Assessment of hydraulic regime. (g) Evaluation of bed and bank material. (h) Analyses of local scour potential. (i) Assessment of total scour and/or deposition potential. Specific analytical tools that are available for scour stability are based upon the Federal Highway Administration Hydraulic Engineering Circular Nos. 18 and 20. 2.11.6. Preparation of the Conditional Letter of Map Revision (CLOMR) report for submittal to Riverside County Flood Control District and FEMA. It is assumed that a CLOMR will not be required under the PR Phase - PR work phase. 2.11.7. Preparation of the Letter of Map Revision (LOMR) report for submittal to Riverside County Flood Control District and FEMA. Approval of the LOMR will Page 25 C:\TEMP\Scope of Wo~ Rev,doc revise the current FEMA flood plain map based upon the new bridge. It is assumed that a LOMR will not be required under the PR Phase - PR work phase. 3. Required Services Performed by Consultant for the Interim Design Phase 3.1. Surveys and Mapping 3.1.1. Design Data Surveys CONSULTANT will perform field surveys to collect street cross sections at minimum 15 meter intervals from proposed R/W to proposed R/W, and will include all existing topographic features, and sudace features of utilities (manholes and inlets will be tied and dipped) within the following limits: (a) Madison Avenue (proposed cul-de-sac) - 100m (b) Jefferson Avenue - proposed intersection with the interim Roadway - 200m 3.1.2. Pavement Elevation Surveys CONSULTANT will perform field surveys to collect outside edge of traveled way (ETW) elevations at 20 meter intervals and median ETW elevations at 100 meter intervals; include ties to drainage features, major signs, trees, etc. from outside shoulder to R/W fence. Aisc includes encroachment permit and traffic control for shoulder closures. (a) Southbound 1-15 mainline - from 100m north to 100m south of proposed southbound exit ramp for French Valley Parkway - 300m Deliverables: · Final digital mapping files will be in accordance with Caltrans specifications and will be delivered in 3-D MicroStation design (DGN), DTM and ASCII files in project datums. 3.1.3. Right of Way Engineering CONSULTANT will perform land title reseamh and field surveys to locate and map property boundaries of affected paresis and identify required acquisition parcels from approved right of way rsquirsment maps. Prepare and file Corner Records for monument preservation. Work will include: (a) Research survey record (b) Obtain title reports (provided by City) (c) Perform landnet survey (d) Prepare ties and file monument preservation Corner Records (e) Perform property boundary analysis (f) Compute and map acquisition parcels (g) Prepare Hardcopy Map of affected parcels (h) Prepare Right of Way Appraisal Maps (i)Prspare legal descriptions, deeds, Resolution of Necessity Deliverable: · Hardcopy map, Right of Way Maps, Acquisition Documents, Record of Survey CONSULTANT assumes the following: (a) CITY will provide CONSULTANT with all necessary Title Reports (b) Nine affected paresis have been assumed for this agreement (c) One Resolution of Necessity will be required for the Interim Design Phase Page 26 C:\TEMP~cope of Work Rev.doc (d) Jefferson Avenue will not be widened as part of the Interim Design Phase 3.2. Geotechnlcal Investigation and Materials Report 3.2.1. Field Investigation A total of eight borings are proposed to be drilled. Six of the borings will be extended to a depth of about 2.5 m to collect soil samples for pavement design and the remaining two borings will be drilled to a maximum depth of about 10 meters to collect samples for both pavement design and embankment evaluation. A field visit will be performed to understand the visible site conditions, stake the boring locations and obtain utility clearance for the boring locations. The exploratory borings will be drilled using a truck-mounted drill rig equipped with 200- mm diameter hollow-stem augers. Bulk and relatively undisturbed ring samples will be collected for laboratory testing. Subsurface soils and conditions will be logged during drilling. A split-spoon sampler will be used at 1.5-meter intervals (smaller interval near the ground surface), alternating between a Califomia Drive sampler and a Standard Penetration Test (SPT) sampler. 3.2.2. Laboratory Testing The field boring logs will be reviewed and analyzed to select representative bulk and ring samples for laboratory testing. Results of the laboratory tests will be used for engineering analyses to develop design and construction recommendations for the proposed improvements. The following soil tests are anticipated for the proposed project: · In-situ moisture content and density · Sieve analysis · No. 200 Wash · Maximum density · Direct Shear · Corrosivity · R-Value Additional tests may be necessary depending on subsurface conditions. Tests will be conducted in accordance with Caltrans Test Methods or American Society for Testing and Materials (ASTM) standards. 3.2.3. Geotechnical Analysis Results obtained from the field investigation and laboratory tests will be used to develop idealized soil profile(s) and design soil parameters for pavement design and embankment evaluation. In addition to pavement evaluation, analyses anticipated for the proposed project include seismicity, liquefaction potential, seismically induced settlement, and slope stability analyses. Grading recommendations will bo provided including overexcavation depths, fill placement requirements, compaction requirements, and trench backfill requirements. If site soils ara found to be corrosive to structural materials, appropriate remedial recommendations will be provided. Page 27 C:~TEMP~qcope of Work Rev.doc 3.2.4. Report A draft Geotechnical Design Report (GDR) providing the findings, conclusions, and pavement recommendations will be generated. The report will include results obtained from the field investigation, laboratory test, and engineering analyses. The report will also contain boring logs. The draft report will be submitted to the CITY and Caltrans for distribution and nview. Review comments will be incorporated into final report. The following assumptions have been made for this work: · No other encroachment permit is required except from Caltmns and there is no permit fee. · No investigation of hazardous materials; if hazardous material is encountered during the field exploration, we will terminate our work immediately and notify you for further instructions. · Traffic control is not required and then is no time restriction for drilling. · Recommendations for both pavement and embankment will be included in the GDR. Separate Materials Report will not be prepared. 3.3. Utility Coordination and Plans 3.3.1. Coordination CONSULTANT will assist the CITY with meetings and correspondence to the utility companies affected by the Project3. CONSULTANT will prepare utility plans, in metric units, from the utility base map created during the PR Phase4, for the PS&E construction contract. Potential conflicts will be identified and Utility Conflict Maps prepared showing those portions of utilities that require potholing. Utility Conflict Maps shall provide the geometric layout for the Interim Design Phase with the existing utility locations. Each conflict with the Project will be labeled. Each utility will include a callout giving the owner and disposition of the line(s). A narrative description listing each utility that is in conflict with the Project will accompany the Maps. The description will include the owner and disposition of the utility, the potential or actual conflict that will occur due to the Project, and a reference for each conflict to the location on the Conflict Maps. Each conflict will be potholed to verity horizontal and vertical locations. Since It Is Impossible to know the extent of this effort at this time, a contract amendment will be required for utility potholing once conflicts have been identlfted. 3.3.2. Utility Sheets Utility location sheets showing all known existing utilities within the Interim Design Phase Project limits, above and below ground, will be made a part of the PS&E. The plans shall show the disposition of each known utility. The disposition shall include the utility owner, original location, proposed location, and responsible party for the relocation. ~ See § 2.6 Preliminary Utility Base Map and Coordination for known utility owners potentially affected by the Project. 4Id. Page 28 C:\TEMP~Scope of Work kev.doc 3.3.3. Utility Relocation Plans Utility relocation plans for water and sanitary sewer plans, owned and operated by the City of Temecula and the City of Murdeta, requiring relocation by this phase of the Project, will be prepared to the standards required by the owner and made a part of the PS&E. Plans will be prepared in Caltrans format including Metric units and scale. Dual units showing Imperial and Metric nomenclature, if required, will be provided. However, fee for providing Imperial unlta will be negotiated as a contract amendment and no fee la Included at this time. It Is assumed that the various other utility owners will perform the respective designs for their utility as may be necessitated by the Project and no fee is estimated in this agreement. Additional utility relocation plans, for temporary or permanent work, required of CONSULTANT will be negotiated with CITY as a contract amendment prior to performing the work. 3.4. Roadway Design CONSULTANT shall prepare and deliver to CITY all plans, specifications, and estimates for roadway construction for that portion of westbound French Valley Parkway between I-15 and Jefferson Avenue (Interim Roadway), southbound off ramp connecting 1-15 to the Interim Roadway, and those improvements to southbound 1-15 made necessary to accommodate the Interim Roadway and the off ramp as described. The Interim Roadway shall consist of two lanes with temporary shoulders and drainage facilities. The off ramp shall consist of a slip ramp functional as a temporary off ramp yet compatible with the ultimate Project build-out. The northerly limit of the proposed temporary off ramp is the south side of Warm Spdngs Creek. The Interim Design Phase improvements shall be compatible with the preferred alternative in the PR and waste shall be minimized. New or widened bridge structures are not included in the Interim Design Phase. 3.4.1. Geometric Approval Drawings CONSULTANT shall prepare geometric drawings of French Valley Parkway, as shown in the selected alternative within the PR, extending from east of 1-15 to Jefferson Avenue, along with a temporary southbound 1-15 off ramp. The geometric drawings shall be compatible with the selected alternative from the PR, including accommodations for the ultimate intemhange build out. These plans, prepared at a 1:1000 metric scale, will include typical cross sections and profiles. The design will be established as a preliminary phase for the full build-out of the preferred alternative. The drawings will reflect Caltrans standards and criteda for freeway facilities as described in Chapter 200 of the Caltrans Highway Design Manual and local standards and cdteria for French Valley Parkway and the new intersection with Jefferson Avenue. The Geometric Approval Drawings will be submitted to Caltrans and the CITY for review and approval. Deliverable: · GAD's · GAD Checklist · Design Exception Reports and/or Fact Sheets · Traffic Analyses 3.4.2. Right of Way Requirement Plan Maps CONSULTANT will prepare Right of Way Requirement Plan Maps (RE Sheets) from the Project layout sheets. The limits required for the ultimate roadway operation (the "fee" area), limits required for related facilities including drainage and utilities (easement areas), and limits required in excess of the fee and easement areas for construction of Page 29 C:\TEMP~Scope of Work Rev.doc the Project (temporary construction easements), will be identified in the RE Sheets. In addition, access control limits will be identified where applicable. RE Sheets shall reference the layout lines for the freeway and local roads as well as property lines with station and offset callouts. At a minimum, the Maps shall include: (a) Layout lines and canterlines of roadways and drainage facilities; (b) Layout lines of retaining walls and sound walls; (c) Tops and toes of slopes; (d) Edge of traveled way, edge of shoulder, curb and gutter, sidewalks, and other roadway appurtenances; and (e) Existing bridges. 3.4.3. Plans, Specifications, and Estimates All plans, specifications, quantity calculations, and estimates shall conform to Caltrans requirements and shall be made available to the City of Temecula, the City of Murrieta, and Caltrans for review and approval at stages specified in the Milestone Schedule and upon request. (a) All title, index, sections, layouts, profiles, quantities, construction details, and other related plan sheets shall be provided to the City of Temecula, the City of Murrieta, and Caltrans on Caltrans 'ffull size" sheets at the 100% submittal only. CONSULTANT shall also provide 11"x17" reduced copy of the plan sets for all submittals. (b) CONSULTANT shall design the roadway sections for French Valley Parkway, 1-15, and the southbound off ramp from I-15 to French Valley. The Traffic Index (TI) shall be provided to CONSULTANT by the CITY for French Valley and by Caltrans for 1-15 and the off ramp for use in designing the pavement sections. The R-value to be used for the design of the pavement sections shall be submitted by CONSULTANT to the CITY and Caltrans for approval prior to final design of the pavement sections. Life cycle costs and alternative analysis for pavement sections are not Included In this scope of work and corresponding fee. (c) CONSULTANT shall update right of way requirement layouts as part of the roadway design. CONSULTANT shall coordinate with CITY and Caltrans on changes to right of way requirements. (d) CONSULTANT shall deliver the following plan packages to the City of Temecula, the City of Murrieta, and Caltrans. The number of sets of each plan, estimate or report shall be determined prior to submittal. (i) 35% Plans 1 ) Title Sheet 2) Typical Cross Sections 3) Key Map & Line Index 4) Layout Plans 5) Profile Plans and Superelevation Diagrams 6) Drainage Plans, Profiles and Details 7) Conceptual Stage Construction Stdp Map Page 30 C:\TEMI~Scope of Work Rev.doc (ii) 65% Plans 1) Title Sheet 2) Typical Cross Sections 3) Key Map & Line Index 4) Layout Plans 5) Profile Plans and Superelevation Diagrams 6) Construction Details 7) Contour Grading and Drainage Plans, Profiles, Details, and Quantities 8) Edge Drain Plans and Quantities 9) Utility Plans 10) Traffic Handling Plans and Quantities 11 ) Detour Plans and Quantities 12) Construction Area Signs Plans and Quantities 13) Summary of Quantities Plans 14) Pavement Delineation Plans, Quantities and Details 15) Sign Plans, Quantities and Details 16) Electrical Lighting, Details and Quantities 17) Traffic Signal, Details and Quantities 18) Special Provisions 19) Construction Cost Estimate 20) Permit Applications 21 ) Right of Way, Access Control, and Temporary Construction Easement Requirements (iii) 95% Plans 1) Title Sheet 2) Typical Cross Sections 3) Key Map & Line Index 4) Layout Plans 5) Profile Plans and Superelevation Diagrams 6) Construction Details 7) Contour Grading and Drainage Plans, Profiles, Details, and Quantities 8) Edge Drain Plans and Quantities 9) Utility Plans and Details 10) Traffic Handling Plans and Quantities 11 ) Construction Area Signs Plans and Quantities 12) Summary of Quantities Plans C:\TE2viP~cope of Work Rev.doc (iv) 13) Pavement Delineation Plans, Quantities and Details 14) Sign Plans, Quantities and Details 15) Electrical Lighting, Details and Quantities 16) Traffic Signal, Details and Quantities 17) Special Provisions 18) Construction Cost Estimate 19) Right of Way, Access Control, and Temporary Construction Easement Requirements 100% Plans 1) Final PS&E (all items listed in § 3.4.3(c)iii, 95% Plans, above) 2) Grid Grades (if required) 3) Quality Control Statement 4) Electronic files as described in § 1.2.8 above 5) Resident Engineer's File 6) Surveyor's File 3.4.4. Traffic Management Plan CONSULTANT shall provide a traffic management plan that consists of the following: (a) CONSULTANT shall prepare traffic handling plans that indicate lane closures, detours and number of available lanes. Included in these plans are signing and striping. (b) CONSULTANT shall update the right of way requirements to incorporate temporary and permanent construction easements. (c) It is enticlpetad that the Interim Design Phase will be constructed In one stage and, therefore, stage construction plans are not included in this phase of the agreement, 3.4.5. Signing Plans CONSULTANT shall prepare final plans, specifications, and estimates for signing plans including layouts showing the locations of roadside signs, special sign details, lighting, and structural or foundation requirements in accordance with applicable standards and design criteria. Any requirements for electrical service shall be coordinated with the local electric utility by CONSULTANT. 3.4.6. Pavement Delineation Plans CONSULTANT shall prepare final plans, specifications, and estimates for pavement delineation in accordance with applicable standards and design criteria. 3.4.7. Traffic Signal Plans CONSULTANT shall prepare final plans, specifications, and estimates for traffic signalization at the intersection of the Interim Roadway and Jefferson Avenue. CONSULTANT shall determine levels of service, warrants and propose any needed improvements. The signal design for the Interim Design Phase shall accommodate the Page 32 C:~TEMI~cope of Work Rev.doc Interim Roadway and be expandable, minimizing waste, for French Valley Parkway as described in the selected alternative in the approved PR. 3.4.8. Electrical Plans Lighting is anticipated at the off ramp and Interim Roadway/Jefferson Avenue intersection only. CONSULTANT shall prepare final plans, specifications, and estimates for electrical plans including layouts showing lighting standard and conduit locations, other lighting appurtenances, and any structural or foundation requirements in accordance with applicable standards and design criteria. 3.5. Structural Design Bridge design is not required for the Interim Design Phase as the off ramp and that portion of French Valley Parkway are proposed to avoid existing bridge structures and river crossings. 3.5.1. Retaining Walls CONSULTANT shall prepare retaining wall plans needed for the Interim Design Phase construction. The plans shall include wall location, height, typical sections, log of test borings, and material and cost estimate calculations. The extent of retaining wall construction shall be determined during development of the PS&E for the Interim Design Phase. Since the need for retaining walls cannot be forecasted at this time, estimated fee for this task Is not Included. Should retaining walls be found necessary for the Interim Design Phase, a contract amendment will be negotiated prior to performing any design on this task. All retaining walls are anticipated to be standard type Caltrans walls found in Caltrans standard plans. Non-standard walls for this phase of the Project. shall be brought to the attention of the CITY and Caltrans by CONSULTANT immediately upon discovery. 3.6. Drainage CONSULTANT is responsible for the design, including hydrologic modifications of on-site drainage report necessary to provide adequate drainage of the Interim Design Phase improvements including pavement drainage, runoff generated within the Interim Design Phase Project area, and interim drainage during construction. 3.6.1. On-Site Hydrology Report CONSULTANT shall prepare an on-site hydrology report for the Interim Design Phase portion of the Project. Layout plans identifying the location of existing and proposed drainage facilities shall be included within the report. 3.6.2. Drainage Report and Plans CONSULTANT shall perform hydraulic analysis for all the drainage facilities on the Interim Design Phase portion of the Project. The corresponding drainage report shall be prepared in metric units and shall incorporate updated hydrology calculations. Where proposed improvements modify flows to existing drainage facilities within the Interim Design Phase Project area, the hydraulic analysis report submitted for these facilities will be modified to reflect the changed conditions. Drainage plans and profiles of proposed drainage facilities shall be included within the report. Modifications to existing facilities shall be identified on the plans. Page 33 C:\TEMl~cope of Wo~ Rev.doc 3.7. Construction Bid Support Bidding procedures ara the rasponsibility of the CITY. All questions concerning the intent of design elements raised during that period when the PS&E is being advertised shall be referred to the CiTY for resolution, in the event that any items requiring interpratation of the drawings or specifications ara discoverad during the bidding period or bid opening, said items shall be analyzed by CONSULTANT for decision by the CITY as to the proper rasponse. Corractive action taken will either be in the form of an addendum prepared by CONSULTANT and issued by the CITY, or by change order following award of a construction contract. 3.8. Construction Support Construction support eervlces provided by CONSULTANT are not a part of this agreement. A contract amendment for construction support will be negotiated once the PS&E has reached substantial completion and the Project to be constructed Is defined. Page 34 C:\TEMP~cope or Work Rev.do¢ o~.~w ,~,~,~, §"~o ~o 888 E wO ~8D. ~0 ~. ,,,0 888~ ILl EXHIBIT B PAYMENT RATES AND SCHEDULE 11 R:~C11~PROSECTS~PWO2~PW02-11 French Valley Parkway Interchange, Project Repor~Consultant agreement M&N wmod 120902.doc Section 8 - POte Schedule ~ll~lk ~ MOFFATT & NICHOL RATE SCHEDULE FOR PROFESSIONAL SERVICES Effective July 1,2002 Until Revised CLASSIFICATION HOURLY RATES PROFESSIONALS TECHNICIANS Supervisory Engineer/Scientist Senior Engineer/Scientist Engineer/Scientist III Engineer/Scientist II Engineer/Scientist I Staff Engineer/Scientist $ 163.00 $ 152.00 $ 137.00 $ 124.00 $ 105.00 $ 86.00 Senior Technician $ 122.00 Designer $ 115.00 CADD II $ 95.00 CADD I $ 75.00 CLERICAL Word Processing $ 68.00 General Clerical $ 62.00 SPECIAL Principal Engineer/Scientist $ 185.00 Court Appearances $ 250.00 REIMBURSABLE EXPENSES (Unless Otherwise Provided in Written Agreement) Subcontracts or Outside Services Cost +15% Reproductions -In House Mylar Plots (B/W) $2.00/SF Color Plots $4.00/SF Vellum Plots (B/W) $1.00/SF Bond Plots (B/W) $0.50/SF Drawing Reproduction Cost +15% Document Reproduction $0. I O/sheet Travel -Outside Reproduction Cost +15% Company Auto $0.365/mile Rental Vehicle Cost Air fare Cost Meals and Lodging Cost Katz, Okitsu & Associates Traffic Engineers and Transportation Planners General Provisions Billing Rate Summary Effective July 1, 2002 Classification Rate Expert Witness Testimony Firm Principal Senior Transportation Engineer Senior Planner Senior Signal Timing Analyst Associate Engineer Associate Designer/Design Engineer Associate Planner Assistant Transportation Engineer Assistant Transportation Planner Draf[sman CAD Technician Administrative Assistant Messenger/Intern $220/hour $135/hour $125/hour $125/hour $100/hour $95/hour $90/hour $90/hour $80/hour $80/hour $75/hour $60/hour $45/hour $35/hour Telephone, equipment, and fax are normally included in above hourly costs. Direct expenses including mileage, printing, blueprinting, commemial CAD plotting, subcomultant expense, issuance of specially endorsed insurance certificate, and direct costs, are billed at cost plus 5% unless stated otherwise in the proposal. Public meetings and public hearings are normally excluded from any proposal, but will be billed as extra work at the rates above. There is a four-hour minimum for nighttime public hearings. There is a three-hour minimum for expert witness testimony in court or at depositions. Annual adjustments in these fees of approximately 5% will be request for each 12-month period following authorization. If the governing Agency prefers a constant hourly cost for a multi-year contract, a 10% increase from the fees indicated above will be requested. 685 E. Carnegie Drive, Suite 125 San Bernardino, C~4 92408 Tek (909) 890-9693 * Fax: (909) 890-9694 * www. katzokitsu, corn Inc. Geo~hnical and Earthquake Eng,~ 2002 PROFESSIONAL FEE SCHEDULE Professionals (per hour) Cost Principals .................................................................................................................. $175.00 Principal Engineers/Geologists .................................................................................. 148.00 Senior Engineers/Geologists ....................................................................................... 112.00 Project Engineers/Geologists ........................................................................................ 88.00 Staff Engineers/Geologists ............................................................................................ 65.00 Support Staff (per hour) Senior Technicians .................................................................................................... $ 90.00 Technicians ................................................................................................................... 65.00 Project Administrators .................................................................................................. 65.00 Clerical .......................................................................................................................... 47.00 Ass___ociated Engineers__, !nc. 3311 E. sHELBY STREET, CA 91764-4872 CONSULTING CIVIL ENGINEERS HOURLY RATES (Effective 10/5/02) OFFICE TIME Principal Registered Civil Engineer / CEO Principal Registered Civil Engineer Principal Licensed Land Surveyor Principal Construction Administrator Senior Construction Administrator Civil Engineer 1. Project Manager 2. Senior 3. Associate Assistant Engineer Junior Engineer Utility Coordinator-1 Utility Coordinator-2 Chief of Surveys Licensed Land Surveyor Land Survey Technician Cadd Technician Engineering Aide Senior Administrator Accounting Coordinator Administrative Assistant FIELD TIME 4-Man Survey Party 3-Man Survey Party 2-Man Survey Party 1-Man Survey Party Flagman Senior Staff Inspector Staff Inspector Travel Time - 3-Man Survey Party Travel Time - 2-Man Survey Party (909) 980-1982 FAX (909) 941-0891 $140.00 per hour $130.00 per hour $130.00 per hour $130.00 per hour $115.00 per hour $110.00 per hour $100.00 perhour $90.00 per hour $85.00 per hour $72.00 per hour $80.00 per hour $75.00 perhour $80.00 perhour $98.00 per hour $72.00 perhour $66.00 per hour $48.00 per hour $90.00 per hour $48.00 per hour $38.00 perhour $260.00 )er hour $220.00 )er hour $175.00 )er hour $130.00 )er hour $48.00 )er hour $85.00 )er hour $65,00 )er hour $100.00 )er hour $75.00 )er hour Above schedule is for straight time only. Overtime requested by client will be at 1-1/2 times the rates shown and Sundays/Holidays at 3 times the rates shown. These hourly rates do not include printing costs, foes paid to Governmental agencies or other reimbursable expenses. These expenses are billed at cost + 10%. Above schedule subject to change based on annual increases to direct labor rates. Travel time rates will be billed for those hours in excess of 8 hours per day. LANDSCAPE ARCHITECTS A CALIFORNIA CORPORATION 2002 FEES RATE CLASSIFICATION SCHEDULE HOURLY RATES: Principal in Charge: Project Manager: Irrigation Designer: Landscape Amhitect: Senior Staff: Intermediate Staff: Administration: Computer use charges are included. * Overtime subject to client's authorization. REIMBURSABLE EXPENSES: re~ularfees $115.00 $98.00 $92.00 $87.00 $81.00 $75.00 . $45.00 Plotting $30.00/sheet Digital Photographs $25.00/disk Color Printouts $5.00/printout Photocopies $0.10/sheet Lazer Plotting $2.00/sheet Bluelines $2.50/24x36 sheet 3.5" Disks $2.00/disk Mileage $0.325/mile CD Rom $5.00/each These rates remain in effect through December 31, 2002. Project escalation estimate 4% for 2003. Contract limits all out-of-pocket expenses such as filing fees, printing and reporduction. Reimbursable expenses are invoiced as direct costs, plus 10% CONSULTING 2002 FEE SCHEDULE PROFESSIONAL CLASSIFICATION HOURLY BILLING RATE Principal Biological/Environmental Manager Senior Planner Senior Environmental Planner Senior Ecologist/Restoration Ecologist GIS Specialist Senior Biologist Planner/Assistant Project Manager Ecologist Environmental Planner Project Assistant Graphic Artist Administrative Assistant $130-175 110-130 100-115 90-110 80-110 70-90 80-90 65-80 50-70 60-70 55-65 65-80 55-65 Reimbursable Costs Mileage Copying/Reprographics Delivery/Overnight Mail Other out-of-pocket expenses Subconsultants $ 0.35 per mile cost plus 10% cost plus 10% cost plus 10% cost plus 10% 151 Kalmus Drive- Suite E-200 Costa Mesa, CA 92626 (714) 444-9199 (714) 444-9599 FAX AEI.CASC ENGINEERING HOURLY FEE RATE SCHEDULE January 1, 2002 The following rates shall apply to services provided on a time-and-materials basis. Rates reflected are hourly. CIVIL ENGINEERING AND SURVEYING SERVICES President/Principal $131.00 Engineering Director 119.00 Senior Project Manager/Project Manager 113.00 Assistant Project Manager/Senior Project Engineer 97.00 Senior Designer/Project Engineer/Calculator/Survey Analyst 90.00 Design Engineer/Designer 86.00 CADD Designer 78.00 Senior CADD Drafter 73.00 CADD Drafter 56.00 Clerical/Miscellaneous Office Work 51.00 Resident Engineer $105.00 Assistant Resident Engineer 97.00 Senior Field Inspector 87.00 Field Inspector 77.00 Planning Director $113.00 Senior Planner 97.00 Planner 85.00 Assistant Planner 74.00 Three Person Survey/GPS Crew $ 205.00 Two Person Survey/GPS Crew 176.00 One Person Survey/GPS Crew 147.00 OIHER SERVICES Litigation Consultant/Expert Witness $ 288.00 Computer Time 20.00 REIMBURSABLE EXPENSES The following expenses will be billed at cost plus 15%: Reproduction Services: Includes blueprinting, copying, printing, and plotting. In-house plots will be billed at $6.00 per sheet for each client set and for a final in-house review set. The client is welcome to contract directly with an outside reprographie firm for those services not provided in-house. Rental Equipment and Fees: Any equipment rental and any fees advanced by our firm including plan check and filing fees. Commercial Delivery Services: Including Express Mail, Federal Express, UPS, and independent courier services. In-House Pick-Up and Delivery Services: These services provided by our firm will be reimbursed at $34.50 per hour. In addition, mileage will be billed at $0.36 per mile with no markup. Travel Expenses: Mileage to and from the job site will be billed at a rate of $.36 per mile with no markup and travel time will be billed at $75.00 per hour, per man, one-way. Airfare will be billed at cost plus 15%. Per Diem: Per diem for overnight stays will be billed at $127 per day, per man. Waiver of Subrogation: If the client requires a Waiver of Subrogation the client will be required to pay the additional insurance premium for this request. The approximate amount for the waiver is $250.00. NOTE: Invoicing will be submitted on a monthly, progressive cycle. ARELLANO ~ ~$SOCIL~,TES A\ Staff Hourly Rate* Genoveva L. Arellano $130.00 Pr/ncipal Chester K. Bdtt $110.00 Sen/or Associate Laura J. Muna-Landa $95,00 Sen/or Associate Eisa L Argomaniz $75.00 Assodate Jeannie Chavira $40.00 Adm/n/strat/ve Ass/stant * ~ndude~ 100% overhead costs. EXHIBIT C STATEMENT OF WORK 12 R:ICIP~PRO.rECTS~PW02~PW02-11 French Valley Parkway Interchange, Project Report~Consultant agreement M&N wmod 120902.dcc STATEMENT OF WORK TABLE OF CONTENTS GENERAL ........................................................................................................................................... 1 A. GENERAL DESCRIPTION OF REQUIRED SERVICES ..................................................... 1 B. GENERAL CONDITIONS and REQUIREMENTS ...............................................................2 REQLqRED SERVICES PERFORMED BY CONSULTANT .......................................................... 6 A. MAPPING ................................................................................................................................ 6 B. SURVEYS ................................................................................................................................ 6 C. GEOTECHNICAL INVESTIGATION and MATERIALS REPORT .................................... 9 D. UTlLITY COORDINATION ................................................................................................ 12 E. ROADWAY DESIGN .............................................................................................................. 13 F. STRUCTURAL DESIGN ...................................................................................................... 18 G. NOISE STUDY ........................................................................................................................ 23 H. RETAINING WALLS ........................................................................................................... 24 I. DRAINAGE ........................................................................................................................... 24 J. TRAFFIC ENGINEERING ................................................................................................... 26 CONSTRUCTION BIDDING PHASE ............................................................................................. 27 CONSTRUCTION SUPPORT PHASE ............................................................................................. 28 WORK TO BE PERFORMED BY CALTRANS ............................................................................. 29 WORK TO BE PERFORMED BY THE CITY OF TEMECULA .................................................... 29 APPLICABLE STANDARDS ........................................................................................................... 30 COORDINATION ............................................................................................................................. 33 QUALITY ASSURANCE ................................................................................................................. 34 PROJECT PROGRESS ...................................................................................................................... 35 EXHIBIT "C" i GENERAL STATEMENT OF WORK A. GENERAL DESCRIPTION OF REQUIRED SERVICES The CONSULTANT shall perform professional and technical engineering and environmental services to prepare preliminary engineering plans, estimates, environmental studies, advanced planning studies (APS), a value analysis study and report, Modified Access Report (MAR) to the FHWA, the preparation of Draft and Final Project Reports (PR), and Plans, Specifications and Estimates (PS & E) for the Project in compliance with the requirements set forth in the PSR/PDS, and as described below. The Project Report and Environmental Documents will be used by the CITY OF TEMECULA and CALTRANS to secure project approval and environmental clearance for the Project. The PS & E will be used by the CITY OF TEMECULA and CALTRANS to advertise, award and administer a construction contract to build the Project. 1. Project Location, Description and Purpose Construct a new interchange, which will be located on Interstate 15 from 1.6 km South of Winchester Road Interchange to 0.30 km North of 1-15/I-215 Junction. The purpose of the project is to address projected capacity and operational deficiencies due to increased traffic demand from the accelerated growth and development that is taking place in surrounding coramunities. A Braided Partial Cloverleaf Interchange configuration is recommended to separate conflicting traffic movement. 2. Work Phases Work to be performed shall consist of two phases: Phase I: consists of, but is not limited to, the preparation of field surveys; technical studies, designs, reports and documents for the project approval and environmental clearance for the Project; Preliminary Engineering (including the study of alternatives); environmental technical studies; a Value Analysis study and report; Modified Access Report/New Connection Report (MAR), Draft and Final Project Reports; and public hearing coordination, participation and record. An Initial Study/Environmental Assessment (IS/EA) shall be prepared for the Project. It is expected that the results of the IS,tEA will substantiate the CITY OF TEMECULA and CALTRANS' determination that will lead to a Negative Declaration (ND) and Finding of No Significant Impact (FONSI) per CEQA and NEPA requirements as implemented through CALTRANS and FHWA regulations. Upon completion of Phase I work, the CITY OF TEMECULA and CALTRANS will evaluate the Phase I work products, and reserve the right to terminate this Agreement, or has the option to retain the CONSULTANT to perform work for EXHIBIT "C" 1 STATEMENT OF WORK Phase II, identified below, which may consist of a revised scope of work and cost proposal to accommodate changes made necessary by the results and work products of Phase I. It is anticipated that Phase li shall begin just prior to or immediately after the completion and approval of Phase I. Under no circumstances shall the CONSULTANT proceed with Phase II without the express written approval of the CITY OF TEMECULA and CALTRANS. Phase II: consists of, but is not limited to, the preparation of Plans, Specifications and Estimates (P S & E) for the design of a new interchange and the necessary improvements, from findings of Phase I. Work includes, but is not limited to surveys, highway geometrics, grading, paving, drainage, structural design, traffic signing, delineation, and signalization, erosion control, and construction traffic control. B. GENERAL CONDITIONS AND REQUIREMENTS All deliverables shall be in metric, except where noted. CONSULTANT will utilize the results of the Project Report and the approved general Geometric Approval Drawings (GAD's) as the basis for the PS&E. Any changes proposed by the CONSULTANT shall be brought to the attention of the CITY OF TEMECULA and CALTRANS. CONSULTANT shall carry out the instructions as received from the CITY OF TEMECULA and CALTRANS and shall cooperate with the CITY OF TEMECULA, CALTRANS, FI-BVA and any other consultants working on the Project. CONSULTANT shall be a member of, and attend meetings of, the Project Development Team (PDT) and PDT Subcommittee established to guide the study in accordance with CALTRANS' Project Development Procedures Manual (PDP). CONSULTANT shall serve as staff to the PDT in arranging meetings, providing discussion material, and keeping minutes. CONSULTANT shall handle public and citizen contacts as needed in conformance with normal CALTRANS' study procedures. CONSULTANT shall arrange for and conduct open houses and public hearings. CONSULTANT shall be responsible for providing technical information, exhibits, documentation of the hearing in recordings, transcripts of court reporter's notes and reports, and providing reports on open houses. CONSULTANT shall prepare and place newspaper advertisements of the public heating, the CITY OF TEMECULA and CALTRANS will review and approve newspaper advertisements. CONSULTANT shall hold open houses as needed throughout the preliminary engineering and environmental document phases of the Project. CONSULTANT shall hold the first of these meetings within one (1) month of initiation of studies. Remaining open houses will be conducted as needed. These open houses will be conducted to identify areas of interest and economic, social and environmental issues as perceived by the citizens in the area, and shall be held at accessible locations and at times convenient for the interested parties. CONSULTANT shall notify interested EXHIBIT "C" 2 go STATEMENT OF WORK parties of the open houses through press releases and direct mailing to area property owners. CONSULTANT will review and obtain approval from the CITY OF TEMECULA and CALTRANS prior to press releases and the direct mailing. CONSULTANT may establish direct contact with governmental regulatory and resource agencies, including, but not limited to: the U.S. Department of Agriculture Soil Conservation Service; Department of the Interior; Reclamation Boards (CALTRANS or Federal); U.S. Fish and Wildlife Service; California Fish and Game Resource Protection; Regional Water Quality Control Board; Department of Health Services; and U.S. Army Corps of Engineers, for the purpose of obtaining information, expertise and assistance in developing baseline data and resource inventories. CONSULTANT shall maintain a record of all such contacts and shall transmit copies of the contacts and records promptly to the CITY OF TEMECULA and CALTRANS on regular basis. The CITY OF TEMECULA and CALTRANS will participate in and/or provide prior approval for any and all intra-agency scoping meetings, or meetings to assess resource significance, or to discuss or develop assessment strategies or mitigation proposals. CONSULTANT shall not commit the CITY OF TEMECULA and CALTRANS to any mitigation measures or mitigation compensation. The CITY OF TEMECULA and CALTRANS will retain responsibility for all final consultation, both formal and informal, with local, CALTRANS and Federal agencies regarding project mitigation and compensation proposals. CONSULTANT will be available to provide advice and to participate in such consultations at the request of the CITY OF TEMECULA and CALTRANS. CONSULTANT shall be responsible for reproduction, binding, circulation, and distribution of all studies, documents, reports, and engineering drawings pursuant to the requirements of this Statement of Work. CONSULTANT shall prepare newspaper advertisements as required by CALTRANS' environmental process. ° It is not the intent of the foregoing paragraph to relieve the CONSULTANT of his professional responsibility during the performance of this contract. In those instances where the CONSULTANT believes a better design or solution to the problem is possible, he shall promptly notify the CITY OF TEMECLrLA and CALTRANS of these concems, together with reasons therefore. 10. CONSULTANT has total responsibility for the accuracy and completeness of the plans and related designs, specifications and estimates prepared for the Project and shall check all such material accordingly. CONSULTANT shall independently check and identify the engineer and checker for all such material prior to any submittal. The CITY OF TEMECULA and CALTRANS will review the environmental document for conformity with CALTRANS' environmental requirements, the California Environmental Quality Act (CEQA), NEPA, PSE review, and the CITY OF TEMECULA and CALTRANS for conformity with the Project Report (PR), constructibility, and consistency with adjacent highway segments. Reviews by the CITY OF TEMECULA and CALTRANS do NOT include detailed review or checking of the design of major components and related EXHIBIT "C" 3 STATEMENT OF WORK details or the accuracy with which such designs are depicted on the plans. The responsibility for accuracy and completeness of such items remains solely that of the CONSULTANT. The CONSULTANT or his sub-consultants shall not incorporate in the design, any materials or equipment of sole source origin without written approval of the CITY OF TEMECULA and CALTRANS. Il. The plans, designs, specifications, estimates, calculations, reports and other documents fumished under this Statement of Work shall be of a quality acceptable to CALTRANS. The criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that of similar types produced by CALTRANS. 12. A Value Analysis Study shall be performed prior to PA & ED to explore new project alternatives to be included in the PR 13. The CONSULTANT shall throughout the life of the contract retain within CONSULTANT's firm, or through qualified sub-consultants, a staff qualified to perform each of the tasks listed in this RFQ. Any changes to Consultant staff assigned to this project are subject to approval by the CITY OF TEMECULA and CALTRANS. 14. The page identifying preparers of engineering reports, the title sheet for specifications and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of the certificate, and signature of the professional engineer(s) responsible for their preparation. 15. The CONSULTANT shall maintain a set of project files that are indexed in accordance with CALTRANS' Project Development Uniform File System and hand over all project files in duplicates to the CITY OF TEMECULA and CALTRANS at the completion of the project. 16. the CITY OF TEMECULA reserves the right to approve all project scope of services changes. Any changes resulting from the addition, deletion, or revisions to the Statement of Work will not be made without prior written approval from the CITY OF TEMECULA. The CONSULTANT shall not be compensated for making any changes to the Statement of Work other than those approved in writing by the CITY OF TEMECULA. 17. CONSULTANT shall provide the services for the Project in close liaison with the CITY OF TEMECULA and CALTRANS. If CONSULTANT fails to submit the required deliverables set forth herein, the CITY OF TEMECULA shall have the right to withhold payment, and/or terminate this agreement. 18. To ensure understanding of contract objectives, meetings between the CITY OF TEMECULA, CALTRANS and the CONSULTANT will be held as often as deemed necessm'y. All work objectives, the CONSULTANT's work schedule, the terms of EXHIBIT "C" 4 STATEMENT OF WORK the contract and any other related issues will be discussed and any issues or problems resolved. 19. CONSULTANT shall not suspend performance of this contract during the negotiations of any change in scope of work except as they may be directed by the CITY OF TEMECULA and CALTRANS. CONSULTANT shall perform all changes in accordance with the terms and conditions of this contract. 20. CONSULTANT shall obtain, at its expense, all applicable CALTRANS Manuals and Standard Plans. 21. In the event that non-standard features become apparent during the initial design, CONSULTANT shall prepare the necessary Fact Sheets for Design Exceptions following CALTRANS' guidelines. 22. CONSULTANT shall employ risk management techniques that identify potential risks and uncertainties related to construction of the Project. Risks that may be encountered include, but are not limited to, soil conditions, constructibility, factors of safety, impacts to adjacent properties, public safety, and environmental considerations. If at any time during the performance of this Statement of Work, CONSULTANT observes, encounters, or identifies any circumstance that could pose potential risk, CONSULTANT shall notify the CITY OF TEMECULA and CALTRANS. 23. CONSULTANT shall comply with OSHA regulations regarding safety equipment and procedures, safety instructions issued by the CITY OF TEMECULA and CALTRANS, and the safety provisions included in CALTRANS' Safety Manual. All personnel of CONSULTANT shall wear white hard hats and orange safety vests while working on the job site. CONSULTANT shall provide safety training for its employees. 24. Any existing landscaping that is displaced by the project will be replaced. CONSULTANT shall incorporate replacement plantings into the PS&E package as required: CONSULTANT shall inform the CITY OF TEMECULA and CALTRANS of any impacts to the existing landscaping. 25. Project aesthetics and landscaping shall adhere to the standard details provided by the CITY OF TEMECULA and CALTRANS. 26. Where CONSULTANT is required to prepare and submit studies, reports, plans, etc., to the CITY OF TEMECULA and CALTRANS as required by this Statement of Work, these shall be submitted in draft as scheduled, and the opportunity provided for the CITY OF TEMECULA and CALTRANS to direct revisions, prior to final submission. 27. All studies, plans reports, data, manuals, electronic software developed, databases, spreadsheets and intellectual properties developed during the life of this contract shall become the property of the CITY OF TEMECULA and CALTRANS. EXHIBIT "C" 5 STATEMENT OF WORK REQUIRED SERVICES PERFORMED BY CONSULTANT Ae MAPPING The CONSULTANT shall obtain and evaluate the available existing improvement, utility and topographic mapping of the Project area. The CONSULTANT shall provide additional surveying as necessary to supplement the available mapping. The topographic mapping shall be prepared in metric units. CONSULTANT shall also furnish a digital terrain model (dtm) of the area covered by existing topographic mapping. SURVEYS General Requirements CONSULTANT shall designate a Surveys Manager who will coordinate the CONSULTANTs surveying operations. The Surveys Manager shall be responsible for all matters related to the CONSULTANT's surveying operations, but shall work and coordinate through the CONSULTANT's Project Manager. Surveys performed by the CONSULTANT shall conform to the requirements of the Land Surveyors Act and CALTRANS' Surveys Manual. In accordance with the Act, "responsible charge" for the work shall reside with a pre-January I, 1982, Registered Civil Engineer or a Licensed Land Surveyor, in the State of Califomia. CONSULTANT shall perform all surveys, necessary to complete the PS&E. CONSULTANT shall review the available data and recommend additional design surveys required for the design of the Project. Field and office surveys not covered by the current CALTRANS' Surveys Manual shall be performed in accordance with accepted professional surveying standards including requirements of current editions of the State of Califomia Professional Engineer's Act and Professional Land Surveyor's Act. In accordance with the Act, "responsible charge" for survey services shall reside with a State of California Licensed Land Surveyor or Registered Civil Engineer (prior to January 1, 1982). CALTRANS will designate the horizontal and vertical control monuments that are to be the basis of all CONSULTANT performed surveys. CALTRANS will provide the California Coordinate System values and/or elevation values for these monuments. CALTRANS has designated that the NAD '83 Califomia Coordinate System datum will be used for horizontal coordinate values. f. All survey information developed by CONSULTANT shall be in metric units. g. CONSULTANT shall not be required to perform any Right of Way mapping or appraisal tasks under this survey scope of work. EXHIBIT "C" 6 STATEMENT OF WORK h. CONSULTANT may be required to use methods that have the least impact on the traveling public. Permits CONSULTANT shall obtain applicable encroachment permits prior to beginning any field investigation. Additionally, if a traffic control plan is required, CONSULTANT shall prepare the plan. Such documents shall be forwarded to CALTRANS for review and concurrence prior to beginning any field investigation. Design Surveys to be performed by CONSULTANT CONSULTANT shall identify required design surveys and provide a work plan to the CITY OF TEMECULA and CALTRANS. With CALTRANS' concurrence, CONSULTANT shall perform design surveys per the work plan. CONSULTANT surveys may include, but are not limited to, the following: a. Surveys for detailed design of roadway, retaining walls, bridge, drainage, and utilities. b. Survey control for geotechnical investigation, if required. c. Supplemental surveys for preparation of cross-sections. Utility Location Surveys Utility Location Surveys will be furnished by CONSULTANT for existing utilities. CONSULTANT shall prepare Utility Conflict Maps as identified in Section 335. All potholing and related survey work shall be performed the CONSULTANT. Pothole information shall be provided by the CONSULTANT to CALTRANS and the CITY OF TEMECULA. Deliverables The deliverables shall conform to the following: a. Survey points, lines, and monuments shall be established, marked, identified and referenced, as required to complete the work and in accordance with the requirements herein. b. Survey notes, electronic files, drawings, calculations, and other survey documents/materials shall be completed as required to complete the work and in accordance with the requirements herein. c. Copies, except as otherwise specified herein, of all original survey documents resulting from this Statement of Work (including original field notes, adjustment calculations, final results, electronic files and appropriate intermediate documents) shall be delivered in duplicates to the CITY OF TEMECULA and to CALTRANS. Said documents shall then become the property of the CITY OF TEMECULA and CALTRANS. CONSULTANT shall retain the original survey documents for future reference. EXHIBIT "C" 7 STATEMENT OF WORK d. When the survey is performed with a Total Station Survey System, the original field notes shall be a legible hard copy listing of the data (observations) as originally collected and submitted by the survey party. CONSULTANT's party chief shall sign the listing. e. The final results of all surveys, as required, shall be delivered in duplicates to the CITY OF TEMECULA and CALTRANS in the format specified below: Horizontal Control. Alpha/numeric hard copy point listing with adjusted California Coordinate System northings and eastings and appropriate descriptions based on NAD '83 datum. (Spacing and density of horizontal control monuments shall be in accordance with CALTRANS' Surveys Manual, Chapter 11-02.) ii. Vertical Control. Alpha/numeric hard copy benchmark listing with adjusted elevations on the 1929 NGVD and appropriated descriptions. (Spacing and density of vertical control monuments shall be in accordance with CALTRANS' Surveys Manual, Chapter 11-02.) iii. Topography. Alpha/numeric hard-copy listing, hard-copy drawings and electronic files. Additions or modifications to the delivered topographic mapping and its symbology shall conform to current version of CALTRANS' Drafting and Plans Manual. iv. Terrain. For each cross-section: an alpha/numeric listing, hard-copy drawing and computerized formatted file that is compatible with CALTRANS' computerized design systems. Computerized formatted cross- sections shall be provided on magnetic tapes, cassettes, or disks compatible with CALTRANS' computer systems. f. Construction Control Survey Map i. CONSULTANT shall provide a Construction Control Survey Map for the Project. The map may include the following items: · Centerline alignment data for all Project improvements and existing street centerlines · Control points identified in plan (horizontal, vertical, horizontal and vertical, and cadastral monuments) · Tabulated control point listing with full descriptions · Tabulated cadastral monument listing with full descriptions · Horizontal and vertical control bases · Survey data sources EXHIBIT "C" 8 STATEMENT OF WORK ii. CONSULTANT shall provide a CALTRANS Plane Coordinate Control Data List. The list shall include all geodetic control data used for the Project, including geodetic data provided by CALTRANS. The list shall include station name, latitude, longitude, northing, easting, elevation, etc. If available, data shall also include a full description of all photo control points used for topographic mapping within the project. iii. CONSULTANT shall provide a CALTRANS Plane Coordinate ASCII point file for all calculated points. CONSULTANT shall provide full descriptions of all monuments, set or found. iv. CONSULTANT shall provide centerline alignment files for all permanent and temporary features. Information to be provided by CALTRANS Metric Control Diagram Maps C. GEOTECHNICAL INVESTIGATION AND MATERIALS REPORT General Requirements a. CONSULTANT shall perform all field exploration required to complete the PS&E. All field explorations shall meet CALTRANS requirements. b. CONSULTANT shall provide experienced personnel, equipment, and facilities to perform soil sampling and testing. All reports and plans shall bear the Seal of a California Certified Engineering Geologist or Registered Professional Registration Seal with the signature, license number and registration certificate expiration date of the geologist or engineer responsible for the preparation of the report. The geologist or engineer responsible for the preparation of the reports shall be competent in geotechnical engineering. In the event the existence of hazardous materials is discovered by CONSULTANT, CONSULTANT shall be required to immediately notify the CITY OF TEMECULA and CAI,TRANS. In case of future construction claims against the CITY OF TEMECULA and/OR CALTRANS, the CITY OF MURRIETA, CONSULTANT shall be retained by the CITY OF TEMECULA and CALTRANS to provide expert testimony regarding CONSULTANT services. f. All reports shall be prepared in metric units. 1. Permits a. CONSULTANT shall provide necessary applications for Encroachmem permits onto the CITY OF TEMECULA, the CITY OF MURRIETA and CALTRANS EXHIBIT "C" 9 STATEMENT OF WORK properties. A Traffic Control plan, when required, shall be delivered to the CITY OF MURRIETA, the CITY OF TEMECULA, and CALTRANS for review. b. CONSULTANT shall identify all private property requiting Rights of Entry. CALTRANS will provide all Ri§hts of Entry for access on private property. c. CONSULTANT shall obtain all other encroachment permits. Geotechnical Services to be provided by CONSULTANT a. Geotechnical Design Report (GDR) CONSULTANT shall prepare a GDR for the Project in conformance with the CALTRANS Guidelines for Geotechnical Design Reports. The GDR shall provide, but is not limited to, the following: ii. Determination of ground water conditions and impacts on design and construction. iii. Determination of subsurface conditions and subsoil properties relating to settlement. iv. Determination of impacts of geologic/geotechnical conditions on construction and recommended mitigation measures. v. Identification and recommendations for geologic/geotechnical constraints. v. Analysis for potentially liquefiable or collapsible soils and corresponding recommendations for design or mitigation measures. vi. Engineering analyses and calculations required to provide design parameters for static and pseudo-static analysis for slope stability and settlement. vii. Site seismicity studies and peak ground acceleration evaluations to provide a basis for estimating seismic design parameters for use in embankment design. viii. A listing of soil samples obtained from the field exploration program, which have been tested in CALTRANS certified laboratories to evaluate the controlling engineering properties of the encountered sub-soils. Assuming that the soil samples are free of contamination, laboratory testing may include, but is not limited to: Moisture and Density - Shear Strength - Expansion Index - Sand Equivalent - Soluble Sulfate and Chlorides R-Value Maximum Density Sieve Analysis Plasticity Index Resistivity, Ph Consolidation/Collapse EXHIBIT "C" I0 STATEMENT OF WORK b. Materials Report CONSULTANT shall prepare a materials report for the project. Report shall comply with Topic 114, "Materials Report" of the Highway Design Manual. The Materials report should include pavement structural section recommendations or pavement studies, culverts or drainage materials, corrosion studies, and materials or disposal sites. 3. Deliverables a. Field Exploration Map CONSULTANT shall prepare a map detailing the field exploration plan. The map shall provide the following: Location of each proposed boring. Include depth of boring and the proposed finished surface elevation. Exploratory borings using hollow-stem auger drill rig or trenches will be performed for evaluation of pavement structural section and to collect subsurface data for foundation design of the retaining walls and bridge. Borings will be drilled to collect subsurface data for R- value testing and foundation design. Backhoe trenches can be used in some areas in lieu of the soil borings. The maximum boring depth will be about 15 meters below the ground surface. i. Geometric layout provided from preliminary engineering. i. Information regarding property owner impacted by each particular boring, if available. the CITY OF TEMECULA, the CITY OF MURRIETA, and CALTRANS will review and approve the field exploration map prior to application for encroachment permits. All encroachment permits and rights of entry shall be obtained prior to scheduling of any field explorations. b. Geotechnical Design Report CONSULTANT shall submit a draft Geotechnical Design Report in duplicates to the CITY OF TEMECULA, the CITY OF MURRIETA and CALTRANS for review. Comments from the review will be submitted to CONSULTANT for incorporation into the final report. The number of copies of each report shall be determined prior to submittal. c. Materials Report d. Foundation Reports i. The CONSULTANT shall prepare and deliver a Preliminary Foundation Report with the Advanced Planning Study Submittal and with the Type Selection Submittal. EXHIBIT "C" 11 ii. iii. iv. STATEMENT OF WORK CONSULTANT shall prepare foundation reports and Log of Test Boring Sheets for the bridge site and, where required, retaining wall locations. This report shall recommend structure foundation types and footing elevations. The reports shall include, but not be limited to, information on the design of embankment foundations, ground water conditions, allowable bearing capacities, seismic data, and other information needed to evaluate the chosen foundation. The reports shall also address anticipated fill settlement and recommended duration for settlement periods to prevent excessive differential settlement between the structure and adjacent roadway approaches. The reports and Log of Test Boring Sheet(s) shall be prepared in accordance with the CALTRANS' Bridge Design Aids Manual, the Office of Special Funded Projects (OSFP) Information and Procedure Guide, and CALTRANS' Guidelines for Foundation Recommendations and Reports. D. UTILITY COORDINATION 1. General Requirements CONSULTANT shall prepare utility plan sheets for the PS & E package in metric units. CONSULTANT shall he responsible for all conversion of utility record plans from imperial to metric units for incorporation on the utility plan sheets. CONSULTANT shall update right of way requirements impacted by the relocation of utilities, the CITY OF TEMECULA, the CITY OF MURRIETA, and CALTRANS shall coordinate with utility owners to determine right-of-way requirements for relocation of utilities. 2. Coordination The CITY OF TEMECULA shall be considered the "Utility Coordinator" for the Project. CONSULTANT shall assist the CITY OF TEMECUAL with meetings and correspondence to the utility companies affected by the Project. CONSULTANT shall coordinate with the CITY OF TEMECULA to assist in the proper protection or relocation of affected utilities. Utility owners will prepare utility relocation plans. CONSULTANT shall provide appropriate Project plans that may assist the affected utility owner in the development of relocation plans. CONSULTANT shall review relocation plans prepared by utility owners to verify compatibility with the Project, as well as other utility plans. CONSULTANT shall respond in writing to the CITY OF TEMECULA and CALTRANS either confirming conformance of the relocation plans to the Project or non-conformance to the Project and reasons therefore. EXHIBrr "C" 12 STATEMENT OF WORK 3. Utility Plans CONSULTANT shall update the utility plans to show the disposition of each utility on the Project. Disposition shall include, but not be limited to, the utility company name, original location, proposed location, and responsible party for relocation. 4. Deliverables a. Utility Conflict Maps CONSULTANT shall submit utility conflict maps in duplicates to the CITY OF TEMJECULA, the CITY OF MURRIETA and CALTRANS. The maps shall provide the following: i. Geometric layout of the Project with the existing utility locations. i. Highlight and label each utility that conflicts with the Project. ii. Existing utility callouts shall include the owner and the disposition of the lines. iii. Narrative descriptions shall accompany the utility conflict maps. These narratives shall list each utility that is in conflict with the Project. Information shall include, but not be limited to, the following: Conflict label and drawing reference number for the utility conflict map on which the utility is highlighted and labeled. Description, owner, and disposition of the utility. Description of the potential or actual conflict that will occur due to the Project. The utility conflict maps will be used by the CITY OF TEMECULA, the CITY OF MURRIETA, and CALTRANS to establish which utility companies are affected by the Project and need to be relocated. CONSULTANT shall identify those portions of utilities that require potholing. All potholing should be performed by the CONSULTANT or his qualified subconsultant even if it is out of the existing CALTRANS right-of-way. Following the submittal of the utility conflict maps, the CONSULTANT shall inform the CITY OF TEMECULA and CALTRANS in writing of any changes in the Project design that alter the utility conflict locations indicated on the maps. E. ROADWAY DESIGN 1. General Requirements CONSULTANT shall prepare and deliver to the CITY OF TEMECULA, the CITY OF MURRIETA, and CALTRANS all plans, specifications, and estimates for roadway construction. Except where specified herein, all CONSULTANT prepared EXHIBIT "C" 13 STATEMENT OF WORK plans, specifications, quantity calculations, and estimates shall be prepared in metric units. 2. Geometric Approval Drawings 1. General CONSULTANT shall prepare Geometric Approval Drawings (GADs) for the Project in accordance with CALTRANS' standards as described in Chapter 200 of the Highway Design Manual. Traffic volumes provided by CALTRANS will be used as the basis for any traffic analysis. CONSULTANT shall prepare necessary Design Exception Reports and/or Fact Sheets if any deviation from mandatory design criteria applies. 2. Deliverables CONSULTANT shall deliver the following plan packages to the CITY OF TEMECULA, the CITY OF MURRIETA and CALTRANS. Actual plan packages, as determined by CALTRANS, may vary in quantity and content per submittal. The number of sets of each plan, estimate or report shall be determined prior to submittal. the CITY OF TEMECULA, the CITY OF MURRIETA, and CALTRANS will review the plans after each submittal and transmit review comments to CONSULTANT. A comment review meeting may be scheduled between the CITY OF TEMECULA, the CITY OF MURRIETA and CALTRANS, and CONSULTANT, where responses to the plan comments will be presented. The GAD submittal will include the following: GADs GAD Checklist Design Exception Reports and/or Fact Sheets Traffic Analyses 3. Right-of-Way 1. General CONSULTANT shall prepare Right-of-Way Requirement Plan Maps utilizing the Project layout sheets as a basis. CONSULTANT shall identify the limits required for the ultimate roadway operation of the Project (the "fee" area), limits required for related facilities such as drainage or utilities (easement areas), and limits required in excess of the fee and easement areas for construction of the Project (temporary construction easements). CONSULTANT shall identify access control limits where applicable. EXHIB1T "C" 14 EXHIBIT "C" STATEMENT OF WORK Requirements shall reference the freeway centerlines (station and offsets) or, where appropriate, centerlines of local roads or property lines. At minimum, the background elements on the Maps will include: i. Station lines and centedines of roadways and drainage facilities. ii. Layout lines of walls. iii. Tops and toes of slope. iv. Edge of travel way, edge of shoulder, curb and gutter, sidewalks, and other roadway appurtenances. v. Existing Bridges. 2. Deliverables CONSULTANT shall deliver the following Right-of-Way Requirement Plan Maps and coordinate geometry files to a location determined by the CITY OF TEMECULA and CALTRANS. Actual plans and files, as determined by the CITY OF TEMECULA and CALTRANS, may vary in quantity and content per submittal. The number of sets of each plan shall be determined prior to submittal. All Maps will have appropriate signature blocks for the CALTRANS' oversight engineer or the CITY OF TEIVIECULA's City Engineer (different from PS&E), and if necessary, appropriate revision blocks. The CITY OF TEMECULA and CALTRANS will review the plans after each submittal and transmit review comments to CONSULTANT. A comment review meeting may be scheduled between the CITY OF TEMECULA and CALTRANS, and CONSULTANT, where the responses to the plan comments will be presented. R/W requirements are required shortly after GAD approval. In addition to the Right of Way Requirement Plan the CONSULTANT shall research and prepare all necessary legal descriptions, plats, maps and any other miscellaneous services required by any and all agencies to secure all rights of way, temporary construction easements, slope easements and any other legal instrument necessary to secure land rights or access for the completion of the entire interchange and each phase of construction. 4. Plans, Specifications, and Estimates 1. General All plans, specifications, quantity calculations, and estimates shall conform to CALTRANS' requirements and shall be made available to the CITY OF TEMECULA and CALTRANS for review and approval at stages specified in the Milestone Schedule and upon request. 2. Roadway Design All title, index, sections, layouts, profiles, quantities, construction details, and other related plan sheets shall be provided on CALTRANS' standard "full 15 ii. iii. iv. STATEMENT OF WORK size" sheets for the CITY OF TEMECULA and CALTRANS Office Engineer review at the 95% submittal. CONSULTANT shall also provide 11" x 17" reduced copy of the plan sets for all submittals. The CONSULTANT shall design the roadway structural section. The Traffic Index (TI) shall be provided to CONSULTANT by the CITY OF TEMECULA and CALTRANS for use in the design of the roadway structural section. The R-value to be used for the design of the roadway structural section shall be submitted by CONSULTANT to the CITY OF TEMECULA and CALTRANS for approval prior to final design of the structural section. The design of the roadway structural section shall involve alternative analysis including estimate of life cycle costs. The design of the structural section shall be submitted to the CITY OF TEMECULA and CALTRANS for review and approval. CONSULTANT shall prepare and update right of way requirement layouts and files as part of the roadway design. CONSULTANT shall coordinate with the CITY OF TEMECULA and CALTRANS Right-of-Way Engineering on changes to fight-of-way requirements. CONSULTANT shall prepare a Project Narrative, which provides a general overview of the Project. CONSULTANT shall also discuss significant design features and/or design exceptions related to the Project. Before beginning the structural design, the CONSULTANT shall prepare and deliver 2 copies of the completed Bridge Site Data Submittal Package for each structure to the CITY OF TEMECULA, the CITY OF MURRIETA and the CALTRANS District Project Manager. The Bridge Site Data Submittal forms are available on the OSFP Web Site and information regarding the Bridge Site Data Submittal can be found in OSFP Information & Procedures Guide. The District Project Manager will review and comment within 4 weeks of receiving the submittal. Final concurrence will occur after resolution of any comments. 3. Deliverables CONSULTANT shall deliver the following plan packages to a location determined by the CITY OF TEMECULA, the CITY OF MURRIETA and CALTRANS. Actual plan packages, as determined by the CITY OF TEMECULA, the CITY OF MURRIETA and CALTRANS, may vary in quantity and content per submittal. The number of sets of each plan, estimate or report shall be determined prior to submittal. The CITY OF TEMECULA, the CITY OF MURRIETA and CALTRANS will review the plans after each submittal and transmit review comments to CONSULTANT. A comment review meeting may be scheduled between the CITY OF TEMECULA, the CITY OF MURRIETA and CALTRANS, and CONSULTANT, where responses to the plan comments will be presented. EXHIBIT "C" 16 STATEMENT OF WORK i. 35% Submittal. Title Sheet Typical Cross-Sections Key Map & Line Index Layout Plans Profile Plans, and Superelevation Diagrams Drainage Plans, Profiles & Details Conceptual Stage Construction Strip Map Construction Cost Estimate ii. 65% Submittal Project Narrative Title Sheet Typical Cross-Sections Key Map & Line Index Layout Plans Profile Plans, and Superelevation Diagrams Construction Details Contour Grading Plans Drainage Plans, Profiles, Details and Quantities Edge Drain Plans and Quantifies Utility Plans Stage Construction Plans & Quantities Detour Plans & Quantities Construction Area Signs Plans & Quantities Summary of Quantities Plans Pavement Delineation Plans, Quantities and Details Sign Plans, Quantities & Details Retaining Wall Plans and Details Sound Wall Plans and Details Noise Assessment Electrical Lighting, Details and Quantities Electrical Ramp Metering, Details and Quantities Special Provisions Construction Cost Estimate Permit Applications Right of Way, Access Control, and Temporary Construction Easement Requirements iii. 95% Submittal. Project Narrative Title Sheet Typical Cross-Sections Key Map & Line Index Layout Plans Profile Plans, and Superelevation Diagrams 17 STATEMENT OF WORK Construction Details Contour Grading Plans Drainage Plans, Profiles, Details, and Quantities Edge Drain Plans and Quantities Utility Plans and Details Stage Construction Plans and Quantities Traffic Handling Plans Detour Layouts Construction Area Signs Summary of Quantities Plans Pavement Delineation Plans, Details, and Quantities Sign Plans, Details, and Quantities Retaining Wall Plans, Details, and Quantities Sound Wall Plans and Details Noise Assessment Electrical Lighting, Details and Quantities Electrical Ramp Metering, Details and Quantities Special Provisions Construction Cost Estimate Construction Schedule Right of Way, Access Control, and Temporary Construction Easement Requirements iv. 100% Submittal. CALTRANS shall prepare order forms for all State furnished materials and signs. Final PS&E (all items listed in 95% submittal, final plans shall be submitted on full sized wet signed mylars) Grid Grades Quality Control Statement Electronic files Resident Engineer's File Surveyor's File F. STRUCTURAL DESIGN 1. General Requirements CONSULTANT shall prepare and deliver to the CITY OF TEMECULA, the CITY OF MURRIETA, and CALTRANS' DIVISION OF STRUCTURES (DOS) for their review and approval, all plans, specifications, and estimates for the structures on the Project. All CONSULTANT prepared plans, specifications, quantity calculations, and estimates shall be prepared in metric units and conform to CALTRANS' requirements. EXH]BrF "C" 18 STATEMENT OF WORK A qualified engineer who is registered in the State of California shall independently check each design. Each plan sheet shall show the name of the engineer who performed the independent check. The calculations for both the design and the independent design check shall be submitted as part of the PS & E Submittal. The respective calculations shall bear the State of California Registered Professional Engineer registration seal with the signature, license number and registration certificate expiration date of the design engineer and independent check engineer. The instructions contained in this scope of work for structures will take precedence over any conflicting instructions found in the Bridge Memos to Designers Manuals. 2. Preliminary Design Review a. CONSULTANT shall obtain and review the as-built drawings of all existing bridge structures within the project vicinity. CONSULTANT shall perform site surveys as necessary to determine existing conditions and topography and also to establish or verify construction survey controls. 3. Plans, Specifications, and Estimates a. General All plans, specifications, quantity calculations, and estimates shall conform to CALTRANS requirements and shall be made available to the CITY OF TEMECULA and CALTRANS for review and approval upon request or either the CITY OF TEMECULA or CALTRANS. Plans for each design shall be prepared on ESC formatted plan sheets. Current Bridge Standard Details Sheets (XS-Sheets) and current Standard Plans shall be incorporated into the Contract Plans where applicable. Each plan sheet shall show the name and address of CALTRANS, the CITY OF TEMECULA, and the CONSULTANT in the blocks provided below the Engineer's signature and registration stamp. Each plan sheet shall show the name of the engineer who prepared the design. b. Special Provisions CONSULTANT shall prepare project specific Structure Special Provisions in accordance with CALTRANS' Plans, Specification and Estimates Guide and the OSFP Information & Procedures Guide. The Structure Special Provisions shall bear the State of California Registered Professional Engineer registration seal with the signature, license number and registration certificate expiration date of the Engineer who prepared the special provisions or the Engineer under whose direction they were prepared. A list of contract items with item descriptions, EXHIBIT "C" 19 STATEMENT OF WORK item numbers, units of pay, and item pay codes, but without quantities or estimated unit costs, shall be included in the front of the special provisions. Estimate CONSULTANT shall prepare quantity calculations and develop unit costs for items that are applicable to this project and shall prepare the bridge cost estimate, utilizing CALTRANS' Quantity Summary and Estimate Forms. Quantities for all contract items, including cost of lump sum items, shall be substantiated by calculations. Quantity calculations shall be neat and orderly and shall show all sketches, diagrams and dimensions necessary to allow them to be independently used by field engineers. All quantity calculations shall be independently checked and substantiated with independent calculations. d. Bridge Design Construction details for each design shall be prepared on CALTRANS' Department of Structures (DOS) format plan sheets. DOS will provide blank reproducible sheets. Where specified in this Statement of Work, or as directed by the CITY OF TEMECULA and CALTRANS, CONSULTANT shall also provide 11" x 17" reduced copy of the plan sets. ii. The CONSULTANT shall acquire the needed standard drawings as shown in Section 20 of the Bridge Design Details Manual and the current Standard Plans. The Bridge Standard Design Detail Sheets shall be prepared in metric units by CONSULTANT for the contract plans. The standard drawings and standard plans shall be incorporated into the Structure PS&E where applicable. e. Deliverables As required, the following submittals shall be delivered to the CITY OF TEMECULA, the CITY OF MURRIETA, and CALTRANS. The specific number of plans, estimates, and reports shall be determined prior to submittal. i. Advanced Planning Study The CONSULTANT shall prepare the Advanced Planning Study submittal for all project and structure alternatives before inclusion of the Advanced Planning Study in the Project Report. The Advanced Planning Study and it's submittal shall be prepared in accordance with the OSFP Information & Procedures Guide and the Memo to Designers. Advanced Planning Study Submittals - 6 copies of the Advanced Planning Study - 2 copies of the Preliminary Foundation Report - 2 copies of the Preliminary Hydraulics Report - 6 copies of Consultant Prepared Structure Advanced Planning Study Checklist EXItlBIT "C" 20 - 6 copies of the Design Memo - 2 copies of the Cost Estimate - 1 copies of the Draft Project Report - 2 copies of the Final Approved Project Report STATEMENT OF WORK ii. General Plan/Type Selection CONSULTANT shall review the Bridge Site Data Submittal form, including attachments, and complete the Draft Foundation Plan Sheet. This will lead to the submittal and presentation for review and approval of a Type Selection Report for the structure. All studies, reports, plans, specifications, estimates and other documents shall be delivered to the CITY OF TEMECULA, the CITY OF MURRIETA and CALTRANS' Engineering Service Center (ESC), Office of Special Funded Projects (OSFP). This process will be considered the "Structure Type Selection" process and no further design work will be performed until written approval of the structure type is received from OSFP. A Type Selection Review Meeting will be held in Sacramento, in which CONSULTANT shall be prepared to discuss and provide information on foundation requirements, hydrological requirements, falsework requirements, seismic and aesthetic considerations, traffic handling, construction cost, and other pertinent information that is needed to determine the proper structure type. A Type Selection Review Meeting will be scheduled a minimum of 2 weeks following receipt of the Type Selection Report. The report shall include the following: Type Selection Memo, Vicinity Map, General Plan, General Plan Estimate, Project Seismic Design Criteria, and Preliminary Foundation Recommendations. The report should follow the format described in the Memo to Designers. The results of the meeting will be summarized in writing to the CONSULTANT within 2 weeks following the meeting. Within 2 weeks after receiving written approval of the proposed General Plan and structure type, the CONSULTANT shall furnish OSFP with 40 reduced (279 x 431 mm) copies of the approved General Plan, 2 copies, Type Selection Memorandum and 2 copies, General Plan Estimate. General Plan/Type Selection submittals: 15 copies of Type Selection Report 1 copy, approved Bridge Site Data Submittal form and attachments for each bridge 1 copy, General Plan (electronic .DGN file) 2 copies of Draft Foundation Plan 4 copies of Final Hydrology/Hydraulics Report 4 copies of Preliminary Foundation Report 2 copies, Type Selection Meeting Summary EXHIB1T "C" 21 STATEMENT OF WORK 40 copies of Approved General Plan 2 copies, Type Selection Memorandum 2 copies, General Plan Estimate iii. Unchecked details submittal: 6 copies, unchecked structure plans 1 electronic copy of the unchecked structure plans (.dgn file) 4 copies, Draft, Final Foundation Report 4 copies, Draft Road Plans OSFP will review and comment on the unchecked structure plans within 3 weeks of receipt. iv. Initial Bridge PS&E (Checked Details Stage) 12 sets Structure Plans 1 Structure Plans (electronic .DGN file) 1 copy of Design Calculations 1 copy of Check Calculations 5 copies Structure Special Provisions 1 copy Structure Special Provisions (electronic file) 2 copies Cost Estimate 2 copies, Quantity Calculations & Summary Sheets 2 copies Working Day Schedules 4 copies of Final Hydraulics Report 5 copies of Final Foundation Report 5 copies of complete Road Plans and Special Provisions 1 copy Quality Control Checklist OSFP will review and comment on the Initial PS & E Submittal within 6 weeks of receipt of the complete package. v. Intermediate PS & E Submittal (if required): Same as the Initial PS & E Submittal or as otherwise requested by OSFP. OSFP will review and comment on Intermediate PS & E submittal within 4 weeks of receipt of the complete package. vi. Final PS&E Submittal 5 copies Final Structure Plans 1 copy, Signed Structure Plans (electronic .DGN file) 1 copy, full size, wet signed mylars of Final Structure Plans 2 copies, Final Structure Special Provisions 1 copy, Final Structure Special Provisions (electronic file) 2 copies, Cost Estimate EXIqlBIT "C" 22 STATEMENT OF WORK 2 copies, Quantity Calculation (estimator/checker) 2 copies, Working Day Schedules I copy of complete Road Plans and Special Provisions (electronic file) RE Pending File (structure related information as discussed in "OSFP Information and Procedures Guide"). 1 copy, 1:50 Deck Contour Plot (Full Scale reproducible) 2 copies, 1:50 Deck Contour Plot (Full Scale Print) G. NOISE STUDY 1. Noise Study CONSULTANT will prepare a traffic noise report for the project. The noise analysis will be based on Federal Highway Administration (FHWA) and CALTRANS' criteria, policies and guidelines for traffic noise analyses. The report will also address any local noise standards applicable to the project. CONSULTANT will perform the following tasks for completion of the traffic noise study: CONSULTANT will identify existing noise-sensitive land uses and undeveloped land for which development is planned, designed and programmed, that may be affected by the project. A location map will be prepared to show relevant noise receptors and will be submitted for review and approval by CALTRANS. CONSULTANT will conduct traffic noise level measurements and concurrent traffic counts at representative noise-sensitive receiver locations throughout the project area. CONSULTANT will seek the CITY OF TEMECULA and CALTRANS' concurrence on the sufficiency of the noise monitoring locations prior to actual fieldwork. CONSULTANT shall identify existing no build noise levels, and predict future peak hour noise levels without mitigation, and future peak hour noise levels with mitigation. An acceptable software program that may be used for the analysis is SOUND 32 PC (microcomputer version of STAMINA 2.0) or an approved equivalent. Calculated peak-hour noise levels will then be compared to FI-IWA'S and CALTRANS' noise abatement criteria to determine noise impacts. If noise impacts exist, CONSULTANT will evaluate mitigation measures in the form of sound walls. Detailed information related to locations and heights of required sound walls will be developed and submitted on strip maps or other layout plans. CONSULTANT will also provide a discussion of alternative noise mitigation measures. CONSULTANT will conduct a feasibility and reasonableness analysis based on feasibility guidelines and reasonableness allowance figures developed by CALTRANS. For this effort, the number of existing and permitted noise- sensitive receivers benefiting from prospective sound walls will be considered in combination with barrier costs. Based on the results of this analysis, EXHIBIT "C" 23 STATEMENT OF WORK CONSULTANT will submit information pertaining to feasibility and reasonableness of constructing sound walls. CONSULTANT will prepare a draft report for review by the CITY OF TEMECULA, the CITY OF MURRIETA, CALTRANS and FHWA. Upon receipt of review comments on the draft report, CONSULTANT will address all review comments in a final noise study report submitted to the CITY OF TEMECULA and CALTRANS. 2. Sound Wall Plans For fee estimating parposes, it is assumed that the Noise Study to be performed under Section 350, Item A, will identify that a maximum of 1000 meters of sound wall will be required along the project limits. It is assumed that the maximum height of this sound wall will be 4.9 m, and it is also assumed that this sound wall will not require any special design and a standard CALTRANS sound wail design can be utilized. H. RETAINING WALLS CONSULTANT shall be required to prepare all retaining wall plans. Said plans shall include wall location, height, typical sections, log of test borings, material and cost estimate calculations, and any wall aesthetic treatments. The extent of retaining wall construction shall be determined during the development of the PS & E. 2. CONSULTANT shall update right of way requirements, as needed to incorporate temporary construction easements for retaining walls. All required retaining walls are anticipated to be standard type CALTRANS walls found in CALTRANS' Standard Plans. CONSULTANT shail notify the CITY OF TEMECULA and CALTRANS immediately upon determination that any other non- standard retaining walls will be required for the Project. All non-standard retaining walls shail be designed in accordance to the provisions in "F. Stmcturai Design." I. DRAINAGE 1. General Requirements CONSULTANT shall be responsible for the design, including hydrologic modifications of ail drainage reports necessary to provide adequate drainage of the Project, including pavement drainage, runoff generated within the Project Area, inflows from watersheds beyond the Project, and interim drainage during construction. Except where specified herein, all plans, specifications, quantity calculations, estimates, and reports shall be in metric units and conform to CALTRANS' requirements. Where conflicts in methodology occur, CONSULTANT shall notify the CITY OF TEMECULA and CALTRANS immediately for resolution. EXHIBIT "C" 24 STATEMENT OF WORK All reports shall be prepared by a qualified Civil Engineer who is registered in the State of California, and shall bear the State of California Registered Professional Engineer registration seal with his signature, license number, and registration certificate expiration date of the Engineer responsible for the preparation. 2. Permits CONSULTANT will prepare exhibits required to assist the CITY OF TEMECULA, the CITY OF MURRIETA and CALTRANS in obtaining any permits and construction/maintenance agreements. 3. Hydrology Reports a. Off-site Hydrology Report CONSULTANT shall prepare an off-site hydrology report for the Project by supplementing existing drainage reports as required. The report shall be prepared in metric units and conform to CALTRANS' standards. ii. Layout plans identifying the location of existing and, if necessary, proposed drainage facilities shall be included within the report. iii. The report shall be submitted to the CITY OF TEMECULA, the CITY OF MURRIETA, and CALTRANS for review. Comments generated from this review will be returned to CONSULTANT for incorporation into the final plan. The number of copies of the report shall be determined prior to submittal. b. On-site Hydrology Report CONSULTANT shall prepare an on-site hydrology report for the Project by supplementing existing drainage reports as required. The report shall be prepared in metric units and conform to CALTRANS' standards. ii. Layout plans identifying the location of existing and, if necessary, proposed drainage facilities shall be included within the report. iii. The report shall be submitted to the CITY OF TEMECULA, the CITY OF MURRIETA and CALTRANS for review. Comments generated from this review will be returned to CONSULTANT for incorporation into the final plan. The number of copies of the report shall be determined prior to submittal. 4. Reports and Plans a. General EXHIBIT "C" 25 STATEMENT OF WORK CONSULTANT shall update fight of way requirements as needed to incorporate drainage and temporary construction easements for drainage facilities. ii. Conflicts with other utilities, including other drainage facilities, shall be identified in plan and profile. b. Drainage Report and Plans Following the review of the off-site and on-site hydrology reports, the CONSULTANT shall perform hydraulic analysis for all of the drainage facilities on the Project. The corresponding drainage report shall be prepared in metric units and shall incorporate updated hydrology calculations. Where proposed improvements modify flows to existing drainage facilities within the project, the hydraulic analysis report submitted for these facilities will be modified to reflect the changed conditions. ii. Drainage plans and profiles of proposed drainage facilities shall be included within the report. Modifications to existing facilities shall be identified on the plans. iii. The drainage report shall be submitted to the CITY OF TEMECULA, the CITY OF MURRIETA, and CALTRANS for review. c. Edge Drains CONSULTANT shall add edge drain designs to the contour grading plans. J. TRAFFIC ENGINEERING CONSULTANT shall prepare the necessary traffic handling plans showing long-term closure of lanes, local road and highway detours, and number of available lanes. Included in these plans are stage construction, construction traffic handling and detours, signing, striping, lighting, and signal modifications as presented below: 1. Stage Construction CONSULTANT shall prepare stage construction plans. Plans shall reflect the construction of all improvements identified on the plans. The plans shall include existing roadbeds, construction to be performed in the stage shown, traffic direction, number of lanes and future construction. CONSULTANT shall continually evaluate and update the stage construction plans during all phases of design. 2. Construction Traffic Handling Plans and Detours a. Traffic Management Plan i. CONSULTANT shall prepare a Traffic Management Plan. The plan should conform to CALTRANS' standards. EXHIBIT "C" 26 STATEMENT OF WORK ii. The Traffic Management Plan shall be submitted to the CITY OF TEMECULA, the CITY OF MURRIETA and CALTRANS for review. Comments generated from this review will be returned to CONSULTANT for incorporation into the final plan. The number of copies of the plan shall be determined prior to submittal. iii. Lane closure charts used during construction are to be approved by Caltrans. b. CONSULTANT shall prepare traffic handling plans, which show long-term closure of lanes, demurs and number of available lanes. Included in these plans are signing, striping, and modifications, and temporary traffic signals, if necessary. CONSULTANT shall continually evaluate and update the traffic handling plans during the design process. c. CONSULTANT shall update right of way requirements as needed to incorporate temporary construction easements for traffic detours. 3. Signing Plans CONSULTANT shall prepare final plans, specifications, and estimates for signing plans including layouts showing the locations of roadside and overhead signs, special sign details, lighting, and any structural or foundation requirements in accordance with applicable standards and design criteria. Any requirements for electrical service shall be coordinated with the local electric utility by CONSULTANT. 4. Pavement Delineation Plans CONSULTANT shall prepare final plans, specifications, and estimates for pavement delineation in accordance with applicable CALTRANS' standards and design criteria. 5. Traffic SignaiPlans CONSULTANT shall prepare final plans, specifications, and estimates for traffic signalization as required for the Project. CONSULTANT shall determine levels of services, warrants and propose any needed improvements. 6. Electrical Plans CONSULTANT shall prepare final plan, specifications, and estimates for electrical plans including layouts showing lighting standard and conduit locations, other lighting appurtenances, and any structural or foundation requirements in accordance with applicable standards and design criteria. Any requirements for electrical service shall be coordinated with the local electric utility by CONSULTANT. CONSTRUCTION BIDDING PHASE Bidding procedures will be the responsibility of either the CITY OF TEMECULA or CALTRANS. While the PS&E construction package is being advertised for bids, all EXHIBIT "C" 27 STATEMENT OF WORK questions concerning the intent shall be referred to either the CITY OF TEMECULA or CALTRANS for resolution. In the event that any items requiring interpretation in the drawings or specifications are discovered during the bidding period or bid opening, said items shall be analyzed by CONSULTANT for decision by either the CITY OF TEMECULA or CALTRANS as to the proper procedure required. Corrective action taken will either be in the form of an addendum prepared by CONSULTANT and issued by either the CITY OF TEMECULA or CALTRANS, or by a covering change order after the award to the construction contract. CONSTRUCTION SUPPORT PHASE CONSULTANT shall attend the pre-construction meeting with the successful construction contractor upon notification by either the CITY OF TEMECULA or CALTRANS. CONSULTANT will receive written notification of the award of a construction contract. Upon such notification, CONSULTANT will proceed with the services required by this contract, and will continue to provide these services through Construction Contract Acceptance (CCA). CONSULTANT shall develop the Resident Engineer's (RE) File related to the design of the Project. Although the RE File is identified as a deliverable during the final stages of design, CONSULTANT shall update the RE file for the duration of this Statement of Work. CONSULTANT shall provide the CITY OF TEMECULA and CALTRANS with a written log of significant items that are added to the RE File. The RE File shall be available for either the CITY OF TEMECULA's or CALTRANS' review at any time during the performance of this Statement of Work. During construction, CONSULTANT shall furnish all necessary drawings for corrections and change orders required by errors and omissions of CONSULTANT. The original tracing(s) of the drawings and contract wording for change orders shall be submitted to the CITY OF TEMECULA or CALTRANS for duplication and distribution. CONSULTANT shall review and approve submittals and shop plan drawings submitted by the construction contractor. CONSULTANT shall complete shop plan review within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. Drawings and change orders required due to actions of either the CITY OF TEMECULA or CALTRANS, which are beyond the scope of CONSULTANT's responsibilities, shall be considered extra services. CONSULTANT shall be available to visit the job site for on-site review of construction, as requested, by either the CITY OF TEMECULA or CALTRANS, to resolve discrepancies in the contract documents. CONSULTANT shall bring to the attention of the Resident Engineer any defects or deficiencies in the work by the construction contractor, which CONSULTANT may observe. CONSULTANT shall have no EXHIBIT "C" 28 STATEMENT OF WORK authority to issue instructions on behalf of either the CITY OF TEMECULA or CALTRANS, or to deputize another to do so. All agreements shall be between the awarding agency and its construction contractor. These provisions shall not be construed as making CONSULTANT responsible for failure of the awarding agency's construction contractor to carry out the work in accordance with the contract documents nor the construction means or methods or techniques, sequences, procedures, or safety programs in connection with the work. CONSULTANT shall (using marked prints from the Resident Engineer) prepare and deliver to either the CITY OF TEMECULA or CALTRANS, within two months of completion of Project construction, the final "As-Built" plans in both hand drawn and electronic format. MATERIALS FURNISHED BY CALTRANS or the CITY OF TEMECULA Disposition of materials furnished by CALTRANS will be at the discretion of CALTRANS' contract manager. These items may include, but not limited to: 1. Copies of "As-Built" plans 2. Drafting Standards (CTCELL 18) for electronic plan preparation 3. Existing Materials Data 4. Blank reproducible sample DOS structure plan sheets 5. Standard Special Provisions (SSP's) in Microsoft Word 6. Existing Right of Way Maps 7. Survey Control Data 8. Aerial Photos 9. Blank CALTRANS' plan sheet 10. Existing traffic counts, accident records and data 11. Project Study Report and other planning study data 12. Pertinent correspondence WORK TO BE PERFORMED BY CALTRANS Liaison with FHWA Provide primary survey controls necessary for design surveys WORK TO BE PERFORMED BY THE CITY OF TEMECULA Leads in public involvement and distribution of public information Utility coordination Right of Way negotiations EXHIBIT "C" 29 APPLICABLE STANDARDS STATEMENT OF WORK The PS&E shall be prepared in accordance with current the CITY OF TEMECULA, the CITY OF MURRIETA and CALTRANS' regulations, policies, procedures, manuals, and standards including compliance with Federal Highway Administration (FHWA) requirements. The following documents shall be used in the production of this Contract. The documents listed are not all-inclusive, but are intended only to illustrate types of sources: O O 0 0 EXHIBIT "C" AASHTO Policy on Geometric Design of Highways and Structures (AASHTO 1990) Caltrans Highway Design Manual Metric Highway Design Standards Standards for Metric Plans Metric Standard Specification Local Assistance Procedures Manual Caltrans Traffic Manuals Manual of Uniform Traffic Control Devices Caltrans Project Development Procedures Manual FHWA Environmental Guidelines & Manuals Caltrans Plans Preparation Manual Caltrans CADD Users Manual Environmental Handbook, Volumes 14 Guidance for Consultants: Procedures for the Protection of Historic Properties Section 106 Process, and Guidance for Consultants: Procedures for Completing the Natural Environment Study and Related Biological Reports. Safety Manual Right of Way Manuals Construction Staking Handbook Project Plan Preparation Manual of Instructions Standard Plans Standard Specifications Standard Special Provisions Caltrans Plans, Specifications and Estimate Guide Guide to Caltrans Capital Outlay Support Work Breakdown Structure (WBS) Bridge Design Specifications Manual Bridge Design Details Manual Bridge Design-Aids Manual Bridge Memos to Designers Bridge Standard Details Sheets Bridge Detail Decals · CALTRANS Seismic Design Criteria · OSFP Information & Procedures Guide Policy on High and Low Risk Underground Facilities within Highway Rights of Way Formatted Highway Plan Sheets Formatted Bridge Plan Sheets Surveys Manual 30 STATEMENT OF WORK o State Manual of Test Roadway design shall be in accordance with the current edition of CALTRANS' Highway Design Manual, the Metric Highway Design Standards, Standards for Metric Plans, Metric Standard Specification. Basic design shall be in accordance with the existing approved general GAD's and the Final Supplemental Project Report. Plans shall be prepared in conformance with the current editions of CALTRANS' Plans Preparation Manual and the CADD Users Manual and the following: All CADD work shall be in compliance with CALTRANS' CADD Users Manual. CADD work shall also incorporate, as deemed necessary by the Task Manager, any revisions to the CADD Users Manual that are made during the course of the contract. b) Consultants shall obtain and use the latest versions of the CADD files in order to conform to CALTRANS' graphics and plotting standards. Files needed include, but are not limited to: cell libraries for highways and structures, font resources, color tables, and graphics seed files. These files are provided only in Microstation format (.dgn) format and can be obtained electronically from CALTRANS' Internet site at: http://www.dot.ca.gov/hq/esc/Engineering_Technology/DevelopmentBranch/cell ibs/ (click on ct-libs.exe to download file) c) All CADD graphics files submitted to CALTRANS shall be two-dimensional (2-D) graphics files in Mircostation format (.dgn). All graphics files submitted must display and plot properly on the District's plotting system. Effective October 1, 1992, in accordance with the CADD Users Manual, submitted CADD plan sheet files should not contain any referenced data. All drawing data and features relating to a CADD plan sheet file shall be fully contained in that CADD file. d) CONSULTANT shall submit all plans on CD ROM using MicroStation (.dgn) file format in accordance with CALTRANS' standards and submit a copy of all plans to the CITY OF TEMECULA on CD Rom converted to AutoCAD, Release 14 (.dwg). In the event the conversion does not produce usable AutoCAD files the CITY OF TEMECULA will require to CONSULTANT to provide the CITY OF TEMECULA with the software, new registered to the CITY OF TEMECULA, required to utilize the electronic files in their original format. The electronic files shall include the engineer's electronic signature and seal. CONSULTANT shall verify the latest version of software used prior to submittal. CONSULTANT will also provide plot parameter (.par) files in accordance with I- Plot standards. Diskettes are not acceptable to CALTRANS. Any translation effort necessary to obtain these formats shall be the responsibility of the Consultant at no extra cost to CALTRANS. EXH~B1T "C" 31 STATEMENT OF WORK e) CONSULTANT requests for applicable CITY OF TEMECULA or CALTRANS CADD copies of plans or topographic maps to complete the task shall be made in writing to the Project Manager at least two weeks prior to their need. The request shall be specific as to what is needed and the reason for this information. The Project Manager will review the request and only forward request of information that is deemed necessary by the Project Manager. Requests for additional CADD copies of information previously provided to CONSULTANT by the CITY OF TEMECULA or CALTRANS shall be at CONSULTANT's expense, with no extra cost to the CITY OF TEMECULA or CALTRANS. CADD files associated with another project (past or present) will not be released without prior written authorization from the Project Manager responsible for the other project. CONSULTANT shall be responsible to convert and/or modify any CADD graphics to current standards. If CADD copies are not available, CONSULTANT will have to convert what is available to meet current CADD submittal standards. As part of the services involved in the preparation of the plans, specifications, and estimates, CONSULTANT shall prepare and furnish Special Provisions for all items included in the plans which are not covered in the Standard Plans and Standard Specifications or require more detail than is presented on the Project plans. The CONSULTANT shall acquire the Special Provision's standard format on microcomputer disks in Microsoft Word. CONSULTANT shall edit and prepare Special Provisions specific to the Project using the latest version of Microsoft Word. Plans, specifications, and estimates shall be prepared in conformance with the current editions of CALTRANS' Plans, Specifications, and Estimates Guide. Bridge plans, specifications, and calculations shall be in accordance with CALTRANS' Division of Structures Bridge Design Details Manual, Bridge Design Aids Manual, Bridge Memos to Designers, Bridge Design Specifications, and CALTRANS' Seismic Design Criteria. All surveys shall conform with the current CALTRANS' Surveys Manual. All phases of design of improvements which impact existing or proposed underground utilities shall conform to CALTRANS' Policy on High and Low Risk Underground Facilities Within Highway Rights of Way. Design of the Project shall be performed in accordance with CALTRANS' standards and practices. Any exceptions to applicable design standards shall be approved by CALTRANS and the Federal Highway Administration via the process outlined in CALTRANS' Project Development Procedures Manual and applicable memorandums and design bulletins published by CALTRANS. The structure design, plans, calculations, reports, special provisions, estimate and quality control shall conform to CALTRANS' OSFP Information and Procedures Guide and the requirements in this Statement of Work. The requirements in this Statement of Work EXHIBIT "C" 32 STATEMENT OF WORK shall take precedence over any conflicting instructions found in the Bridge Memos to Designers manual. CONSULTANT shall obtain, at its expense, all applicable CALTRANS' Manuals and Standard Plans. Manuals and documents that are not available from the CALTRANS' Publication Distribution Center are available from the CALTRANS' Intemet web site at: http:llcaltrans-opac.ca, govlpublicat.htm. Since manuals, guidelines, standards, etc., are dynamic documents, it will be the responsibility of the CONSULTANT to verify that the latest version or update has been received. COORDINATION Coordination with the CITY OF TEIVIECULA, CALTRANS, other Consultants and other involved agencies may be required to achieve compatible designs, phasing of construction with existing or designed conditions, and timely delivery of this contract PS&E. Coordination may include, but is not limited to, coordination with CALTRANS, local agencies, US Forest Service, National Park Service, State Department of Parks and Recreation, Native American tribal govemments, and other agencies. The Project Manager will decide the manner in which the coordination of individual matters are undertaken. At the Project Manager's option they may be performed by the CONSULTANT's direct contact, by the CONSULTANT acting through the CITY OF TEMECULA, CALTRANS or by the CITY OF TEMECULA only. When coordination efforts require agreements, such agreements shall be obtained through the CITY OF TEMECULA. For contract work on property not owned or controlled by the CITY OF TEMECULA, all permits, agreements, and permissions will be obtained by the CITY OF TEMECULA in the advance of CONSULTANT's activities, however; . a) The CONSULTANT shall not enter upon property or facilities not owned by the CITY OF TEMECULA or CALTRANS without prior permission or permit obtained through the CITY OF TEMECULA or CALTRANS. b) The CONSULTANT shall notify the CITY OF TEMECULA and CALTRANS, in writing, two weeks in advance of their need to enter upon said property or facility to perform work. c) The CONSULTANT's notice shall specify the date, purpose, duration, location, and the time of day of the CONSULTANT's activities. d) The CONSULTANT shall comply with all conditions imposed by the Project Manager and requirements set forth in the permission, permit, or agreement. EXItlBIT "C" 33 STATEMENT OF WORK QUALITY ASSURANCE CONSULTANT has total responsibility for the accuracy and completeness of the plans, calculations, and related documents furnished under this Statement of Work, and shall meet that responsibility through the implementation of a Quality Assurance Plan. CONSULTANT's Quality Assurance Plan shall be in effect throughout the entire Contract and, at minimum, shall establish the process necessary to ensure the following: a. All design is done in accordance with good engineering practice and all design meets the standards set forth herein. The quality control plan shall establish a process whereby all plans and calculations are independently checked, corrected and back-checked, in accordance with accepted practice, by a qualified engineer, registered in the State of California. All job related correspondence and memoranda are routed and received by affected persons and then bound in appropriate job files. All original drawings and calculations shall be maintained for the duration of the design Contract and submitted to the CITY OF TEMECULA at the completion of the Project. Coordination and checks are provided on those drawings that show different work in the same area (i.e. plans coordinated with specifications), to see that conflicts and misalignment do not occur between plan sheets, and between the plans and specifications. do CONSULTANT shall verify the constructibility of the plans in relation to CALTRANS Standard Plans and Standard Specifications, and the Project Special Provisions, and shall adhere to Caltrans Constructability Review Guidelines.. Delivery of plans and computations must be accompanied by supporting documentation that demonstrates CONSULTANT is following its Quality Assurance Plan. The documentation may include copies of appropriate lists of deliverables, tables, plan sheet punch lists, etc., which show columns for checking, revising, back- checking, and quality control reviews. Design review submittals not accompanied by sufficient verification of quality control procedures will be returned to CONSULTANT. Documentation of quality assurance procedures is considered to be a requisite element of each review submittal. CONSULTANT shall be required to include Quality Control Statements with the 65% and 95% Roadway submittals and Initial Structures PS&E submittal. The statements shall include checklists for those pertinent items that are required for the timely, uninterrupted processing of submittals within CALTRANS. Prior to the Final Design Submittal, CONSULTANT shall be required to perform an internal quality control and constructibility review with engineers experienced in the appropriate discipline(s). CONSULTANT shall identify personnel responsible for EXHIBIT "C" 34 STATEMENT OF WORK this review, prior to the review. CONSULTANT shall provide review results to the CITY OF TEMECULA and CALTRANS. CONSULTANT shall submit to the CITY OF TEMECULA within 30 calendar days after receipt of Notice to Proceed two copies of their Quality Assurance Plan. The CITY OF TEMECULA and CALTRANS will review the plan established by CONSULTANT to determine if quality assurance procedures are adequate and appropriate to the complexity of the project requirements. Concepts to include axe the Designability , Constructability, and Maintainability of the project being prepared by the Consultant. Review comments will be returned to CONSULTANT within 14 calendar days. If appropriate, the revised plan, which incorporates the comments of the CITY OF TEMECULA and CALTRANS, should be resubmitted within seven calendar days of receipt of comments. Evidence that the Quality Assurance Plan is functioning will be periodically confirmed by the CITY OF TEMECULA and CALTRANS. Deliverables that do not conform to the approved plan will be returned to CONSULTANT without review by the CITY OF TEMECULA and CALTRANS. PROJECT PROGRESS A. GENERAL CONSULTANT shall establish internal accounting methods and procedures acceptable to the CITY OF TEMECULA and CALTRANS for documenting and monitoring Contract costs. CONSULTANT shall give written notice to the CITY OF TEMECULA and CALTRANS within seven (7) working days after CONSULTANT knows or should know of any cause or condition which might, under reasonable foreseeable circumstances, result in delay for which CONSULTANT may request an extension of time to complete Services. CONSULTANT shall report in a timely manner, through correspondence or progress reports, whenever it appears that approved schedules will not be met, whether or not the reasons are within the CONSULTANT's control. In the event the Scope and Schedule of the Services are modified, and the modified Schedule is approved by the CITY OF TEMECULA and CALTRANS, CONSULTANT shall submit a revised Milestone Schedule. CONSULTANT shall perform the Services in accordance with the latest approved revised Milestone Schedule. Within 15 working days of the introductory meeting, the CONSULTANT shall submit to the CITY OF TEMECULA and CALTRANS for review, a Bar Chart Schedule showing the Critical Path and Logic Network Schedule, and identifying all project development activities and milestones. The CITY OF TEMECULA and CALTRANS will review these documents and return them to CONSULTANT with notes and comments as soon as possible in order to validate the planning and cost control procedures within the first calendar month of performance period. EXHIBIT "C" 35 STATEMENT OF WORK CONSULTANT shall submit to the CITY OF TEMEUCLA and CALTRANS within 30 calendar days after receipt of Notice to Proceed, two copies of their Quality Assurance Plan. The CITYOF TEMECULA and CALTRANS will review the plan established by CONSULTANT to determine if quality assurance procedures are adequate and appropriate to the complexity of the Project requirements. Review comments will be returned to the CONSULTANT within 14 calendar days. If appropriate, the revised plan, which incorporates the comments of the CITY OF TEMEUCLA and CALTRANS, should be resubmitted with seven calendar days of receipt of comments. MONTHLY PROGRESS REPORTS On a monthly basis, CONSULTANT shall prepare and submit to the CITY OF TEMECULA and CALTRANS a monthly status report that indicates the work progress achieved during the period. The report shall summarize the actual work progress compared with estimated progress and will identify problem areas, provide evaluations, recommendations and an outline on the process which CONSULTANT, the CITY OF TEMECULA and CALTRANS will follow to rectify the problem(s). The progress report shall be submitted with the monthly invoice. Progress reports shall include the total number of hours worked by the CONSULTANT's and sub- consultant's personnel by the CALTRANS' Work Breakdown Structure (WBS) level element(s). Invoices shall be submitted showing the CALTRANS' Work Breakdown Structure (WBS) level element for each billable hour increment. The most current version of the standard CALTRANS' WBS is available on the Intemet at: http://www.dot.ca, gnv/hq/proimgmt/pm scope.htm As a minimum, the monthly report should address the following specific areas: a. Time related project status via a bar chart schedule b. Physical progress c. Amendment summary history d. Narrative status report e. Earned Value Report f. Graphical comparisons for actual progress vs. earned and planned progress for: physical (%complete), performance (hours complete) and cash flow. A Progress Meetings between CONSULTANT, the CITY OF TEMECULA, the CITY OF MURRIETA, and CALTRANS shall be held as required by the Project Manager to discuss the design progress, potential problems, plans for the next period, and other progress issues. The CITY OF TEMECULA will establish with CONSULTANT the dates and times of these meetings. Three calendar days prior to each progress meeting, CONSULTANT shall provide the CITY OF TEMECULA, the CITY OF MURRIETA and CALTRANS with a typewritten agenda for the meeting. CONSULTANT shall prepare typewritten meeting minutes and submit them to the CITY OF TEMECULA, the CITY OF MLR~rI~TA, and CALTRANS within seven calendar days after the meeting. The minutes shall indicate issues discussed and the resolution or action required to resolve any issues. EXHIBIT "C" 36 STATEMENT OF WORK CONSULTANT shall submit at each Progress Meeting, a four-week horizon schedule to be used in monitoring the progress of the work. Project Coordination Meetings may be called by the CITY OF TEMECULA, CALTRANS or the CONSULTANT at any time that any party requires discussion of Project issues. CONSULTANT shall prepare minutes of the meeting and submit them to the CITY OF TEMECULA and CALTRANS. EXlt/BIT "C" 37 ITEM 10 APPROVAL CITY ATTORNEY DIRECTOR OF FINAI~CE~___ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council ~William G. Hughes, Director of Public Works/City Engineer Janua~ 14,2003 SUBJECT: Completion and Acceptance Citywide A.C. Repair Program for FY02-03 Project No. PW02-04 PREPARED BY: ~'~2 Greg Butler, Principal Engineer Eric Weck, Assistant Engineer RECOMMENDATION: That the City Council: Accept the project "Citywide A.C. Repair Program for FY02-03, Project No. PW02-04", as complete; and File a Notice of Completion, release the performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; and Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On August 27, 2002, the City Council awarded the contract to All American Asphalt, Inc. for an amount of $169,169.00. The project included a contingency amount of $16,916.90. The Asphalt Repair Project for FY2002-2003 is part of the Annual Street Maintenance Program. The program involves repairing portions of street that require removal and replacement of small areas of the roadway and replacing the associated striping and legends. The roads included in this project are as follows: Margarita Road, La Colima Road, Front Street, Overland Trail and Pujol Street. The Contractor has completed the work within the allotted contract time, and in accordance with the approved plans, specifications and contract change orders, and to the satisfaction of the City Engineer. The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded, 1 R:~AGENDA REPORTS',2003~11403\PW02-04,ACC.DOC/ FISCAL IMPACT: This Citywide A.C. Repair Program is funded by the Public Works Department Routine Street Maintenance account. These funds have been appropriated in Account No. 001- 164-601-5402. The original contract amount for this project was $169,169.00. Final quantity adjustments and two contract change orders brought the final cost of the project to $141,167.58. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit 2 R:~,AGENDA REPORTS~2003~011403",PW 02-04.ACC. DOC/ RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. Nature of Interest Vendee Under Contract. 92590. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 3. A Contract was awarded by the City of Temecula to All American Asphalt, P.O. Box 2229, Corona, CA 92878-2229 to perform the following work of improvement: Citywide A.C. Repairs FY02-03 Project No. PW02-04 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Pubiic 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 January 14, 2003. That upon said contract the Fidelity and Deposit Company of Maryland 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: Citywide A.C. Repairs FY02-03, Project No. PW02-04 6. The location of said property is: Various Citywide Streets, Temecula, California Dated at Temecula, California, this 14th day of January, 2003. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Susan W. Jones CMC, City Clerk I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 14th day of January, 2003. Susan W. Jones CMC, City Clerk R:\CIP\Projects\PW02-04\StafANotice of Completion 'BOND NO. 08.5 97 494 ~lr=~" IN"['~.(2) PAI~S ALL ANE~CAN ASRt~,T, PO B3X 2229, CCXKX~, CA. 928?8-2229 F~,~ ~ ~IT ~ OF ~ 2~ ~. ~ ~, $~, ~, ~. 91101 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~t County of O?.ANGB .~ ss. On ... 12-'~U-U2 personally appeared , before me,. II personally known to me to be the per~on(~) whose namelY) la~ subscribed to the within Instrument and acknowledged to me that he/~lgl~exe~uted the same In hl./~ll~:]~ authorized capoclty(~l~, end that by slgnatum(~ on the Instrument the pemon(X), or the en~ty upon behalf of which the pemon~ OPTIONAL Though lhe lnfmzna~t lx~low ~ r, ot mqulmd by lm~ ~ mey pmve valuable to ~ ~ ~ ~ d~men! end ~u~d l~e~'d fm~,enf remm~ end melf~hrnerd ~ lh~ ~om~ ~o ena~l~r ~£ Desk,Ion ~ A~ch~ D~u~ ' ~eor~D~m~t: ~r~ ~ ~; 085 97 494 ~mnt Dale: 12-3~2 Num~r M P~: ~ ( 2 ). Capacity(lee) Claimed by 81gner Signer's Name:.. D Coqx~mte C)fli~er ~ Tttte(8): · 0 Pe~lner -- 0 Umlted O General ](]0C Attorney In Fact (::] Trustee r-I Guara~n or Coneewator .~Signerls RepmsenUng: FIDI~r.z'I~' AND DI~OSI"I Power of Attomey FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BAL'I1MORE, MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the Stale of Maryland, by C. M. PECOT, J~.., Vice-Presidant, and C. W. ROBBINS, Ass'~.ant Secrelaxy, in pursuance of anthority craned by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby ce~ified to be in full force it~ act and d~l: A'~e'lh'~~~ng upon said Company, as fully and ~lected officers of the Company The said Assistant Secretary docs hereby certif~ exWact ~ ' on the reverse side hereof ~ a ~ue copy of Article VI, Section 2, of the By-Laws of said Company, and is n?~Torce. _6 ~ IN WITN~r~$ WHEREOF, th~ said Vice-P6~lent and ~ Secretary have hereunto subserihed their names and affixed the Corporate Seal of thc said FIDELITY AND~I~SIT COMI~OF MARYLAND, this__ 22nd day of July , A.D. 19.93~ ~.. '~ COUNTY OF BALTIMORE SS: On this 22nd day of July , A.D. 1993 ~ before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice-Presidcot and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF IVlARYLAND, to me personally known to be the individuals and officers described in and who executed the instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they arc the said officers of the Company aforesaid, and that the seal aff~xed to the preceding instrumem is the Corporate Seal of said Company. and that the said Co~0orate Seal and their signatures as such officers were duly affixed and subecdbed to the said instrument by the authority and direction of the said Corporation. IN TEST/MONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. My Commi~ion Expires Au_gusl 1, 1906 Cl~RfU~llCATI~ I, the undersigned. Assistant Secrcta~7 of the FIDEI~fY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Auora~y of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; I do further certif~ that the Vice-President who cxecut~ the said Power of Attorney was one of the additional Vice-Presidants specially authorized by the Board of Directors to appoint any Attorr~y-in-Fact as provided in Article VI, Section 2, of the By-Laws of FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That lhe facsimile or mechanically r~reduc~ signature of any Assist~t Secretary of the Company, whether mada beretoforc or hereaf~r, wherever appoaring upon a certified copy of any power of at~mey issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN T~. IMONY WHEREOF, I have bereunto subscrib~ my name and affixed thc corporate ~ of the said Company, this .~ ~-~ u4~-012- 6160 CITY OF TEMECULA, PUBUC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW02-04 ClTYWlDE A,C. REPAIRS FY02-03 to the City of Temecula, under oath, that he/sHe/it has paid in tull for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or Subcontractors used or in contriOution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, er repalr of that certain work of improvement known as PROJECT NO. ClTYWIDE A,C. REPAIRS FY02-03, siluated in the City of Temecu~a. State of California, more particularly dec-,cribed as follows: INSERT Al)DRESS OR DESCRIBE LOCATION OF WORK The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitule grounds for any third party to claim a Stop Notice against ct any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City el Temecula anO all agents arK:l employees Of the City, and each of them, teem any and all c~aims, debts, demanOs, or cause Of action which ex;st er might exist in favor of the CONTRACTOR by reaSOn of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputeO above. Signature ~ ~t~..ASE R-1 R~CIP~ROJ ECTSTW(~W,~-(~ AC P~ p~p~c~Spoc~ ITEM 11 APPROVAL . CITY A'I-FORNEY DIRECTOR OF FINANCE.._,~___ CiTY MANAGER ~"-'f I TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT wCity ManagedCity Council illiam G. Hughes, Director of Public Works/City Engineer January 14, 2003 Naming a Designated Recipient (DR) of Federal Urbanized Area (UZA) Formula Funds - Federal Transit Administration's (FTA) Section 5307 Program PREPARED BY: RECOMMENDATION: 1. Julie Dauer, CIP Specialist That the City Council: Adopt a Resolution entitled: RESOLUTION NO. 2003 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECOMMENDING THAT THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) BE IDENTIFIED AS THE DESIGNATED RECIPIENT (DR) OF FEDERAL URBANIZED AREA (UZA) FORMULA FUNDS FOR THE TEMECULA-MURRIETA URBANIZED AREA BACKGROUND: Annually, the Federal Transit Administration (FTA) distributes federal operating and capital block grant funds to urbanized areas (UZA) through its Section 5307 Program. Section 5307 provides grants to urbanized areas and states for transit-related purposes. Funding is apportioned on the basis of legislative formulas. For areas with populations of 200,000 and more, the formula is based on a combination of bus revenue vehicle miles, bus passenger miles, fixed guideway revenue vehicle miles, and fixed guideway route miles as well as population and population density. On May 1, 2002, the Bureau of the Census released the UZA designations for the 2000 Census. As a result, the Temecula-Murrieta urbanized area was established with a population count of 229,810. Cities included in the new Temecula~Murrieta UZA ara Canyon Lake, Lake Elsinore, Murrieta, Perris and Temecula. The Riverside Transit Agency (RTA) serves as the primary transit operator for these cities. Based on the population exceeding 200,000 the Temecula- Murrieta UZA is considered a large UZA. Therefore, according to Titles 23 & 49 of the United States Code (23 U.S.C. 134 (i), and 49 U.S.C. 5303, respectively), the Secretary of Transportation is required to designate urbanized areas with a population over 200,000 as Transportation Management Areas (TMA). R:~AGENDA REPORTS~003\011403\UZA-Designated Recipient.jcd.doc As a potential applicant for Section 5307 funds, in an urbanized area with a population over 200,000, the City of Temecula must identify a Designated Recipient (DR) to receive and dispense funds. In addition to the Governor, the Metropolitan Planning Organization, the County Transportation Commission, and the affected public transit operators, all cities located within each of the areas must concur with the selection of the DR. On November 13, 2002, the Board of Commissioners of the Riverside County Transportation Commission (RCTC) unanimously approved a resolution that the Southern California Association of Governments (SCAG) be named as the DR for the newly established urbanized area. However, in order to continue this process, each city in the new UZA will also need to approve SCAG as the DR. The Riverside Transit Agency (RTA) is in process of insuring that each city within our designated UZA will comply with the procedures necessary to ultimately utilize Section 5307 funds for future projects. Identifying SCAG as the DR for the newly established Temecula-Murrieta UZA will continue to foster an effective planning process that promotes an efficient overall transportation investment strategy. The role of the DR includes preparing a Long Range Transportation Plan, such as the Regional Transportation Plan that SCAG currently prepares and files. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution No. 2003- R:~AGENDA REPORTS~2003\011403\UZA-Des[gnated Recipient.jcd.doc RESOLUTION NO. 2003 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECOMMENDING THAT THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) BE IDENTIFIED AS THE DESIGNATED RECIPIENT (DR) OF FEDERAL URBANIZED AREA (UZA) FORMULA FUNDS FOR THE TEMECULA-MURRIETA URBANIZED AREA THE CITY .COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, on May 21, 2002, the Bureau of the Census released the urbanized area (UZA) designations for the 2000 Census; and WHEREAS, the Federal Transit Administration (FTA) uses this data to allocate federal funds from its Urbanized Area Formula Fund program; and WHEREAS, the Temecula-Murdeta UZA has been created; and WHEREAS, federal regulations require that a statewide or regional agency responsible under state law for financing, construction, or operating directly, by lease, contract, or otherwise of public transit services be named by the Governor, responsible local officials, and providers of publicly owned transit services as the Designated Recipient for the purposes of receiving and dispensing FTA Urbanized Area Formula Funds in accordance with the provisions of 49 U.S.C. 5303-5306; and WHEREAS, the Southern California Association of Governments (SCAG) currently serves as the Designated Recipient for FTA Urbanized Area Formula Funds for the Riverside- San Bernardino UZA; and WHEREAS, the naming of SCAG as the Designated Recipient of FTA Urbanized Area Formula Funds for the Temecula-Murrieta UZA would foster an effective planning process that ensures connectivity between modes, and promotes efficient overall transportation investment strategies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. Approves the resolution recommending that the Southern California Association of Governments (SCAG) be identified as the Designated Recipient (DR) to receive and dispense funds for the Temecula-Murrieta Urbanized Area (UZA). R:~AGENDA REPORTS\2003\011403\UZA-Designated Recipient.jcd,doc PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 14th day of January 2003. Jeffrey Stone, Mayor A'CrEST: Susan W. Jones, CMC, City Clerk (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- 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 January, 2003, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS COUNCILMEMBERS COUNClLMEMBERS R:~AGENDA REPORTS~003\011403\UZA-Designated Recipient.jcd.doc ITEM 12 APPROVAL CITY ATTORNEY FINANCE DI RECTO R~(;~=t~ CITY MANAGER / TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council Herman D. Parker, Director of Community Services January 14, 2003 Crowne Hill Park Joint Use Agreement PREPARED BY: ~(~'~" Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the City Council approve the Crowne Hill Park Joint Use Agreement between City of Temecula (City) and the Temecula Valley Unified School District (TVUSD). BACKGROUND: The Crowne Hill Development is conditioned to develop and dedicate two parks to the City of Temecula. The first park, known as Crowne Hill Park, has been completed and the Grant Deed was accepted by the City Council on November 12, 2002. The park site is adjacent to a future elementary school site, which will be developed in the near future by the TVUSD. At the time the school site was originally approved, requirements for State funding of elementary schools mandated that sites be at least 10 acres in size. Since that time, the requirement has been increased to twelve acres. The site available to the TVUSD is 10 acres in size. No other adjacent land is available for acquisition by the school district to increase the school size to the required twelve acres. The Temecula Community Services Department (TCSD) and the TVUSD have negotiated the use of two acres of open turf area in the newly constructed Crowne Hill Park site F for use as additional recreational space for the elementary school. A Joint Use Agreement (the "Agreement") has been prepared to clearly define the responsibilities and use of the joint use portion of the park. The term of the agreement is forty (40) years. The Agreement provides for the TCSD, through the developer, to construct the park. Upon completion of the park and approval of the Agreement, the TVUSD shall install and maintain fencing and gates around the two-acre portion of the park to ensure safety of students. This area will provide space for school children to play games and sports for physical education purposes during school hours. During non-school hours, the joint use portion of the park shall be considered public park and open to the general population. Approval of this Agreement will provide the additional two acres of land needed by the TVUSD in order for the elementary school site to be eligible for State funding. The Agreement has been considered and approved by the Temecula Valley Unified School District Board and the Temecula R:\RUSEP~AGENDAS\crowne hill joint use agmt-cc,doc Community Services Commission, FISCAL IMPACT: The Crowne Hill Park was constructed by the developer through the use of Development Impact Fee credits and dedicated to the City. The Community Services Department will be responsible for annual operations and maintenance costs of the park estimated at $24,500. The TVUSD will be responsible for the installation and maintenance of appropriate fencing and gates. The City will incur no additional costs associated with this joint use agreement. ATrACHMENT: Crowne Hill Joint Use Agreement R:\RUSEP~AGENDAS\crowne hill joint use agmt-csd.doc AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR THE JOINT USE OF A PORTION OF CROWNE HILL PARK IN TRACT NO. 23143 THIS AGREEMENT is made and entered into as of May 7, 2002 by and between the City of Temecula, a municipal corporation ("City"), and the Temecula Valley Unified School District ("District"). In consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. Recitals. This Agreement is entered into with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the parties: a. Chapter 10 of Division 1 of the Education Code, commencing with Section 10900, authorizes public school districts and cities to cooperate with one another for the purpose of authorizing, promoting and conducting programs of community recreation which will contribute to the attainment of general recreational and educational objectives for children and adults of the State. In this regard, school districts and cities may enter into agreements with each other to aid and cooperate in carrying out these objectives; b. Upon construction and dedication to City by the developer of Tract 23143, City will become the owner of certain real property within the City of Temecula, known as the site for proposed Park in Tract 23143, preliminarily referred to as Crowne Hill Park, located on the future Old Kent Road, being constructed as part of Tract 23143 in Temecula California, directly adjacent to the futura elementary school preliminarily referred to as Crowne Hill Elementary School Site; c. District and City desire to jointly develop and utilize a portion of Crowne Hill Park for park, recreational and educational purposes benefiting the citizens of Temecula, and for educational purposes benefiting the students of Crowne Hill Elementary School; and d. The portion of Crowne Hill Park to be developed and used for these joint purposes is an approximately Two (2) acre tuff playfield with perimeter concrete sidewalks and fences located on the Crowne Hill Park property and is depicted on Exhibit A., attached hereto and incorporated herein by this reference (hereafter the "Property"). 2. Use of Property as a School Facility. City hereby grants to District a license to use the property as a school facility in accordance with the terms and restrictions as set forth in this Agreement and the ordinances, rules and regulations of the Temecula Valley Unified School District governing the use of school facilities for education purposes. : 3. Term of Agreement. The term of this Agreement shall be for a period of forty (40) years beginning May 7, 2002 and shall terminate April 30, 2042; provided, however, that this Agreement may be amended at any time by mutual consent of both parties. 4. Apportionment of Use of Property by City and District. The Property shall be used for Crowne Hill Elementary School's purposes by the District during the hours of 8:00 a.m. to 3:30 p.m., Monday through Friday except on School Holidays, and during such other hours as are required to carry out normal school purposes, including activities scheduled pursuant to the District's calendar of events, which calendar shall be prepared and sent to the City prior to the beginning of each school year. At all other times, the Property shall be used for public park proposes by the City and subject to such park roles and regulations for the use of the park as the City may enact. Because of the elevation constraints of the Crowne Hill Elementary School site, the school's fields, hardcourt play areas, and parking lot areas will not be available for public park purposes. City will limit public park activities at Crowne Hill Park to only those activities which can reasonably be supported within the Crowne Hill Park facilities and parking alone. 5. Improvement of the Property. The City will construct and install the turf and concrete areas on the Property at it's sole cost and expense. In constructing such facilities City shall comply with all applicable federal and state laws in connection with its construction and installation of the improvements, including the California Environmental Quality Act. The turf and concrete areas are exempt from the provisions of the Field Act under Education Code Section 17368. The District will construct and install all fencing and gates (of a type and location to be approved by the City's Director of Community Services) which may be required by the District for student security purposes during periods of the school's use of the Property. 6. City Maintenance Responsibilities. During the term of this Agreement, the City shall, at its sole expense, perform all maintenance on the Property and the improvements which are to be constructed upon the Property pursuant to the terms of this Agreement (except for the fencing and gates installed by the District), in accordance with reasonable maintenance standards and schedules approved by the City's Director of Community Services and the District's Director of Maintenance and Operations. The fencing and gates installed by the District shall be maintained by the District at its sole expense. 7. Not Used 8. Indemnification a. City agrees to hold harmless, defend, and indemnify District against all actions, claims, or demands for injury, death, loss or damages, -2- regardless of fault or cause, by anyone whomsoever (except where such injury, death, loss, or damage was solely due to the negligent acts or omissions of District, its agents, servants, or employees), whenever such injury, death, loss or damage is a consequence of, or arises out of, or is incidental to, the use or maintenance of the Property by City or any .other persons or parties (other than District) authorized to so use or maintain the Property by City pursuant to this Agmement. b. District agrees to hold harmless, defend, and indemnify City against all actions, claims, or demands for injury, death, loss, or damages, regardless of fault or cause, by anyone whomsoever (except where such injury, death, loss, or damage was solely due to the negligent acts or omissions of City, its agents, servants, or employees), whenever such injury, death, loss, or damage is a consequence of, or arises out of, or incidental to, the use of the Property by District or any other persons or parties (other than City) authorized to so use the Property by District pursuant to this Agreement. 9. Defaults and Remedies a. Subject to the extensions of time as approved in writing by a party, failure or delay by either patty to perform any term or provision of this Agreement constitutes a default under this Agreement. A party claiming a default (claimant) shall give written notice of default to the other party, specifying the default complained of. b. The claimant shall not institute proceedings against the other party nor be entitled to damages if the other party within fourteen (14) days from receipt of such notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy within thirty (30) days from the date of receipt of such notice. Such cure, correction and remedy shall include payment of any costs, expenses (including attorney fees) or damages incurred by the non-defaulting party resulting from the default or during the period of default. c. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such fights or remedies shall not preclude the exercise by it, at the same or different times, of any other fights or remedies for the same default or any other default by the other party. d. Any failure or delays by either 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. -3- e. If a default is not fully cured by the defaulting party as provided in this Paragraph, the defaulting party shall b~ 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. f. If a default under this Agreement is not fully cured by the defaulting party as provided in this Section, the nondefaulting party at its option may thereafter (but not before) commence an action for specific performance of terms of this Agreement. g. In the event 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. 10. Force Ma[eure. Except as otherwise expressly provided in this Agreement, if the performance of any act required by this Agreement to be performed by either District or City is prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this Section shall excuse the prompt payment by a party as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 11. Notices to Parties. Written notices, demands and communications among the District and City, shall be sufficiently given by personal service or dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the District or City as follows: District: Temecula Valley Unified School District 31350 Rancho Vista Road Temecula, California 92592 Attention: Superintendent City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager -4- Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. 12. Agreement Binding on Successors. This Agreement shall be binding on and shall inure to the benefit of the successors and lawful assigns of the parties hereto. 13. Assignment. Neither Party shall assign or transfer this Agreement or any portion thereof without the prior written consent of the other party; provided, however, that City may assign all or part of the benefits and obligations of this Agreement to the Temecula Community Services District withou[ further consent of the District. 14. Sole and Only Agreement. This Agreement constitutes the sole and only agreement between District and City respecting the joint use of the Property for school and park purposes. Any agreements or representations, either oral or written, respecting the matters discussed in this Agreement pertaining to the Property which are not expressly set forth in this Agreement are null and void. 15. of this Agreement. Time of Essence. Time is expressly declared to be of the essence 16. Authority to Execute. EaCh person executing this agreement expressly warrants and represents that he or she has the authority to execute this Agreement on behalf of his or her governmental entity and warrants and represents that he or she has the authority to bind his or her entity to the performance of its obligations hereunder. 17. Insurance. Each party to this Agreement shall carry public liability insurance in a reasonable amount satisfactory to the other party to protect itself and the other party, its officers, agents, servants, and employees, against claims for damage to persons and/or property, including death, arising from that party's use of the Property as provided in this Agreement. The form of the insurance shall be satisfactory to the other party and may include self-insurance at levels reasonably acceptable to the other party. -5- IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. TEMECULA VALLEY UNIFIED SCHOOL DISTRICT President of School Board Attest: ~z' S~ry to the School Board CITY OF TEMECULA Jef~'e~ E: Stone Mayor Attest: Susan Jones, CMC City Clerk Approved As to Form: Peter M. Thorsen // City Attorney -6- TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT DECEMBER 17, 2002 A regular meeting of the City of Temecula Community Services District was called to order at 7:16 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Stone presiding. ROLL CALL PRESENT: 4 DIRECTORS: Comerchero, Naggar, Pratt, Stone ABSENT: 1 DIRECTORS: Roberts Also present were General Manager Nelson, City Attorney Thorson, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No comments. CONSENT CALENDAR CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of December 10, 2002. 2 Financial Statements RECOMMENDATION: 2.1 Receive and file the Financial Statements for the three months ended September 30, 2002. MOTION: Director Comerchero moved to approve Consent Calendar Item Nos. 1 and 2. The motion was seconded by Director Pratt and voice vote reflected approval with the exception of Director Roberts who was absent. DEPARTMENTAL REPORT No additional comments. DIRECTOR OF COMMUNITY SERVICES REPORT No comment. Minutes.csd\121702 I GENERAL MANAGER'S REPORT General Manager Nelson commended the Community Services Department on a job well done. BOARD OF DIRECTORS' REPORTS No additional comments. ADJOURNMENT At 7:16 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, January 14, 2003, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeffrey E. Stone, President A'I-I'EST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minutes.csd\121702 2 ITEM 2 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC~?~_ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Shawn D. Nelson, General Manager Susan W. Jones City Clerk/Director of Support Services January 14,2003 Ratification of Election Results - Tract No. 23209 PREPARED BY: Cheryl Domenoe, Administrative Secretary RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON JANUARY 6, 2003 DECLARING THE RESULTS AND SUCH OTHER MA'FI'ERS AS PROVIDED BY LAW BACKGROUND: At the meeting of November 12, 2002, the Board of Directors adopted Resolution No. CSD 02-10, which called for a Special Election to be held among the property owners of the parcels within Tract No. 23209. The purpose of this election was to establish Service Level B, Service Level C, and Service Level D rates and charges for fiscal year 2003-04. This election was conducted by mail with a final date for acceptance of ballots to be no later than 3:30 p.m. on January 6, 2002. At 4:00 p.m. on that date, the City Clerk acting in her capacity as the City's Election Official and as the Secretary of the Board of Directors of the Temecula Community Services District declared the receipt period for receiving ballots closed. At 4:00 p.m., the Elections Canvassing Board duly appointed and consisting of City Clerk Susan Jones, Deputy City Clerk Michaela Ballreich and Administrative Secretary Cheryl Domenoe, conducted the canvass of the results. The results of the votes cast, returned within the time allowed and publicly counted, are included within the body of the proposed resolution. Staff recommends adoption of the resolution ratifying the results of this election. Agenda Reporls\Election CSD Tract 23209 I FISCAL IMPACT: election results. There is no direct fiscal impact as a consequence of the ratification of the ATTACHMENTS: Resolution No. CSD 03- Official Tally of the Votes Vicinity Map Agenda Reports\Election CSD Tract 23209 2 RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON JANUARY 6, 2003 DECLARING THE RESULTS AND SUCH OTHER MA'I-I'ERS AS PROVIDED BY LAW WHEREAS, a Special Mail-in Ballot Elect[on was held and conducted in the City of Temecula, California, on January 6, 2003, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that the special election was for the purpose of obtaining approval by property owners within Tract No. 23209, for establishment of the annual levy of TCSD Rates and Charges for each affected parcel as follows: Service Level B, $25.68 per residential parcel; Service Level C, $200.00 per residential parcel; and Service Level D, $172.56 per occupied residential parcel was properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California; and WHEREAS, pursuant to Resolution No. CSD 02-10, adopted November 12, 2002, the ballots were returned to the office of the City Clerk/Secretary of the Temecula Community Services District; the results were received, canvassed in public and are herein set forth in Section 2. NOW THEREFORE, THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the whole number of ballots cast in the homeowners election was one (1) and the whote number of provisional ballots cast in the election was none (0). Section 2. That the whole number of ballots cast for establishment of the annual levy for Service Level B rates and charges at $25.68 per residential parcel; Service Level C rates and charges, $200.00 per residential parcel; and Service Level D rates and charges, $172.56 per occupied residential parcel identified on the ballot were as follows: No Incomplete 0 0 Section 3. The Board of Directors of the Temecula Community Services District does declare and determine that as a result of the election, a majority of the voters voting on the measure relating to the establishment of Service Level B, Service Level C and Service Level D Rates and Charges for Fiscal Year 2003-04 pursuant to Article XIIID, Section 6 of the California Constitution, did vote in favor of the measure and that the measure was carried, and shall be deemed adopted and ratified. R:Resos.CSD'~esos 2003~3- 1 Section 4. The City Clerk/Secretary of the Temecula Community Services District (TCSD) shall enter in the minutes of the TCSD Board of Directors, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) The votes in favor, (3) The votes in opposition and (4) Those received incomplete. Section 5. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 14th day of January, 2003. ATTEST: Jeff Comerchero, President Susan W. Jones, CMC City Clerk/Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk/District Secretary of the Temecula Community Services District, HEREBY DO CERTIFY that the foregoing Resolution No. CSD 03-__ was duly adopted at a regular meeting of the Temecula Community Services District on the 14th day of January, 2003, by the following roll call vote. AYES: NOES: ABSENT: DISTRICT MEMBERS: DISTRICT MEMBERS: DISTRICT MEMBERS: Susan W. Jones, CMC City Clerk/District Secretary R:Resos.CSD'~Resos 2003\03- 2 OFFICIAL TALLY OF THE VOTES FOR TCSD LEVY/SPECIAL TAX TRACT NO. 23209 BEGINNING FISCAL YEAR 2003/04 TEMECULA COMMUNITY SERVICES DISTRICT SERVICE LEVEL B, PROPOSED RESIDENTIAL STREET LIGHTING RATES AND CHARGES Yes No TOTAL TOTAL ELECTION BOARD Michaela A. Ballreichy~eputy City Clerk Election Officer · Cheryl Dothen~e, Administrative Secretary Election Officer R:~ELECTION~ELECTION - GENERAL\CANVASS.DOC VICINITY MAP Tract No. 23209 Not to Scale PROJECT· SITE AHERN HEI' ITEM 3 APPROVAL~ CITY ATTORNEY TO: FROM: DATE: SUBJECT: TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community ServicesJ~-~ Janua~ 14,2003 Loma Linda - Tract Map Nos. 19872-1, -2, -3, -4, -5 and Final - Service Level C Rates and Charges PREPARED BY: Barbara Smith, Management Analyst ~-~- RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL C RATES AND CHARGES FOR THE LOMALINDA TRACT BEGINNING FISCAL YEAR 2003-2004 AND SE'I'rING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH BACKGROUND: The Temecula Community Services District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting, perimeter and slope landscaping maintenance and trash/recycling collection services to numerous residential subdivisions within the City of Temecula through Service Level "B", Service Level "C" and Service Level "D'. The boundaries of the TCSD are coterminous with the City, and the City Council also serves as the Board of Directom of the TCSD. Tract Map Nos. 19872-1, -2, -3, -4, -5 and Final are a current residential development with 420 residential lots. The development is located on the south side of Pechanga Parkway between Loma Linda Road and Via Gilberto in the southern section of the City. This development does not have a Homeowners Association to oversee perimeter landscaping along Pechanga Parkway (formally Pala Parkway) and on the west side of Via Gilberto. As a result the landscaping standards are varied along these slope areas. Due to the construction of a sound wall along Pechanga Parkway and the request of residents to provide more consistent landscaping along the parkways the City has responded by initiating the steps to bring the parkways into the TCSD Landscape Maintenance District. These parcels are currently in Service Level B (Residential Streetlights) and Service Level D (Trash/Recycling Collection Services). This action in the first step in enrolling this residential development into Service Level C (Perimeter Landscaping). R:~smithbkElectionskPeclmaga Parkway~Staff-Notice of Heas~g 14)2.doc 0110312003 The installation of the new landscaping and sound wall along Pechanga Parkway is scheduled to be completed in January 2004. The annual cost to maintain this landscaping is estimated at $20.00 per pamel per year. As a result of this schedule the TCSD proposes to assess property owners within Tract Map Nos. 19872-1, -2, -3, -4, -5 and Final for one half of their annual landscape maintenance cost for the six (6) months of maintenance services in Fiscal Year 2003-2004. The full landscape maintenance costs of $20.00 will be assessed beginning Fiscal Year 2004-2005. Fiscal Year 2003-2004 Service Level C $10.00 per residential parcel Fiscal Year 2004-2005 Service Level C $ 20.00 per residential parcel Pursuant to the provisions of Proposition 218, the TCSD is required to hold a public hearing and obtain property owner approval in order to establish certain new rates and charges. In addition, a report must be prepared and filed with the Secretary/City Clerk which identifies all of the affected parcels and the amount of the proposed rates and charges. A notice is mailed to all owners of assessable parcels identifying the proposed rates and charges and date of the Public Headng. The Public Hearing is held at least 45 days after the mailing of the notices. If the proposed rates and charges are not rejected pursuant to a written protest, then the TCSD will conduct a mailed ballot proceeding not less than 45 days after the public hearing. The proposed rates and charges for Service Level C cannot be imposed unless the new charges are approved by a simple majority of the returned ballots. Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed perimeter landscaping and slope maintenance services rates and charges for Tract Map Nos. 19872-1, -2, -3, -4, -5 and Final beginning in Fiscal Year 2003-2004 and schedule a public headng concerning this issue for March 11,2003. Staff will then proceed with noticing the owners of the assessable parcels within Tract Map Nos. 19872-1, -2, -3, -4, -5 and Final regarding the proposed rates and charges and the public hearing date. If there is no majority protest against the rates and charges on March 11, 2003 staff will then proceed with the mailed ballot process for Service Level C. FISCAL IMPACT: If voter approved the proposed rates and charges of $20.00 per parcel will generate an annual levy of $8,400.00 for the Service Level C. Actual costs for providing long- term perimeter landscaping and slope maintenance services within Tract Map Nos. 19872-1, -2, -3, - 4, -5 and Final will be absorbed into Service Level C upon installation of said improvements. The mailing costs associated with the public notices and ballots, approximately $650.00, and staff time to complete the election will be absorbed through the TCSD budget. ATFACHMENTS: 2. 3. 4. Lorea Linda Tract TCSD Landscape Maintenance Area Resolution of Intention Notice of Public Hearing R:~mithbkElections~Pechanga Parkway~Staff-Noficc of Hearing 1-02.doc 01103/2003 Loma Linda Tract Tract 19872 100 0 100 200 Feet RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL C RATES AND CHARGES FOR THE LOMALINDA TRACT BEGINNING FISCAL YEAR 2003-2004 AND SE'I'TING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1,1989, votem approved the formation of the Temecula Community Services District ("TCSD"), to provide specified services to properties within its jurisdiction. Section 2. The TCSD provides long-term perimeter landscaping and slope landscape maintenance services in numerous residential developments within the City of Temecula. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges perimeter landscaping and slope maintenance (Service Level C) services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. Section 3. The TCSD hereby initiates proceedings to provide perimeter landscaping and slope maintenance services to the lots and pamels shown on Tract Maps Nos. 19872-1. -2.-3, -4, - 5, and -Final (collectively, the "Loma Linda Tract") beginning Fiscal Year 2003-2004. A map showing the boundaries of the Loma Linda Tract is attached hereto as Exhibit A and incorporated herein by reference. Pursuant to Government Code Section 61621.2, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which Report contains a description of the real property and the proposed amount of the Service Level C rates and charges required for perimeter landscaping and slope maintenance services to be provided to each lot and parcel within the Loma Linda Tract beginning fiscal year 2003-2004. The TCSD proposes to collect the 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 shall 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, shall be applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. However, if for the first year the charges are 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 encumbrance 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 shall not result in a lien against the property, but instead shall be transferred to the unsecured roll for collection. Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the day of March 11,2003 at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California, 92590, as the time and place for the public hearing on the Report and the proposed Service Level C rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or pretests, if any, to the Report or to the proposed rates and charges. The Board may continue the hearing from time to time. Section 5. The Secretary of the TCSD is hereby directed to give notice of the filing of the Report and of the time and place of hearing on the Report pursuant to the requirements of Government Code Section 61765.2 and Section 6 of Article XIIID of the California Constitution. Section 6. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this January 14, 2003. Jeff Comerchero, President ATTEST: Susan W. Jones, CMC/AAE City Clerk/District Secretary [SEAL] STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk/District Secretary for the Temecula Community Services District, do hereby certify that Resolution No. CSD 03- was duly and regularly adopted by the board of Directors of the Temecula Community Services District at a regular meeting thereof held on January 14, 2003. AYES: BOARD MEMBERS NOES: BOARD MEMBERS ABSENT: BOARD MEMBERS Exhibit A CITY OF TEMECULA LOMALINDA TRACT TRACT MAP NO. 19872-1, -2, -3, -4, -5 and -FINAL Loma Linda Tract Exhibit B INITIAL LEVY REPORT Service Level C Temecula Community Services District (TCSD) Commencing Fiscal Year 2003-2004 INTENT MEETING: PUBLIC HEARING: January 14, 2003 March 11, 2003 INTRODUCTION: A. The TCSD Since December 1, 1989, the Temecula Community Services District ('°TCSD") has provided residential street lighting, perimeters landscaping and slope maintenance, trash and recycling collection and other services to properties within its jurisdiction. The boundary of the TCSD is coterminous with the boundary of the City of Temecula ("City"). To fund its services and maintain improvements within its boundaries, the TCSD collects rates and charges ("Charges"). The TCSD was formed, and Charges are set and established, pursuant to the Community Services District Law, Title 6, Division 3 of the California Government Code. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for residential street lighting (Service Level B), perimeter landscaping and slope maintenance (Service Level C), trash/recycling collection (Service Level D), and road improvement and maintenance (Service Level R) services furnished by the TCSD, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. As required by these sections of the Government Code, the TCSD Board approves an Annual Levy Report each year describing the proposed rates and charges for that year. B. This Report This Initial Levy Report ("Report") is prepared and presented to the Board pursuant to Section 61621.2 of the Government Code to prescribe Rates and Charges for Service Level C beginning in FY 2003-2004 for the lots and parcels within the territory known as the Loma Linda Tract. This territory includes all lots and parcels shown on Tract Map Nos. 19872-1, -2, -3, -4, -5 and Final. The Loma Linda Tract includes 443 parcels, 420 of which are residential parcels. This development is located on the south side of Pechanga Parkway between Loma Linda Road and Via Gilberto. PLANS AND SPECIFICATIONS A. Period Covered By Report This Report describes rates and charges to be imposed for Fiscal Year 2003-2004. B. Parcels Affected By This Report C. The rates and charges set forth in this Report shall affect all parcels in the Loma Linda Tract. Such parcels include all parcels shown on the following tract maps: Tract Map No. 19872-1, Recorded in the Office of the Recorder of Riverside County as Document No. 261746 in Book 154 of Maps at Pages 7-12. Tract Map No. 19872-2 Recorded in the Office of the Recorder of Riverside County as Document No. 261747 in Book 154 of Maps at Pages 13-18. Tract Map No, 19872-3 Recorded in the Office of the Recorder of Riverside County as Document No. 273510 in Book 173 of Maps at Pages 80-83. Tract Map No. 19872-4 Recorded in the Office of the Recorder of Riverside County as Document No. 273511 in Book 173 of Maps at Pages 84-88. Tract Map No. 19872-5 Recorded in the Office of the Recorder of Riverside County as Document No. 105652 in Book 215 of Maps at Pages 19-22. Tract Map No. 19872- Recorded in the Office of the Recorder of Riverside County as Document No. 105654 in Book 215 of Maps at Pages 23-27. Description of Service Levels Service Level C, perimeter landscaping and slope maintenance services will be provided to lots and parcels in the Loma Linda Tract in addition to the Service Level B, residential street lighting and Service Level D, trash/recycling collection services already provided to these parcels by the TCSD. This report does not detail, and does not affect, existing Service Level B and D services and rates and charges. Service Level C, Perimeter Landscaping and Slope Maintenance - includes all developed single family residential parcels and residential vacant parcels for which the TCSD provides on-going servicing, operation, and maintenance of perimeter landscaped areas and slopes within the public fight-of-ways and dedicated easements adjacent to and associated with each development. The landscaped areas associated with this particular development include, but are not limited to, perimeter slope and landscaping, as follows: Within Tract Map Nos. 19872-2, -4 and Final the area within the right-of-way on the north side of Via Gilberto from Pechanga Parkway to the end of the street adjacent to Lot 32 within Tract 19872-Final. The District will also maintain the parkway along the south side of Pechanga Parkway from Loma Linda Road to Via Gilberto. This is within Tract Map Nos. 19872-1 and -2 and is currently private property. This area will requke the acquisition by the TCSD of dedicated landscape easements from the property owners as indicated below: Tract 19872-1 Lots 1, 5-7, 28-35 (12 lots) Tract 19872-2 Lots 8, 9, 27, 28, 38 -50 (17 lots) The cost of providing these services for these areas of slopes and landscaping is estimated to be $8,400.00 per year. METHOD OF APPORTIONMENT The cost to provide services within the Loma Linda Tract wilt be fairly distributed among each assessable property by the same methods and formulas applied to all parcels within the various Service Levels of the TCSD. Thc following is the formula used to calculate each property's TCSD charges and is applied to Service Level C (Perimeter Landscaping and Slope Maintenance). Total Balance to Levy/Total Parcels (in Service Level) = Parcel Charge The following table reflects the levy calculation for each Service Level. TABLE I Proposed Service Level Charges For Loma Linda Tract Estimated Budget and Charges SERVICE LEVEL Total Levy Planned Charge Per Budget Levy Units Levy Unit Service Level C: Local Landscaping and Slopes $8,400.00 420 $20.00* Rate Level ~ (C-9) The following shows the methodology used to compute the levy for each parcel affected by this Report. A charge is imposed on all residential parcels, whether developed or undeveloped. Parks, open space areas, easements and non-buildable parcels are not charged. TABL~ 1I Parcel Charge Calculation for Service Level C Parcel Property Type Charge Multiplier Single family residential $20.00* Per Parcel Single family vacant $20.00* Per Parcel * Note: For Fiscal Year 2003-2004 only, services will be provided for only six months. Therefore, the Fiscal Year 2003-2004 levy will be at half of the rate shown. APPENDIX A - PARCEL LISTING (FY 2003-2004) The actual parcels subject to rates and charges for Service Level C beginning Fiscal Year 2003-2004 shall be those parcels within the Loma Linda Tract identified on the Riverside County Secured Roll at the time all TCSD rates and charges are submitted to the County Auditor/Controller for inclusion on the tax roll for that fiscal year. The rates and method of apportionment outlined in this Report are consistent with the rotes and methods previously approved by the TCSD Board of Directors for each applicable Service Level contained herein. However, all rates and methods described in this Report are subject to revision and modification within the prescribed parameters of the law. The actual rates and charges applied on the tax roll each fiscal year shall be apportioned and submitted according to the rates and method described in the final TCSD Annual Levy Report presented and approved by the Board of Directors at an annual Public Hearing. The following pages encompass a complete listing of all parcels within the Loma Linda Tract subject to the TCSD Service Level C rates and charges beginning Fiscal Year 2003- 2004. This listing shows the rate and charge that will be charged to each parcel based on development with a single-family residential unit. The rates and charges applied to each newly subdivided residential parcel will reflect the services provided and the development of each respective parcel at the time the rates and charges are applied. Parcel Listing Tracts 19872-1, -2, -3, -4, -5 and Final Fiscal Year 2003-2004 Sewice Fiscal Yr Lot Number Level C 2003-2004 3 20.00 10.00 4 20.00 10.00 5 20.00 10.00 6 20.00 10.00 7 20.00 10.00 8 20.00 10.00 9 20.00 10.00 10 20.00 10.00 11 20.00 10.00 12 20.00 10.00 13 20.00 10.00 14 20.00 10.00 15 20.00 10.00 16 20.00 10.00 17 20.00 10.00 18 20.00 10,00 19 20.00 10.00 20 20.00 10.00 21 20.00 10.00 22 20.00 10.00 23 20.00 10.00 24 20.00 10.00 25 20.00 10.00 26 20.00 10.00 27 20.00 10.00 28 20.00 10.00 29 20.00 10.00 30 20.00 10.00 31 20.00 10.00 32 20.00 10.00 33 20.00 10.00 34 20.00 10.00 35 20.00 10.00 36 20.00 10.00 37 20.00 10.00 38 20.00 10.00 39 20.00 10.00 40 20.00 10.00 41 20.00 10.00 42 20.00 10.00 43 20.00 10.00 44 20.00 10.00 45 20.00 10.00 01/03/2003 Parcel Listing Tracts 19872-1, -2, -3, -4, -5 and Final Fiscal Year 2003-2004 46 20.00 10,00 47 20,00 10.00 48 20.00 10.00 49 20.00 10.00 50 20.0~ 10.0~ 51 20.0~ 10.0~ 52 20.0~ 10.0~ 53 20.0~ 10.00 54 20.0~ 10.00 55 20.0(; 10.0~ 56 20,0C 10.0~ 57 20.0C 10.0C 58 20.0(; 10.0(; 59 20.0(; 10.OC 60 20.0C 10.0C 61 20.0( 10.0( 62 20.0( 10.0( 63 20.0( 10.0( 64 20.0( 10.0( 65 20.0( 10.0( 66 20.0( 10.0( 67 20.00 10.0( 68 20.00 1 69 20.00 10.00 70 20.00 10.00 71 20.00 10,00 72 20.00 10.00 73 20.00 10.00 74 20.00 10.00 75 20,00 10.00 76 20.00 10.(30 77 20.00 10.00 78 20.00 10.00 79 20,00 10.00 80 20.00 10.00 81 20.00 10.00 82 20.00 10.00 83 20.00 10.00 84 20.00 10.00 85 20.00 10.00 86 20.00 10,00 87 20.00 10.00 88 20.00 10.00 89 20.00 10,00 90 20.00 10.00 91 20.00 10.00 92 20,00 10,00 93 20.00 10.00 94 20.00 10.00 95 20.00 10.00 96 20.00 10.00 97 20.00 10.00 98 20.00 10.00 99 20,00 10.00 100 20,0~ 10.00 101 20.00 10.00 102 20.0(~ 10.0~ 103 20.00 10.00 2 01/03/2003 Parcel Listing Tracts 19872-1, -2, -3, -4, -5 and Final Fiscal Year 2003-2004 I 20.0C 10.0( 2 20.0C 10.0( 3 20.0C 10.0C 4 20.0C 10.0C 5 20.0C 10.0C 6 20,0C 10.0C 7 20.0C 10.OC 8 20.0C 10.0C 9 20.0C 10.0C 10 20.0C 10.OC 11 20.0C 10.0( 12 20.0C 10.0C 13 20.0( 10.OC 14 20.0C 10.0( 15 20.0C 10.OC 16 20.0C 10.00 17 20.0C 10.00 18 20.0C 10.00 19 20.0C 10.00 20 20.0C 10.00 21 20.0( 10.00 22 20.0C 10.00 23 20.0C 10.00 24 20.0C 10.00 25 20.0( 10.00 26 20.0( 10.00 27 20.00! 10.00 28 20,00 10.00 29 20.00 10.00 30 20.00 10.00 31 20,00 10.00 32 20.00 10.00 33 20.0C 10.00 34 20.00 10.00 35 20,00i 10.00 36 20.00 10.00 37 20.00 10.00 38 20.00 10.00 39 20.00 10.00 40 20.00 10.00 41 20.00 10.00 42 20,00 10.00 43 20.00 10,00 44 20.00 10.00 45 20.00 10.00 46 20,00 10.00 47 20.00 10.00 48 20.00 10.00 49 20.00 10.00 3 01/03/2003 Parcel Listing Tracts 19872-1, -2, -3, -4, -5 and Final Fiscal Year 2003-2004 50 20.0C 10.0( 51 20.0C 10.00 52 20.0( 10.00 53 20.0( 10,00 54 20.0C 10.00 55 20.0( 10.00 56 20.0( 10.00 57 20.0( 10.00 58 20.00~ 10.00 59 20.00 10.00 60 20.00 10.00 61 20.00 10.00 62 20.00 10.00 63 20.00 10.00 64 20.00 10.00 65 20.00 10.00 66 20.00 10.00 67 20.00 10.00 68 20.00 10.00 69 20.00 10.00 70 20.00 10.00 71 20.00 10.00 72 20.00 10.00 73 20.00 10.00 74 20.00 10.00 75 20.00 10.00 76 20.00 10.00 77 20.00 10.00 78 20.00 10.00 79 20.00 10.00 80 20.00 10.00 81 20.00 10.00 82 20.00 10.00 83 20.00 10.00 84 20.00 10.00 85 20.00 10.00 86 20.00 10.00 4 01/03/2003 Parcel Listing Tracts 19872-1, -2, -3, -4, -5 and Final Fiscal Year 2003-2004 1 20.0(3 10.0C 2 20.0(3 10.0~ 3 20.00 10,0C 4 20.00 10.0(~ 5 20.00 10.0C 6 20.00 10.0{~ 7 20.00 10.0(~ 8 20.00 10.0(~ 9 20.00 10.0(~ 10 20.00 10.0(3 15 20,00 10.0(~ 16 20.00 10.0~ 17 20.00 10.0~ 18 20.00 10.0~ 19 20.00 10.0~ 20 20.00 10.0~ 21 20.00 10.0~ 22 20.00 10,0~ 23 20.00 10.0(3 24 20.00 10.00 25 20.00 10.0~ 26 20.00 10.0(3 27 20.00 10.00 28 20.00 10.00 29 20.00 10.0(3 30 20.00 10.00 31 20.00 10.00 32 20.00 10.0(3 33 20.00 10.00 34 20.00 10.00 35 20.00 10.00 36 20.00 10.00 37 20.00 10.0(3 38 20.00 10.00 39 20.00 10.00 40 20,00 10.00 41 20.00 10.00 42 20.00 10,00 43 20.00 10.00 44 20.00 10.00 48 20.00 10.00 49 20.00 10.00 50 20.00 10.00 51 20.00 10.00 52 20,00 10.00 53 20,00 10.00 54 20.00 10.00 55 20.00 10.00 56 20.00 10.00 57 20.00 10.00 58 20.00 10.00 59 20.00 10.00 60 20.00 10.00 5 01/03/2003 Parcel Listing Tracts 19872-1, -2, -3, -4, -5 and Final Fiscal Year 2003-2004 1 20.0( 10.00 2 20,0( 10.0( 3 20.0( 10.O0 4 20,0( 10.00 5 20.0( 10.00 6 20,0( 10.00 7 20,0( 10.00 8 20.0( 10.00 9 20,0( 10.00 10 20.0( 10.0( 11 20.0( 10.00! 12 20.0C 10.00! 13 20.0( 10,0( 14 20.0( 10,0( 15 20.0( 10.0( 16 20.0( 10.0( 17 20.0( 10.0C 18 20.0( 10.0C 26 20.0( 10.0( 27 20.0( 10.0C 28 20.0C 10.0C 29 20.0C 10.0C 30 20.0C 10.0C 31 20.0( 10.0( 32 20.0C 10.0( 33 20.0( 10.0( 34 20.0( 10.0( 35 20.0( 10.0C 36 20.0( 10.0~ 37 20,0( 10.0C 38 20,0( 10.0( 39 20,0(; 10.0( 40 20.0 10.OC 41 20.0C 10.0C 6 01/03/2003 Parcel Listing Tracts 19872-1, -2, -3, -4, -5 and Final Fiscal Year 2003-2004 43 20.0(; 10.0( 44 20.0~ 10.0( 45 20.0~ 10.0( 46 20.0C 10.0( 47 20.0C 10.0( 52 20.(~ 10.0( 53 20.0~ 10.0( 54 20.0C 10.0( 55 20.0C 10.0( 56 20.0C 10.0( 57 20.0( 10,0( 58 20.0( 10,0( 59 20.0( 10.0( 60 20.0( 10.0( 61 20.0( 10.0( 64 20.0(; 10.0( 65 20.0( 10.0( 66 20.0( 10.0( 67 20.0( 10,0( 68 20,0( 10,00 69 20,0( 10.00 70 20.0( 10.00 71 20.0( 10,00 72 20.0( 10.00 73 20.0( 10.00 74 20.0( 10.00 75 20.0( 10.00 76 20.0( 10.00 77 20.0( 10.00 78 20.0( 10.00 7 01/03/2003 Parcel Listing Tracts 19872-1, -2, -3, -4, -5 and Final Fiscal Year 2003-2004 2 20.0C 10.00~ 3 20.0C 10.00 4 20.0C 10.00 5 20.0C 10.00 6 20.0C 10.00 7 20.0C 10.00 8 20.0C 10.00 9 20.0( 10.00 10 20.0C 10.00 11 20.0( 10.00 12 20.0 10.00 13 20,0( 10.00 14 20.0( 10.00 15 20,0( 10.00 16 20.0C 10.00 17 20.00 10.00 18 20.00 10.00 19 20.00 10.00 20 20.00 10.00 21 20.00 10.00 22 20.00 10.00 23 20.00 10.00 24 20,00 10,00 25 20.00 10,00 26 20.00 10.00 27 20.00 10.00 28 20.00 10.00 29 20.00 10.00 30 20.00 10.00 31 20.00 10.00 32 20.00 10.00 33 20.00 10.00 34 20.00 10.00 35 20.00 10.00 36 20.00 10.00 37 20.00 10.00 38 20,00 10.00 39 20.00 10.00 40 20.00 10.00 41 20.00 10.00 42 20.00 10.00 43 20.00 10.00 44 20.00 10.00 45 20.00 10.00 46 20.00 10.00 47 20.00 10.00 48 20.00 10.00 49 20.00 10.00 50 20.00 10.00 51 20.00 10.0~ 52 20,00 10,0~ 53 20,00 I0,0(~ 54 20.00 10,0(~ 55 20.00 10,0(~ 56 20.00 10.00 57 20,00 10,OC 58 20.00 10,0C 59 20.0(~ 10.0C 60 20.00 10.0C 8 01/03/2003 Parcel Listing Tracts 19872-1, -2, -3, -4, -5 and Final Fiscal Year 2003-2004 I 20.00 10.00 2 20.00 10.0(~ 3 20.00 10.00 4 20.00 10.0~ 5 20.00 10.OC 6 20.00 10.OC 7 20.00 10.0~ 8 20.00 10.00 9 20.00 10.0~ I0 20.00 10.0(~ 11 20.00 10.0(~ 12 20.00 10.0(~ 13 20.00 10.0(~ 14 20.00 10.0(~ 15 20,00 10.0(~ 16 20.00 10.0(~ 17 20.00 10.0(~ 18 20.00 10.0~ 19 20.00 10.0(~ 20 20.00 10.0(~ 21 20,00 10,0~ 22 20,00 10.0(~ 23 20.00 10.0(~ 24 20.00 10,0(~ 25 20.00 10.0(~ 26 20,00 10,0(~ 27 20.00 10,0(~ 28 20,00 10.0(~ 29 20,00 10.0(~ 30 20.00 10.0~ 31 20.00 10.0~ 32 20.00 10.0(~ 33 20.00 10.0(~ 34 20.00 10.OC 35 20.00 1 36 20.00 10.0¢ 37 20.00 10.0~ 38 20.00 10.OC 39 20.00 10.OC 40 20.00 10.0(~ 41 20,00 10.0(~ 42 20.0(3 10.0(~ 43 20.00 10.0~ 44 20.0(3 10.0(~ 45 20.00 10.0(~ 46 20.00 10.0(~ 47 20.00 10.0(~ 48 20.00 10.0(~ 49 20.00 10.0(~ 50 20.00 10.0(~ 51 20.0(3 10.0(~ 52 20.00 10,0(~ 53 20.00 10.OC 54 20.1~ 10.0C 55 20.0~ 10.0~ 9 01/03/2003 NOTICE OF PUBLIC HEARING TEMECULA COMMUNITY SERVICES DISTRICT PROPOSED ESTABLISHMENT OF SERVICE LEVEL C RATES AND CHARGES AGAINST RESIDENTIAL LOTS AND PARCELS FOR PERIMITER LANDSCAPING AND SLOPE MAINTENANCE LOMALINDA TRACT The Temecula Community Services District (TCSD) has initiated proceedings to establish rates and charges for perimeter landscaping and slope maintenance services (Service Level C) proposed to be provided to residential parcels in the area commonly known as the Loma Linda Tract. If these rates and charges are adopted, each residential parcel in the located in the area shown on the reverse side of this notice will be subject to annual rates and charges in an amount not to exceed $20.00 per year. These rates and changes will be collected annually along with property taxes and are in addition to any rates and charges currently levied by the TCSD. The purpose of the rates and charges will be to finance the operation, maintenance, utility costs, improvements, and administration of perimeter landscaping and slope maintenance areas to be acquired by the TCSD along Pechanga Parkway and Via Gilberto. The annual charge will be calculated by dividing the total estimated cost of these services by the number of residential lots and parcels subject to the rate and charge. Because services will not be previded until the second half of fiscal year 2003-2004, it is proposed that, in that initial year, the rates and charges not exceed $10.00 per year per parcel. In accordance with Section 61621.2 of the California Government Code, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which contains a description of the parcels that will be subject to the rate and charge and the proposed amounts of the annual rates and charges for such parcels. For more information about the proposed rates and charges, and about the proposed services to be provided, reference is made to the report, which may be viewed during the business day at the Office of the City Clerk, City Hall, 43200 Business Park Drive, Temecula, California, 92590. The TCSD Board of Directors will conduct a public hearing at the following date, time and location on the Report and the proposed imposition of rates and charges: Date: Time: Location: March 11, 2003 7:00 p.m. City Council Chambers City Hall 43200 Business Park Drive Temecula, California 92590 At the public hearing, the City Council and TCSD Board of Directors will hear and consider all objections or protests, if any, to the Report and to the proposed rates and charges. Any property owner may file with the City Clerk a written protest against the rates and charges at any time prior to the conclusion of the public hearing. If you have any questions about this notice or the proposed rates and charges, please do not hesitate to contact the TCSD at (909) 694-6480. R:\smitkb\Elections\Pechanga Parkway\Notice of Public Hearing 2.DOC Loma Linda Tract ITEM 4 APPROVAL CITY A'I-I'ORN EY DIRECTOR OF FIN,~C:~E CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Services~ January 14, 2003 Wolf Creek Sports Complex Master Plan PREPARED BY: Cathy McCarthy, Development Services Administratorc/-,''~ RECOMMENDATION: That the Board of Directors: 1. Approve in its substantial form the conceptual master plan for the 43 acre Sports Complex in the Wolf Creek Development. 2. Award a contract of $621,500 to RJM Design Group for the preparation of construction documents plus a 10% contingency of $62,150 for the project. 3. Authorize release of a formal public bid for the Sports Complex project. BACKGROUND: On May 23, 2000 the Board of Directors awarded a contract to RJM Design Group to develop a conceptual master plan for the Northwest Sports Complex. At this time the City owned property on Diaz Road and Dendy Parkway, which was the location for the proposed park site. Through negotiations with the developer of the Wolf Creek project, this park site eventually moved to the Wolf Creek Development and expanded from 32 acres to 40 acres. After further negotiations with the developer in 2001, an additional 3 acres was added for a total of 43 acres. The current location for the facility is at the corner of Pechanga Parkway and Deer Hollow Road. RJM Design Group led a design committee through a series of workshops, tours and community input process to develop a concept for the sports park master plan. The committee consisted of Council Members Jeff Stone and Jeff Comerchero, Community Services Commissioners Tom Edwards and Janet York, Presidents of Little League, Pony Colt, Pop Warner Football, Youth Soccer and staff. In addition, a community workshop was held on April 7, 2001 and the entire community was invited to provide input and suggestions regarding the amenities to be included in this facility. At the conclusion of this design process, the design committee is recommending that the facility include 4 lighted ball fields; 4 lighted soccer fields; 4 lighted basketball courts; concession stand; restrooms; maintenance building; tot lot/playground; approximately 460 parking spaces; picnic areas; barbecues; benches; drinking fountains and walkways. Staff has also explored the possibility of installing synthetic tud on the four soccer fields. This concept was met with great support from our local soccer officials. It would be our intent to install a high quality synthetic turf on these fields, which would provide a soccer complex like no other in the State of California. This project was included in the environmental impact analysis contained in the Wolf Creek Environmental Impact Report and is consistent with the conceptual plan contained in the Wolf Creek Specific Plan. Pursuant to Section 15162(a) of the CEQA Guidelines, once the impacts of a project have been evaluated in a certified environmental impact report, no additional analysis is necessary unless the project has substantially changed or impacts not previously known are identified. Staff has worked closely with the Temecula Valley Unified School District to ensure that the facility interfaces well with the adjacent proposed high school, which is located on the south side of Deer Hollow Road. We have also discussed with the school district a joint use agreement for parking and athletic facilities. In conclusion, staff, the design committee and the consultant feel we have designed an outstanding sports complex that would serve the residents of Temecula for many years. FISCAL IMPACT: This project is approved in the current Capital Improvement Program with funding totally $13,963,370. The contract for design development, which is attached, is $621,500 plus a 10% contingency. The amount allocated for construction is $11,960,000, which includes $2,500,000 for the synthetic turf soccer fields. A'I-rACHMENTS: 1. Sports Park Master Plan 2. Sports Park Perspective Illustration 3. Consultant Services Agreement and Scope of Work RESIDENTIAl. ILLUSTRATIVE PLAN SPORTS P~ ~STER PLAN CITY OF TE~CULA ~RJM DESIGN GROUPj INC AGREEMENT FOR CONSULTANT SERVICES SPORTS COMPLEX PROJECT THIS AGREEMENT is made and effective as of January 14, 2003, between the City of Temecula Community Services Department ("TCSD") and RJM Desi,qn Group, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the padies agree as follows: 1. TERM. This Agreement shall commence on January 14~ 2003, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2005, unless sooner terminated pursuant to the previsions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit B. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor 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. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the TCSD, 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. 5. PAYMENT. a. The TCSD agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Six Hundred Twenty-One Thousand Five Hundred Dollars and No/100 (~;621,500) plus Sixty-Two Thousand One Hundred Fifty Dollars and No Cents (~62,150) as a 10% contingency for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time TCSD's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement or $25,000.00, but in no event shall the total sum of the agreement (basic agreement amount and contingency amount) exceed twenty -five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the TCSD disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The TCSD may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the TCSD suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the TCSD shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the TCSD. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the TCSD pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, TCSD shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the TCSD shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by TCSD that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of Uod~ted 212101 services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of TCSD or its designees at reasonable times to such books and records, shall give TCSD the right to examine and audit said books and records, sha~l permit TCSD to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, sha~l be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the TCSD and may be used, reused or otherwise disposed of by the TCSD without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the TCSD, upon reasonable written request by the TCSD, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the TCSD, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the TCSD, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the TCSD. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. Uodeted 212101 (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage:) One million dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the TCSD, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The TCSD, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the TCSD, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the TCSD, its officers, officials, employees and volunteers. Any insurance or self- insured maintained by the TCSD, its officers, officials, employees or volunteers shatl be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the TCSD, its officers, officials, employees or volunteers. lJodaled 2/2/01 (4) (5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the TCSD. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the TCSD. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraqe. Consultant shall furnish the TCSD with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the TCSD. All endorsements are to be received and approved by the TCSD before work commences. As an alternative to the TCSD's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 41. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the TCSD a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither TCSD nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the TCSD. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against TCSD, or bind TCSD in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, TCSD shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for TCSD. TCSD shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The TCSD, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 53. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without TCSD's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide Undated 2/2/01 declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the TCSD. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives TCSD notice of such court order or subpoena. b. Consultant shall promptly notify TCSD should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena1 notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the TCSD. TCSD retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with TCSD and to provide TCSD with the opportunity to review any response to discovery requests provided by Consultant. However, TCSD's right to review any such response does not imply or mean the right by TCSD to control, direct, or rewrite said response. 64. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To TCSD: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: RJM Design Group, Inc. 31591 Camino Capistrano San Juan Capistrano, CA 92675 75. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior wdtten consent of the TCSD. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 87. GOVERNING LAW. The TCSD and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party Uodaled 2/2/01 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. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the TCSD that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the TCSD in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entedng into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA TCSD Jeff Comerchero, President Attest: Susan W. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT RJM Design Group, Inc. Robert J. Mueting President Larry P. Ryan Secretary Updated 2/2/01 EXHIBIT A TASKS TO BE PERFORMED Updated 2/2/01 ~xulBIT A RJM DESIGN GROUP, INC. PLANNING AND LANDSCAPE ARCHITECTURE I of 8 January 6, 2003 Mr. Herman Parker, Director of Community Se~wice CiTY OF TEMECULA 43200 Business Park Drive Temecula, CA 92589-9033 Re: City of Temecula - Sports Complex Design Development & Construction Documents PROPOSAL FOR PROFESSIONAL DESIGN SERVICES Dear Herman: We have prepared a scope of work and fee proposal for the City of Temecula - Sports Complex, approximately 43-acres on Pechanga Parkway, to include Design Development and Construction Documents. As you review the enclosed, please do not hesitate to call should additional intbrmation or clarification be required. it is our understanding that the proposed Sports Complex Master Plan will have the following goals, progran-t and uirection: This project will be constructed on the existing 43-acre vacant parcel on Pechanga Parkway in the City of Temecula. This proposal includes providing preliminary design, preparation of Design Development Plans, and preparation of Construction Documents based upon approved Master Plan dated September 19, 2002. The specific program elements for the base bid will include: E. F. G. H. I. J. (1) Championship Ballfield (3) Ballfields (4) Soccer Fields to include rough grading only (construction document for artificial turf to be a separate design / build process to be completed by others) Sport Field Lighting (Ballfields and Soccer) Restroom / Concession Building Mainteoance Office and Yard Playground at the Soccer Fields Picnic Areas Parking Lots Walkways 31591 CAMINO CAPISTRANO · SAN JUAN CAPISTRANO, CALIFORNIA 92675 · (949) 493-2600 · FAX (949) 493-2690 2398 FAIR OAKS BLVD., SUITE lB · SACRAMENTO, CALIFORNIA 95825 · (916) 974-7050 · FAX (916) 974-7049 2of8 Mr. Herman Parker Page Two January 6, 2003 Bid Alternate Items will include: (4) Lighted Basketball Courts Picnic Shade Structure at Soccer Fields Bleacher Shade Structures at Ballfields Cast-In-Place Concrete Scorer's Table Thank you again for the opportunity to continue working with you, the rest of your staff, and the City of Temecula, on this important contribution to the commmfity's recreational amenities. With Best Regards, Robert Mueti,,ffg, AIA, ASI~A 3of8 TEMECULA SPORTS COMPLEX PART 1: CONSTRUCTION DOCUMENTS PHASE 1.0 - PRELIMINARY DESIGN Kick-offmeeting with City staffto review approved Master Plan and coordinate off-site utility connections. Review all base information previously provided by the City. Prepare base plan from aerial topographic survey at 1" = 20' scale with 1' contour intervals. (Title report / boundary survey to be provided by the City) Prepare preliminary architectural design for restroom/concession building and maintenance building. Preliminary design will include schematic design layout for potential future full service kitchen. Should the City decide to provide a full service kitchen facility (not m current budget) we will provide a separate proposal to include preparation of design development/construction documents and Health Department plan check submittal. Review site plan and Preliminary Grading Concept prepared previously for entire Master Plan area. Meet with City representatives to review Master Plan grading concept, architectural design for restroom/concession building and maintenance building, and preliminary statement of probable construction costs. MEETINGS: (1)- Kick-offmeeting (1)- Meeting to review preliminary design PRODUCTS: Aerial topography survey; preliminary architectural design for restroom / concession building and maintenance building; preliminary statement of probable construction costs PHASE 2.0 - DESIGN DEVELOPMENT Prepare all Design Development Plans and cost analysis based upon the approved Master Plan and preliminary design documents in order to fix and describe the scope and character of the entire Project, including landscape architectural, architectural, civil, structural, and electrical systems, materials and such other elements as may be appropriate. Consideration shall be given to availability of materials, equipment and labor, construction sequencing and scheduling, economic analysis of construction, user safety and maintenance requirements, and energy conservation. Final selection of materials, textures, and colors shall occur. Prepare design development plans relative to tire site, architectural, structural, electrical, and civil engineering associated with the proposed project to include site and floor plans, exterior elevations and facilities. 002-157 Temecula Sports Park - Design De; elopment & Construction Documents 1/06/03 4of8 B. Prepare conceptual grading, drainage, sewer, and utilities. C. Update earthwork take offs. D. Prepare probable estimates of construction costs per square foot. E. Conduct staff meeting to review design development prior to construction drawings. MEETINGS: (1)- Meeting to review design development package PRODUCTS: Design development plans; materials and color samples; building floor plans and elevations; grading, drainage, sewer, and utility plans; earthwork calculations; design development statement of probable construction costs PHASE 3.0 - CONSTRUCTION DOCUMENTS This phase of the project consists of the preparation of the construction documents to include final drawings, specifications, calculations, and final cost estimates. Our proposal includes complete landscape, architectural and engineering services required to execute the project. Construction drawings will be submitted at 50% complete lbr review, revised, submitted again at 90% complete for review, revised, and finally 100% complete construction drawings will be submitted for city review and approval. At each step of construction drawing submittal, a revised cost estimate will also be submitted. Upon approval of construction drawings, the consultant will provide the city with original reproducible wet signed mylars of the approved construction drawings. Specifically, we have included the following disciplines. A. Landscape Design/Documentation Services during the Construction Documents Phase consist of preparation of drawings and specifications based on approved Design Development Documents, setting forth in detail the landscape requirements for the project including: 1. Site Construction/Layout Plans 2. Landscape Construction Details 3. Planting Plans 4. h-rigation Plans B. Civil Design/Documentation Services during the Construction Document Phase consist of preparation of final civil engineering calculatioos, Drawings and Specifications based on approved Design Development Documents, setting forth in detail the civil construction requirements for the Project. 002-157 Temecula Spo~nts 1/06/03 1. Prepare precise grading plans. Park - Design Developmenl & Construction Documents 2 5 of 8 002-157 Temecula Sports 1/06/03 2. Prepare earthwork quantity calculations and cost estimate. Calculations to include remedial grading quantities, bulking and shrinkage as recommended by soils engineer. (structural soils report to be provided by the City). 3. Prepare on-site area drain plan for nuisance flows. 4. Prepare erosion control plan. 5. Prepare on-site sewer system and water system plans. 6. Prepare on-site hydrology analysis and mapping. 7. Prepare horizontal control plan. 8. Prepare final quantities and earthwork calculations. Electrical Design/Documentation Final drawings and specifications shall be completed at the contract documents phase. All power, lighting and control schemes, complete with diagrams and details shall be finalized including: 1. Electrical load calculations. 2. Coordination with power, telephone, and CATV companies. 3. Electrical drawings and specifications including the tbllowing: a. Lighting for all sports fields- 8 total (layouts and photometrics by Musco). b. Walkway, parking, monument sign, and security lighting systems. c. Electrical provisions for electronic scoreboards and irrigation controllers. d. Electrical service and distribution. ~. Electrical systems for Maintenance Facility and Restroom/Concessions Buildings. f. Electrical design and plans for basketball courts alternate- 4 courts total. 4. Title 24 lighting calculations. Architectural Design/Documentation This scope shall be limited to the design and detail of an approximately 2,000 square foot restroom/concession building for pre-packaged food service, and a 700 square foot maintenance office. This proposal assumes the maintenance building will be a garage type facility with no divided rooms. Area will provide space for a small office desk, equipment storage, and maintenance cart parking. Building facilities will not include mechanical systems, i.e. air conditioning or heating. Structural Design Documentation Services during the Construction Docmnents Phase consist of preparation of final structural engineering calculations, Drawings and Specifications based on approved Design Development Documents, setting forth in detail the structural construction requirements for the Project. Park - Design Development & Construction Documents 3 6of8 F. Mechanical Design Documentation Final completion of all drawings, specifications and Title 24 documentation for complete HVAC and plumbing systems for restroom building. 1. Gas Service G. Technical Specifications Technical specifications for each of the above disciplines will be incorporated into the project manual. Site work construction will be prepared utilizing the 'Green Book' format. Architectural specifications will be prepared in C.S.I. format. City to provide Notice Inviting Sealed Bids, Instructions to Bidders, lnfbrmation required by Bidders, Bid Form, Bid Bonds, Agreement, Performance Bond, Payment Bond, Insurance Documents, General Provisions, General/Supplementary Conditions, and General Requirements. H. Statement of Probable Construction Cost Statement of Probable Construction Cost services during the Construction Documents Phase consist of advising the City of any adjustments, and, when the Construction Documents are approximately 90 percent complete, updating of the Statement of Probable Construction Cost of the Project, taking into account: 1. Changes in materials, systems or details of construction which have occurred during preparation of the Construction Documents. 2. Known changes in the cost of materials, labor and services since preparation of the previous Statement of Probable Construction Cost. 3. Adjustments for known or anticipated changes in the bidding market relative to the Project. PHASE 4.0 - BIDDING A. Bidding Procedures The Consultant shall assist the City with the Bidding Phase of the project. Questions, clarifications, or conflicts arising out of the bidding process will be resolved by addenda prepared by the Consultant. Addenda to the contract for construction shall be prepared in writing to document any clarification or modification made to the contract documents. In addition, the consultant shall attend a pre-bid conference, if required, and assist the city in awarding the construction contracts. 002457 Temecula Sports Park - Design Development & Construction Documents 1/06/03 4 7of8 TEMECULA SPORTS COMPLEX PART 1I: CONSTRUCTION ADMINISTRATION PHASE 5.0 - CONSTRUCTION OBSERVATION/ADMINISTRATION The Consultant Design Team shall attend job site meetings as requested by the City for an anticipated 9 month construction period to generally review and evaluate the construction schedule, monitor perfornmnce, review quality control standards, and provide assistance for any clarification or revision to the contract for construction. Shop drawings and related submittals shall be reviewed and returned to the consultant for appropriate action. The Contractor's requests for infom~ation, proposal requests, and related communications shall be attended to on a regular basis. Assist the City in review of contractor's pay requests on a monthly basis in accordance with the amount of work completed and in accordance with the contract documents. During the Construction Administration Phase of the project, the following services shall be furnished: A. Pre-construction Conference A pre-construction conference shall be organized and conducted to brief all parties concerned with general and special requirements of the contract for construction. Procedural matters, routing of information, and project representatives shall be defined. Attendees shall include representatives fi'om the City's staff, the Consultant, the Contractor, and all major subcontractors. B. Job Site Meeting Consultant shall attend a maximum of 20 bi-weekly job site meetings, as requested by the City. Scheduling, coordination, requests for inforn~ation, and changes to the contract for construction are routinely monitored. The Consultant shall publish and distribute a field report for each job site meeting, documenting the progress of construction, and specifically noting current and delinquent action items. C. Submittal and Shop Drawing Review The Consultant shall review all required shop drawings and related submittals as required by the contract documents. D. Quotation Requests / Change Orders Services consisting off i. Preparation and distribution of Drawings and Specifications to describe Work to be added, deleted, or modified. 002-157 Temecula Sports Park - Design Development & Construction Documents !/06/02 80£8 ii. Review 0 f proposals l¥om Contractor(s) for reasonableness of quantities and costs of labor and materials. iii. Review and recommendations relative to changes in time for Substantial Completion. iv. Coordination of communications, approvals, notifications and record- keeping relative to changes in the work. E. ProiectClose-Out At the completion of the Construction Phase a final job site meeting and review of the entire facility shall be conducted. A final punch list will be published and distributed by the Consultant to all parties concerned, specifically noting required corrections, non- confbnning work, and work remaining to be completed. A second walk-through shall be conducted when all punch list items have been corrected, at which time a Final Notice of Completion shall be filed by the City. 002-157 Temecula Spm~s Park -. Design Developmenl & Construction Documents [/06/03 6 EXHIBIT B PAYMENT RATES AND SCHEDULE [Jod~led 212101 Ex~[BIT B 1 of 4 TEMECULA SPORTS COMPLEX FEE PROPOSAL BASIC SERVICES It is the objective of our Design Team to provide the most comprehensive, yet efficient, approach to the development of the Temecula Sports Complex. This fee includes all costs to be incurred by RJM Design Group, Inc. with the exception of selected supplemental services. Fees for the work are as follows: PART l: CONSTRUCTION DOCUMENTS Phase 1.0- Preliminary Design Phase 2.0- Design Development Phase 3.0- Construction Documents Phase 4.0- Bidding $ 38,000 $116,400 $305,700 $ 24,200 PHASE 11: CONSTRUCTION ADMINISTRATION Phase 5.0- Construction Observation / Administration $ 80,700 Subtotal Reimbursable Allowance $565,000 $ 56,500 Total Professional Fees $621,500 Note: This fee summary represents our current understanding of the project scope and complexity for Temecula Sports Complex Master Plan. We would welcome the opportunity to meet with you to discuss our approach to this Scope of Work and revise it as necessary to more accurately meet the needs of the City of Temecula. REIMBURSABLE EXPENSE ALLOWANCE All reimbursable costs including printing, reproduction, photo and delivery will be billed to the City in addition to the basic fee at cost plus 15%. To avoid an allowance for reimbursable printing, we suggest that the City open an account with a local blueprinting company which would save the City dollars allotted to consultant administration and mark up. When inculTed, the tbllowing project expenses will be billed at cost plus 15% handling fee: · All consultant reproduction · Printing, plotting, copying, photography, graphic expenses, special delivery and handling of documents, and shipping Permits, plan check, and inspection fees Soils testing 002-157 Temecula Sports Park - Design Development & Construction Documents 1/06/03 7 2o£4 PAYMENTS Payments will be due and payable on a monthly basis following the completion of any substantial phase of work. Carrying charges for overdue accounts beyond 30 days of billing date are charged at 1-1/2% of the amount due, compounded monthly. ASSUMPTIONS The above fee proposal is based upon the following assumptions: Assume sewer connection for restrooms is a private system from existing sewer in adjacent street. Excludes any sump pumps or special studies. Assume onsite water system is private and building can be served from adjacent lines in the street. Domestic meter, landscape meter, and fire connection will be shown on Water Plan. Assume on-site fire system is "design build." Excludes any capacity or pressure studies. Excludes "pot holing" of existing utilities. Surface drainage and minor on-site storm drain only. Includes on-site Hydrology Study. Excludes oft-site storm drain rerouting and off site hydrology. Available drawings, studies, and site conditions will be evaluated in the Hydrology Study. Any off-site hydrology required by the City or County will be considered additional services. Excludes design of adjacent flood control charmel or special pennits associated with this facility. Excludes any special manholes, retention basins, and/or pump systems to retain initial storm runoff on-site. Assume on-site drainage treatment by flow filters to meet SUSMP. Excludes additional mitigation including additional storm drain facilities/on-site detention resulting from Regional Water Quality Control Board requirements and/or the SUSMP. Assumes Contractor provides SWPPP. Assume off-site street plans are not required. Driveways shown on the Grading Plan. All on-site Storm Drain will be shown on Precise Grading Plan in plan view only. All drawings of existing on-site and off;site facilities and utilities shall be made available to the Consultant where these drawings are lacking; the City of Temecula shall provide adequate information regarding existing conditions. The Consultant shall rely upon the accuracy of such information for his work. ADDITIONAL SERVICES The following services will be perfbrmed at your request, and shall be considered additional services to the above, reimbursable on an hourly basis: Additional meetings and construction site visits beyond those identified as authorized by the City of Temecula. 002-157 Temecula Sports Park - Design Development & Construction Documents 1/06/03 3of4 B. Exhibit preparation beyond that identified in the Scope of Services. Revisions to the work following authorization by client to proceed with working drawings, changes in scope or modifications of the project, design of and/or participation in work beyond the designated site. D. Preparation of mitigated negative declaration and/or special studies. RJM shall provide the necessary objective plan check revisions requested by the City for two plan check reviews. All subsequent changes shall be done in accordance with the attached Standard Hourly Fee Schedule. If it is in the interest of the project to engage or retain the services of any other consultants (graphic/sign designer, environmental engineer, mechanical engineer, etc.), then upon Client's written authorization, RJM Design Group, Inc. may engage or retain any such consultant, and the engagement of each consultant shall be an expenditure reimbursable to RJM Design Group, Inc., plus a 15% coordination fee. Should the services of geologist, or soils engineer be required, the Client shall select, retain, or engage such consultant directly. H. Preparation of SUSMP, WQMP, or SWPPP reports. L Construction survey to verify contractors' grade elevations, certifications, inspections, or administration. Preparation of legal descriptions/exhibits, any land subdivision, ALTA Survey, and/or additional boundary survey. CONSULTANTS STANDARD HOURLY FEE SCHEDULE No special consulting services other than those identified are included as part of the professional services. Compensation lbr supplemental services will be on an hourly basis at our standard rates as follows: RJM DESIGN GROUP~ INC. PRiNCIPAL LANDSCAPE ARCHITECT ASSOCIATE LANDSCAPE ARCHITECT PROJECT LANDSCAPE ARCHITECT CADD OPERATOR DRAFTSPERSON WORD PROCESSOR MCE CONSULTING PRINCIPAL PROJECT MANAGER PROJECT ENGiNEER 002-157 Temecula Sports Park - Design Development & Construction Documents 1/06/03 $130- $150. per hour $120- $110. perhour $95. per hour $75. per hour $65. per hour $50. per hour $120. perhour $100. per hour $90. per hour 4of4 PROJECT SURVEYOR DESIGN ENGINEER ASSOCIATE ENGINEER PROJECT ASSISTANT 3-MAN SURVEY CREW 2-MAN SURVEY CREW $90. perhour $80. per hour $50. perhour $40. per hour $210. perhour $170. per hour WLC ARCHITECTS~ INC. PRINICIPAL ASSOCIATE PRINCIPAL ASSOCIATE COORDINATOR SEN1OR PROJECT ARCHITECT SENIOR PROJECT MANAGER PROJECT ARCHITECT PROJECT MANAGER TECHNICAL LEVEL 1 TECHNICAL LEVEL II TECHNICAL SUPPORT $170. per hour $140. per hour $125. per hour $120. perhour $110. per hour $105. perhour $100. perhour $ 75. per hour $ 65. per hour $ 60. per hour GLP KARJALA / KULONIS~ INC. PRINCIPAL/VICE PRESIDENT ASSOCIATE PROJECT MANAGER DESIGNER CAD DRAFTER TECHNICAL TYPIST CAD PLOTTING $115. perhour $95. perhour $90. perhour $75. per hour $60. per hour $40. perhour $30. persheet SWEENEY & ASSOCIATES, INC. PRINCIPAL AUTOCAD DESIGNER DESIGNER/DRAFTER CLERICAL $100. per hour $75. perhour $65. per hour $40. per hour Billings for all time and materials and contract extension work shall be in accordance with the level of work performed and will be broken into the categories listed above. Fees will be escalated each August 1 st in accordance with any increase in the Consumer's Price Index or other mutually agreed upon cost index, beginning with August 1, 2003 All provisions for fee escalation pertain to all contract extensions and additional work. 002-157 Temecula Sports Park - Design Development & Construction Documents 1/06/03 10 REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY DECEMBER '17, 2002 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:17 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLLCALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Pratt, Stone, and Naggar ABSENT: 0 AGENCY MEMBER: Roberts Also present were Executive Director Nelson, City Attorney Thorson, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of December 10, 2002. 2 Financial Statements RECOMMENDATION: 2.1 Receive and file the Financial Statements for the three months ended September 30, 2002. MOTION: Agency Member Naggar moved to approve Consent Calendar Item Nos. 1 and 2. The motion was seconded by Agency Member Stone and voice vote reflected approval with the exception of Agency Member Roberts who was absent. DEPARTMENTAL REPORT No additional comments. EXECUTIVE DIRECTOR'S REPORT No comment. AGENCY MEMBERS' REPORTS No comments. R:'~vlin utes.rda\121702 1 ADJOURNMENT At 7:17 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, January 14, 2003, in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:~vlinutes,rda\121702 2 ITEM 2 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA/TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT DATE: TO: FROM: SUBJECT: January 14, 2003 Executive Director/City Manager Agency Members/City Councilmembers John Meyer, Redevelopment Director ~,,~v \ Corporation for Better Housing Senior Housing Project RECOMMENDATION: That the City Council: Adopt a Resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DISPOSTION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND 28500 PUJOL STREET, A CALIFORNIA LIMITED PARTNERSHIP That the Temecula Redevelopment Agency adopt a Resolution entitled: RESOLUTION NO. RDA 03- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND 28500 PUJOL STREET, A CALIFORNIA LIMITED PARTNERSHIP That the Temecula Redevelopment Agency appropriate $200,000 from Senior Housing Affordable Housing Fund. R:\Housing 2002\CBHDDAStaffReport11403.doc BACKGROUND: Per Agency Board direction, staff has negotiated a Disposition and Development Agreement (DDA) with the Corporation for Better Housing (CBH) to develop an affordable Senior Housing Project within the Pujol neighborhood. Affordable Housing Goals The Temecula Redevelopment Agency has been engaged in the development, rehabilitation and preservation of affordable housing since 1995. The Agency's Housing goals include: · Increasing, improving and preserving the supply of affordable housing · Upgrading the physical appearance of Project Area neighborhoods · Establishing new standards for the private development within neighborhoods Project Area Project Description Corporation for Better Housing (CBH) is proposing to develop a 66-unit affordable senior housing project on the east side of Pujol, south of 6th Street, behind the Habitat for Humanity homes. The project will be two-story garden-style apartments and project amenities, which will include a community room, and swimming pool. The project is proposed to be all one-bedroom units. Estimated rents for the project will be $414 for 13 units reserved at very Iow income and $500 for the 53 units reserved at Iow. Agency Involvement The proposed project represents the first affordable senior housing development in the Project Area or City. As with all the projects receiving Agency assistance, this project would not be economically viable without the Agency's involvement. Agency Assistance Over the past several months, Agency Staff has been working with CBH on determining the amount of Agency assistance needed to develop this project. The amount of assistance is a function of agreeing on the project's costs and the project's rent revenue. In order to assist the evaluation of these costs and revenues, Agency Staff contracts with Keyser Marston Associates Inc. ("KMA") as a third party analyst to assist in reviewing the developer's construction and rent estimates. The total cost of the proposed project is just over $6.3 million or $95,500 per unit. Through KMA's analysis, it has been determined that the project will need Agency assistance of just over $2.6 million or just under $40,000 per unit. This assistance will come in the form of free land, valued at $434,000 and $2,181,000 financial contribution. Sources of Financing In addition to the Agency's contribution, CBH is proposing to use tax exempt bonds and the 4% Low-Income Tax Credit. These are the same financing mechanisms used for Mission Village. Tax- exempt bonds used to finance the project will be issued by the California Statewide Communities Development Authority (California Communities). California Communities is a statewide joint- powers authority sponsored by the California State Association of Counties and League of California R:\Housing 2002\CBHDDAStaffReport 11403.doc Cities. Tax credit income results from the sale of federally approved tax deductions to private investors who benefit from them. The bonds are expected to raise $2 million for the project and the tax credits an additional $1.5 million. The bonds are secured by the property and repayment is the obligation of the developer with no risk to the City or Agency. Lastly, CBH has agreed to defer 30% or $213,000 of its developer fee. In total, the proposed financing sources are as follows: · Bond Amount $2,038,000 · TaxCredits $1,470,000 · Deferred Developer Fee $ 213,000 · Agency Loan $2,615,000 $6,336,000 Disposition and Development Agreement/Project Deal Points in order to facilitate the proposed project, the Agency and CBH will need to enter into the Disposition and Development Agreement (DDA) to establish the terms and conditions surrounding the development of the project. The following is a breakdown of the key deal points within the DDA: Agency Assistance - Because of the regulation regarding the use of tax credits, the Agency is required to structure the $2,615,000 contribution as a loan, rather than a grant. Therefore, the DDA will establish the Agency contribution as a loan to the project, secured by a "soft" second deed of trust. As is typical for these transactions, the Agency may never fully recover its principal and interest. Additionally, CBH will then reimburse the Agency $434,000 for the value of the property. Developer Fee - The tax credit regulations provide for the developer to receive a fee equal to 15% of the eligible development costs (e.g. non-land cost). The total developer fee for this project of $710,000 is in the opinion of KMA fair and equitable and consistent with other developer fees for similar projects. Surplus Cash Flow - After the loan payments and repayment of the deferred developer's fee, there will be surplus revenue from the project's operation in future years. The DDA will contain language that requires CBH to split this remaining revenue equally with the Agency. Surplus cash flow is not anticipated for approximately ten-years, that is, once the deferred developer fee has been repaid. The amount anticipated to be split starts at $37,000 in year 10 and increases approximately 3.5% annually. This revenue source will motivate CBH to professionally manage and maintain the property into the future. CONCLUSION This is an attractive project for the Agency. In addition to providing affordable senior housing in proximity to the Mary Philips Senior Center, this project will further stabilize the north end of the Pujol neighborhood and continue to set high standards for all new development in the area. R:\Housing 2002\CBHDDAStaffReport11403.doc FISCAL IMPACT: As outlined in the body of the report, the Agency's total contribution for the project is $2,615,000. In addition to land, the Agency will contribute $2,181,000. The 2002-2003 Capital Improvement Program budget contains $2,000,000 for senior housing. Therefore, an additional appropriation of $200,000 will be necessary. Attachment: Conceptual Site Plans Council Resolution No. 02-__ Agency Resolution No, 03-__ Disposition and Development Agreement Estimate of Re-Use Value Report KMA Summary Report CIP Project Sheet R:~lousing 2002~CBHDDAStaffRepo~t 11403.doc iI ii RESOLUTION NO. RDA 03- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND 28500 PUJOL STREET, A CALIFORNIA LIMITED PARTNERSHIP THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby finds, determines and declares that: A. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exemise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. B. On July 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91- 15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. C. The Disposition and Development Agreement ('Agreement") approved by this Resolution is intended to effectuate the Redevelopment Plan for the Agency's Redevelopment Project Area No. 1988-1, as amended, by contributing certain real property and providing financial assistance to be used by the Developer to develop a multi-family rental project within the Pujol neighborhood located on the 28500 Pujol Street, Temecula, consisting of sixty six (66) senior units for persons of Iow, very Iow, and moderate income as defined in Section 50093 of the California Health and Safety Code (i.e. to families earning up to 120% of Riverside median income) (collectively the "Project"). D. The Agreement is also intended to effectuate the objectives of the Agency and the City of Temecula (the "City") in complying with their obligation to provide Iow and moderate income housing pursuant to the Health and Safety Code of California and the goals of the City's Housing Element to the Temecula General Plan. The Developer's development of the Project and the R:'~l'-Iousing 2002~TRDA CBH Res approve DDA.DOC fulfillment generally of this Agreement are in the best interest of the City and the welfare of its residents, and in accordance with the public purposes and provisions of applicable federal, state, and local laws and requirements. E. Pursuant to the provisions of Health & Safety Code Sections 33430, 33431 and 33433, on January 14, 2003 the Agency duly noticed and held a joint public hearing before the Board of Directors of the Redevelopment Agency of the City of Temecula and the City Council of the City of Temecula concerning the approval of the proposed Disposition and Development Agreement with Developer. F. Pursuant to the requirements of Health & Safety Code Section 33433, a comprehensive report summarizing and analyzing the proposed Disposition and Development Agreement. The report specifically contains the information required by Section 33433 and has been prepared within the time limit set forth therein and made available for public review from the date of the first publication of the notice of public hearing. G. The conveyance of the property as proposed by the Disposition and Development Agreement is at less than fair market rental value based on the Agency's real estate analysis. Therefore, the Agency Board specifically finds in accordance with the authority of Health & Safety Code Section 33433 that: (1) the sales price is not less than the fair reuse value of the Site; and (2) said difference is necessary to effectuate the provisions of the Plan and to allow development and housing opportunities to come to the City and Project Area and increase employment opportunities within the City and the Project Area. H. The development of the Project as required by the Agreement will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area in that development of Project on the Site will: (1) Establish development standards and the rehabilitation and improvement of obsolete, deteriorating, and inappropriate buildings and housing stock; (2) consolidate irregular parcels into a site appropriate for development; (3) encourage and provide for development of vacant properties in accordance with the Plan and the Old Town Specific Plan; and (4) preserve, improve, and expand housing opportunities for Iow and moderate income residents. I. The Agreement is consistent with the Redevelopment Plan and the Implementation Plan adopted by the Agency for the Project Area adopted by the Agency. J. The redevelopment of the Project site as provided in the Agreement and is consistent with the City's General Plan and the Old Town Specific Plan. K. The Agency is specifically authorized by Health & Safety Code Sections 33430, 33431 and 33433, and other applicable law, to enter into the Disposition and Development Agreement. L. The Agency Board has duly considered all terms and conditions of the proposed Agreement and believes that such agreement is in the best R:~-lousing 2002~TRDA CBH Res approve DDA,DOC 2 interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. M. This Agreement pertains to and affects the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby further finds, determines and declares that: A. Section 33334.2, et seq. of the CRL authorizes and directs the Agency to expend a certain percentage of ali taxes which are allocated to the Agency pursuant to the CRL Section 33670 for the purposes of increasing, improving and preserving the community's supply of housing available at afford- able housing costs to persons and families of Iow to moderate income, including lower income and very Iow income households. B. Pursuant to the CRL, the Agency has established a Low and Moderate Income Housing Fund (the "Housing Fund"). C. Pursuant to the CRL Section 33334.2(e), in carrying out its affordable housing activities, the Agency is authorized to provide subsidies to or for the benefit of very Iow and lower income households, or persons and families of Iow or moderate income to the extent those households cannot obtain housing at affordable costs on the open market. D. Developer proposes, with the assistance of the Agency, to develop the Project and upon completion to make available for the longest feasible period of time all of the housing units in the Project at affordable rents to Iow to moderate income households. E. Pursuant to Sections 33132, 33133, and 33600 of the CRL, the Agency may accept financial or other assistance from any public or private source, for the Agency's activities, powers, and duties, and expend any funds so received for any of the purposes of the CRL. F. The expenditures from the Housing Fund as contemplated by the Agreement approved by this Resolution will directly and specifically increase, improve, and preserve the community's supply of Iow and moderate income housing within the meaning of Health and Safety Code Section 33334.2 and will be of benefit to the Project Area by providing new housing which restricted so as to be affordable for occupancy by very Iow income, lower income and median income households. G. The California Legislature declares in Health and Safety Code Section 37000, et seq., that new forms of cooperation with the private sector, such as leased housing, disposition of real property acquired through redevelopment, development approvals, and other forms of housing assistance may involve close participation with the private sector in meeting housing needs, R:~-Iousing 2002~TRDA CBH Res approve DDA.DOC 3 without amounting to development, construction or acquisition of Iow rent housing projects as contemplated under Article XXXIV of the State Constitution and that the Agreement approved hereby is not subject to the provisions of said Article XXXIV. Section 3. The Agency hereby finds and determines that the lien of the covenants required pursuant to the Agreement may be subordinated to financing for the Project because an economically feasible alternative method of financing the Project on substantially comparable terms and conditions, but without subordination, is not reasonably available. Section 4. While the Agency determines that participation in the feasibility analysis, financing, and development of the Project does not constitute development, construction or acquisition of a Iow-rent housing project within the meaning of Article XXXIV of the State Constitution, this Resolution is hereby deemed to constitute approval within the meaning of Health and Safety Code Section 37001.5 of a proposal which may result in housing assistance benefiting persons of Iow income. Section 5. The approval of this Agreement by the Agency constitutes an action by the Agency to implement an adopted Housing Assistance Plan by acquiring interests in housing units to assure they are affordable to persons of Iow and moderate income. Therefore, the Project is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15326 of the CEQA Guidelines (Title 14 of the California Code of Regulations), Additionally, the Project is: (1) consistent with the applicable General Plan designation and all applicable General Plan Policies as well as with applicable zoning designation and regulations; (2) the Project occurs with in the city limits of the City of Temecula on a project site of less than five acres substantially surrounded by urban uses; (3) the Project site has no value as habitat for endangered, rare, or threatened species; (4) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (5) the Site can be adequately served by all required utilities and public services. Therefore, the Project is and "in-fill project" and is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15332 of the CEQA Guidelines (Title 14 of the California Code of Regulations). The Executive Director of the Agency is directed to file a Notice of Exemption of this action as required by CEQA and the CEQA Guidelines. Section 6. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "Disposition and Development Agreement" by and Between Temecula Redevelopment Agency and 28500 Pujol Street, a California Limited Partnership with such changes in such document as may be mutually agreed upon by the Developer and the Agency Executive Director as is in substantial conformance with the form of such Agreement which on file in the Office of the Agency Secretary, The Chairperson of the Agency is hereby authorized to execute the Agreement, including related exhibits and attachments on behalf of the Agency. A copy of the final Agreement when executed by the Agency Chairperson shall be placed on file in the Office of the Secretary of the Agency. Section 7. The Executive Director of the Agency (or his designee), is hereby authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the Agency's obligations, responsibilities and duties to be performed under the Agreement and related documents, R:~-Iousing 2002~TRDA CBH Res approve DDA.DOC 4 including but not limited to the Promissory Note, Deed of Trust, Regulatory Agreement, acceptances, escrow instructions, certificates of completion and such other implementing agreements and documents as contemplated or described in the Agreement. Section 8. Resolution. The Secretary of the Agency shall certify the adoption of this PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevelopment Agency of the City of Temecula on January 14, 2003. ATTEST: Ron Roberts, Chairperson Susan Jones, CMC Agency Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA SS I, Susan Jones, CMC, Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that the Resolution No. RDA 03- was duly and regularly adopted by the Board of Directors of the Redevelopment Agency of the City of Temecula at a regular meeting thereof, held on ., 2003, by the following vote, to wit: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: SUSAN JONES, CMC SECRETARY R:~Housing 2002~TRDA CBH Res approve DDA. DOC 5 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DISPOSTION AND DEVELOPMENT AGREEMENT BET~NEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND 28500 PUJOL STREET, A CALIFORNIA LIMITED PARTNERSHIP THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby finds, determines and declares that: A.. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. B. On July 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91- 15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. C. The Disposition and Development Agreement ("Agreement") approved by this Resolution is intended to effectuate the Redevelopment Plan for the Agency's Redevelopment Project Area No. 1988-1, as amended, by contributing certain real property and providing financial assistance to be used by the Developer to develop a multi-family rental project within the Pujol neighborhood located on the 28500 Pujol Street, Temecula, consisting of sixty six (66) senior units for persons of Iow, very Iow, and moderate income as defined in Section 50093 of the California Health and Safety Code (i.e. to families earning up to 120% of Riverside median income) (collectively the "Project"). D. The Agreement is also intended to effectuate the objectives of the Agency and the City of Temecula (the "City") in complying with their obligation to R:~Housing 2002~TRDA CBH City Res approve DDA,DOC provide Iow and moderate income housing pursuant to the Health and Safety Code of California and the goals of the City's Housing Element to the Temecula General Plan. The Developer's development of the Project and the fulfillment generally of this Agreement are in the best interest of the City and the welfare of its residents, and in accordance with the public purposes and provisions of applicable federal, state, and local laws and requirements. E. Pursuant to the provisions of Health & Safety Code Sections 33430, 33431 and 33433, on January 14, 2003 the Agency duly noticed and held a joint public hearing before the Board of Directors of the Redevelopment Agency of the City of Temecula and the City Council of the City of Temecula concerning the approval of the proposed Disposition and Development Agreement with Developer. F. Pursuant to the requirements of Health & Safety Code Section 33433, a comprehensive report summarizing and analyzing the proposed Disposition and Development Agreement. The report specifically contains the information required by Section 33433 and has been prepared within the time limit set forth therein and made available for public review from the date of the first publication of the notice of public hearing. G. The conveyance of the property as proposed by the Disposition and Development Agreement is at less than fair market rental value based on the Agency's real estate analysis. Therefore, the City Council concurs in the Agency Board' finding that in accordance with the authority of Health & Safety Code Section 33433 that: (1) the sales price is not less than the fair reuse value of the Site; and (2) said difference is necessary to effectuate the provisions of the Plan and to allow development and housing opportunities to come to the City and Project Area and increase employment opportunities within the City and the Project Area. H. The development of the Project as required by the Agreement will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area in that development of Project on the Site will: (1) Establish development standards and the rehabilitation and improvement of obsolete, deteriorating, and inappropriate buildings and housing stock; (2) consolidate irregular parcels into a site appropriate for development; (3) encourage and provide for development of vacant properties in accordance with the Plan and the Old Town Specific Plan; and (4) preserve, improve, and expand housing opportunities for Iow and moderate income residents. I. The Agreement is consistent with the Redevelopment Plan and the Implementation Plan adopted by the Agency for the Project Area adopted by the Agency. J. The redevelopment of the Project site as provided in the Agreement and is consistent with the City's General Plan and the Old Town Specific Plan. R:~lousing 2002~TRDA CBH City Res approve DDA.DOC K. The Agency is specifically authorized by Health & Safety Code Sections 33430, 33431 and 33433, and other applicable law, to enter into the Disposition and Development Agreement. L. The Agency Board and City Council have duly considered all terms and conditions of the proposed Agreement and believes that such agreement is in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. M. This Agreement pertains to and affects the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. Section 2. The City Council of the City of Temecula hereby further finds, determines and declares that: A. Section 33334.2, et seq. of the CRL authorizes and directs the Agency to expend a certain percentage of all taxes which are allocated to the Agency pursuant to the CRL Section 33670 for the purposes of increasing, improving and preserving the community's supply of housing available at afford- able housing costs to persons and families of Iow to moderate income, including lower income and very Iow income households. B. Pursuant to the CRL, the Agency has established a Low and Moderate income Housing Fund (the "Housing Fund"). C. Pursuant to the CRL Section 33334.2(e), in carrying out its affordable housing activities, the Agency is authorized to provide subsidies to or for the benefit of very Iow and lower income households, or persons and families of Iow or moderate income to the extent those households cannot obtain housing at affordable costs on the open market. D. Developer proposes, with the assistance of the Agency, to develop the Project and upon completion to make available for the longest feasible period of time all of the housing units in the Project at affordable rents to Iow to moderate income households. E. Pursuant to Sections 33132, 33133, and 33600 of the CRL, the Agency may accept financial or other assistance from any public or private source, for the Agency's activities, powers, and duties, and expend any funds so received for any of the purposes of the CRL. F. The expenditures from the Housing Fund as contemplated by the Agreement approved by this Resolution will directly and specifically increase, improve, and preserve the community's supply of Iow and moderate income housing within the meaning of Health and Safety Code Section 33334.2 and will be of benefit to the Project Area by providing new housing which restricted so as to be affordable for occupancy by very Iow income, lower income and median income households. R:~--Iousing 2002~TRDA CBH City Res approve DDA. DOC G. The California Legislature declares in Health and Safety Code Section 37000, et seq., that new forms of cooperation with the private sector, such as leased housing, disposition of real property acquired through redevelopment, development approvals, and other forms of housing assistance may involve close participation with the private sector in meeting housing needs, without amounting to development, construction or acquisition of Iow rent housing projects as contemplated under Article XXXIV of the State Constitution and that the Agreement approved hereby is not subject to the provisions of said Article XXXIV. Section 3. The City Council concurs in the finding that the lien of the covenants required pursuant to the Agreement may be subordinated to financing for the Project because an economically feasible alternative method of financing the Project on substantially comparable terms and conditions, but without subordination, is not reasonably available. Section 4. While the Agency determines that participation in the feasibility analysis, financing, and development of the Project does not constitute development, construction or acquisition of a Iow-rent housing project within the meaning of Article XXXIV of the State Constitution, this Resolution is hereby deemed to constitute approval within the meaning of Health and Safety Code Section 37001.5 of a proposal which may result in housing assistance benefiting persons of Iow income. Section 5. The approval of this Agreement by the Agency constitutes an action by the Agency to implement an adopted Housing Assistance Plan by acquiring interests in housing units to assure they are affordable to persons of Iow and moderate income. Therefore, the Project is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15326 of the CEQA Guidelines (Title 14 of the California Code of Regulations). Additionally, the Project is: (1) consistent with the applicable General Plan designation and all applicable General Plan Policies as well as with applicable zoning designation and regulations; (2) the Project occurs with in the city limits of the City of Temecula on a project site of less than five acres substantially surrounded by urban uses; (3) the Project site has no value as habitat for endangered, rare, or threatened species; (4) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (5) the Site can be adequately served by all required utilities and public services. Therefore, the Project is and "in-fill project~ and is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15332 of the CEQA Guidelines (Title 14 of the California Code of Regulations). The Executive Director of the Agency is directed to file a Notice of Exemption of this action as required by CEQA and the CEQA Guidelines, Section 6. The City Council of the City of Temecula hereby consents to the Agency approval that certain agreement entitled "Disposition and Development Agreement" by and Between Temecula Redevelopment Agency and 28500 Pujol Street, a California Limited Liability Company, with such changes in such document as may be mutually agreed upon by the Developer and the Agency Executive Director as are in substantial conformance with the form of such Agreement which is on file in the Office of the Agency Secretary. Section 8. The City Clerk shall certify the adoption of this Resolution. R:~Housing 2002~TRDA CBH City Res approve DDA,DOC PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on January 14, 2003. ATTEST: JEFFREY E. STONE, MAYOR SUSAN JONES, CMC SECRETARY [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA SS I, Susan Jones, CMC, Secretary of the City Council of the City of Temecula, do hereby certify that the Resolution No. 03-. was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on ., 2003, by the following vote, to wit: AYES: COUNClLMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: SUSAN JONES, CMC CITY CLERK R:~Housing 2002\TRDA CBH City Res approve DDA.DOC CBH FINAL DDA DISPOSITION AND DEVELOPMENT AGREEMENT THIS DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA"), dated as of 2003, is entered into by and between the TEMECULA REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency"), and 28500 PUJOL STREET, L.P., a California limited partnership ("Developer"). RECITALS This Agreement is entered into with reference to the following facts: A. The purpose of this DDA is to effectuate the Redevelopment Plan for Redevelopment Project Area No. 1988-1 (as amended) of the Agency, in the City of Temecula, California, by facilitating construction of Low and Moderate Income Housing within the Project Area. B. The Agency is a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under the Community Redevelopment Law of the State of California. C. The principal objective hereof is to create an affordable housing inventory available to be leased to persons who are of very low or low income who but for this program might not be able to obtain housing at affordable cost, and to reach that objective the parties hereto will require an extraordinary level of cooperation with each other, which level of effort the parties hereto covenant to provide. D. To accomplish the foregoing objective, the Agency is willing to sell the property described on Exhibit A (the "Property") to the Developer and make a loan to Developer secured by said Property, and in consideration therefor the Developer is willing to construct on the Property 65 senior garden apartment units and one manager's unit, all of which (except for the manager's unit) shall be available to persons of very low or low income. All such development as herein described is collectively referred to in this DDA as the "Project." Greater detail of the Project is set forth in the Scope of Development, attached hereto as Exhibit B. E. The Developer intends to obtain an award of tax exempt private activity bonds from the California Debt Limit Allocation Committee and an award of 4% tax credits from the California Tax Credit Allocation Committee and to transfer such tax credits to equity investors in order to assist in financing the development of the Project. F. Development of the Project will assist in the elimination of blight in the Project Area, provide affordable housing, provide additional jobs, and substantially improve the economic and physical conditions in the Project Area in accordance with the purposes and goals of the Redevelopment Plan. G. The Agency has determined that the land uses specified in this DDA and the provisions relating to development of the Project specified in this DDA are consistent with the provisions of the Redevelopment Plan and each of its applicable elements. H. Construction of the Improvements (as hereinafter defined) constituting the Project pursuant to this DDA is in the best interests of the Agency, and the health, safety and welfare of the 11087~0001W13019.3 residents and taxpayers of the Project Area, and is in accord with the public purposes and provisions of applicable state and local laws. I. A material inducement to the Agency to enter into this DDA is the agreement by the Developer to construct the Improvements within a limited period of time, and the Agency would be unwilling to enter into this DDA in the absence of an enforceable commitment by the Developer to construct the Improvements within a limited period of time. NOW, THEREFORE, the Parties agree as follows: ARTICLE 1. DEFINITIONS. Section 1.1. Definitions. The following terms as used in this DDA shall have the meanings given unless expressly provided to the contrary: 1.1.1. Agency means the Temecula Redevelopment Agency, a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under the Community Redevelopment Law of the State of California, with full power and authority to execute this DDA. The principal office of the Agency is located at 43200 Business Park Drive, Temecula, California 92589. 1.1.2 Agency Loan means the loan made by Agency to Developer pursuant to Section 5.2 of this DDA, including but not limited to any loan by the Agency refinancing a prior Agency Loan. 1.1.3 Certificate of Completion means a certificate in the form attached hereto as Exhibit I, to be provided by the Agency to the Developer upon satisfactory completion of the Improvements on the Property. 1.1.4 City means the City of Temecula, California. 1.1.5 Closing has the meaning defined in Section 2.3.2. 1.1.6 Closing Date means the date upon which the Agency and Developer enter into the DDA and the Regulatory Agreement. 1.1.7 Construction Contract has the meaning defined in Section 4.3. 1.1.8 DDA means this Disposition and Development Agreement. 1.1.9 Debt Service means the total of the payments of principal and interest due and actually made by the Developer during a period on a specified loan, and does not include prepayments. IA.10 Default has the meaning defined in Section 6.1. 1.1.11 Developer means 28500 Pujol Street, L.P., a California limited partnership. The principal office of the Developer for purposes of this DDA is 15490 Ventura Blvd. #210, Sherman Oaks, California 91403. 1.1.12 Environmental Laws means all federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority 11087~0001\713019.3 2 regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Material, or pertaining to occupational health or industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Materials on, under, or about the Project), occupational or environmental conditions on, under, or about the Project, as now or may at any later time be in effect, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) [42 USCS 88 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (RCRA) [42 USCS 88 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 USCS 88 1251 et seq.]; the Toxic Substances Control Act (TSCA) [15 USCS 88 2601 et seq.]; the Hazardous Materials Transportation Act (HMTA) [49 USCS 88 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 USCS 88 136 et seq.]; the Superfund Amendments and Reauthorization Act [42 USCS 88 6901 et seq.]; the Clean Air Act {42 USCS 88 7401 et seq.]; the Safe Drinking Water Act [42 USCS 88 30Of et seq.]; the Solid Waste Disposal Act [42 USCS 88 6901 et seq.]; the Surface Mining Control and Reclamation Act [30 USCS 88 1201 et seq.]; the Emergency Planning and Community Right to Know Act [42 USCS 8811001 et seq.]; the Occupational Safety and Health Act [29 USCS 88 655 and 657]; the California Underground Storage of Hazardous Substances Act [H & S C 88 25280 et seq.]; the California Hazardous Substances Account Act [H & S C 8§ 25300 et seq.]; the California Hazardous Waste Control Act [H & S C 88 25100 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [H & S C 88 24249.5 et seq.]; and the Porter-Cologne Water Quality Act [Water Code 88 13000 et seq.], together with any amendments of or regulations promulgated under the statutes cited above and any other federal, state, or local law, statute, ordinance, or regulation now in effect or later enacted that pertains to occupational health or industrial hygiene, and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Materials on, under, or about the Project, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use. 1.1.13 Escrow means the escrow created under Section 2.3. 1.1.14 Escrow Holder means First American Title Insurance Company. The office of the Escrow Holder for purposes of this DDA is 3625 Fourteenth Street, Riverside, California 92501 (Attn: Debbie Newton, Escrow Officer; 909/787-1700). 1.1.15 General Contractor has the meaning defined in Section 4.3. 1.1.16 Gross Income means all revenues or income collected by the Developer or its Affiliates, successors or assigns from the Project, including but not limited to sums paid by all subtenants, licensees and concessionaires. Gross Income shall be determined on a cash basis during any pertinent or applicable period, but shall not include security deposits until and unless such security deposits have been forfeited by tenants. Gross Income also includes laundry income (except such portion retained by the vendor) and income from operating cable television, recreation facilities, and any other services at the Project. Gross Income shall not, except for loss of rent insurance proceeds which shall be included, include insurance or condemnation proceeds, or the proceeds from any sale or refinancing of the Project or any part thereof. 1.1.17 Hazardous Materials includes without limitation: (i) Those substances included within the definitions of hazardous substance, hazardous waste, hazardous material, toxic substance, solid waste, or pollutant or contaminant in CERCLA, RCRA, TSCA, HMTA, or under any other Environmental Law; 11087~001w13019.3 3 (ii) Those substances listed in the United States Department of Transportation (DOT) Table 49 [CFR § 172.101], or by the Environmental Protection Agency (EPA), or any successor agency, as hazardous substances [40 CFR Part 302]; (iii) Other substances, materials, and wastes that are or become regulated or classified as hazardous or toxic under federal, state, or local laws or regulations; and (iv) Any material, waste, or substance that is (1) a petroleum or refined petroleum product, (2) asbestos, (3) polychlorinated bipbenyl, (4) designated as a hazardous substance pursuant to 33 USCS § 1321 or listed pursuant to 33 USCS § 1317, (5) a flammable explosive, or (6) a radioactive material. 1.1.18 Improvements means the improvements to be constructed by the Developer pursuant to this DDA, as more fully described in the Scope of Development. 1.1.19 Mortgagee means a mortgagee of a mortgage, beneficiary of a deed of trust, or the secured party under any other financing device encumbering the Property or the Project. 1.1.20 Operating Expenses means for any period the sum of the following expenses reasonably incurred and actually paid during that period: (i) actual, reasonable and customary costs, fees and expenses directly attributable to the operation, maintenance, taxes and management of the Project, expressly including, without limitation the following (all of which must be customary and reasonable): onsite administrative costs (including materials and labor); payments to an operating reserve account; payments to a replacement reserve account, not to exceed $200 per unit per year, subject to annual increases by the annual percentage increase in the CPI, not to exceed 3.5% per year; painting, cleaning, repairs and alterations; landscaping; utilities; rubbish removal; certificates, permits and licenses; sewer charges; real and personal property taxes and assessments; insurance; security; advertising, promotion and publicity; office, janitorial, cleaning and building supplies; cable television, satellite and similar facilities; recreational amenities, supplies and services; a property management fee, not to exceed five percent (7%) of Gross Income; purchase, repair, servicing and installation of appliances, equipment, fixtures and furnishings (other than from reserves); and fees and expenses of accountants, attorneys, consultants and other professionals, including annual audits and tax return preparation costs payable to a third party; and the deferred portion of the Developer's fee, which deferred portion is $212,000 (without interest); an annual $5,000 asset management fee payable to the tax credit investor, which may be increased annually by the annual percentage increase in the CPI, but which may only be paid for 17 years following the issuance of a Certificate of Completion. Notwithstanding the foregoing, Operating Expenses shall not include: (i) non-cash expenses, including without limitation, depreciation; (ii) payments made from insurance or condemnation proceeds or any costs or expenses paid or reimbursed by others; (iii) funds expended from replacement reserves; (iv) the initial cost of constructing the Improvements or any expansion or replacements thereof; (v) any penalties or interest resulting from the Developer's failure to pay when due any sums that the Developer is obligated to pay to third parties (e.g., penalties and interest for late payment of real property taxes); (vi) debt service or other payments in connection with financing; (vii) any asset management fee, syndications management fee or similar fee paid to any tax credit equity investor (except for the annual $5,000 asset management fee payable to the tax credit investor, which may be increased annually by the annual percentage increase in the CPI). 1.1.21 Party means any party to this DDA. The "Parties" shall be all parties to this DDA. 11087~001W13019.3 4 1.1.22 Plans and Specifications means the plans prepared by Danielian Associates, dated October 2002, and any other plans or specifications required for construction of the Project. 1.1.23 Primary Loan means the construction loan or the permanent loan obtained by Developer and approved by Agency for the purpose of financing the cost of constructing the Improvements that is not financed with the Agency Loan. 1.1.24 Proiect means the construction of the Improvements on the Property in accordance with the Plans and Specifications and the Scope of Development, including the construction of 66 senior apartment units, together with ancillary improvements (including a community room and 55 surface parking spaces), on the Property. 1.1.25 Proiect Area means Project Area No. 1988-1 of the Agency. 1.1.26 Property means the parcel of real property located at 28500 Pujol Street, Temecula, California, and legally described on Exhibit A, attached hereto and incorporated by reference herein. 1.1.27 Redevelopment Plan means the Redevelopment Plan for the Project Area approved by the City Council of the City of Temecula. This DDA shall be subject to the provisions of the Redevelopment Plan which are incorporated herein by this reference and made a part hereof as though fully set forth herein. 1.1.28 Regulatory Agreement means an agreement executed by the Developer in favor of the Agency, in the form attached hereto as Exhibit E, on terms and conditions acceptable to Agency, restricting the leasing of the Project and the units therein to persons or households one member of which must be at least 55 years of age and of very low and low income, as defined in the California Health and Safety Code, and which agreement meets the requirements of California Health and Safety Code Sections 33334.2, et seq., and 33418, and all regulations implementing such statutes. The Regulatory Agreement shall also address such matters concerning the operation and maintenance of the Project as the Agency shall reasonably require. 1.1.29 Residual Receipts means for any period the amount of Gross Income for that period, less Operating Expenses and Debt Service on the Primary Loan for that period. 1.1.30 Schedule of Performance means the schedule attached hereto as Exhibit C to this DDA, which is incorporated herein by this reference. The Schedule of Performance is subject to the force majeure provisions of Section 7.12 hereof. 1.1.31 Scope of Development means the description of the Improvements, attached hereto as Exhibit B. 1.1.32 Site Plans means the preliminary Site Plan for the Project, which Site Plans have been prepared by Danielian & Associates, dated October 2002, and which has been approved by the Agency and the Developer. 1.1.33 TCAC Regulatory Agreement means a regulatory agreement meeting the requirements of the California Tax Credit Allocation Committee. 11087\000B713019.3 5 ARTICLE 2. ACQUISITION OF THE PROPERTY; CLOSING OF LOAN Section 2.1. Escrow. Substantially concurrently with the execution of this DDA, Developer and Agency shall open an escrow with the Escrow Holder to implement both the sale of the Property by Agency to Developer and a loan by Agency to Developer upon the terms and subject to the conditions set forth herein. Section 2.2. Pumhase and Sale. Upon the Close of Escrow (defined in Section 2.3.2), Agency shall convey the Property to Developer by grant deed (the "Grant Deed") for the purchase price of $434,000, which shall be paid with a portion of the proceeds from the Agency's Loan to Developer. Section 2.3. Details of Escrow. 2.3.1. Escrow Instructions. The Parties shall deposit with the Escrow Holder a fully executed duplicate original of this DDA, which shall serve as escrow instructions for the Escrow. The Escrow Holder is authorized to act under this DDA, and to carry out its duties as the Escrow Holder hereunder. 2.3.2. Close of Escrow. "Close of Escrow" or "Closing" means the date Escrow Holder causes the Deed, the Regulatory Agreement and the Agency Deed of Trust to be recorded in the Official Records of the County of Riverside. Escrow shall close upon satisfaction of all conditions precedent set forth in Section 2.6, below. Either Paxty shall have the right to terminate this DDA if the Closing has not occurred prior to the earliest of: (i) 30 days after the date that Developer receives notice that Developer has been awarded a tax credit allocation; (ii) the date that Developer or any Affiliate of Developer is assessed negative points for failure to meet deadlines in connection with its tax credit application; (iii) Developer's failure to obtain a tax credit allocation during the tax credit application period ending June 15, 2003, or either of the two immediately succeeding tax credit application periods. 2.3.3. Other Documents. The Agency and the Developer shall execute such reasonable and customary documents, including necessary escrow instructions, as required to close the transactions described in this DDA. Section 2.4. Condition of Title; Title Insurance. 2.4.1. At the Close of Escrow, the Developer shall receive a fee simple interest in the Property. The Regulatory Agreement shall be subject and subordinate to the TCAC Regulatory Agreement (if the Developer obtains tax credits and if the TCAC Regulatory Agreement is available at the Close of Escrow). The Agency Deed of Trust shall be subject to and subordinate to the TCAC Regulatory Agreement and subordinate to the Construction Deed of Trust and Permanent Lender's Deed of Trust. 2.4.2. At the Closing, Escrow Holder shall cause to be issued to the Agency and the Developer, at the Developer's sole cost and expense, ALTA Extended Coverage Title Insurance policies, issued by First American Title Company insuring that title is free and clear of all liens, easements, covenants, conditions, restrictions, and other encumbrances of record, except as permitted in Section 2.4.1, and insuring in favor of the Agency (in the amount of the Agency Note) the recorded priority of the Regulatory Agreement, the Agency Deed of Trust and the Agency's rights hereunder, together with such endorsements as Agency or the Developer (as applicable) shall reasonably request (the "Title Insurance"). 11087~0001\713019.3 6 Section 2.5. Escrow and Title Charges. The Developer shall be solely responsible for all survey costs, title insurance premiums, recording fees, documentary and local transfer taxes, and escrow fees and charges arising hereunder. Section 2.6. Conditions to Closing. The rights and obligations of the Developer and the Agency to close the Escrow and to sell and purchase the Property, respectively, are subject to the satisfaction or waiver of each of the following conditions: 2.6.1. The Developer shall have submitted to the Agency, and the Agency shall have approved a detailed construction budget and a schedule of values/cost breakdown reasonably acceptable to the Agency, and a construction schedule satisfactory to the Agency, showing estimated dates of the initiation and completion of each major phase of the construction of the Project. 2.6.2. The Agency shall have approved all financing commitments and equity commitments described in Section 5.1. 2.6.3. The Agency shall have approved (i) the Construction Contract for the Project, as described in Section 4.3; and (ii) the Plans and Specifications (but such approval does not constitute any representation or warranty, express or implied, regarding the Construction Contract or the Plans and Specifications). 2.6.4. The Agency shall have received satisfactory evidence that the insurance required by Section 7.1 of this DDA shall be in effect. 2.6.5. Escrow Holder shall be committed to issue the Title Insurance. 2.6.6. The Developer shall have executed and delivered the Regulatory Agreement in form and substance approved by the Agency. 2.6.7. The construction loan financing described in Section 5.1 shall close concurrently with the Closing, and the intercreditor agreement described in Section 5.2.2 below shall have been executed and delivered. 2.6.8. The Developer shall have executed and delivered to the Escrow Holder all documents required by the Agency to evidence and secure the Agency Loan. 2.6.9. The Developer shall have delivered to Escrow Holder the amounts described in Section 2.5. 2.6.10. The permits for the construction of the Project shall have been issued and copies thereof shall have been delivered to the Agency. 2.6.11. All other conditions to closing in Section 5 of the Loan Agreement shall have been satisfied. Section 2.7. Escrow Holder 2.7.1. At the Closing, Escrow Holder is authorized to: 11087Xl}00B713019.3 7 (a) Pay and charge the Developer for any fees, charges and costs payable under this Article. Before such payments are made, the Escrow Holder shall notify the Agency and the Developer, and receive the Developer's approval of, the fees, charges, and costs necessary to Close the Escrow; and (b) Record the Grant Deed, the Regulatory Agreement, a memorandum of this DDA and the Agency Deed of Trust, and deliver the other documents to the parties entitled thereto. 2.7.2. If the Escrow is not in condition to close before the outside date for closing set forth in the Schedule of Performance, then either party who then shall have fully performed the acts to be performed hereunder may, in addition to all other legal or equitable remedies, in writing, terminate this DDA in the manner hereinafter set forth, and demand the return of its money, papers or documents. Thereupon all obligations and liabilities of the parties under this DDA shall cease and terminate in the manner hereinafter set forth. If neither the Agency nor the Developer shall have fully performed the acts to be performed in the Schedule of Performance, no termination or demand for return shall be recognized until ten (10) days after Escrow Holder shall have mailed copies of such demand to the other Party. If any objections are raised within the ten-day period, Escrow Holder is authorized to hold ail papers and documents with respect to the Property Purchase until instructed in writing by both the Agency and the Developer or upon failure thereof by a court of competent jurisdiction. If no such demands are made, the Escrow shall be closed as soon as possible. 2.7.3. Any amendment of these escrow instructions shall be in writing and signed by both the Agency and the Developer. At the time of any amendment, Escrow Holder shall agree to carry out its duties as escrow holder under such amendment. 2.7.4. All communications from the Escrow Holder to the Agency or the Developer shall be directed to the addresses and in the manner established in Section 7.3 of this DDA for notices, demands and communications between the Agency and the Developer. 2.7.5. The liability of the Escrow Holder under this DDA is limited to performance of the obligations imposed upon it under this Article 2, and any amendments hereto agreed upon by Escrow Holder. ARTICLE 3. REGULATORY AGREEMENT 3.1. Use: The Property shall be used solely for the construction, operation and maintenance of the Project, and for no other purpose. Thirteen (13) of the units shall be rented exclusively to persons or families of very low income whose incomes do not exceed fifty percent (50%) of area median income, and the remainder of the units (other than the manager's unit) shall be rented exclusively to persons or families of lower income whose incomes do not exceed 60% of area median income. All of the units (other than the manager's unit) shall be rented to Senior Citizens. 3.1.1 "Persons or families of very low or low income" means persons whose income do not exceed the amounts set forth in California Health and Safety Code Sections 50105 (very low income), 50079.5 (lower income) and 50093 (moderate income), for persons and families who have incomes not greater than the applicable percent of the area median income (adjusted for family size as appropriate for the Unit) for the very low or lower income categories. 11087~001\713019.3 8 3.1.1.1 "Area median income" shall mean the area median income for Riverside County as published by the Department of Housing and Community Development pursuant to California Health and Safety Code Section 50093. 3.1.1.2 "Affordable rent (including a reasonable utility allowance) for very low or lower income person" means the rent determined under California Health & Safety Code Section 50053(b) based upon area median income (adjusted for family size appropriate for the Unit) for the very low or lower income household, as amended from time to time. 3.1.1.3 The terms defined in this Subsection are further defined in Title 25 of the California Code of Regulations Section 6910, et seq., as from time to time amended, and any successor regulations thereto. The terms and provisions of California Health and Safety Code Sections 50093, 50105, 50079.5, and 50053 and Title 25 of the California Code of Regulations Section 6910, et seq., as amended, and any successor statutes or regulations thereto, are incorporated herein by this reference. 3.1.2 Annual Reports: the Developer will be required to provide annually to the Agency (i) an audited annual financial statement of the operations of the Project; and (ii) a rent roll and income recertification of all residents. 3.1.3 Budgets: the Developer will be required to obtain the Agency's approval, not to be unreasonably withheld, of the annual operating budget for the Project; 3.1.4 Senior Citizen: shall mean a person who shall be at least 55 years of age at the time of leasing of the unit. 3.1.5 Reserves: the Developer will be required to maintain replacement reserves satisfactory to the Agency, and will not be permitted to withdraw funds from the reserves without the Agency's approval, not to be unreasonably withheld; 3.1.6 Management: the Developer will be required to obtain the approval of the Agency, not to be unreasonably withheld, to the operating management of the Project, including the Developer. 3.1.7 Maintenance: the Developer will maintain the Project in good condition; 3.1.8 Costs of Operation: the Developer will be responsible for all costs of operating and maintaining the Project, including but not limited to taxes, insurance and utilities. 3.1.9 Insurance: the Developer will be required to maintain insurance coverage satisfactory to the Agency and naming the Agency as an additional insured. 3.1.10 Nondiscrimination: Provisions substantially the same as Sections 7.18 and 7.19 of this DDA. Section 3.2. Regulatory Agreement. The Regulatory Agreement shall include at least the following: 3.2.1 Term: 55 years 11087/,0001\713019.3 9 3.2.2 Use: The Property shall be used solely for the purposes described in Subsection 3.1. This covenant shall run with the land for the benefit oftbe Agency and the Project Area for the purpose of protecting the interest of the community, and shall be binding on the Developer and all successors in interest of the Developer. This covenant shall run in favor of the Agency without regard to whether the Agency has been, or is a holder of any land or interest in the Project Area. The Agency shall have the right, if such covenants are breached, to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of such covenants may be entitled, including, without limitation, specific performance, damages, and injunctive relief. The Agency shall have the right to assign all of its rights and benefits hereunder to the City. 3.2.3 Annual Reports: the Developer will be required to provide annually to the Agency the reports required under Subsection 3. !.2. 3.2.4 Budgets: the Developer will be required to obtain the Agency's approval, not to be unreasonably withheld, of the annual operating budget for the Project; 3.2.5 Reserves: the Developer will be required to maintain operating and replacement reserves satisfactory to the Agency, and will not be permitted to withdraw funds from the reserves without the Agency's approval, not to be unreasonably withheld; 3.2.6 Management: the Developer will be required to obtain the approval of the Agency, not to be unreasonably withheld, to the operating management of the Project, including the Developer. 3.2.7 Maintenance: the Developer will maintain the Project in good condition; 3.2.8 Nondiscrimination: Provisions substantially the same as Sections 7.18 and 7.19 of this DDA. Section 3.3. Condition of the Property. The Property shall be sold by the Agency to the Developer in "as is" condition, without representation or warranty, express or implied, and the Developer hereby releases the Agency from any and all liability or responsibility for the physical condition of the Property or any portion thereof, including without limitation any liability or costs that might be incurred by the Developer by reason of the presence of Hazardous Materials on the Property. If the Property is not in a condition suitable for its intended use or uses, then it is the sole responsibility and obligation of the Developer to take such action as may be necessary to place the Property in a condition suitable for development of the Project thereon. Without limiting the generality of the foregoing, THE AGENCY AND THE CITY MAKE NO REPRESENTATION OR WARRANTY AS TO THE MERCHANTABII.ITY OR FITNESS FOR PARTICULAR USE OF ANY OF THE PROPERTY BEING TRANSFERRED PURSUANT TO THIS AGRF~lvIENT. The Developer acknowledges that the Agency has made all disclosures and provided all notices to the Developer in accordance with Health and Safety Code Section 25359.7. ARTICLE 4. DEVELOPMENT OF THE PROPERTY Section 4.1. Development of the Project. The Developer shall construct the Improvements constituting the Project in accordance with the Scope of Development, any conditions of approval required by the City, the Plans and Specifications, the approved budgets and schedule of values, and all 11087X0001\713019.3 10 terms, conditions and requirements of this DDA, including the Schedule of Performance, it being agreed that construction of the Project in accordance with the Scope of Development and ail conditional use permits, conditions of approval, and all terms hereof, is of the essence of this DDA in view of the need for such Improvements within the City. In connection with such construction, the Developer shall comply with ail requirements of the City's Municipal Code, and any and all applicable federai, state and local laws, roles and regulations. Such construction shall be undertaken and completed within the time parameters set forth in the Schedule of Performance. Section 4.2. Cost of Construction. The cost of the Project shall be borne solely by the Developer. Section 4.3. Local, State and Federal Laws. The Developer shall carry out the development of the Project in conformity with all applicable laws, including ail applicable federal and state occupation, safety and health standards, including prevailing wage laws. Section 4.4. City and Other Governmental Agency Permits and Approvals. The Developer shail (at the Developer's expense) secure, or cause to be secured, any and ail permits which may be required by the City or any other governmental agency having jurisdiction over such construction or development. Section 4.5. Anti-discrimination During Construction. Throughout the Developer's ownership of the Property and the development of the Project, the Developer, for itself and its successors and assigns, agrees that it shail not discriminate against any employee or applicant for employment because of age, sex, marital status, race, handicap, color, religion, creed, ancestry, or nationai origin in any manner connection with the ownership, leasing or improvement of the Project. Section 4.6. Construction Schedule 4.6.1. Subject to the provisions of Section 7.12, the Developer shail begin and complete all construction within the times specified in the Schedule of Performance or such reasonable extension of said dates as may be granted by this DDA or by the Agency. The Schedule of Performance is subject to revision from time to time as mutuaily agreed upon in writing between the Developer and the Agency. 4.6.2. During the period of construction, the Developer shall submit to the Agency, from time to time, upon receipt of request from the Agency, 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 intemai reports of the Developer or for reports from the Developer's general contractor to the Developer. Section 4.7. Agency Sign Rights. Throughout the course of development of the Project, the Developer shail place a temporary sign on the Property, in a form approved by the Agency, indicating the Agency's participation in the development of the Property including individuai names of members of the Temecula Redevelopment Agency Board and Executive Director. Section 4.8. Rights of Access During Construction. For the purpose of assuring compliance with this DDA, representatives of the Agency shail have the reasonable right of access to the Property, without charges or fees, at normal construction hours during the period of construction for the purposes of inspecting the work being performed by the Developer in constructing the improvements. Such representatives shall comply with all safety roles and shail not interfere with or delay the construction of 11087~0001w13019.3 11 the Project. The Agency shall hold the Developer harmless from any injury or damages arising out of the activities of the Agency as referred to in this Section. Section 4.9. Certificate of Completion. 4.9.1. After completion of construction and development by the Developer of the Improvements on any Property, the Agency shall, promptly following written request by the Developer therefor, furnish the Developer with a Certificate of Completion. The Agency shall not unreasonably withhold the Certificate of Completion. Such Certificate of Completion shall be, and shall so state that it is, conclusive determination of satisfactory completion of all of the construction required by this DDA. 4.9.2. If the Agency refuses or fails to furnish a Certificate of Completion after written request from the Developer, the Agency shall, within thirty (30) days after the written request, provide the Developer with a written statement of the reasons the Agency refused or failed to furnish a Certificate of Completion. The statement shall also contain the Agency's opinion of the action the Developer must take to obtain a Certificate of Completion. If the reason for such refusal is confined to the immediate availability of specific items or material for non-material punch list items, and if the certificate of occupancy has been issued by the City, and if the costs of completion does not exceed $25,000.00, then the Agency will issue its Certificate of Completion upon the posting by the Developer with the Agency of a bond or other collateral in an amount representing the cost of completing the work not yet completed. 4.9.3. Such Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any holder of a mortgage, trust deed or other security instrument. Such Certificate of Completion shall not be construed as a notice of completion as described in California Civil Code Section 3093. Section 4.10. Limitation As To Transfer of the Property and Assignment of Agreement. The Developer acknowledges that the identity of the Developer's general partner is of particular concern to the Agency, and it is because of the such general partner's identity that the Agency has entered into this DDA with the Developer. No voluntary or involuntary successor in interest of the Developer's general partner shall acquire any rights or powers under this DDA without the consent of Agency. Except as expressly set forth herein, Developer shall not, until the expiration of 55 years after the issuance of the last Certificate of Occupancy for the Project, transfer its fee simple interest in the Property, the Project, this DDA or any of the Developer's rights hereunder, or any interest in the Property or in the improvements thereon, directly or indirectly, voluntarily or by operation of law, nor shall the Developer's general partner transfer or encumber, voluntarily or by operation of law, its interest in the Developer without the prior written approval of Agency; however, Developer may enter into space leases for Units. In considering whether it will grant approval to any transfer by Developer, Agency shall utilize its sole reasonable discretion, consider factors such as (i) whether the completion of the Project is jeopardized; (ii) the financial strength and capability of the proposed transferee to perform Developer's obligations hereunder; and (iii) the proposed transferee's experience and expertise in the planning, financing, development, ownership, and operation of similar real estate developments. It shall be deemed reasonable for the Agency to refuse to consent to a transfer based on any of the above referenced reasons. This prohibition on transfers shall not be deemed to prevent the (i) granting of easements or permits to facilitate the development of the Property, or (ii) any mortgage or deed of trust permitted by this DDA. 11087q}001\713019.3 12 In the event that this Section 4.10 is violated, the Agency shall have the cumulative options to terminate this DDA, and additionally to seek all remedies available at law or equity. 4.10.1. Transfer Without Consideration. Notwithstanding the provisions of Section 4.10, the Agency agrees it shall not unreasonably withhold consent to any transfer made by the Developer to a limited pannership in which David A. Ferguson and Corporation for Better Housing, are the general par'reefs, or a limited liability company in which David A. Ferguson and Corporation for Better Housing, is the managing members; provided, however, if such transfer occurs prior to the issuance of the Certificate of Completion, the Developer shall remain jointly and severally liable with such transferee for the performance of the Developer's obligations set forth in this DDA, and provided, further, that the transferee executes and delivers to Agency a written assumption of Developer's obligations to Agency under this DDA which is acceptable to Agency. Section 4.11. Security Financing; Rights of Mortgagees. 4.11.1. No Encumbrances Except Mortgages, Deeds of Trust, Conveyances or Other Conveyance for Financing Development. 4.11.1.1. Notwithstanding Section 4.13 or any other provision herein to the contrary, the TCAC Regulatory Agreement, if applicable, and mortgages required for any reasonable method of construction and permanent financing are permitted to encumber the Property, but only with the prior written approval of the Agency (which approval shall not unreasonably be withheld), and only for the purpose of securing loans of funds to be used for financing the direct and indirect costs of the Project (including reasonable and customary developer fees, loan fees and costs, and other normal and customary project costs). 4.11.1.2. The words "mortgage" and "deed of trust" as used herein include ail other appropriate modes of financing commonly used in real estate acquisition, construction and land development. 4.11.2. Notice of Default to Mortgagees; Right to Cure. Whenever the Agency shall deliver a notice or demand to the Developer with respect to any breach or default by the Developer in completion of development of the Project, the Agency shall at the same time deliver a copy of such notice or demand to the Mortgagee of any first mortgage, deed of trust or other security interest authorized by this DDA who has previously made a written request to the Agency for special notice hereunder. No notice of default to the Developer shall be effective against any such Mortgagee unless given to such Mortgagee. Such Mortgagee shall (insofar as the rights of the Agency are concerned) have the right, at its option, within 30 days after receipt of the notice, to cure or remedy any such default and to add the cost thereof to the security interest debt and the lien of its security interest. If such default shall be a default which can only be remedied or cured by the Mortgagee upon obtaining possession, such Mortgagee shall seek to obtain possession with diligence and continuity through a receiver or otherwise, and shall remedy or cure such default within a reasonable period of time as necessary to remedy or cure such default of the Developer. 4.11.3. Noninterference with Mortgagees. The provisions of this DDA do not limit the right of Mortgagees to foreclose or otherwise enforce any mortgage, deed of trust, or other security instrument encumbering the Property and the improvements thereon, or the right of Mortgagees to pursue any remedies for the enforcement of any pledge or lien encumbering the Property; provided, however, that in the event of a foreclosure sale under any such mortgage, deed of trust or other lien or 11087~0001\713019.3 13 encumbrance, or sale pursuant to any power of sale contained in any such mortgage or deed of trust, the purchaser or purchasers and their successors and assigns, and the Property, shall be, and shall continue to be, subject to all of the conditions, restrictions and covenants of this DDA and all documents and instruments recorded pursuant hereto. 4.11.4. Right of Agency to Cure Mortgage Default. In the event of a default or breach by the Developer of any mortgage, deed of trust, lease-back or other security instrument prior to the completion of the Improvements, the Agency may cure the default prior to completion of any foreclosure or other proceedings by which any other security interest is retained. The Agency shall be entitled to reimbursement from the Developer of alt costs and expenses incurred by the Agency in curing the default, including costs and expenses for the Agency's and the City's personnel. Such reimbursement obligation shall be added to the sums secured by the Deed of Trust. Any such lien shall be subject to mortgages, deeds of trust, or other security instruments executed for the sole purpose of obtaining funds to construct the Improvements and to finance such costs as authorized herein. Such lien may be foreclosed in the fashion provided by California Civil Code Section 2924e. The Agency's rights under this Section are in addition to and not in lieu of its other rights and remedies under this DDA. ARTICLE 5. FINANCING Section 5.1. Equity Commitments and Construction Loans. On or before the date set forth therefor in the Schedule of Performance, and as a condition precedent to the Agency's sale of the Property to the Developer, the Developer shall submit to the Agency, for approval by the Agency's Executive Director, evidence of financing for the Project. Evidence of financing shall include, at a minimum, evidence of a preliminary reservation for an allocation of tax credits from the California Tax Credit Allocation Committee and the commitment of investors to the Project in consideration for the Developer's transfer of such tax credits to the investors, the Developer's proforma and line-item budget showing that estimated development costs match adequate financing (including the source of financing), a copy of a commitment obtained by the Developer for a mortgage loan or loans to assist in financing the hard and soft costs of constructing the Improvements, and other evidence satisfactory to the Agency of sources of loans or capital, sufficient to demonstrate that the Developer has adequate funds to cover development and construction costs of the Project (including hard and soft costs), or to cover the difference, if any, between the amount of the development and construction costs and the amount of construction loan financing authorized by a mortgage loan. The terms and conditions of such commitments, and the identity of the construction lender, shall be subject to approval by the Agency's Executive Director, which approval may be granted or withheld in the Executive Director's reasonable discretion. In particular, the construction loan commitment shall provide for a sufficient term of the loan necessary for development of the Project consistent with the Schedule of Performance, plus additional time for reasonable delays, and shall not have discretionary contingencies, nor shall it contain an appraisal contingency, but it may include customary contingencies outside the lender's or the Developer's control (such as a contingency of the provision of the funds for the take-out loan or purchase commitment). The agreements with the investors may not provide for an initial fee payable to the agent or representative of the investors, but may provide for an annual asset management or comparable fee not greater than $5,000 per year, plus yearly adjustments for inflation, that does not continue for longer than 15 years from the date of the issuance by the Agency of a Certificate of Completion for the Project. Section 5.2. Agency Loan. 11087X~001\713019.3 14 5.2.1 General Terms. As a portion of the permitted financing, the Agency shall lend up to $2,615,000 (the "Agency Loan") to the Developer. The Agency Loan shall be evidenced by a loan agreement in the form of Exhibit D (the "Loan Agreement"), a promissory note in substantially the form attached hereto as Exhibit F (the "Agency Note") and secured by a deed of trust (the "Agency Deed of Trust"), in the form attached hereto as Exhibit G encumbering the Developer's interest in the Project, and other security instruments in the form and substance required by the Agency. The Loan Agreement, the Agency Note, the Agency Deed of Trust and the Regulatory Agreement are referred to herein as the "Agency Loan Documents". 5.2.2 Disbursement Procedures. As provided in an intercreditor agreement between the Agency and the primary construction lender, approved by the Developer, the proceeds of the Agency Loan shall be disbursed to a construction account in trust at such construction lender, which shall disburse the Agency's funds for construction costs in accordance with good construction practices and pursuant to a mutually acceptable cost breakdown. 5.2.2.1 The project construction shall be deemed complete when the developer shows evidence of the following: (i) That Developer or the contractor shall have recorded a statutory Notice of Completion; (ii) That all claims for labor and material have been paid, all mechanics lien releases received, and all warranties obtained; (iii) That no claims have been presented to Developer or Agency by any person, based upon any act or omission of the contractor; (iv) Thirty-five (35) days shall have lapsed since the recording of the Notice of Completion, and no mechanics liens or stop notices to withhold shall have been filed against said work or property prior to the expiration of such period, or such liens or notices shall have been released. In lieu of the latter, contractor may supply a bond, satisfactory to Agency, protecting Developer against any possible lien or stop notice; (v) That all work requiring a City building permit has a permit on file and has been inspected and signed-off by a City Building Inspector; and . (vi) That Developer and Agency shall have signed a Certificate of Completion indicating all work has been satisfactorily completed. Section 5.3. Subordination. The Agency agrees to subordinate the Regulatory Agreement and the Agency Loan to a construction loan and a permanent loan, on the following terms and conditions: 5.3.1. Construction Loan. The Construction Loan shall have the following terms: 5.3.1.1. the original principal amount (not including interest that may accrue thereon) shall be not less than $3,200,000.00. 5.3.1.2. interest shall accrue thereon at a rate that does not exceed a commercially reasonable rate, and loan fees and costs shall be commercially reasonable; 11087~0001W13019.3 15 5.3.1.3. the Construction Loan shall be provided by Bank of America, or another institutional lender; 5.3.1.4. the term of the Construction Loan shall be for at least twelve (12) months (exclusive of the Lender's right to accelerate the maturity in the event of a default); 5.3.1.5. the Construction Loan shall be secured by a first lien on the Property interest, which first lien shall be in the form and substance as required by the Construction Loan Lender; and 5.3.1.6. the Construction Loan shall have such other terms and conditions as are required by Lender making the Construction Loan and approved by the Agency's Executive Director. 5.3.2. Permanent Loan. The Permanent Loan shall have the following terms: 5.3.2.1. unless approved by the Agency Board in writing, the principal amount of the Permanent Loan shall not exceed the outstanding balance of the Construction Loan plus the Developer's equity, plus the commercially reasonable costs of originating the loan; 5.3.2.2. The Permanent Loan shall be provided by an institutional lender; 5.3.2.3. the original principal balance (exclusive of any interest accrued thereon) shall be not more than 95% of the fair market value of the Improvements as determined by the Lender making the Permanent Loan; 5.3.2.4. interest shall accrue thereon at a rate that does not exceed a commercially reasonable rate, and loan fees and costs shall be commercially reasonable; 5.3.2.5. the net operating income of the Property, as defined by the Lender making the Permanent Loan, will be equal to at least 1.15 times the scheduled debt service of the Permanent Loan, unless such loan is not available without the payment of fees, or points or without the establishment of reserves or the delivery of guarantees or other security other than such property, in which event such lower debt service coverage ratio, as permitted by the Lender making the loan, may be used; 5.3.2.6. the term of the Permanent Loan shall be for at least seventeen (17) years, with an amortization period of no fewer than thirty (30) years (exclusive of the Lender's right to accelerate the maturity in the event of a default); 5.3.2.7. the Permanent Loan shall be amortized over a period of not less than 25 years, provided however that the term of the Permanent Loan may expire prior to the full amortization of the Permanent Loan with a lump sum payment for the unpaid principal balance due at its maturity; 5.3.2.8. the Permanent Loan shall have such additional terms and conditions as are required by the Lender making the Permanent Loan and approved by the Agency's Executive Director. 11087~0001\713019.3 16 Section 5.4 Developer Fee. In no event shall Developer pay to itself or receive, directly or indirectly, a developer fee in excess of $706,000 for or in connection with the Project, whether from loan funds or otherwise. Section 5.5. TCAC Regulatory Agreement. If the Developer is obtaining investors through the sale of low income tax credits, then the Agency agrees to subordinate the Regulatory Agreement and the Agency Loan to a TCAC Regulatory Agreement on customary terms as approved by the Agency's Executive Director. The Regulatory Agreement shall be subordinate to the TCAC Regulatory Agreement, and compliance with the TCAC Regulatory Agreement shall be deemed compliance with the Regulatory Agreement to the extent the TCAC Regulatory Agreement is more restrictive than the Regulatory Agreement. In case of conflict between the Regulatory Agreement and the TCAC Regulatory Agreement, the Developer shall comply with the more restrictive terms. ARTICLE 6. EVENTS OF DEFAULT, REMEDIES AND TERMINATION Section 6.1. Defaults--Definition. Occurrence of any or all of the following shall constitute a default ("Default") under this DDA: 6.1.1. The Developer's failure to commence construction of the Improvements, or to complete construction of the Improvements in accordance with the time parameters set forth in the Schedule of Performance, subject to Section 7.12 hereof; or 6.1.2. A violation of Section 4.10 of this DDA; or 6.1.3. The suspension of work on the Improvements, for a period a period of 15 consecutive days, subject to Section 7.12 hereof; or 6.1.4. The Developer's neglect, failure or refusal to keep in force and effect any permit or approval with respect to development of the Project or any policy of insurance required hereunder, and the Developer's failure to cure such breach within 10 days after written notice from the Agency of the Developer's breach; 6.1.5. Filing of a petition in bankruptcy by or against the Developer or appointment of a receiver or trustee of any property of the Developer, or an assignment by the Developer for the benefit of creditors, or adjudication that the Developer is insolvent by a court, and the failure of the Developer to cause such petition, appointment, or assignment to be removed or discharged within 90 days; 6.1.6. Subject to the provisions of Section 7.12 hereof, the Developer's failure to perform any requirement or obligation oi~ Developer set forth herein or in the Schedule of Performance not heretofore described on or prior to the date for such performance set forth herein or in the Schedule of Performance, and the failure of the Developer to cure or perform such obligation or requirement within 15 days after written notice of such delinquency. 6.1.7. A "default" by Developer occurs under the Loan Agreement. 11087K~001\713019.3 17 Section 6.2. Remedies in the Event of Default. 6.2.1. Remedies. In the event of a Default under this DDA, the non-defaulting Party shall, have the right to terminate this DDA by delivering written notice thereof to the defaulting Party and to Escrow Holder, and the non-defaulting Party may seek against the defaulting Party any available remedies at law or equity, including but not limited to the right to receive compensatory damages or to pursue an action for specific performance. 6.2.2. Liberal Construction. The rights established in this Article are to be interpreted in light of the fact that the Agency will convey the Property to the Developer for development and operation of the Project thereon and not for speculation in undeveloped land or for construction of different improvements. The Developer acknowledges that it is of the essence of this DDA that the Developer is obligated to complete all Improvements comprising the Project. Section 6.3. No Personal Liability. No representative of the Agency shall personally be liable to the Developer, or any successor in interest of the Developer, in the event of any Default or breach by the Agency, or for any amount which may become due to the Developer, or any successor in interest, on any obligation under the terms of this DDA. Section 6.4. Legal Actions. 6.4.1. Institution of Legal Actions. Any legal actions brought pursuant to this DDA must be instituted in the County of Riverside, State of California. 6.4.2. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this DDA. 6.4.3. Acceptance of Service of Process. If any legal action is commenced by the Developer against the Agency, service of process on the Agency shall be made by personal service upon the executive director or secretary of the Agency, or in such other manner as may be provided by law. If any legal action is commenced by the Agency against the Developer, service of process on the Developer shall be made by personal service upon the Developer, or in such other manner as may be provided by law, whether made within or without the State of California. Section 6.5. Rights and Remedies are Cumulative. Except as otherwise expressly stated in this DDA, the rights and remedies of the pmties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or any other default by the other party. Section 6.6. Inaction Not a Waiver of Default. Except as expressly provided in this DDA to the contrary, any failures or delays by either 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 pazty of its rights to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. ARTICLE 7. GENERAL PROVISIONS Section 7.1. Insurance. 11087X0001\713019.3 18 7.1.1. Throughout development of the Project, the Developer shall take out and maintain, at no cost or expense to the Agency, with a reputable and financially responsible insurance company reasonably acceptable to the Agency, comprehensive broad form general public liability insurance, insuring the Developer and the Agency against claims and liability for bodily injury, death, or property damage arising from the use, occupancy, condition, or operation of the Property and the Improvements thereon, which insurance shall provide combined single limit protection of at least $4,000,000, and include contractual liability endorsement. Such insurance shall name the City and the Agency and their members, officers, employees, and servants, as additional insureds. 7.1.2. Before commencement of any demolition or construction work on the Property, or any portion thereof, the Developer shall also procure or cause to be procured, and shall maintain in force until completion of said work (i) "all risk" builder's risk insurance, including coverage for vandalism and malicious mischief, in a form and amount and with a company reasonably acceptable to the Agency, and (ii) workers' compensation insurance covering all persons employed in connection with work on the Property, or any portion thereof. Said builder's risk insurance shall cover improvements in place and all material and equipment at the job site furnished under contract, but shall exclude contractors', subcontractors', and construction managers' tools and equipment and property owned by contractors' and subcontractors' employees. 7.1.3. The Developer shall also furnish or cause to be furnished to the Agency evidence satisfactory to the Agency that any contractor with whom it has contracted for the performance of work on Property or otherwise pursuant to this DDA carries workers' compensation insurance as required by law. 7.1.4. With respect to each policy of insurance required above, the Developer shall furnish a certificate of insurance countersigned by an authorized agent of the insurance carrier on the insurance carrier's form setting forth the general provisions of the insurance coverage. The required certificate shall be furnished by the Developer prior to commencement of development of the Project. 7.1.5. All such policies required by this Section shall be nonassessable and shall contain language to the effect that (i) the policies cannot be canceled or materially changed except after thirty (30) days' written notice by the insurer to the Agency, and (ii) the Agency shall not be liable for any premiums or assessments. All such insurance shall have deductibility limits reasonably satisfactory to the Agency. Agency shall be named as loss payee on all casualty insurance. Section 7.2. Indemnity. The Developer shall indemnify, defend, protect, and hold harmless the Agency and the City and any and all agents, employees and representatives of the Agency and the City, from and against all losses, liabilities, claims, damages (including consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out-of-pocket litigation costs and reasonable attorney's fees) and demands of any nature whatsoever, related directly or indirectly to, or arising out of or in connection with: (i) the Property; (ii) any breach or Default of the Developer hereunder, (iii) any of the Developer's activities on the Property (or the activities of the Developer's agents, employees, lessees, representatives, licensees, guests, invitees, contractors, subcontractors, or 11087x1~01\713019.3 19 independent contractors on the Property), including without limitation the construction of any Improvements on the Property, or (iv) any other fact, circumstance or event related to the Developer's performance hereunder, or which may otherwise arise from the Developer's ownership, use, possession, improvement, operation or disposition of the Property, regardless of whether such losses and liabilities shall accrue or are discovered before or after termination or expiration of this DDA, except to the extent such losses or liabilities are caused by or contributed by the negligent or intentionally wrongful act of the Agency. Section 7.3. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery or (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: Agency: with a copy to: Developer: Redevelopment Agency of City of Temecula 43200 Business Park Drive Temecula, California 92589 Attn: Redevelopment Director John R. Meyer AICP (Telephone: (909) 694-6412) (Fax: (909) 693-3903) Richards, Watson & Gershon A Professional Corporation 333 South Hope Street, 38th Floor Los Angeles, California 90071 Attention: Peter Thorson (Telephone: 213-626-8484) (Fax: 213-626-0078) (e-mail: pthorson@rwglaw.com) David Ferguson and Corporation for Better Housing 15490 Ventura Blvd. Suite 210 Sherman Oaks, California 91403 Attention: David A. Ferguson (Telephone: 818-905-2430) (Fax: 818-905 -2440) (e-mall: kavigem@aol.com) 11087~0001\713019.3 20 Escrow Holder: First American Title Insurance Company 3625 Fourteenth Street Riverside, California 92501 Attention: Debbie Newton, Escrow Officer (Telephone: 909-787-1700) (Any e-mail addresses set forth above are for convenience only and notices shall not be deemed delivered if sent by e-mail only.) Section 7.4. Construction. The Parties agree that each Party and its counsel have reviewed and revised this DDA and that any rote of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this DDA or any amendments or exhibits thereto. Section 7.5. Limitation on Applicability of this DDA to the City and the Agency. The Developer acknowledges and agrees that the City shall be bound hereby only to the extent any obligations specifically name and refer to the City, and the City shall not be liable for any breach or default of the Agency in the performance of the Agency's obligations hereunder. Moreover, the Developer acknowledges and agrees that the Agency shall not be liable for any breach or default of the City in the performance of any obligations specifically naming and attributable to the City hereunder. The obligations of the City and the Agency are several. Section 7.6. Agency's Warranties. The Agency warrants and represents to the Developer as follows: 7.6.1. The provisions hereof applicable to the Agency constitute the valid and binding agreement of the Agency and are enforceable in accordance with their terms. 7.6.2. The Agency is a redevelopment agency duly formed and in good standing and has full power and authority to execute and enter into this DDA and to consummate the transactions contemplated hereunder. Neither the execution nor delivery of this DDA, nor the consummation of the transactions covered hereby, nor compliance with the terms and provisions hereof, shall conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default under, any agreement or instrument to which the Agency is a party. Section 7.7. Developer's Warranties. The Developer warrants and represents to the City and the Agency as follows: 7.7.1. That Corporation for Better Housing is a 501(c) 3 not for profit corporation and that it and Developer are duly formed and in good standing and have full power and authority to execute and enter into this DDA and to consummate the transactions contemplated hereunder. This Agreement constitutes the valid and binding agreement of the Developer, enforceable in accordance with its terms. Neither the execution nor delivery of this DDA, nor the consummation of the transactions covered hereby, nor compliance with the terms and provisions hereof, shall conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default under, any agreement or instrument to which the Developer is a party. 11087~0001\713019.3 21 7.7.2. The Developer has inspected the Property and is familiar with all aspects of the Property and its condition, and accepts such condition. 7.7.3. The Developer has not paid or given, and will not pay or give, to any third person, any money or other consideration for obtaining this DDA, other than normal costs of conducting business and costs of professional services such as architects, engineers and attorneys. 7.7.4. No commission or fee whatsoever is payable to any person, firm, corporation, partnership or other entity in connection with the transactions contemplated by this DDA due to the acts of the Developer. The Developer has used no broker, agent, finder or other person in connection with the transaction contemplated hereby to whom a brokerage or other commission or fee may be payable. Section 7.8. Interpretation. In this DDA the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association where ever the context so requires. Section 7.9. Time of the Essence. Time is of the essence of this DDA. Section 7.10. Attorneys' Fees. ff any Party brings an action to enfome the terms hereof or declare its rights hereunder, the prevailing Party in any such action shall be entitled to its reasonable attorneys' fees to be paid by the losing Party as fixed by the court. If either the City or the Agency, without fault, is made a party to any litigation instituted by or against the Developer, then the Developer shall defend the City and the Agency against and save the City and the Agency harmless from ail costs and expenses including reasonable attorney's fees incurred in connection with such litigation. Section 7.11. Memorandum of Agreement. This Agreement shall not be recorded. A memorandum of this DDA, in the form attached hereto as Exhibit H shall be recorded with the County Recorder of the County of Riverside. Section 7.12. Force Majeure. In addition to specific provisions of this DDA, delay in performance by either party hereunder shall not be a Default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; severe weather; or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause, if the party claiming such extension gives notice of the delay within 10 days after the commencement of the cause. If, however, the party claiming such extension fails to give such notice within 10 days after the commencement of the cause, the period shall commence to run only 10 days prior to the giving of such notice. Times of performance under this DDA may be extended in writing by the Agency and the Developer. Section 7.13. Inspection of Books and Records. The Agency shall have the right at all reasonable times to inspect the books and records of the Developer pertaining to the Project as pertinent to the purposes of this DDA. Section 7.14. Plans and Data. If the Developer does not proceed with the acquisition of the Property or development of the Project or if this DDA is terminated for any reason, the Developer shall, subject to any rights provided by the Developer to its construction lender, deliver to the Agency, without 11087~0001\713019.3 22 cost or expense to the Agency, copies of any and all maps, architecture, engineering, subdivision approvals, permits, entitlements, rights, contracts, plans, drawings, studies, designs, reports, surveys, and data pertaining to the Project and their development (collectively, "Site Designs") which are in the possession of the Developer, together with a Bill of Sale therefor, which Site Designs shall, subject to any rights thereto provided by the Developer to its construction lender, thereupon be the sole property of the Agency and may be used by the Agency, free of all claims or interests of Developer or any other person, other than the interest therein held by Developer's construction lender, whose interest shall be superior to that of Agency in the Site Designs; and which Agency may use, grant, license or otherwise dispose of to any person for development of the Project or any other purpose. Section 7.15. Developer's Private Undertaking. The development covered by this DDA is a private undertaking. It is hereby acknowledged that the relationship between the Agency and the Developer is not that of a pannership, joint venture, or any form of business organization, and that the Agency and the Developer shall not be deemed or construed for any purpose to be the agent of the other. Section 7.16. Entire Agreement, Waivers and Amendments. This Agreement, together with all attachments and exhibits hereto, constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to the subject matter hereof. No subsequent agreement, representation or promise made by either Party hereto, or by or to any employee, officer, agent or representative of either Party, shall be of any effect unless it is in writing and executed by the Party to be bound thereby. No person is authorized to make, and by execution hereof the Developer and the Agency acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein shall be valid or binding on the Developer or the Agency. Section 7.17. Severability. Each and every provision of this DDA is, and shall be construed to be, a separate and independent covenant and agreement. If any term or provision of this DDA or the application thereof shall to any extent be held to be invalid or unenforceable, the remainder of this DDA, or the application of such term or provision m circumstances other than those to which it is invalid or unenforceable, shall not be affected hereby, and each term and provision of this DDA shall be valid and shall be enforced to the extent permitted by law. Section 7.18. Obligation to Refrain from Discrimination. The Developer covenants and agrees for itself, its successors and assigns, and for every successor in interest to the Property or any part thereof, that there shall be no discrimination against or segregation of any person, or group of persons, on account of sex, marital status, age, handicap, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, and the Developer (itself or any person claiming under or through the Developer) shall not establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Property or any portion thereof. Section 7.19. Form of Nondiscrimination and Nonsem'e~,ation Clauses. The Developer shall refrain from restricting the rental, sale or lease of the Property or any portion thereof, on the basis of sex, age, handicap, marital status, race, color, religion, creed, ancestry or national origin of any person. All deeds, leases and contracts relating to the sale or transfer of the Property or any interest therein, shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 11087~0001\713019.3 23 1. In deeds: "The grantee herein covenants by and for himself, his heirs, executors, administrators and assigns, and ail persons claiming under or through them, that there shail be no discrimination against or segregation of, any person or group of persons on account of sex, marital status, race, age, handicaps color, religion, creed, national origin or ancestry in the saie, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land. 2. In leases: ''The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: 'That there shall be no discrimination against or segregation of any person or group of persons on account of sex, maritai status, race, age, handicap, color, religion, creed, nationai origin or ancestry, in the leasing, subleasing, transferring, use, or enjoyment of the land herein leased, nor shail the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy, of tenants, lessees, sublessees, subtenants or vendees in the land herein leased.'" 3. In contracts relating to the sale or transfer of the Property or any interest therein: 'Where shail be no discrimination against or segregation of any person or group of persons on account of sex, marital status, race, age, handicap, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shail the transferee himself or any person claiming under or through him, establish or permit any such practice or practices of discrminafion or segregation with reference to the selection, location, number, use or occupancy, of tenants, lessees, subtenants, sublessees or vendees of the land." Section 7.20. Effect and Duration of Covenants. Following construction of the Project in accordance with this DDA, each of the rights, duties and obligations of the Developer and the Agency shail be deemed to have been satisfied under this DDA, and the Developer and its successors in interest to the Property shail have no further obligations with respect to the matters provided for in this DDA with the exception of (i) the indemnity obligation of Developer hereunder; and (ii) the following, each of which shall be set forth in particularity in any document of transfer or conveyance by the Developer: (1) The Redevelopment Plan, which shall remain in effect until expiration of the Redevelopment Plan, as the same may be extended from time to time; (2) The obligations of the Developer under the Regulatory Agreement and the Agency Loan Documents; (3) The anti-discrimination and nonsegregation requirements set forth in Sections 7.18 and 7.19, which shall remain in effect in perpetuity; and (4) Easements to the Agency, City or other public agencies for utilities existing as of the execution of this DDA, which shail remain in effect according to their terms. 11087~0001\? 13019.3 24. Section 7.21. Survival. The provisions hereof shall not terminate but rather shall survive any conveyance hereunder and the delivery of all consideration. IN WITNESS WHEREOF, the Parties have entered into this agreement as of the day and year first above written. 28500 PUJOL STREET, L.P., a California limited partnership ("Developer") By: David A. Ferguson, an individual, its Administrative General Partner By: Corporation for Better Housing, a California corporation, its Managing General Partner By: Charles Bmmbaugh Executive Director TEMECULA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency") ATTEST: By: Ron Roberts, Chairperson Susan Jones, CMC Agency Secretary APPROVED AS TO FORM: Richards, Watson & Gershon By: Peter M. Thorson, Agency Counsel 11087~0001~713019.3 25 EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Legal Description -- the Property Scope of Development Schedule of Performance Form of Loan Agreement Form of Regulatory Agreement Form of Agency Note Form of Agency Deed of Trust Form of Memorandum of Agreement Form of Certificate of Completion 11087~0001\?13019.3 26 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY [Attached.] 11087~0001\713019.3 A-1 ORDER NO 10212831-9 EXHIBIT "A" PARCEL 1: THE NORTHWESTERLY 170 FEET OF THE NORTHWESTERLY HALF OF THAT TRACT OF LAND, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FORMERLY USED AS A RAILROAD RIGHT OF WAY AND STATION GROUNDS OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL, ET AL, BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, 27, AS SHOWN BY MAP OF TEMECULA ON FILE IN BOOK 15 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; IN BLOCK PAGE 726 THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1 IN BLOCK 36 AS SHOWN BY SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, IN BLOCK 37, AS SHOWN ON SAID MAP; THENCE NORTHEASTERLY, IN A STRAIGHT LINE, TO THE MOST WESTERLY CORNER OF LOT 22 IN BLOCK 25, AS SHOWN ON SAID MAP; THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF BEGINNING; EXCEPT THE NORTHWESTERLY 70 FEET. ALSO EXCEPT THE NORTHEASTERLY 125 FEET AS MEASURED FROM THE SOUTHWESTERLY LINE OF RIVER STREET. PARCEL 2: THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 255 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: --4-- ORDER NO 10212831-9 BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27, AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP; THENCE NORTHEASTERLY, ON A STRAIGHT LINE, TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 AS SHOWN BY SAID MAP; THENCE SOUTHEASTERLY, IN A STRAIGHT LINE TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL STREETS, AS SHOWN BY SAID MAP. PARCEL 3: THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 340 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27, AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37 AS SHOWN ON SAID MAP; THENCE NORTHEASTERLY IN A STRAIGHT LINE TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 ON SAID; THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL STREETS, AS SHOWN BY SAID MAP. -5- ORDER NO 10212831-9 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 2. 3. 4. NO TAXES DUE NO TAXES DUE NO TAXES DUE THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICT AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. THE TERMS, COVENANTS AND PROVISIONS OF THE INSTRUMENT EXECUTED BY AND BETWEEN KACOR REALTY, INC. AND RANCHO CALIFORNIA WATER DISTRICT, RECORDED MAY 7, 1979 AS INSTRUMENT NO. 92330, OFFICIAL RECORDS. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. AN AGENCY AGREEMENT DATED MARCH 29, 1979 BY AND BETWEEN KACOR REALTY INC. AND RANCHO CALIFORNIA WATER DISTRICT WHEREIN IT IS AGREED THAT SAID DISTRICT IS DESIGNATED AS EXCLUSIVE AGENCY FOR THE EXTRACTION, DIVERSION, STORAGE, BLENDING AND DISTRIBUTION OF ALL LOCAL WATER, RECORDED MAY 7, 1979 AS INSTRUMENT NO. 92330 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. NOTE: PLEASE BE ADVISED THAT WE DO NOT FIND ANY OPEN DEEDS OF TRUST OF RECORD. IF YOU SHOULD HAVE KNOWLEDGE OF ANY OUTSTANDING OBLIGATION, PLEASE CONTACT THIS OFFICE IMMEDIATELY FOR FURTHER REVIEW. -6- ORDER NO 10212831-9 10. WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: ALL PARTIES TO THIS TRANSACTION (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.) -7- EXHIBIT B SCOPE OF DEVELOPMENT [Attached.] 11087~0001\713019.3 B-1 EXHIBIT "B" SCOPE OF DEVELOPMENT (PUJOL STREET SENIOR HOUSING; TEMECULA) The Development comprises 65 units of affordable housing for seniors and one manager's unit. The one-bedroom units are organized in approximately 6 two-story buildings. The project will include a community/recreation room, a swimming pool, on- site office and landscaped grounds, security gates; block walls and a retaining wall will enclose the site. Forty-seven parking spaces are provided for the use of residents and their guests. A centrally located trash pick-up area is provided. An existing blue water channel which traverses the site will be rerouted in a concrete drainage pipe to discharge towards the river. The rear yard areas to the habitat for humanity neighboring homes will be donated to those properties and a lot line adjustment will be processed. The buildings' aesthetic includes stucco and wood siding and asphalt shingle roofs. Private balconies or patios with storage closets are included. The Development will be financed with low income housing tax credits, a City of Temecula low interest "Residual Receipts" loan and conventional construction and permanent financing. The approximately 2.5 acre site will be conveyed to the Developer following approval by the Agency of the DDA on January 14, 2003 (and upon completion of due diligence and other conditions as provided in, and subject to, the DDA). 11087~000B717501.1 EXHIBIT C SCI4F. DULE OF PERFORMANCE [Attached.] 11087~0001\713019.3 C-1 Project Development Schedule Corporation for Better Housing 2. 3. 4. 5. 6. 7. 8. 9. ACTION Execution of Redevelopment Agreements Submission of Plans for City Approval Demonstrate Evidence of Construction Financing Close Escrow on Property Close Construction and Bond Financing Receive Building Permits Commence Construction Commence Marketing Receive Release of Utilities for all Units DATE On or Before January 14, 2003 On or Before June 30, 2003 On or Before July 15, 2003 On or Before July 25, 2003 On or Before July 25, 2003 On or Before July 31, 2003 On or Before August 1, 2003 On or Before November 1, 2003 Within Eight Months (8) of issuance of building permits R:~Housing 2~02\CBHProject Development Schedule.doc EXHIBIT D FORM OF LOAN AGREEMENT [Attached.] 11087~0001\713019.3 D-1 CONSTRUCTION LOAN AGREEMENT This CONSTRUCTION LOAN AGREEMENT (this "Loan Agreement") is made and entered into effective as of the day of ,2003 (the "Effective Date"), by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Agency"), and 28500 PUJOL STREET, a California limited partnership ("Borrower"). RECITALS A. Pursuant to that certain Disposition and Development Agreement dated ,2003 between Agency and Borrower (the "DDA"), Agency has agreed to convey to Borrower that certain real property at 28500 Pujol Street located in the Temecula Redevelopment Project Area No. 1988-1 (the "Project Area"), in the City of Temecula, County of Riverside, State of California, and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). B. The purpose of this Loan Agreement is to further the Agency's affordable housing goals in the City of Temecula (the "City") by facilitating the construction of sixty-six (66) one- bedroom senior garden apartments (each, a "Unit" and collectively, the "Units") on the Property and thereby increase the supply of affordable housing in the City (the "Project"). C. The Agency desires to lend and the Borrower has agreed to borrow from the Agency the sum of up to $2,615,000.00 for construction of the "Improvements" (as defined below) that will be part of the Project described herein. D. The Project is in the best and vital interests of Agency and the City, and the health, safety and welfare of the residents and taxpayers in the City, and is in accord with the public purposes and provisions of applicable state and local laws. Completion of the Project will eliminate significant blight in the community as required by the Housing Element of the General Plan and the Redevelopment Implementation Plan for the Project Area. NOW, THEREFORE, THE AGENCY AND THE BORROWER AGREE AS FOLLOWS: 1. Fundamental Provisions. (a) Amount of Loan: $2,615,000.00. (b) Borrower's Address for Notices: c/o Corporation for Better Housing 15490 Ventura Boulevard, Suite 210 Sherman Oaks, California 91403 Attention: David A. Ferguson Telephone: (818) 905-2430 Telecopier: (818) 905-2440 11087M)001\715149.3 -1- 2. Loan Agreement. (a) Agency hereby agrees to lend to Borrower, and Borrower agrees to borrow, on the terms and conditions set forth herein, the amount set forth in Section 1.(a), above (the "Loan"). The Loan may also include any additional advances of the Agency in excess of the amount set forth in Section 1 (a) above. The Loan to Borrower shall be evidenced by and conditioned upon Borrower's execution of: (i) this Loan Agreement; (ii) a promissory note in form and substance acceptable to the Agency in the Agency's sole and absolute discretion (the "Promissory Note"); (iii) a Regulatory Agreement; (iv) a Deed of Trust, Security Agreement and Fixture Filing (with Assignment of Rents); and (v) such other documents as the Agency may require in the Agency's sole and absolute discretion (collectively, the "Loan Documents"). (b) The Loan shall be non-interest bearing until the issuance of a Certificate of Occupancy for the Project, at which time interest at the rate of three percent (3%) per annum (the "Interest Rate"), compounded, will accrue on the principal under the Promissory Note. Notwithstanding any other provision to the contrary herein, the entire outstanding principal balance shall be due and payable upon the fifty-fifth (55th) anniversary of the date of the Promissory Note. Fifty percent (50%) of all Residual Receipts (as defined in the DDA) for each calendar month shall be paid to Agency on the day of the following calendar month for application first to accrued interest (if any) then to principal under the Loan. Any interest that is not paid shall accrue and all accrued interest shall be added to principal on each anniversary of the Promissory Note and shall thereafter bear interest at the Interest Rate. In the event of any inconsistency between the terms of this Loan Agreement and the terms of the Promissory Note, the terms of the Promissory Note shall control. (c) The Loan may be prepaid, in whole or in part, without penalty. Borrower shall have no right to re-borrow any such prepaid amounts. 3. Use of Proceeds. Borrower shall use Loan proceeds for the sole purpose of paying the $434,000 purchase price for the Property and for the cost of developing and constructing the improvements (the "Improvements") described in Exhibit "B" attached hereto and incorporated herein by this reference (the "Scope of Development"). 4. Cost Breakdown. On or before , Borrower shall deliver to Agency a cost breakdown for the Improvements ("Improvements Cost Breakdown") showing the costs of the Improvements for which the Agency's Loan will be used ("Improvement Costs"). Borrower shall fuaher identify whether any funds will be used for the payment of architects fees, labor, materials, subcontracts, or other services to principals or affiliates of Borrower. For purposes hereof, "Affiliates of Borrower" shall include, without limitation, the principals, members and partners of the Borrower, their respective shareholders and family members, and any other entity controlled by, controlling or under common control with the Borrower. Borrower shall also deliver to the Agency a cost breakdown for the entire Project (the "Cost Breakdown"). Borrower shall further d~liver to the Agency copies of plans and specifications in sufficient detail to allow the Agency to confirm that the funds available for construction of the Improvements (whether from the Agency or the Borrower's other construction lender) are sufficient to complete the Project and the Improvements. 11087~0001\715149.3 -2- 5. Conditions to Closing. As a condition precedent to the Agency's obligation to disburse Loan funds, Borrower shall hand the Agency the following documents, items and funds, together with any additional documents, instruments and funds necessary to comply with this Loan Agreement. Borrower shall: (a) execute and deliver all Loan Documents; (b) present satisfactory proof of necessary insurance as more fully described in Section 22 of this Loan Agreement; (c) present satisfactory proof of adequate financing commitments for the development and construction of the Improvements constituting the Project; (d) deliver to Agency copies of plans and specifications and permits for the Project, which plans and specifications shall be subject to Agency's review to confirm adequacy of financing for completion of the Improvements; (e) not otherwise be in breach of Borrower's obligations to the Agency; (f) cause First American Title Insurance Company (the "Title Company") to issue at Borrower's cost an ALTA lender's policy of title insurance in the amount of the Loan, insuring the lien of the Deed of Trust, in such form and with such endorsements and title exceptions as shall be reasonably acceptable to Agency. (g) satisfy all other conditions to closing in Section 2.6 of the DDA. 6. Disbursement Procedures. Agency, or its authorized agents, shall distribute the Loan proceeds to the Borrower's construction lender pursuant to an intercreditor agreement acceptable to and executed by the Agency which provides for distribution of the proceeds of the Agency Loan and the senior construction loan to Borrower's contractors subject to normal construction disbursement conditions. 7. Construction Reports. Borrower agrees monthly to deliver or cause to be delivered to Agency and any party designated by the Agency a project summary report detailing the status of the Project, including percentage of completion by phase and budget category, pementage of funds expended to date (including sums for which reimbursement is being sought), description of third party defaults, and any deviations in budget or time schedules. 8. Completion of Construction. (a) Borrower agrees to commence and complete construction of the Project in accordance with a schedule of performance (the "Schedule of Performance") which is reasonably approved by the Agency. Within thirty (30) days after the Effective Date [?], the Borrower shall provide the Agency with a proposed Schedule of Performance. Upon the Agency's receipt of the Schedule of Performance, the Agency shall have thirty (30) days to approve or object to the same. Upon the Agency's written approval of the Schedule of Performance, the Agency and the Borrower shall attach the Schedule of Performance to this 11087~0001\715149.3 -3- Loan Agreement as Exhibit "D." Any prevention, delay or stoppage in the work resulting from acts of God, war, inclement weather or other matters or causes beyond the control of Borrower shall extend the time in which this Loan Agreement requires certain acts to be performed (but not acts requiring the payment of money or the obtaining of financing) for a period or periods equal to any such prevention, delay or stoppage, provided that Borrower provides written notice to the Agency describing the force majeure event causing the delay, but in no event shall the amount of all extensions exceed one hundred twenty (120) days in the aggregate. 9. Management of Property (a) Manager. The Property shall at all times be managed by an experienced manager (the "Manager") reasonably acceptable to the Agency, with demonstrated ability to operate residential common interest developments like the Property in a manner that will provide decent, safe, and sanitary housing, all pursuant to the Management Plan. The Management Plan shall be complied with for the term of the Loan. The Borrower shall submit for the Agency's approval the identity of any proposed Manager. The Borrower shall also submit such additional information about the background, experience and financial condition of any proposed Manager as is reasonably necessary for the Agency to determine whether the proposed Manager meets the standard for a qualified Manager set forth above. If the proposed Manager meets the standard for a qualified Manager set forth above, and the Agency approves the Management Plan, the Agency shall approve the proposed Manager by notifying Borrower in writing. (b) Performance Review. The Borrower shall cooperate with the Agency in an annual review of management practices, in connection with which the Agency shall have the right to review and approve the annual operations and management budget; provided, however, that the Agency reserves the right to conduct reviews more frequently at its sole discretion. The purpose of each annual review will be to enable the Agency to determine if the Property is being operated and managed in accordance with the requirements and standards of this Agreement. (c) Replacement of Manager. (i) If, as a result of the annual review, the Agency determines in its reasonable judgment that the Property is not being operated and managed in accordance with any of the requirements and standards of this Loan Agreement, the Agency shall deliver notice to the Borrower of its intention to cause replacement of the Manager. Within fifteen (15) days of receipt by the Borrower of such written notice, the Agency and the Borrower shall meet in good faith to consider methods for improving the financial and operating status of the Property, including, without limitation, replacement of the Manager. (ii) If, after such meeting, the Agency elects to proceed with the replacement of the Manager, the Agency shall so notify the Borrower in writing within fifteen (15) days following the meeting. Thereupon, the Borrower shall promptly dismiss the then Manager, and shall appoint as the Manager a person or entity meeting the standards for a Manager set forth in this section and approved by the Agency pursuant to this section. Agency shall have the right to disapprove the replacement Manager within thirty (30) days, and in such 11087~0001W15149.3 4- case Borrower shall promptly dismiss the replacement Manager, and Agency may, at its option, appoint the Manager. (iii) Any contract for the operation or management of the Property entered into by the Borrower shall provide that the contract can be terminated as set forth above. Nothing contained herein shall be construed as a limitation on any other provision herein entitling Agency to replace the Manager under any other cimumstances. (d) The Borrower agrees that the improvements situated on the Property shall be preserved and maintained throughout the term hereof in good condition and repair so as to provide decent, safe, and sanitary housing, and in conformance with all applicable ordinances, statutes and regulations promulgated by any governmental entity having jurisdiction over the Property. 10. Mechanic's Liens. In the event of the filing of a lien notice or the recording of a mechanic's lien pursuant to applicable law of the State of California relating to works of improvement upon mai property, Agency may summarily refuse to honor any requests for payment pursuant to this Loan Agreement until Borrower furnishes to Agency either a release or a bond causing such notice or lien to be released. If the Borrower falls to deliver such release or bond within ten (10) days of notice from Agency to do so, such failure shall at the option of Agency constitute a default under the terms of this Loan Agreement. 11. Stop Notices. In the event of the filing with the Agency of a stop notice or the recording of a mechanic's lien pursuant to Title 15, Part 4, Division 3 of the Civil Code of the State of California relating to works of improvement upon real property, the Agency may withhold from any disbursement pursuant to this Loan Agreement an amount equal to one and one-half times the amount of the stop notice or lien until such time as Borrower furnishes the Agency a bond causing such notice or lien to be released. 12. Diligence in Construction. Borrower shall diligently pursue the completion of the Improvements and the Project in accordance with the plans and specifications therefore in a good and workmanlike manner, and with all requirements of all governmental authorities having or asserting jurisdiction with respect thereto, and shall pay the cost thereof. Borrower shall comply with all applicable federal, state and local laws, statues, rules and regulations in connection with construction of the Improvements. 13. Construction Compliance. The construction and completion of the Improvements shall be in substantial accordance and compliance with all plans and specifications approved pursuant to this Loan Agreement (including the Schedule of Performance, the Scope of Development, and all plans and specifications approved by the Agency pursuant thereto), and shall comply with all applicable governmental restrictions and covenants, conditions, restrictions and easements of record. The Agency and the Agency's agents shall have the right at all times to enter upon the Property during the period of construction to inspect the Project, and, if the Agency reasonably determines that the work is not in conformance with the plans and specifications and the terms of this Loan Agreement, the Agency shall have the right to stop the work and order its replacement whether or not the unsatisfactory work has theretofore been incorporated in the Improvements, and to cause the 11087~0001\715149.3 -5- construction lender to withhold all further disbursements until such work is satisfactory; and if the work is not made satisfactory to the Agency within fifteen (15) calendar days from the date of stoppage by the Agency, such failure to do so shall constitute a default by the Borrower under the terms of this Loan Agreement; provided, however, that if the nature of the correction is such that correction requires more than fifteen (15) calendar days to correct, then no default shall exist if, within such 15-day period, Borrower commences such correction and pursues correction diligently to completion thereafter. Borrower agrees that the Agency is under no obligation to construct or supervise construction of the Improvements and that any inspection by the Agency of the Improvements is for the sole purpose of protecting the Agency and is not to be construed as an acknowledgment, acceptance or representation by the Agency that there has been compliance with any plans approved pursuant to this Loan Agreement, or that the Improvements are free of defects or of faulty materials or workmanship. Borrower shall make or cause to be made such other inspections as Borrower may desire for Borrower's own protection. 14. Agency's Remedies. If the Agency should, pursuant to any express provision of the Loan Documents, if any, or in the exercise of the Agency's rights provided by law, cure any default of a mortgage, pay any taxes that are delinquent, or expend any other sums to protect the Agency's security interest in the Property, as provided in the Loan Documents, such expenditures shall at the Agency's option be charged against the Agency's disbursement obligations as advances on the Loan, or shall be considered additional advances thereunder. 15. Notice of Completion. Borrower shall, upon the reasonable request of the Agency, sign and file for record any notices of completion, notices of cessation of labor or any other notice or written document that the Agency may deem necessary to file or record to protect the Agency's security or interests hereunder. 16. Non-liability to Contractors. The Agency shall in no way be liable for any act or omission of Borrower, the architect, general contractor, any subcontractor, any agent of any of them, or any person furnishing labor and/or materials used in or related to such construction. The Borrower shall indemnify, defend, protect and hold harmless the Agency on account of any claims that may be made against the Borrower by the architect, general contractor, any subcontractor, any agent of any of them, or any person furnishing labor and/or materials used in or related to such construction, or any third party on account of any work performed or materials provided by any of them. 17. Failure to Complete Construction. Should Borrower fail to complete construction of the Improvements in accordance with this Loan Agreement, then the Agency may, at the Agency's option, notify Borrower that the Agency intends to declare Borrower in default hereunder, and if Borrower has not cured such matter with fifteen (15) calendar days, then such failure to proceed diligently shall, without further notice, constitute a non-curable default. Thereafter, and during the continuance of such default, the Agency may, at the Agency's option, enter into contracts for or proceed with the completion of construction of the Improvements and pay the cost thereof, plus a fee for supervision of construction equal to fifteen pement (15%) of the amount expended, disbursing ail or any part of the Loan for such purposes; and should the cost of completion of construction of the Improvements plus such fee amount to more than the undisbursed balance of the Loan and the construction loan, then such additional costs may be expended by the Agency, in which event the additional costs shall be deemed to be 11087~0001\715149.3 -6- an additional Loan to Borrower and the repayment thereof, together with interest thereon at the rate of eight pement (8%), shall be secured by the Loan Documents and shall be repaid by Borrower within ten (10) days after the completion of the Improvements. Borrower further hereby authorizes the Agency at the Agency's option at any time, after a default, and during the continuance of same, either in the Agency's own name or in the name of Borrower, to do any and all the things necessary or expedient in the opinion of the Agency to secure the performance of the construction contracts and to secure the erection and completion of the Improvements substantially in accordance with the plans and specifications therefor, and to do any and every act or thing pertaining to or arising out of the construction or completion of the Improvements or any contract therefor, disbursing all or any part of the Loan proceeds for such purposes. In addition to the specific fights and remedies hereinabove mentioned, the Agency shall have the right to avail itself of any other rights or remedies to which the Agency may be entitled under any existing law or laws. 18. Preliminary Notices. Borrower agrees that copies of all preliminary notices delivered pursuant to Section 3097 of the California Civil Code (a) to Borrower and (b) to the Property, addressed to the Temecula Redevelopment Agency, the City of Temecula, "Lender," or "Construction Lender," shall be promptly delivered to the Agency. Borrower further agrees that the Agency and the Agency's agents shall have the right at all times to enter upon the Property and post such notices and other written or printed material thereon as the Agency may deem necessary or desirable for its protection as a lender. 19. Hazardous Materials. Borrower shall not release or permit the release of any Hazardous Material into, onto, beneath or from the Property, and any such release of any Hazardous Material into, onto, beneath or from the Property shall be a default hereunder. The Agency shall have the fight to suspend any disbursement of Loan proceeds hereunder upon a reasonable belief of such a present release by, or permitted by, Borrower, of any Hazardous Material into, onto, beneath or from the Property. The Agency may, upon reasonable notice, enter and inspect the Property for the purpose of determining the existence, location, nature and magnitude of any past or present release of any Hazardous Material into, onto, beneath or from the Property upon a reasonable belief of the existence of a past or present release or threatened release of any Hazardous Material into, onto beneath or from the Property. Hazardous Materials are defined in Exhibit "E" attached hereto and incorporated by reference herein. 20. Insurance. (a) Throughout the term of the Promissory Note, Borrower shall obtain and maintain, at no cost or expense to Agency, with a reputable and financially responsible insurance company reasonably acceptable to Agency, commercial broad form general public liability insurance, insuring Borrower against claims and liability for personal injury, death, or property damage arising from the use, occupancy, condition, or operation of the Property and the Improvements thereon, which insurance shall provide combined single limit protection, including contractual liability, of at least Three Million Dollars ($3,000,000.00). Such insurance shall name the City and Agency and their respective officers, directors, members, agents, employees, representatives and servants (collectively "Representatives"), as additional insurers thereunder. 11087~0001\715149.3 -7- Co) Throughout the term of the Promissory Note, Borrower shall provide Agency with evidence that Borrower maintains in force a policy of fire and extended coverage insurance, covering loss or damage to the Property, including all Improvements thereon, in the amount of the full replacement value thereof, as the same may exist from time to time, but in no event less than the replacement value of all Improvements on the Property or the outstanding principal balance of the Loan, whichever is greater. During construction of the Improvements Borrower shall maintain a policy of builder's risk insurance acceptable to Agency. Borrower shall name Agency as loss payee on all such policies. So long as Borrower is not in default under this Loan Agreement, Agency shall disburse to Borrower, in accordance with the procedures established by this Loan Agreement, any insurance proceeds so received, on the condition that such insurance proceeds, together with any additional funds deposited with Agency by Borrower, are sufficient to restore and rebuild the Project. (c) Borrower shall also furnish or cause to be furnished to Agency evidence satisfactory to Agency that any contractor with whom Borrower has contracted for the performance of work on the Property or otherwise pursuant to this Loan Agreement carries workers' compensation insurance as required by law. (d) With respect to each policy of insurance required above, Borrower shall furnish a certificate of insurance countersigned by an authorized agent of the insurance carrier on the insurance carrier's form setting forth the general provisions of the insurance coverage. These countersigned certificates shall name Agency, the City and their Representatives as additional insureds under those policies. The required certificates shall be furnished by Borrower prior to commencement of construction of the Improvements. (e) All such policies required by this Section shall be nonassessable and shall contain language to the effect that (i) the policies are primary and noncontributing with any insurance that may be carried by Agency, the City, or both, (ii) the policies cannot be canceled or materially changed, or the scope or amount of coverage thereunder reduced, except after thirty (30) days written notice by the insurer to Agency and the City, and (iii) neither Agency nor the City shall be liable for any premiums or assessments. All such insurance shall have deductibility limits reasonably satisfactory to Agency and shall contain cross liability endorsements. 21. Representations and Warranties. Borrower makes the following representations and warranties as of the date of this Loan Agreement and agrees that such representations and warranties shall survive and continue after the Loan is paid: (a) Authority. Borrower has complied with all laws and regulations concerning Borrower's organization, existence and transaction of business. Borrower has the right and power to own and develop the Property and Improvements thereon as contemplated in the Loan Documents. Borrower has, or at all appropriate times shall have properly obtained, all permits, licenses and approvals necessary to construct, occupy and operate the Improvements on the Property and in so doing has, or shall have (as appropriate), substantially complied with the plans and specifications for construction and all other applicable statutes, laws, regulations and ordinances. 11087X0001\715149.3 -8- (b) Enfomeability. Borrower has full right, power and authority to execute and deliver the Loan Documents and to perform the undertakings of Borrower contained in the Loan Documents. The Loan Documents constitute valid and binding obligations of Borrower which are legally enfomeable in accordance with their terms, subject to the laws of bankruptcy, creditor's rights exceptions, and equity. (c) No Broach. To the best of Borrower's knowledge, none of the undertakings of Borrower contained in the Loan Documents violates any applicable statute, law, regulation or ordinance or any order or ruling of any court or governmental entity, or conflicts with, or constitutes a broach or default under, any agreement by which Borrower is, or the Property and Improvements thereon are, bound or regulated. (d) Financial Information. To the best of Borrower's knowledge, all financial information delivered to the Agency by Borrower, including, without limitation, information relating to Borrower, the Property, and the Improvements thereon, fairly and accurately represents such financial condition. No material adverse change in such financial condition has occurred. (e) Proceedings. To the best of Borrower's knowledge, Borrower is not in violation of any statute, law, regulation or ordinance, or of any order of any court or governmental entity. Borrower has no actual knowledge of any claims, actions or proceedings pending or threatened against Borrower or affecting the Property or Improvements that are not covered by insurance, other than those disclosed to the Agency in writing. (f) Accuracy. To the best of Borrower's knowledge, all documents, reports, instruments, papers, data, information and forms of evidence delivered to the Agency by Borrower with respect to the Loan are accurate and correct, are complete insofar as completeness may be necessary to give the Agency true and accurate knowledge of the subject matter thereof, and do not contain any material misrepresentation or omission. The Agency may rely on such reports, documents, instruments, papers, data, information and forms of evidence without any investigation or inquiry, and any payment made by the Agency in reliance thereon shall be a complete release in the Agency's favor of all sums so paid. (g) Adequacy of Loan Funds. The sum of the Loan, combined with the additional construction financing which Borrower is obligated to obtain from a commercial lender and/or reserves, is not less than the amount necessary to complete the Improvements. (h) Taxes. Borrower has filed all federal, state, county and municipal tax returns required to have been filed by Borrower and has paid all taxes which have become due pursuant to such returns or to any notice of assessment received by Borrower. Borrower has no knowledge of any basis for additional assessment with respect to such taxes. (i) Utilities. To the best of Borrower's knowledge, all utility services necessary for the development and the occupancy of the Property, including without limitation gas, water, sewage, electrical and telephone, are available at or within the boundaries of the Property or all steps necessary to assure that such utility services will be available upon completion of the Improvements have been taken by Borrower. 11087~0001\715149.3 -9- O) Impairment of Security. No materials, equipment, fixtures, carpets, appliances, or any other part of the Improvements shall be purchased or installed under conditional sales agreements, leases, or under other arrangements wherein the fight is reserved or accrues to anyone to remove or to repossess any such items. This paragraph shall not be construed to prohibit the leasing of tools used for construction of the Improvements. 22. Default of Borrower. (a) Events of Default. The occurrence of a breach and the expiration of any applicable notice and cure period provided below shall constitute a "default" by Borrower hereunder. Upon written notice to Borrower (except for the occurrence of any of the events described in Subsections 22(a)(iv), 22(a)(v) and 22(a)(vi), in which event no notice shall be required and the cure period shall apply), the occurrence of any one or more of the following shall constitute a default under this Loan Agreement: (i) If Borrower fails to pay by the due date any sums or amounts due the Agency under this Loan Agreement, the Promissory Note, the Deed of Trust, if any, or any other security document; (ii) If Borrower breaches any warranty or representation hereunder or fails to comply with, perform or observe any of the covenants made by Borrower in this Loan Agreement or the other Loan Documents; (iii) If Borrower should commit a breach or default under any of the Loan Documents; (iv) If Borrower admits in writing Borrower's inability to pay Borrower's debts when due; or makes an assignment for the benefit of creditors; or applies for or consents to the appointment of any receiver, trustee or similar officer for Borrower, for all or any substantial part of Borrower's property; or institutes (by petition, application, answer, consent or otherwise) any bankruptcy, insolvency, reorganization, arrangement, readjustment of debts, dissolution, liquidation, or similar proceedings relating to Borrower; (v) If a receiver, trustee or similar officer is appointed for Borrower and for all or any substantial part of Borrower's property without the application or consent of Borrower, and such appointment continues undischarged for a period of sixty (60) days; or any bankruptcy, insolvency, reorganization, arrangements, readjustment of debt, dissolution, liquidation or similar proceedings is instituted (by petition, application or otherwise) against Borrower and remains undismissed for a period of sixty (60) days; or (vi) If Borrower transfers or encumbers the Property, or if the general partner transfers or encumbers its general partnership interest in Borrower, in violation of the Deed of Trust or Note. (b) Except for the defaults described in Subsection 22(a) and except for any default specifically setting forth its own cure period in any other section of this Loan Agreement, any default is curable and shall be deemed cured, if: 11087X0001W15149.3 -10- (i) as to any default that is not curable by the payment of money, Borrower cures such default within thirty (30) days after written notice of such default from the Agency, or if the cure of such default reasonably requires more than thirty (30) days to complete, if Borrower diligently commences to cure said default within thirty (30) days after receipt of the Agency's notice of default and thereafter diligently prosecutes such cure to completion in a reasonable time; provided, further, that the default must be cured, in any event, within ninety (90) days of receipt of such notice of default; and (ii) as to any default that is curable by the payment of money, Borrower cures said default within five (5) calendar days after receipt of the Agency's notice of default. (c) If Borrower defaults with regard to any of the provisions of the Loan Documents, or any other agreement between Agency and Borrower with respect to the Property and/or the Improvements, then Agency shall serve written notice of such default upon Borrower. In such event, if Borrower is in default, in addition to any other remedies available to Agency at law and equity: (i) Agency may terminate this Loan Agreement; (ii) Borrower shall be liable to Agency for any damages caused by such default, and Agency may thereafter commence an action for damages against Borrower with respect to such default; (iii)Agency may, at Agency's option, thereafter commence an action for specific performance of the terms of this Loan Agreement or any other agreement between Borrower and Agency pertaining to such default; (iv) all sums disbursed or advanced by Agency shall, at the option of Agency, immediately become due and payable; and/or (v) Agency may, at the option of Agency, terminate this Loan Agreement and the Agency shall be released from any and all further obligations to Borrower under the terms of this Loan Agreement. Agency's rights and remedies under this Loan Agreement include, without limitation, recovery of improper disbursements and overpayments, or reduction of payments and termination of this Loan Agreement. (d) Except as otherwise expressly provided in this Loan Agreement, any failure or delay by Agency in asserting any of Agency's rights or remedies as to any default shall not operate as a waiver of any subsequent default or of any such rights or remedies or deprive Agency of Agency's right to institute and maintain any actions or proceedings which Agency may deem necessary to protect, assert or enforce any such rights or remedies. (e) The laws of the State of California shall govern the interpretation and enforcement of this Loan Agreement. Any action must be instituted in either the Superior Court of the County of Riverside, State of California, or in an appropriate court in that County. (f) Except as otherwise expressly stated in this Loan Agreement, the rights and remedies of Agency are cumulative, and the exercise by Agency of one or more of such rights or remedies shall not preclude the exercise by Agency, at the same time or different times, of any other rights or remedies for the same default or any other default by Borrower. 23. No Waiver; Remedies Cumulative. No disbursement of Loan proceeds shall constitute a waiver of any conditions to the Agency's obligation to make further disbursements nor, in the event Borrower is unable to satisfy any such conditions, shall any such waiver have the effect of precluding the Agency from thereafter declaring such inability to 11087~001\715149.3 - l ! - constitute a default under this Loan Agreement. No disbursement of proceeds based upon inadequate or incorrect information shall constitute a waiver of a right to receive a refund thereof. No failure or delay on the part of the Agency in the exercise of any power, right or privilege hereunder or under any of the other Loan Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing under this Loan Agreement or the other Loan Documents are cumulative to and not exclusive of any rights or remedies otherwise available. The Agency's acceptance of less than the entire amount due for any payment on the Promissory Note shall not constitute a waiver by the Agency to thereafter demand the entire amount due. 24. Disbursements in Excess of Maximum Loan Amount. In the event the total disbursements by the Agency exceed the maximum Loan amount, the total of all disbursements shall be secured by the applicable Loan Documents. 25. Empowerment of Agency. Borrower does hereby irrevocably appoint, designate, empower and authorize the Agency as Borrower's agent, coupled with an interest, to sign and file for record any notice or written document that the Agency may deem necessary to file or record to protect the Agency's security or interests hereunder. 26. Borrower's Indemnity of Agency and City. Borrower hereby agrees to, and shall defend (with counsel approved by the Agency), indemnify and hold Agency, the City and their Representatives harmless from and against all liabilities, losses, damages, costs, expenses, or liabilities, including attorneys' fees and court costs, arising from, in connection with, or in any way resulting from (i) Borrower's breach of this Loan Agreement or any of the Loan Documents, (ii) Borrower's negligence or intentional misconduct with respect to the Property or the Improvements or the subject matter hereof, or (iii) the construction of the Improvements, including without limitation, any act or omission of Borrower, the general contractor, the architect, any agent of any of them, or any person furnishing labor and/or materials used in or related to such construction. Agency shall have no liability whatsoever for any acts or omissions of Borrower or its architects, contractors, or agents, or any one of them, or any other person furnishing services, labor and/or material to Borrower in connection with the Property. 27. Assignment of Agreement and Transfer. No assignment or transfer, voluntary or involuntary, may be made of this Loan Agreement or of any right hereunder, and no attempted transfer shall be binding upon or in any way affect the Agency without the Agency's prior written consent, which may be withheld in the Agency's sole and absolute discretion. Borrower acknowledges that the identity of Borrower is of particular concern to Agency, and it is because of Borrower's identity that Agency has entered into this Loan Agreement with Borrower. No voluntary or involuntary successor in interest of Borrower shall acquire any rights or powers under this Loan Agreement. In the event of an assignment or transfer that is not approved by the Agency, the Agency shall have the right to declare the entire principal balance of the Loan and all accrued interest, if any, immediately due and payable. 11087~0001\715149.3 -12- 28. Obligation to Refrain from Discrimination. (a) There shall be no discrimination against or segregation of any person, or group of persons, on account of sex, marital status, age, handicap, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, and Borrower (itself or any person claiming under or through Borrower) shall not establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees thereof or any portion thereof. (b) Borrower shall refrain from restricting and shall cause each Unit owner to refrain from restricting the rental, sale or lease of the Property or any portion thereof, on the basis of sex, age, handicap, marital status, race, color, religion, creed, ancestry or national origin of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses which shall be recorded as covenants, conditions and restrictions of the Property: (i) In deeds: "The grantee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, that there shall be no discrimination against or segregation of, any person or group of persons on account of sex, marital status, race, age, handicaps color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." (ii) In leases: ''The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: 'That there shall be no discrimination against or segregation of any person or group of persons on account of sex, marital status, race, age, handicap, color, religion, creed, national origin or ancestry, in the leasing, subleasing, transferring, use, or enjoyment of the land herein leased, nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy, of tenants, lessees, sublessees, subtenants or vendees in the land herein leased.'" (iii) In contracts relating to the sale or transfer of the Property or any interest therein: ''There shall be no discrimination against or segregation of any person or group of persons on account of sex, marital status, race, age, handicap, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or any person claiming under or through 11087X0001\715149.3 -13- him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy, of tenants, lessees, subtenants, sublessees or vendees of the land." 29. Severability. If any term or provision of this Loan Agreement or the application thereof shall to any extent be held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Loan Agreement, or the application of such term or provision to circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Loan Agreement shall be valid and shall be enforced to the extent permitted by law. 30. Notices. All notices, demands or other communications under this Loan Agreement and the other Loan Documents shall be given in writing by certified or registered mail, postage prepaid, and return receipt requested, by personal delivery or by a nationally recognized overnight courier, addressed to the parties as follows (provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice): To Agency: Temecula Redevelopment Agency 43200 Business Park Drive Temecula, CA 92590 Telephone: (909) 694-6~.~.~. Telecopier: (909) 694-1999 Attention: Executive Director With a copy to: Richards, Watson & Gershon 355 South Grand Avenue, 40th Floor Los Angeles, CA 90071-3101 Attention: Peter M. Thorson, Esq. Telephone: (213) 626-8484 Telecopier: (213) 626-0078 To Borrower: At the addresses set forth in Section l(b), above. Notices shall be considered given upon the earlier of (a) personal delivery; (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested; or (c) one (1) business day following deposit with a nationally recognized overnight courier. 31. Litigation. If Agency shall be or shall become a party to any legal proceedings instituted in connection or arising out of the Improvements and/or the Property, or in the event of any dispute between the parties hereto arising out of this Loan Agreement in which Agency is the prevailing party, Borrower agrees to pay to Agency all sums paid or incurred by Agency as costs and expenses in the legal proceedings, including but not limited to actual attorneys' fees and costs incurred by Agency. 32. Successors and Assigns. Subject to the terms and conditions of Section 27 hereof, this Loan Agreement shall be binding upon the parties hereto, their heirs, successors and 11087~0001\715149.3 - 14- assigns, and may be amended, altered, revoked, modified or waived, in whole or in part, only by an instrument in writing signed by Borrower and Agency. If more than one person executes this Loan Agreement as Borrower, the obligations of each of such persons hereunder shall be joint and several obligations. 33. General. Time is of the essence of this Loan Agreement and of each and every provision hereof. The waiver by Agency of any breach or default herein shall not be deemed, nor shall it constitute, a waiver of any subsequent breach or breaches. No disbursement of proceeds of the Loan shall constitute a waiver of any rights of Agency and shall not preclude Agency from thereafter declaring a default due to a breach by Borrower hereof. 34. Warranty Against Payment of Consideration for this Loan Agreement. Borrower warrants that Borrower has not paid nor given, and will not pay nor give, any third party any money or other consideration for obtaining this Loan Agreement. 35. Nonliability of Agency Officials and Employees. No member, official or employee of Agency shall be personally liable to Borrower or any successors in interest in the event of any default or breach by Agency or for any amount which may become due to Borrower or Borrower's successors or on any obligations under the terms of this Loan Agreement. 36. No Third Party Beneficiaries. This Loan Agreement is made for the sole protection of Agency and Borrower and their respective permitted successors and assigns, and no other person or persons shall have any right of action hereon, nor should any laborer, materialman, subcontractor, or other third party rely upon the funds deposited hereunder as a source of payment for work done or labor and/or materials supplied in respect to the Improvements contemplated hereunder or otherwise, notwithstanding any representation to the contrary made by Borrower, the general contractor or any other person. This Loan Agreement and the other Loan Documents contain all of the terms and conditions agreed to by Borrower, and no other agreement regarding the subject matter of this contract, unless it is in writing and signed by Agency and Borrower, shall be deemed to exist or to bind any party hereto. 37. Agency Approval. Unless specifically provided for herein, the Agency's approval, including, without limitation, approval of the form of the Loan Documents and of amendments to this Loan Agreement, shall be satisfied by the approval of the Agency's Executive Director. [remainder of page intentionally left blank] 11087X0001\715149.3 -15- IN WITNESS WHEREOF, the parties hereto have entered into this Loan Agreement as of the day and year first above written. Attest: Agency: TEMECULA REDEVELOPMENT AGENCY, a public body, corporate and politic Print Name: Title: Print Name: Title: APPROVED AS TO FORM Richards, Watson & Gershon, a professional corporation Brace Galloway Assistant Agency Attorney Borrower: 28500 PUJOL STREET, a California limited partnership By: Corporation for Better Housing, a General Partner By:. Name: Title: 11087~0001\715149.3 -16- Exhibit "A" LEGAL DESCRIPTION THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF TEMECULA, DESCRIBED AS FOLLOWS: 11086\0111\717510.1 Old: 714393.2/New: 714393.3 A-1 ORDER NO 10212831-9 EXH~'B~'T "A" PARCEL 1: THE NORTHWESTERLY 170 FEET OF THE NORTHWESTERLY HALF OF THAT TRACT OF LAND, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FORMERLY USED AS A RAILROAD RIGHT OF WAY AND STATION GROUNDS OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL, ET AL, BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, 27, AS SHOWN BY MAP OF TEMECULA ON FILE IN BOOK 15 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; IN BLOCK PAGE 726 THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1 IN BLOCK 36 AS SHOWN BY SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, IN BLOCK 37, AS SHOWN ON SAID MAP; THENCE NORTHEASTERLY, IN A STRAIGHT LINE, TO THE MOST WESTERLY CORNER OF LOT 22 IN BLOCK 25, AS SHOWN ON SAID MAP; THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF BEGINNING; EXCEPT THE NORTHWESTERLY 70 FEET. ALSO EXCEPT THE NORTHEASTERLY 125 FEET AS MEASURED FROM THE SOUTHWESTERLY LINE OF RIVER STREET. PARCEL 2: THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 255 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: --4-- ORDER NO 10212831-9 BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27, AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP; THENCE NORTHEASTERLY, ON A STRAIGHT LINE, TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 AS SHOWN BY SAID MAP; THENCE SOUTHEASTERLY, IN A STRAIGHT LINE TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL STREETS, AS SHOWN BY SAID MAP. PARCEL 3: THE LAND REFERRED TO IN OF TEMECULA, COUNTY OF IS DESCRIBED AS FOLLOWS: THIS POLICY IS SITUATED IN THE CITY RIVERSIDE, STATE OF CALIFORNIA, AND THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 340 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27, AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37 AS SHOWN ON SAID MAP; THENCE NORTHEASTERLY IN A STRAIGHT LINE TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 ON SAID; THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL STREETS, AS SHOWN BY SAID MAP. -5- ORDER NO 10212831-9 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. NO TAXES DUE 2. NO TAXES DUE 3. NO TAXES DUE 4. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICT AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. THE TERMS, COVENANTS AND PROVISIONS OF THE INSTRUMENT EXECUTED BY AND BETWEEN KACOR REALTY, INC. AND RANCHO CALIFORNIA WATER DISTRICT, RECORDED MAY 7, 1979 AS INSTRUMENT NO. 92330, OFFICIAL RECORDS. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. AN AGENCY AGREEMENT DATED MARCH 29, 1979 BY AND BETWEEN KACOR REALTY INC. AND RANCHO CALIFORNIA WATER DISTRICT WHEREIN IT IS AGREED THAT SAID DISTRICT IS DESIGNATED AS EXCLUSIVE AGENCY FOR THE EXTRACTION, DIVERSION, STORAGE, BLENDING AND DISTRIBUTION OF ALL LOCAL WATER, RECORDED MAY 7, 1979 AS INSTRUMENT NO. 92330 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. NOTE: PLEASE BE ADVISED THAT WE DO NOT FIND ANY OPEN DEEDS OF TRUST OF RECORD. IF YOU SHOULD HAVE KNOWLEDGE OF ANY OUTSTANDING OBLIGATION, PLEASE CONTACT THIS OFFICE IMMEDIATELY FOR FURTHER REVIEW. -6- ORDER NO 10212831-9 10. WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: ALL PARTIES TO THIS TRANSACTION (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.) -7- State of Califomia } } County of } On ., 2003, before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) State of Califomia County of } On ., 2003, before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) I ! 086\0 ! 11\7175 ! 0. I Old: 714393.2 / New: 714393.3 Recording Requested by: Redevelopment Agency of the City of Temecula And when recorded return to and mail tax statements to: Corporation for Better Housing 15490 Venture Blvd., Suite 210 Sherman Oaks, CA 91403 Attn: David A. Ferguson Assessor's Parcel Map No.: Exempt from Recording Fees Pursuant to G.C. 6103 GRANT DEED The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00. Exempt from Documentary Transfer Taxes Pursuant to R & T Code Sections 11911 and 11922 FOR A VALUABLE CONSIDERATION, receipt o£ which is hereby acknowledged, The REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic, hereby GRANTS to 28500 PUJOL STREET, L.P.: a California limited partnership the following described real property located in the City of Temecula, County of Riverside, State of California: See Exhibit "A" attached hereto and incorporated by reference herein. 11086\0111\717510.1 O[d: 714393.2 / New: 714393.3 IN WITNESS WHEREOF, the undersigned has executed this Grant Deed as of the date set forth below. Dated as of ,2003 REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA By: Name: Title: Attest: 11086\0111\717510.1 Old: 714393.2 / New: 714393.3 -2- Exhibit "A" LEGAL DESCRIPTION THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF TEMECULA, DESCRIBED AS FOLLOWS: 11086\01 ! 1 \717510. ! Old: 714393.2 / New: 714393.3 A-1 ORDER NO 10212831-9 EXHIBIT "A" PARCEL 1: THE NORTHWESTERLY 170 FEET OF THE NORTHWESTERLY HALF OF THAT TRACT OF LAND, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FORMERLY USED AS A RAILROAD RIGHT OF WAY AND STATION GROUNDS OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO No R. VAIL, ET AL, BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, IN BLOCK 27, AS SHOWN BY MAP OF TEMECULA ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1 IN BLOCK 36 AS SHOWN BY SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, IN BLOCK 37, AS SHOWN ON SAID MAP; THENCE NORTHEASTERLY, IN A STRAIGHT LINE, TO THE MOST WESTERLY CORNER OF LOT 22 IN BLOCK 25, AS SHOWN ON SAID MAP; THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF BEGINNING; EXCEPT THE NORTHWESTERLY 70 FEET. ALSO EXCEPT THE NORTHEASTERLY 125 FEET AS MEASURED FROM THE SOUTHWESTERLY LINE OF RIVER STREET. PARCEL 2: THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 255 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ORDER NO 10212831-9 BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27, AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP; THENCE NORTHEASTERLY, ON A STRAIGHT LINE, TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 AS SHOWN BY SAID MAP; THENCE SOUTHEASTERLY, IN A STRAIGHT LINE TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL STREETS, AS SHOWN BY SAID MAP. PARCEL 3: THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 340 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27, AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37 AS SHOWN ON SAID MAP; THENCE NORTHEASTERLY IN A STRAIGHT LINE TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 ON SAID; THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL STREETS, AS SHOWN BY SAID MAP. -5- ORDER NO 10212831-9 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 2. 3. 4. NO TAXES DUE NO TAXES DUE NO TAXES DUE THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICT AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. THE TERMS, COVENANTS AND PROVISIONS OF THE INSTRUMENT EXECUTED BY AND BETWEEN KACOR REALTY, INC. AND RANCHO CALIFORNIA WATER DISTRICT, RECORDED MAY 7, 1979 AS INSTRUMENT NO. 92330, OFFICIAL RECORDS. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. AN AGENCY AGREEMENT DATED MARCH 29, 1979 BY AND BETWEEN KACOR REALTY INC. AND RANCHO CALIFORNIA WATER DISTRICT WHEREIN IT IS AGREED THAT SAID DISTRICT IS DESIGNATED AS EXCLUSIVE AGENCY FOR THE EXTRACTION, DIVERSION, STORAGE, BLENDING AND DISTRIBUTION OF ALL LOCAL WATER, RECORDED MAY 7, 1979 AS INSTRUMENT NO. 92330 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. NOTE: PLEASE BE ADVISED THAT WE DO NOT FIND ANY OPEN DEEDS OF TRUST OF RECORD. IF YOU SHOULD HAVE KNOWLEDGE OF ANY OUTSTANDING OBLIGATION, PLEASE CONTACT THIS OFFICE IMMEDIATELY FOR FURTHER REVIEW. -6- ORDER NO 10212831-9 10. WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: ALL PARTIES TO THIS TRANSACTION (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.) -7- State of California ) ) County of } On ,2003, before me, _, a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) State of California } County of } On ,2003, before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) 11086\0111\717510.1 Old: 714393.2 /New: 714393.3 EXHIBIT E FORM OF REGULATORY AGREEMENT [Attached.] 11087X0001\713019.3 E-1 Recording Requested By and when recorded return to: Redevelopment Agency of the City of Temecula Post Office Box 9033 Temecula, California 92589-9033 Attention: City Clerk Exempt from recording fees pursuant to Government Code Sec. 6103 and 27383 REGULATORY AGREEMENT THIS REGULATORY AGREEMENT (this "Agreement"), is entered into as of ,2003, by and between 28500 PUJOL STREET, a California limited partnership (hereinafter "Owner"), and the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic (hereinafter the "Agency"). RECITALS A. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1o1988" (hereafter the "Plan") in accordance with the provisions of the Community Redevelopment Law. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinance Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1,1991. B. Agency desires to effectuate the provisions of the Housing Element of the General Plan of the City of Temecula by providing funds to expand the supply of housing affordable to very low and lower income people. C. The Agency has agreed to convey to Owner that certain real property (the "Property") described in Exhibit A, attached hereto and incorporated by reference herein, pursuant to that certain Disposition and Development Agreement dated as of ,2003 ("DDA"). D. Owner intends to develop and operate on the Property 66 one-bedroom senior garden apartment units which shall be leased only to very low or lower income households. To help finance the development of such improvements, Owner has applied to Agency for a loan (hereinafter the "Loan") for the development of the Property and, pursuant to that certain Loan Agreement dated as of ,2003 (the "Loan Agreement"), Agency has agreed to lend Owner the sum of $2,615,000. Such Loan will be evidenced and secured by a loan agreement, promissory note and deed of trust (the "Loan Agreement", "Promissory Note" and "Deed of 11087~0001\714383.3 Trust") to be executed by Owner in favor of Agency. The Note, Deed of Trust and Loan Agreement are hereinafter collectively referred to as the "Agency Loan Documents." E. The proposed development of the Property will effectuate the Plan. F. As an inducement to Agency to enter into the DDA and the Loan Agreement, Owner bas agreed to enter into this Agreement and has consented thereby to be regulated and restricted by Agency as provided herein and in the DDA which, inter alia, contains on-going "use" restrictions which are incorporated herein. NOW, THEREFORE, Agency and Owner mutually agree as follows: 1. Recitals. The foregoing recitals are a part of this Agreement. 2. Term. The term of this Agreement (the "Term") shall commence on the date of recordation of this Agreement, and shall continue in full force and effect until the 55th anniversary of the recordation hereof in the Official Records of the Riverside County Recorder (the "Expiration Date"). 3. Nature of Covenants, Reservations and Restrictions. (a) Owner hereby subjects the Property to the covenants, reservations and restrictions set forth in this Agreement. During construction and thereafter for the Term set forth in Section 2 hereof, Owner, such successors and assigns shall devote the Property only to the uses specified in the DDA and this Agreement. Each and every contract, deed or other instrument hereafter executed covering or conveying Owner's interest in the Property, or any portion thereof, including, without limitation, any leases, shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such lease, assignment, contract, deed or other instruments. (b) Owner covenants by and for itself, its representatives, its successors and assigns and every successor in interest to the Property or any part thereof, that during construction of the improvements on the Property and thereafter Owner shall not use or permit the use of the Property in violation of the Redevelopment Plan. Owner further covenants and agrees to comply in all respects with the terms, provisions, and obligations of Owner set forth in the DDA and the Agency Loan Documents. Owner further covenants and agrees for itself, and its successors and its assigns, that Owner, such successors, and such assignees shall use the Property and every part thereof only for the construction and operation of a low income housing project affordable to persons of very low or lower income, as further provided herein. Owner further covenants and agrees that upon completion of the project described in the DDA and as further described in the Scope of Development attached to the DDA (the "Project"), Owner shall maintain the Property (including landscaping) in the manner of first class residential planned developments, as further described herein and in the DDA and the Agency Loan Documents. 4. Use and Rental of the Property. Owner covenants and agrees for itself, its successors, assignees, and every successor in interest that the units comprising the Project (the 11087XOOOB714383.3 2 "Units") and the Property shall be restricted as provided in this Section 4 for the Term set forth in Section 2 hereof. (a) Units Restricted to Persons or Families of Very Low or Lower Income. All of the Units, but in no event less than 66 Units, shall be rented exclusively to Senior Citizens (as hereinafter defined) who are persons or families of very low or lower income, in accordance with the table set forth below, and only for use by such persons or families as their principal residence. Owner shall not permit any transient use, or permit any commercial use, of the Property except as approved by Agency in writing. Only such persons or families of very low or lower income (as applicable) shall be entitled to occupy the Units. 13 of the Units shall be rented to very low income households whose incomes do not exceed 50% of area median income The remaining Units shall be rented to lower income households whose incomes do not exceed 60% of area median income Occupancy levels will comply with those specified by the State of California Tax Credit Allocation Committee rules and regulations, and such other regulations as may exist pertaining to any tax exempt bond financing applicable to the Project. (b) Maximum Rents. Owner shall rent the Units at a rent that does not exceed the maximum "affordable rent" (as defined below) (including a reasonable utility allowance) that may be charged for very low or lower income persons under California Health & Safety Code Section 50053(b) (as amended from time to time), for very low or lower income persons or households, as applicable for the household occupying the Unit. Owner shall be entitled to increase rents one time per year to an amount equal to the maximum amount of "affordable rent" (including a reasonable allowance for utilities) that may be charged for very low or lower income persons under California Health & Safety Code Section 50053(b) (as amended from time to time), as applicable to the Unit. Owner shall submit a request for an increase in rents to Agency for review and approval sixty (60) days prior to each yearly anniversary of the initial occupancy of the Project and each year thereafter. Agency shall review Owner's request and notify Owner of either of the following actions within thirty (30) days after submission: (i) Owner shall be allowed to increase the then current rental rate of the Units as requested, or (ii) the requested increase exceeds the maximum amount permitted under Health & Safety Code Section 50053(b) (as amended), in which case the rental shall be adjusted downwards to such maximum amount. (c) Definitions. (i) "Persons or families of very low or lower income" means persons whose income do not exceed the amounts set forth in California Health and Safety Code Sections 50105 (very low income) and 50079.5 (lower income) for persons and families who have incomes not greater than the applicable percentage of the area median income (adjusted for family size as appropriate for the Unit) for the applicable very low or lower income categories. (ii) "Area median income" shall mean the area median income for Riverside County as published by the Department of Housing and Community Development 11087~0001\714383.3 3 pursuant to California Health and Safety Code Section 50093, or the most closely related successor thereto. (iii) "Affordable rent (including a reasonable utility allowance) for very low or lower income person" means the rent determined under California Health & Safety Code Section 50053(b) based upon area median income (adjusted for family size appropriate for the Unit) for the very low or lower income household, as amended from time to time. (iv) "Principal residence" means the principal dwelling place a person uses as such person's usual place of return and occupancy. If a person fails to reside in and return to such person's unit for at least four (4) days per week for a period of at least nine (9) months out of any twelve (12) month period, it will be presumed that the Unit is not the principal residence of that person. (v) "Senior Citizen" shall mean a person who shall be 55 years of age at the time of leasing of the Unit. The terms defined in this Subsection 4(c) are further defined in Title 25 of the California Code of Regulations Section 6910, et seq., as from time to time amended, and any successor regulations thereto. The terms and provisions of California Health and Safety Code Sections 50093, 50105, 50079.5, and 50053 and Title 25 of the California Code of Regulations Section 6910, et seq., as amended, and any successor statutes or regulations thereto, are incorporated herein by this reference. 5. Rights of Agency. Prior to the rental of any Unit, Owner shall obtain from the proposed tenant a completed income computation and certification form, in such form as may be approved by the Executive Director of the Agency, and shall verify the income of the proposed tenant. Owner shall verify the proposed tenant's income by standard and customary income verification procedures and practices used for determining eligibility for income qualifying housing. Agency shall have the continuing right during the Term hereof to verify that the restrictions, limitations and requirements of Section 4 are being complied with and to establish and/or continue a very low and lower income (as defined in California Health and Safety Code Section 50093) housing program at the Property. 6. Covenants and Obligations. (a) Insurance. Owner covenants to keep all improvements from time to time existing on the Property insured against perils included within the general classifications as "fire," "extended coverage," "vandalism," "malicious mischief," and "special extended perils," and all such insurance shall be evidenced by a standard fire and extended coverage insurance policy or policies in an amount not less than the full replacement cost of the improvements (not including the costs of foundation concrete and excavation that would not have to be incurred upon replacement of the improvements). In addition, Owner shall maintain and have in full force and effect, during the term of this Agreement, a "Broad Form Commercial General Liability" insurance policy in a combined single limit of $3 million dollars. Such policies shall be endorsed with a standard mortgagee clause listing Agency as loss payee (in the 11087~0001\714383.3 4 case of the extended coverage insurance) and an additional insured (in the case of the liability insurance). A copy of any insurance binders or certificates of insurance shall be provided to Agency in conjunction with the accounting described in Section 10(b) herein. Said policies shall provide that they cannot be canceled or terminated without thirty (30) days prior written notice to Agency. To the extent that the provision hereof are inconsistent with the insurance requirements of the Agency Loan Documents, the provisions of the Agency Loan Documents shall control. (b) Compliance with Building and Health and Safety Codes. Owner covenants that the Property shall be maintained in conformance with applicable health, building, and safety codes. Owner further covenants that any construction, renovation, repair or rehabilitation of the improvements shall be undertaken in compliance with all building codes of the City of Temecula applicable at the time of such construction, renovation, repair or rehabilitation. (c) Obligation to Refrain from Discrimination. Owner covenants that there shall be no discrimination against any person, or group of persons, on account of sex, marital status, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any part thereof, and Owner (or any person or entity claiming under or through Owner) covenants and agrees not to establish or permit any such practice or practices of discrimination with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants or sublessees of the Property or any part thereof. Owner also agrees to refrain from any form of discrimination as set fo~h above pertaining to deeds, leases or contracts. (d) Form of Nondiscrimination and Non-segregation Clauses. Owner covenants that Owner, its successors and assigns, shall refrain from restricting the rental, sale or lease of the Property, or any portion thereof, in any deed, lease or contract of sale, on the basis of sex, marital status, race, color, religion, creed, ancestry or national origin of any person. Any such deed, lease or contract shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 1. In deeds: "The grantee herein covenants by and for itself, his heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of sex, marital status, race, color, religion, creed, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed or the improvements thereon or to be constructed thereon, nor shall the grantee itself or any person claiming under or through the grantee, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed or such improvements. The foregoing covenants shall run with the land." 2. In leases: "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: 11087X0001\714383.3 5 That there shall be no discrimination against or segregation of any person or group of persons on account of sex, marital status, race, color, religion, creed, national origin or ancestry, in the leasing, subleasing, transferring, use, or enjoyment of the land herein leased or the improvements thereon or to be constructed thereon, nor shall the lessee himself, or any person claiming under or through the lessee, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy, of tenants, lessees, sublessees, subtenants or vendees of the land herein leased or such improvements." 3. In contracts of sale: "There shall be no discrimination against or segregation of, any person, or group of persons on account of sex, marital status, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land or the improvements thereon or to be constructed thereon, nor shall the transferee himself or any person claiming under or through the transferee, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land or such improvements." (e) Duration of Covenants and Obligations. The covenants and obligations contained in Sections 6(a) and 6(b) shall remain in effect until the expiration of the Term provided for in Section 2 hereof, and the covenants against discrimination provided for in subsections 6(c)) and 6(d) shall remain in perpetuity. 7. Management of the Property (a) Operation, Maintenance and Repair. Owner shall have full responsibility for the operation and maintenance of all improvements on the Property throughout the duration of the Term. Owner shall, upon completion of the Project maintain in the manner of first class residential apartment projects, in a first class, neat, clean, safe and sanitary condition and repair, the improvements comprising the Project and all landscaping within the public rights of way which may abut the Property throughout the Term of this Agreement without expense to Agency, and shall perform all repairs and replacements necessary to maintain and preserve said improvements and landscaping in a first class, neat, clean, safe, sanitary and healthy condition in a manner reasonably satisfactory to Agency and in compliance with all applicable laws, and in compliance with all applicable laws, the DDA, and the Agency Loan Documents. The Agency shall have the right to approve the property manager(s) for the Project, but will not unreasonably withhold its approval. If the improvements constituting the Project are destroyed or substantially damaged, Owner shall, subject to any applicable provisions of the Agency Loan Documents, repair, replace, or restore such improvements. Following any casualty resulting in damage to or destruction of the Project, the complete work of any reconstruction or replacement shall be at least equal in value, quality and utility to the condition of the Project or landscaping before the event giving rise to the work. 11087~0001\714383.3 6 (b) Leasing and Occupancy. The leasing and occupancy of the Units shall be in accordance with the management plan hpproved pursuant to the DDA. Any modifications or changes to the management plan shall be submitted to the Executive Director of Agency for approval. The management plan shall include the tenant selection criteria, procedures for tenant selection and the establishment and maintenance of waiting lists, the lease and rental agreement, a copy of the "House and Ground Rules" adopted for the Property and all policies and procedures to be used to ensure compliance with the age, income, and any other requirements set forth as conditions for eligibility or occupancy in the Property and shall be consistent with the terms and conditions of this Agreement. The Units shall be leased under rental agreements substantially in a form approved by the Executive Director of Agency, and as othenvise provided in the DDA. Any modifications or changes in the rental agreements shall be submitted to the Executive Director of the Agency for approval. Agency shall review and approve all policies and procedures established for the successful management of the Property. Subject to the rights of the occupants of the Units, Agency shall have the right to perform an annual on-site inspection of the units, common areas and grounds and to perform an annual tenant file review to ensure that Owner is managing the Property in accordance with the eligibility requirements set forth herein for occupancy. (c) Pre-Leasing. Owner shall perform all advertising and related pre- leasing work as set forth in the approved management plan. (d) Annual Budget. Owner shall submit or shall cause its Property Manager to submit to the Agency's Executive Director on or before , and each anniversary thereof, an annual budget for the ongoing operation of the Project for approval by Agency, which will not be unreasonably withheld. At the Agency's request, delivered within 30 days after receipt of the budget, each of Owner and the Agency shall cause its respective representative(s) to meet within thirty (30) days following the receipt of request to review the budget; such review is without obligation to either party to propose or agree to any modification of permitted Operating Expenses. (e) Management of Property. Owner shall be completely responsible for the management, administration and operation of the Property including, but not limited to the hiring and discharge of employees, salaries and all other related Property expenses, maintenance and repairs, including capital expenditures, the financial operations of the Property, the rental and re-rental of the apartment units in accordance with the occupancy requirements set forth in this Agreement and all operational, maintenance and management responsibilities of an owner in a typical multi-family residential housing project. (f) .Reserves. The Owner will maintain operating and replacement reserves satisfactory to the Agency and will not withdraw funds from such reserves without the consent of the Agency, which will not be unreasonably withheld. (g) Management Agency's Failure to Perform. In the event the management agency appointed by Owner for management of the Project fails to perform the obligations imposed upon Owner by this Section 7, such failure shall constitute a default under Section 11 hereof, and if Owner shall fail to cure such default as provided in Section 11 hereof, 11087X0001\714383.3 7 then Agency shall have the right, in addition to any other remedies of Agency, to require Owner, upon 30 days prior written notice, to appoint a substitute management agency, reasonably acceptable to both Agency and Owner. 8. Indemnification. Owner shall defend, indemnify, assume all responsibility for and hold Agency, and its respective elected and appointed officers and employees, harmless from all costs (including attorneys' fees and costs), claims, demands, liabilities, or judgments for injury or damage to property and injuries to persons, including death, which may be related to the Property or caused by any of Owner's activities under this Agreement, whether such activities or performance thereof be by Owner or anyone directly or indirectly employed or contracted with by Owner and whether such damage shall accrue or be discovered before or after termination of this Agreement. This indemnity includes, but is not limited to, any repair, cleanup, remediation, detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in the Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"; 42 U.S.C. Section 9601, et secl.], the Resource Conservation and Recovery Act ["RCRA"; 42 U.S.C. Section 6901 et sea.] and California Health and Safety Code Section Code Section 25280 et sea. on the Property or at any place where Owner owns or has control of real property pursuant to any of Owner's activities under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107 (e) of CERCLA and California Health and Safety Code Section 25364 to assure, protect, hold harmless and indemnify Agency from liability. This indemnity shall survive the termination of this Agreement for any reason. This indemnity shall not be construed in any way to be a limitation on Owner's indemnity obligations under the DDA. 9. Compliance with Local, State and Federal Laws. Owner shall carry out the provisions of this Agreement and own and operate the Project in conformity with all applicable local, state and federal laws and regulations including, without limitation, all regulations and conditions of funding with respect to the issuance of the Note (including a regulatory agreement required in connection with the issuance of the tax credits to Owner), and Housing Set Aside Funds under Health and Safety Code Section 33334.2 (as amended from time to time). 10. Accounting to Agency. (a) The books and accounts of the Property shall be kept in conformity with generally accepted accounting practices. (b) Owner shall submit to Agency annually, on or before of each calendar year, a report setting forth the rental rate of all Units and the income and number of known occupants of all Units. The income information required by this Section shall be supplied by the tenants of the Units in a certified statement on a form from time to time provided by Agency. (c) Owner shall provide Agency audited financial statements of the operations of the Project showing the rents and periods of time each Unit was rented. The first 11087XOOOIW14383.3 8 accounting period for which such statements shall be provided shall end on the last day of the month in which all of the Units have been initially rented to the first occupants, the accounting shall be made to Agency within 30 days of such date, [but need not be audited]. Thereafter, annual audited financial statements shall be made within 30-days of the yearly anniversary of the end of the month for which the first accounting report was made. [TIMING?] (d) Owner shall maintain a complete and accurate rent roll listing all Units, with the very low and lower income Units listed separately, and the names of all tenants, the dates of their tenancies and the amounts of rents and security deposits charged and collected. (e) Agency, its agents and employees, shall have the right, after reasonable notice, to review and inspect, at reasonable times during business hours, the books, records and accounts of Owner specifically regarding the Property, from and after the date of the recordation of this Agreement and until the expiration of this Agreement. (f) Owner shall retain all documents and records pertaining to the rents charged, income of tenants and all matters relating to Owner's obligations under Section 4 of this Agreement for a period of 3 years and make shall them available to Agency on 5 business days' prior notice, provided however that if the provisions of any federal or state law or regulation requires a longer period of retention, Owner shall comply with such period or retention. (g) Agency may conduct audits of the rents charged, income of tenants and all matters relating to Owner's obligations under this Agreement and within 3 years from the date of the applicable period with respect to which such records relate, and Owner shall cooperate with the Agency's auditors in conducting the audit. Such audits shall not occur more frequently than once each fiscal year. Agency shall pay for the costs of the audit unless the audit reveals that Owner did not materially comply with the provisions of this Agreement, in which case, Owner shall pay all costs of the audit. 11. Violation of Regulatory Agreement And/or Loan Documents by Owner. (a) Owner shall perform each and every obligation set forth in this Agreement and the DDA and Agency Loan Documents between Owner and Agency respecting the Property. (b) In the event of the violation by Owner of any of the provisions of this Agreement or the DDA or the Agency Loan Documents, then Agency shall give written notice thereof to Owner by registered mail addressed to Owner at the address stated in this Agreement, or to such other address as may have been designated by Owner. If such violation is not cured to the satisfaction of Agency within the time period specified in the DDA or the Agency Loan Documents (or if no period is specified, within 30 days after the date such notice is received, or if such violation is a non-monetary obligation that cannot reasonably be cured within such 30 day period, then if Owner fails to commence to cure such violation within said 30 day period and fails diligently to prosecute such cure to completion as soon as reasonably possible but, in not event, no later than 3 months after receipt of notice of such violation), then Agency may without further notice, declare in writing a default under this Agreement effective on the 11087~0001\714383.3 9 date of such declaration of default, and upon any such declaration of default Agency may apply to any court, State or Federal, for specific performance of this Agreement; for an injunction against any violation by Owner of this Agreement or of the DDA or the Agency Loan Documents, and for the appointment of a receiver to take over and operate the Property in accordance with the terms of this Agreement or the DDA or the Agency Loan Documents, or for such other relief as may be appropriate, including without limitation damages, and the cost to Agency in enforcing the terms of this Agreement (including the reasonable time expended by Agency staff, consultants, auditors, attorneys and other personnel involved in such enforcement). (c) The remedies of Agency herein, or under any other instrument providing for or evidencing the financial assistance provided herein, are cumulative, and the exercise of one or more of such remedies shall not be deemed an election of all remedies and shall not preclude the exercise by Agency of any one or more of its other remedies. (d) Agency shall provide by mall copies of any notice of any violation to all other lien holders who have delivered a request therefor to the Agency and have also recorded a Request for Special Notice in accordance with California Civil Code Section 2924e (as amended), at the address for notices most recently provided by Owner or such lien holders for such notices, and such parties shall have the same right to cure Owner's defaults hereunder on behalf of Owner. 12. General Provisions. (a) The covenants which have been established pursuant to this Agreement shall be deemed to be covenants running with the land for the benefit of the Project Area and Agency in carrying out its statutory responsibilities under California Redevelopment Act (Health and Safety Code Sections 33000 et seq.) to implement the Redevelopment Plan and to provide for the development of low and moderate income housing in the community. The covenants hereof shall be binding upon the Property and run for the benefit of the Project Area and Agency and its successors and assigns, and such covenants shall run in favor of Agency for the entire period during which such covenants shall be in force and effect, without regard to whether Agency is or remains an owner of any land or interest therein to which such covenants relate. Agency is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own fights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Only Agency and its successors in interest may enforce this Agreement; nothing herein is intended to create any third party beneficiaries to this Agreement, and no person or entity other than Agency or Owner, and the permitted successors and assigns of either of them, shall be authorized to enforce the provisions of this Agreement. Not by way of limitation of the foregoing, the tenants of the Property are not intended to be third party beneficiaries hereunder. (b) This Agreement and the covenants reservations, restrictions and agreements contained herein shall be a burden upon the Property and shall bind Owner, its successors and assigns with respect to the Property. Owner may not assign any of the benefits of this Agreement, or delegate any of Owner's obligations hereunder, voluntarily or by operation of /aw, without the prior written approval of Agency. 11087~)001\714383.3 10 (c) Agency and its successors and assigns, and Owner and its successors and assigns as holders of the ground leasehold interest in the Property, shall have the right to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants, reservations and restrictions contained in this Agreement. (d) This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof and may not be altered or amended except by writing executed between the parties to be charged. (e) In any action between the parties to interpret, enforce, reform, modify, rescind, or otherwise in connection with any of the terms or provisions of this Agreement, the prevailing party in the action shall be entitled, in addition to any other relief to which it may be entitled, reasonable costs and expenses including, without limitation, litigation costs and reasonable attorneys' fees. (f) If any term, covenant, condition or provision of this Agreement, or the application thereof to any circumstance, shall, at any time or to any extent, be determined by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of this Agreement, or the application thereof to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, condition and provision of this Agreement, shall be valid and enforceable, to the fullest extent permitted by law. (g) The use of the plural in this Agreement shall include the singular and the singular shall include the plural, and the use of one gender shall be deemed to include all genders. (h) Time is of the essence hereof. (i) No waiver by Agency of any breach of or default under this Agreement shall be deemed to be a waiver of any other or subsequent breach thereof or default hereunder. (j) This Agreement and all related documents shall be deemed to be contracts made and delivered in the State of California and shall be governed and construed and interpreted in accordance with the laws of said State. Headings and titles herein are for convenience only and shall not influence any construction or interpretation. (k) Any notice required to be given hereunder shall be given by certified or registered mail, postage prepaid, return receipt requested, at the addresses specified below, or at such other addresses as may be specified in writing by the parties hereto as follows: If to Agency: Redevelopment Agency of the City of Temecula Post Office Box 9033 Temecula, California 92589-9033 Attention: Executive Director 11087~}001\714383.3 11 and to: Redevelopment Agency of the City of Temecula 43200 Business Park Drive Temecula, California 92589-9033 Attn.: Executive Director Tel.: (909) 694-6~.n.~, Fax: (909) 694-1999 With a copy to: Richards, Watson & Gershon 333 South Hope Street, 38th Floor Los Angeles, California 90071 Attn.: Peter Thorson Tel.: (213) 626-8484 Fax: (213) 626-0078 If to Owner, to: c/o Corporation for Better Housing 15490 Ventura Boulevard, Suite 210 Sherman Oaks, California 91403 Attn: David A. Ferguson Tel: (818) 905-2430 Fax: (818) 905-2440 (1) This Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed to be an original. [remainder of this page intentionally left blank] 11087~0001\714383.3 12 IN WITNESS WHEREOF, the parties hereto have entered into this Regulatory Agreement as of the day and year first above written. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic 28500 PUJOL STREF~T, a California limited partnership By:. By: Chairperson Corporation for Better Housing, a , General Partner By: Name: Title: Attest: Secretary "Agency" "Owner" Approved as to Form: RICHARDS, WATSON & GERSHON, a professional corporation Agency Counsel By:. 11087~0001\714383.3 13 Exhibit A Legal Description EXHIBITS 11087~0001W14383.3 14 ORDER NO 10212831-9 EXHIBIT "A" PARCEL 1: THE NORTHWESTERLY 170 FEET OF THE NORTHWESTERLY HALF OF THAT TRACT OF LAND, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FORMERLY USED AS A RAILROAD RIGHT OF WAY AND STATION GROUNDS OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL, ET AL, BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, IN BLOCK 27, AS SHOWN BY MAP OF TEMECULA ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1 IN BLOCK 36 AS SHOWN BY SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, IN BLOCK 37, AS SHOWN ON SAID MAP; THENCE NORTHEASTERLY, IN A STRAIGHT LINE, TO THE MOST WESTERLY CORNER OF LOT 22 IN BLOCK 25, AS SHOWN ON SAID MAP; THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF BEGINNING; EXCEPT THE NORTHWESTERLY 70 FEET. ALSO EXCEPT THE NORTHEASTERLY 125 FEET AS MEASURED FROM THE SOUTHWESTERLY LINE OF RIVER STREET. PARCEL 2: THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 255 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: -4- ORDER NO 10212831-9 BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27, AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP; THENCE NORTHEASTERLY, ON A STRAIGHT LINE, TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 AS SHOWN BY SAID MAP; THENCE SOUTHEASTERLY, IN A STRAIGHT LINE TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL STREETS, AS SHOWN BY SAID MAP. PARCEL 3: THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 340 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27, AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37 AS SHOWN ON SAID MAP; THENCE NORTHEASTERLY IN A STRAIGHT LINE TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 ON SAID; THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL STREETS, AS SHOWN BY SAID MAP. -5- ORDER NO 10212831-9 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 2. 3. 4. o o NO TAXES DUE NO TAXES DUE NO TAXES DUE THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICT AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. THE TERMS, COVENANTS AND PROVISIONS OF THE INSTRUMENT EXECUTED BY AND BETWEEN KACOR REALTY, INC. AND RANCHO CALIFORNIA WATER DISTRICT, RECORDED MAY 7, 1979 AS INSTRUMENT NO. 92330, OFFICIAL RECORDS. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. AN AGENCY AGREEMENT DATED MARCH 29, 1979 BY AND BETWEEN KACOR REALTY INC. AND RANCHO CALIFORNIA WATER DISTRICT WHEREIN IT IS AGREED THAT SAID DISTRICT IS DESIGNATED AS EXCLUSIVE AGENCY FOR THE EXTRACTION, DIVERSION, STORAGE, BLENDING AND DISTRIBUTION OF ALL LOCAL WATER, RECORDED MAY 7, 1979 AS INSTRUMENT NO. 92330 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. NOTE: PLEASE BE ADVISED THAT WE DO NOT FIND ANY OPEN DEEDS OF TRUST OF RECORD. IF YOU SHOULD HAVE KNOWLEDGE OF ANY OUTSTANDING OBLIGATION, PLEASE CONTACT THIS OFFICE IMMEDIATELY FOR FURTHER REVIEW. -6- ORDER NO 10212831-9 10. WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: ALL PARTIES TO THIS TRANSACTION (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.) -7- State of Califomia } } County of } On ,2003, before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) State of California } } County of } On ,2003, before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) 11087~0001\714383.3 State of California } } County of } On ,2003, before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) State of California } } County of } On ,2003, before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) 11087~0001\714383.3 EXHIBIT F FORM OF AGENCY NOTE [Attached.] 11087~0001\713019.3 F-1 PROMISSORY NOTE SECURED BY DEED OF TRUST $2,615,000.00 Date: ,2003 Temecula, California 1. Basic Terms. For value received, the undersigned ("Developer") promises to pay to the order of the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA (the "Agency") at Post Office Box 9033, 43200 Business Park Drive, Temecula, California 92589-9033, or at such other place as Agency may from time to time designate in writing, a principal amount of up to Two Million Six Hundred Fifteen Thousand Dollars ($2,615,000.00) or so much thereof as shall from time to time be disbursed hereunder, with interest from and after the date on which a Certificate of Occupancy is issued by the appropriate governmental authority for the Project (as defined in that certain Disposition and Development Agreement dated ,2003 between Agency and Developer, hereinafter referred to as the "DDA") equal to THREE PERCENT (3%) per annum. All accrued but unpaid interest shall be added to principal on each anniversary of this Note and shall thereafter bear interest at the interest rate specified in this Note. 2. Maturity Date and Payments. All unpaid principal and accrued interest under this Note shall be due and payable on the date that is fifty-five (55) calendar years after the date of this Note or such earlier date on which the principal and interest under this Note are accelerated pursuant to the terms of this Note (the "Maturity Date"). Prior to the Maturity Date, Developer shall pay to Agency on the of every calendar month, fifty percent (50%) of all Residual Receipts (as defined in the DDA) for the preceding calendar month period. 3. Prepayment. Developer may prepay the outstanding principal balance under this Note, in whole or in part, and other sums owed to Agency under this Note, at any time without penalty. 4. Lawful Money. All amounts shall be payable in lawful money of the United States of America. 5. Applications of Payments; Late Charges. a. Any payments received by Agency pursuant to the terms hereof shall be applied first to sums, other than principal, due Agency pursuant to this Note, next to the payment of interest, if any, due Agency pursuant to this Note, then to reduce principal. 11087X0016\714400.2 b. If any payment is not received by Agency within ten (10) days following the due date thereof, then in addition to the remedies conferred upon Agency pursuant to Section 9 hereof and the other Agency Loan Documents (as defined in the DDA), a late charge of five percent (5%) of the amount due and unpaid shall be added to the delinquent amount to compensate Agency for the expense of handling the delinquency, computed from the date on which the amount was due and payable until paid. Without prejudice to the rights of Agency hereunder or under any of the other Agency Loan Documents, Developer shall indemnify Agency against, and shall pay Agency on demand, any expense or loss which it may sustain or incur as a result of the failure by Developer to pay when due any installment of interest and/or principal, fees, or other amounts payable to Agency under this Note or any other Agency Loan Document, to the extent that any such expense or loss is not recovered pursuant to such foregoing provisions. 6. Security. This Note is secured by a Deed of Trust and the other Agency Loan Documents, which instruments create a lien on certain real and personal property described therein. 7. Acceleration by Reason of Transfer or Financing. Prior to the repayment in full of this Note and the full release and reconveyance of the Deed of Trust, the Developer shall not assign or attempt to assign the DDA or any right therein, nor make any total or partial sale, transfer, conveyance or assignment of the whole or any part of the Property, the Project thereon, or any portion thereof or interest therein, and the general partner of the Developer shall not assign, encumber or transfer its partnership interest in Developer, without the prior written consent of the Agency except as otherwise expressly permitted in the DDA. In the event of a violation of the preceding paragraph, Agency may declare the outstanding principal amount of this Note and the interest accrued thereon, and ail other sums secured hereby, to be due and payable immediately. 8. Events of Default. The occurrence of a "default" by Borrower under the DDA, the Loan Agreement or the Regulatory Agreement shall constitute an "Event of Default" under this Note. 9. Remedies. Upon the occurrence of an Event of Default, at the option of Agency, the entire balance of principal with all accrued interest thereon, together with other amounts owed by Developer to Agency under this Note and the Deed of Trust, shall, without demand or notice, immediately become due and payable. No delay or omission on the part of Agency in exercising any right under this Note or under any of the other Agency Loan Documents shall operate as a waiver of such right. Upon the occurrence of any Event of Default (and so long as such Event of Default shall continue), the entire balance of principal together with other amounts owed by Developer to Agency under this Note and the Deed of Trust shall bear interest at the then applicable interest rate set forth in this Note plus five percent (5%) (the "Default Rate"). No 11087~0016\714400.2 -2- delay or omission on the part of Agency in exercising any right or remedy shall operate as a waiver of such right or remedy. 10. Waiver. Developer hereby waives diligence, presentment, protest and demand, notice of protest, dishonor and nonpayment of this Note, and expressly agrees that, without in any way affecting the liability of Developer hereunder, Agency may extend any maturity date or the time for payment of any installment due hereunder, accept additional security, release any party liable hereunder and release any security now or hereafter securing this Note. Developer further waives, to the fullest extent permitted by law, the right to plead any and all statutes of limitations as a defense to any demand on this Note, or on any deed of trust, security agreement, guaranty or other agreement now or hereafter securing this Note. 11. Attorneys' Fees. If this Note is not paid when due or if any Event of Default occurs, Developer promises to pay all costs of enforcement and collection, including but not limited to reasonable attorneys' fees, whether or not any action or proceeding is brought to enforce the provisions hereof. 12. Severability. Every provision of this Note is intended to be severable. In the event any term or provision hereof is declared by a court of competent jurisdiction to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. 13. Number and Gender. In this Note the singular shall include the plural and the masculine shall include the feminine and neuter gender, and vice versa, if the context so requires. [remainder of page intentionally left blank] 11087X0016\714400.2 -3- 14. Inconsistency with DDA. In the case of any inconsistency between the provisions of this Note and the DDA, the provisions of this Note shall prevail. "DEVELOPER" 28500 PUJOL STREET, a California limited partnership By: Corporation for Better Housing, a corporation, its General Partner By: Name: Title: 11087~0016\714400.2 4- EXHIBIT G FORM OF AGENCY DEED OF TRUST [A~ached.] 11087X0001\713019.3 G-1 RECORDING REQUESTED BY AND W-I-IEN RECORDED MAIL TO Redevelopment Agency of the City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Clerk Exempt from recordin~ fees pursuant to Gov. Code Sec. 6103 & 27383 (Space Above This Line for Recorder's Use) DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING (WITH ASSIGNMENT OF RENTS) This Deed of Trust, Security Agreement and Fixture Filing (With Assignment of Rents) is made as of ,2003, by 28500 PUJOL STREF. T, a Califomia limited partnership (hereinafter referred to as "Trustor"), whose address is c/o Corporation for Better Housing, 15490 Ventura Blvd., Suite 210, Sherman Oaks, California 91403, Attn: David A. Ferguson, to First American Title Insurance Company (hereinafter called "Trustee"), for the benefit of the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic (hereinafter called "Beneficiary"), whose address is Post Office Box 9033, 43200 Business Park Drive, Temecula, California 92589-9033; Telephone: (909) 694-6444; Fax: (909) 694-1999. The Trustor grants, transfers and assigns to the Trustee in trust, upon the covenants, conditions and agreements and for the uses and purposes hereinafter contained, with power of sale, and right of entry and possession, all of its right, title and interest in that certain real property (the "Site") in the City of Temecula, County of Riverside, State of California, described in Exhibit A attached hereto and incorporated herein by this reference. Together with the Trustor's interest in all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Site; and Together with the rents, issues and profits thereof; and together with all buildings and improvements of every kind and description now or hereafter erected or placed thereon, and all fixtures, including but not limited to all gas and electric fixtures, engines and machinery, radiators, heaters, furnaces, heating equipment, laundry equipment, steam and hot-water boilers, stoves, ranges, elevators and motors, bathtubs, sinks, water closets, basins, pipes, faucets and other plumbing and heating fixtures, mantles, cabinets, refrigerating plant and refrigerators, whether mechanical or otherwise, cooking apparatus and appurtenances, and all shades, awnings, screens, blinds and other furnishings, it being hereby agreed that all such fixtures and furnishings shall to the extent permitted by law be deemed to be permanently affixed to and a part of the realty; and 11087'~016\714397.2 Together with all building materials and equipment now or hereafter delivered to said premises and intended to be installed therein; and Together with all plans, thawings, specifications, etc., and articles of personal property now or hereafter attached to or used in and about the building or buildings now erected or hereafter to be erected on the Site which are necessary to the completion and comfortable use and occupancy of such building or buildings for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or fumisbed in operating a building, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or shall be attached to said building or buildings in any manner. To have and to hold the property hereinbefore described (including the Site and all appurtenances), all such property being referred to collectively herein as the "Property," to the Trustee, its successors and assigns forever. FOR THE PURPOSE of securing (1) payment of indebtedness of the Trustor to the Beneficiary in the principal sum of Two Million Six Hundred Fifteen Thousand Dollars ($2,615,000.00), as evidenced by a promissory note of even date herewith between the Trustor and the Beneficiary ("Note"); (2) the performance of each agreement of the Trustor in this Deed of Trust, the Note and that certain Construction Loan Agreement dated of even date herewith between Trustor and Beneficiary (the "Loan Agreement"); (3) the performance of each agreement of the Trustor under that certain Disposition and Development Agreement, dated as of ,2003, by and between the Trustor (the "Developer" therein) and the Beneficiary ("Agency" therein), on file in the Office of the Beneficiary (the "Agreement"); and (4) all extensions, amendments, modifications or renewals of the Note, the Loan Agreement or the Agreement, however evidenced, and additional advances evidenced by any note reciting that it is secured hereby. The Agreement, the Loan Agreement, the Note and this Deed of Trust are referred to collectively as the "Agency Documents." AND TO PROTECT THE SECURITY OF THE DEED OF TRUST, THE TRUSTOR COVENANTS AND AGREES: 1. That it will pay the Note at the time and in the manner provided therein; That it will not permit or suffer the use of any of the Property for any purpose other than the use set forth in the Agreement; That the Note and Agreement are incorporated herein and made a part of this Deed of Trust. Upon default under the Note or this Deed of Trust or upon violation of the Agreement, the Beneficiary, at its option, may declare the whole of the indebtedness secured hereby to be due and payable; That all rents, profits and income from the Property covered by this Deed of Trust are hereby assigned to the Beneficiary for the purpose of discharging the debt hereby secured. Permission is hereby given to the Trustor, so long as no default exists hereunder, to collect such rents, profits and income; 11087~0016\714397.2 -2- o 10. That upon default under any of the Agency Documents, the Beneficiary shall be entitled to the appointment of a receiver by any court having jurisdiction, without notice, to take possession and protect the Property described herein and operate same and collect the rents, profits and income therefrom; That the Trustor will keep the improvements now existing or hereafter erected on the Property insured against loss by fire and such other hazards, casualties and contingencies as may be required in writing from time to time by the Beneficiary, and all such insurance shall be evidenced by standard fire and extended coverage insurance policy or policies. In no event shall the amounts of coverage be less than one hundred percent (100%) of the replacement cost of the improvements on the Property. Such policies shall be endorsed with standard mortgagee clause with loss payable to the Beneficiary, and certificates thereof together with copies of original policies shall be deposited with the Beneficiary; To pay, at least ten (10) days before delinquency, any taxes and assessments affecting said Property when due, all encumbrances, charges and liens, with interest, on said Property or any part thereof which appear to be prior or superior hereto, all costs, fees and expenses of this Trust; To keep said Property in good condition and repair, and not to remove or demolish any buildings thereon (except for the remodeling of three existing homes); to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged, or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor (unless contested in good faith if the Trustor provides security satisfactory to the Beneficiary that any amounts found to be due will be paid and no sale of the Property or other impairment of the security hereunder will occur); to comply with all laws affecting said Property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said Property in violation of law and/or covenants, conditions and/or restrictions affecting said Property; not to permit or suffer any alteration of or addition to the improvements hereafter constructed in or upon said Property without the consent of the Beneficiary; To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of the Beneficiary or the Trustee, and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which the Beneficiary or the Trustee may appear; Should the Trustor fail to make any payment or do any act as herein provided, then the Beneficiary or the Trustee, but without obligation so to do and without notice to or demand upon the Trustor and without releasing the Trustor from any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. The Beneficiary or the Trustee being authorized to enter upon said Property for such purposes, may commence, appear in and/or defend any action or proceeding purporting to affect the security hereof or the rights or powers of the Beneficiary or the Trustee; may pay, purchase, contest or compromise any 11087\0016\714397.2 -3- encumbrance, charge, or lien which in the judgment of either appears to be prior or superior hereto; and, in exemising any such powers, may pay necessary expenses, employ counsel, and pay its reasonable fees; 11. The Beneficiary shall have the fight to pay tim and other property insurance premiums when due should the Trustor fail to make any required premium payments. All such payments made by the Beneficiary shall be added to the principal sum secured hereby; 12. To pay immediately and without demand all sums so expended by the Beneficiary or the Trustee, under permission given under this Deed of Trust, with interest from date of expenditure at the highest rate of interest permitted by law, after an Event of Default; 13. That the loan evidenced by the Note is in consideration for Tmstor's agreement to use the Property in accordance with the Agency Documents; and upon the failure of the Trustor to keep and perform all the covenants, conditions and restrictions of any of the Agency Documents, the principal sum and all other charges provided for in the Note shall at the option of the Beneficiary become due and payable, anything contained herein to the contrary notwithstanding; 14. The Trustor further covenants that it will not voluntarily create, suffer or permit to be created against the Property subject to this Deed of Trust any lien or liens except as authorized by the Beneficiary and further that it will keep and maintain the Property free from the claims of all persons supplying labor or materials which will enter into the construction of any and all improvements now being constructed or to be constructed on the Property; 15. That any and all improvements made or about to be made on the Property, and all plans and specifications, shall comply with all applicable municipal ordinances and regulations and all other regulations made or promulgated, now or hereafter, by lawful authority, and that the same will upon completion comply with all such municipal ordinances and regulations and with the rules of the applicable fire rating or inspection organization, bureau, association or office; 16. The Trustor herein agrees to pay to the Beneficiary or to the authorized financial servicing representative of the Beneficiary a charge not to exceed $15.00 for providing a statement regarding the obligation secured by this Deed of Trust as provided by Section 2954, Article 2, Chapter 2, Title 14, Division 3 of the California Civil Code, IT IS MUTUALLY AGREED THAT: 17. If the construction of any improvements as herein referred to shall not be carded on with reasonable diligence, or shall be discontinued for more than fourteen (14) days for any reason other than strikes or lockouts, the Beneficiary, after due notice to the Trustor or any subsequent owner, is hereby vested with full and complete authority to enter upon the Property, employ watchmen to protect such improvements from depreciation or injury and to preserve and protect the personal property therein, and to continue any and all outstanding contracts for the erection and completion of said building or buildings, to make and enter into any contracts and obligations wherever necessary, either in its own 11087\0016\714397.2 -4- 18. 19. 20. name or in the name of the Trustor, and to pay and discharge all debt, obligations and liabilities incurred thereby. All such sums so advanced by the Beneficiary (exclusive of advances of the principal of the indebtedness secured hereby) shall be added to the principal of the indebtedness secured hereby and shall be secured by this Deed of Trust and shall be due and payable on demand with interest at the highest rate of interest permitted by law; Should the Property or any part thereof be taken or damaged by reason of any public improvement or condemnation proceeding, or damaged by fire, or earthquake, or in any other manner, the Beneficiary shall be entitled to ail compensation, awards, and other payments or relief therefor, and shail be entitled at its option to commence, appear in and prosecute an its own name, any action or proceedings, or to make any compromise or settlement, in connection with such taking or damage. All such compensation, awards, damages, rights of action and proceeds, including the proceeds of any policies of fire and other insurance affecting said Property, are hereby assigned to the Beneficiary. After deducting therefrom all its expenses, including attorneys' fees, the balance of the proceeds shall be applied to the amount due under the Note secured hereby. No amount applied to the reduction of the principal shall relieve the Trustor from making additional payments as required by the Note; Upon default by the Trustor under the Loan Agreement, the Beneficiary may declare ail sums secured hereby immediately due and payable and may exercise its rights and remedies under the Agency Documents and applicable law, including, without limitation, delivery to the Trustee of written declaration of default and demand for sale, and of written notice of default and of election to cause the Property to be sold, which notice the Trustee shall cause to be duly filed for record; Beneficiary's remedies shall include, without limitation, after the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, the right to cause the Trustee, without demand on the Trustor, to sell said Property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. The Trustee may postpone sale of all or any portion of said Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. The Trustee shall deliver to the purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in the deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including the Trustor, the Trustee or the Beneficiary, may purchase at the sale. The Trustee shall apply the proceeds of sale to payment of: (a) the expenses of such sale, together with the reasonable expenses of this trust including therein the Trustee's fees or attorneys' fees for conducting the sale, and the actuai cost of publishing, recording, mailing and posting notice of the sale; (b) the cost of any search and/or other evidence of title procured in connection with such saie and revenue stamps on the Trustee's deed; (c) all sums expended under the terms hereof, not then repaid; (d) ail 11087\0016\714397.2 -5- 21. 22. 23. 26. 27. 28. other sums then secured hereby; and (e) the remainder, if any, to the person or persons legally entitled thereto; The Beneficiary may from time to time substitute a successor or successors to the Trustee named herein or acting hereunder to execute this Deed of Trust. Upon such appointment, and without conveyance to the successor trustee, the latter shall be vested with ail title, powers, and duties conferred upon the Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument executed by the Beneficiary, containing reference to this Deed of Trust and its place of record, which, when duly recorded in the proper office of the county or counties in which the Property is situated, shall be conclusive proof of proper appointment of the successor trustee; The pleading of any statute of limitations as a defense to any and all obligations secured by this Deed of Trust is hereby waived to the fullest extent permissible by law; At such time as the Note is paid in full or otherwise canceled pursuant to the Note or the Agreement, the Beneficiary may submit a written request stating that all sums secured hereby have been paid or forgiven pursuant to the Note or Agreement, and upon surrender of this Deed of Trust and the Note to the Trustee for cancellation and retention and upon payment of its fees, the Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters of fact shall be conclusive proof of the truthfulness thereofi The grantee in such reconveyance may be described as "the person or persons legally entitled thereto;" The trust created hereby is irrevocable by the Trustor; This Deed of Trust applies to, inures to the benefit of; and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term "the Beneficiary" shall include not only the original Beneficiary hereunder but also any future owner and holder, including pledgees of the Note secured hereby. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural; The Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided by law. Except as otherwise provided by law the Trustee is not obligated to notify any party hereto of pending sale under this Deed of Trust or of any action or proceeding in which the Trustor, the Beneficiary, or the Trustee shail be a party unless brought by the Trustee; The Trustor agrees at any time and from time to time upon receipt of a written request from the Beneficiary, to furnish to the Beneficiary a detailed statement in writing of income, rents, profits and operating expenses of the Property, and the names of the occupants in possession, together with full information regarding all purchase and sale and occupancy agreements, and such other information regarding the Property and its use as may be requested by the Beneficiary; The Trustor shall permit the Beneficiary and its agents or representatives to inspect the Property at any and all reasonable times with or without advance notice. Inspections 11087\0016\714397.2 -6- 29. 30. shall be conducted so as not to interfere with the occupants' use and enjoyment of the Property; The sums secured hereby shall be subject to the restrictions set forth in the Agency Documents, and the Trustor hereby consents to such restrictions and agrees to be bound thereby. Such restrictions shall be in addition to and not in limitation of the rights of the Beneficiary expressly set forth in this Deed of Trust; For purposes of this Deed of Trust, "Hazardous Materials" shall mean any substance, chemical, compound or mixture which is (or contains or is the decomposition product of any substance, chemical compound, or mixture which is): (a) a "Hazardous Substance," "Hazardous Material," "Hazardous Waste," or "Toxic Substance" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 II.S.C. §§ 9601, et sea., the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801, et seq., or the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq.; (b) an "Extremely Hazardous Waste," a "Hazardous Waste," or a "Restricted Hazardous Waste," under §§ 25115, 25117 or 25122.7 of the California Health and Safety Code, or is listed or identified pursuant to §§ 25140 or 44321 of the California Health and Safety Code; (c) a "Hazardous Material," "Hazardous Substance," "Hazardous Waste," "Toxic Air Contaminant," or "Medical Waste" under §§ 25281, 25316, 25501, 25501.1, 25023.2 or 39655 of the California Health and Safety Code; (d) "Oil" or a "Hazardous Substance" listed or identified pursuant to § 311 of the Federal Water Pollution Control Act, 33 U.S.C. § 1321, as well as any other hydrocarbonic substance or by-product; (e) listed or defined as a "Hazardous Waste," "Extremely Hazardous Waste," or an "Acutely Hazardous Waste" pursuant to Chapter 11 of Title 22 of the California Code of Regulations; (f) listed by the State of California as a chemical known by the State to cause cancer or reproductive toxicity pursuant to § 25249.9(a) of the California Health and Safety Code; (g) a material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, damages or threatens to damage, health, safety, or the environment, or is required by any law or public agency to be remediated, including remediation which such law or public agency requires in order for the Property to be put to any lawful purpose; (h) any material whose presence would require remediation pursuant to the guidelines set forth in the State of Califomia Leaking Underground Fuel Tank Field Manual, 11087\0016\714397.2 -7- 31. whether or not the presence of such material resulted from a leaking underground fuel tank; (i) pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et seq.; (J) asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq.; (k) any radioactive material including, without limitation, any "source material," "special nuclear material," "by-product material," "low-level wastes," "high-level radioactive waste," "spent nuclear fuel," or "transuranic waste," and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. §§ 2011 et seq., the Nuclear Waste Policy Act, 42 U.S.C. §§ 10101 et seq., or pursuant to the California Radiation Control Law, California Health and Safety Code §§ 25800 et seq., (1) regulated under the Occupational Safety and Health Act, 29 U.S.C. §§ 651 et seq., or the California Occupational Safety and Health Act, Califomia Labor Code §§ et seq.; and/or (m) regulated under the Clean Air Act, 42 U.S.C. §§ 7401 et seq. or pursuant to Division 26 of the California Health and Safety Code; In addition to the general and specific representations, covenants and warranties set forth in the Deed of Trust or otherwise, the Trustor represents, covenants and warrants, with respect to Hazardous Materials, as follows: Neither the Trustor nor, to the best knowledge of the Trustor, any other person, has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed of on, under or at the Property or any part thereof, and neither the Property nor any part thereof or any property adjacent thereto has ever been used (whether by the Trustor or, to the best knowledge of the Trustor, by any other person) as a manufacturing site, dump site or storage site (whether permanent or temporary) for any Hazardous Materials; bo The Trustor hereby agrees to indemnify the Beneficiary, its officers, employees, contractors and agents, and hold the Beneficiary, its officers, employees, contractors and agents harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against the Beneficiary, its officers, employees, contractors or agents for, with respect to, or as a direct or indirect result of, the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials on or under the Property after the date hereof or the escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Materials from the Property after the date hereof (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under CERCLA, any so-called "Superfund" or "Superlien" 11087~0016\714397.2 -8- 32. law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials), regardless of whether or not caused by, or within the control of the Trustor; Co The Tmstor has not received any notice of: (i) the happening of any event involving the use, spillage, discharge or cleanup of any Hazardous Materials ("Hazardous Discharge") affecting the Trustor or the Property; or (ii) any complaint, order, citation or notice with regard to air emissions, water discharges, noise emissions or any other environmental, health or safety matter affecting the Trustor or the Property ("Environmental Complaint") from any person or entity, including, without limitation, the United States Environmental Protection Agency ("EPA"). If the Trustor receives any such notice after the date hereof, then the Trustor shall give, within seven (7) business days thereafter, oral and written notice of same to the Beneficiary; Without limitation of the Beneficiary's rights under this Deed of Trust, the Beneficiary shall have the right, but not the obligation, to enter onto the Property or to take such other actions as it deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise deal with, any such Hazardous Materials or Hazardous Discharge upon its receipt of any notice from any person or entity, including without limitation, the EPA, asserting the existence of any Hazardous Materials or an Environmental Complaint on or pertaining to the Property which, if true, could result in an order, suit or other action against the Trustor affecting any part of the Property by any governmental agency or otherwise which, in the sole opinion of the Beneficiary, could jeopardize its security under this Deed of Trust. All reasonable costs and expenses incurred by the Beneficiary in the exercise of any such rights shall be secured by this Deed of Trust and shall be payable by the Trustor upon demand, together with interest thereon at a rate equal to the highest rate payable under the Note secured hereby; The foregoing representations, covenants, indemnities and warranties shall be continuing and shall be true and correct for the period from the date hereof to the date of the full release and reconveyance of this Deed of Trust (whether by payment of the indebtedness secured hereby or foreclosure or action in lieu thereof), and these representations, covenants, indemnities and warranties shall survive such release and reconveyance. Prior to the repayment in full of the Note and the full release and reconveyance of this Deed of Trust, the Trustor shall not assign or attempt to assign the Agreement or any right therein, nor make any total or partial sale, transfer, conveyance or assignment of the whole or any part of the Property, any improvements thereon, or any portion thereof or interest therein, and the general partner of Trustor shall not assign, encumber or transfer its partnership interest in Trustor, without the prior written consent of the Beneficiary, which consent may be withheld in the sole and absolute discretion of the Beneficiary, except as otherwise expressly permitted in the Agreement. In the event of a violation of 11087\0016\714397.2 -9- 33. this Section, Beneficiary may declare the outstanding principal amount of the Note and all other sums secured hereby to be due and payable immediately. All expenses (including reasonable attorneys' fees and costs and allowances) incurred in connection with an action to foreclose, or the exemise of any other remedy provided by this Deed of Trust, including the curing of any Event of Default, shall be the responsibility of the Trustor. TRUSTOR 28500 PUJOL STREET, a California limited partnership By: Corporation for Better Housing, a corporation, its General Partner By: Name: Title: 11087\0016\714397.2 - 10- EXHIBIT A LEGAL DESCRIPTION THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF TEMECULA, DESCRIBED AS FOLLOWS: 11087~0001\714383.3 A-1 ORDER NO 10212831-9 EXHIBIT "A" PARCEL 1: THE NORTHWESTERLY 170 FEET OF THE NORTHWESTERLY HALF OF THAT TRACT OF LAND, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FORMERLY USED AS A RAILROAD RIGHT OF WAY AND STATION GROUNDS OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL, ET AL, BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, IN BLOCK 27, AS SHOWN BY MAP OF TEMECULA ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1 IN BLOCK 36 AS SHOWN BY SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, IN BLOCK 37, AS SHOWN ON SAID MAP; THENCE NORTHEASTERLY, IN A STRAIGHT LINE, TO THE MOST WESTERLY CORNER OF LOT 22 IN BLOCK 25, AS SHOWN ON SAID MAP; THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF BEGINNING; EXCEPT THE NORTHWESTERLY 70 FEET. ALSO EXCEPT THE NORTHEASTERLY 125 FEET AS MEASURED FROM THE SOUTHWESTERLY LINE OF RIVER STREET. PARCEL 2: THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 255 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: --4-- ORDER NO 10212831-9 BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27, AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP; THENCE NORTHEASTERLY, ON A STRAIGHT LINE, TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 AS SHOWN BY SAID MAP; THENCE SOUTHEASTERLY, IN A STRAIGHT LINE TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL STREETS, AS SHOWN BY SAID MAP. PARCEL 3: THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 340 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27, AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37 AS SHOWN ON SAID MAP; THENCE NORTHEASTERLY IN A STRAIGHT LINE TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 ON SAID; THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL STREETS, AS SHOWN BY SAID MAP. -5- ORDER NO 10212831-9 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 2. 3. 4. NO TAXES DUE NO TAXES DUE NO TAXES DUE THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICT AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. THE TERMS, COVENANTS AND PROVISIONS OF THE INSTRUMENT EXECUTED BY AND BETWEEN KACOR REALTY, INC. AND RANCHO CALIFORNIA WATER DISTRICT, RECORDED MAY 7, 1979 AS INSTRUMENT NO. 92330, OFFICIAL RECORDS. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. AN AGENCY AGREEMENT DATED MARCH 29, 1979 BY AND BETWEEN KACOR REALTY INC. AND RANCHO CALIFORNIA WATER DISTRICT WHEREIN IT IS AGREED THAT SAID DISTRICT IS DESIGNATED AS EXCLUSIVE AGENCY FOR THE EXTRACTION, DIVERSION, STORAGE, BLENDING AND DISTRIBUTION OF ALL LOCAL WATER, RECORDED MAY 7, 1979 AS INSTRUMENT NO. 92330 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. NOTE: PLEASE BE ADVISED THAT WE DO NOT FIND ANY OPEN DEEDS OF TRUST OF RECORD. IF YOU SHOULD HAVE KNOWLEDGE OF ANY OUTSTANDING OBLIGATION, PLEASE CONTACT THIS OFFICE IMMEDIATELY FOR FURTHER REVIEW. -6- ORDER NO 10212831-9 10. WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO HOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: ALL PARTIES TO THIS TRANSACTION (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NA/4E ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.) -7- EXHIBIT H FORM OF MEMORANDUM OF AGREEMENT [A~ached.] 11087~0001W13019.3 H-1 Recording Requested By and when recorded retum to: Redevelopment Agency of the City of Temecula Post Office Box 9033 Temecula, California 92589-9033 Attention: City Clerk Exempt from recording fees pursuant to Government Code Sec. 6103 MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT THIS MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT (this "Memorandum") is dated as of ,2003, and is entered into between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA (also known as the City of Temecula Redevelopment Agency), a public body corporate and politic (the "Agency") and 28500 PUJOL STREET, L,P,, a California limited partnership (the "Developer"). Recitals A. On or about ., 2003, Agency and Developer entered into a Disposition and Development Agreement ("DDA'), pursuant to which Agency conveyed to Developer the property more described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). B. The DDA contains provisions which specify and restrict the development and use of the Property and impose certain obligations on Developer with respect to the development and use of the Property. C. Agency and Developer desire to execute this Memorandum to provide constructive notice to all third parties of the DDA. NOW, THEREFORE, Agency and Developer mutually agree as follows: 1. DDA. The terms of the DDA are incorporated herein by reference. 2. Assignment. Except as expressly provided in the unrecorded DDA to the contrary, Developer's rights and obligations under the DDA shall not be assigned without Agency's prior written consent, which consent may be granted or withheld in Agency's sole and absolute discretion, and any assignment without such consent shall be void. 11086\0111\717516.1 Old: 714386.2 / New: 714386.3 3. Successors and Assigns. This Memorandum and the DDA shall bind and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns, subject, however, to the provisions of the DDA on assignment. 4. Governing Law. This Memorandum is govemed by California law. 5. Execution in Counterparts. This Memorandum may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 1N WITNESS WHEREOF, the undersigned have executed this Memorandum at Temecula, California, as of the date first written above. Developer: 28500 PUJOL STREET, a Califomia limited partnership By: Corporation for Better Housing, General Partner By:. Name: Title: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic By:. Chairperson Attest: Secretary 11086\0111 \717516.1 Old: 714386.2 / New: 714386.3 -2- Exhibit "A" Legal Description THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF TEMECULA, DESCRIBED AS FOLLOWS: 11086\0111\717516.1 Old: 714386.2 / New: 714386.3 A-1 ORDER NO 10212831-9 EXHIBIT "A" PARCEL 1: THE NORTHWESTERLY 170 FEET OF THE NORTHWESTERLY HALF OF THAT TRACT OF LAND, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FORMERLY USED AS A RAILROAD RIGHT OF WAY AND STATION GROUNDS OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL, ET AL, BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, IN BLOCK 27, AS SHOWN BY MAP OF TEMECULA ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1 IN BLOCK 36 AS SHOWN BY SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, IN BLOCK 37, AS SHOWN ON SAID MAP; THENCE NORTHEASTERLY, IN A STRAIGHT LINE, TO THE MOST WESTERLY CORNER OF LOT 22 IN BLOCK 25, AS SHOWN ON SAID MAP; THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF BEGINNING; EXCEPT THE NORTHWESTERLY 70 FEET. ALSO EXCEPT THE NORTHEASTERLY 125 FEET AS MEASURED FROM THE SOUTHWESTERLY LINE OF RIVER STREET. PARCEL 2: THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 255 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: --4-- ORDER NO 10212831-9 BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27, AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP; THENCE NORTHEASTERLY, ON A STRAIGHT LINE, TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 AS SHOWN BY SAID MAP; THENCE SOUTHEASTERLY, IN A STRAIGHT LINE TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL STREETS, AS SHOWN BY SAID MAP. PARCEL 3: THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 340 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27, AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37 AS SHOWN ON SAID MAP; THENCE NORTHEASTERLY IN A STRAIGHT LINE TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 ON SAID; THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL STREETS, AS SHOWN BY SAID MAP. -5- ORDER NO 10212831-9 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. NO TAXES DUE 2. NO TAXES DUE 3. NO TAXES DUE 4. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICT AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. THE TERMS, COVENANTS AND PROVISIONS OF THE INSTRUMENT EXECUTED BY AND BETWEEN KACOR REALTY, INC. AND RANCHO CALIFORNIA WATER DISTRICT, RECORDED MAY 7, 1979 AS INSTRUMENT NO. 92330, OFFICIAL RECORDS. 7. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 8. AN AGENCY AGREEMENT DATED MARCH 29, 1979 BY AND BETWEEN KACOR REALTY INC. AND RANCHO CALIFORNIA WATER DISTRICT WHEREIN IT IS AGREED THAT SAID DISTRICT IS DESIGNATED AS EXCLUSIVE AGENCY FOR THE EXTRACTION, DIVERSION, STORAGE, BLENDING AND DISTRIBUTION OF ALL LOCAL WATER, RECORDED MAY 7, 1979 AS INSTRUMENT NO. 92330 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. NOTE: PLEASE BE ADVISED THAT WE DO NOT FIND ANY OPEN DEEDS OF TRUST OF RECORD. IF YOU SHOULD HAVE KNOWLEDGE OF ANY OUTSTANDING OBLIGATION, PLEASE CONTACT THIS OFFICE IMMEDIATELY FOR FURTHER REVIEW. -6- ORDER NO 10212831-9 10. WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: ALL PARTIES TO THIS TRANSACTION (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.) -7- State of Califomia } } County of } On ., 2003, before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) State of California } } County of } On ,2003, before me, ., a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) 11086\0111\717516.1 Old: 714386.2 /New: 714386.3 State of Califomia } } County of } On _, 2003, before me, ., a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) State of California } County of } On ,2003, before me, ., a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) 11086\0111\717516.1 Old: 714386.2 /New: 714386.3 EXHIBIT I FORM OF CERTIFICATE OF COMPLETION [Attached.] 11087\0001\713019.3 I-1 Recording requested by, and when recorded, return to: Temecula Redevelopment Agency 43200 Business Park Drive Temecula, California 92590 Attention: Executive Director Exempt from Recording Fees in accordance with Section 6103 of the California Government Code TEMECULAREDEVELOPMENT AGENCY CERTIFICATE OF COMPLETION WHEREAS, the TEMECULA REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency"), and 28500 PUJOL STREET, L.P., a California limited partnership ("Developer"), have entered into that certain Disposition and Development Agreement dated as of ,2003 (the "DDA"), concerning certain real property situated in the City of Temecula, California, described in Exhibit A, which is attached hereto and incorporated herein by this reference (the "Site"); and WHEREAS, as contemplated by the DDA, the Agency is to furnish the Developer with a Certificate of Completion upon the completion of construction of the improvements to be completed by the Developer under the DDA, which Certificate of Completion is to be in such form as to permit it to be recorded in the Official Records of Riverside County; and WHEREAS, the Developer completed the construction of the improvements. NOW, THEREFORE, THE AGENCY CERTIFIES AS FOLLOWS: 1. The Agency does hereby certify that the construction of the improvements has been fully and satisfactorily performed and completed. 2. This Certificate shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any holder of a mortgage or any insurer of a mortgage, securing money loaned to finance the improvements or any part thereof. 3. This Certificate is not a Certificate of Completion as referred to in Section 3093 of the California Civil Code. IN WITNESS WHEREOF, the Agency has executed this Certificate as of ., 200__. TEMECULA REDEVELOPMENT AGENCY, a public body, corporate and politic By: Executive Director 11087X0001~715195.1 -2- STATE OF CALIFORNIA COUNTY OF RIVERSIDE On ,200 , before me, Notary Public, personally appeared [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Seal Signature of Notary Public EXHIBIT A LEGAL DESCRIPTION THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF TEMECULA, DESCRIBED AS FOLLOWS: 11087~0001\714383.3 A-1 ORDER NO 10212831-9 EXHIBIT "A" PARCEL 1: THE NORTHWESTERLY 170 FEET OF THE NORTHWESTERLY HALF OF THAT TRACT OF LAND, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FORMERLY USED AS A RAILROAD RIGHT OF WAY AND STATION GROUNDS OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL, ET AL, BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, IN BLOCK 27, AS SHOWN BY MAP OF TEMECULA ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1 IN BLOCK 36 AS SHOWN BY SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, IN BLOCK 37, AS SHOWN ON SAID MAP; THENCE NORTHEASTERLY, IN A STRAIGHT LINE, TO THE MOST WESTERLY CORNER OF LOT 22 IN BLOCK 25, AS SHOWN ON SAID MAP; THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF BEGINNING; EXCEPT THE NORTHWESTERLY 70 FEET. ALSO EXCEPT THE NORTHEASTERLY 125 FEET AS MEASURED FROM THE SOUTHWESTERLY LINE OF RIVER STREET. PARCEL 2: THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 255 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: --4-- ORDER NO 10212831-9 BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27, AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP; THENCE NORTHEASTERLY, ON A STRAIGHT LINE, TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 AS SHOWN BY SAID MAP; THENCE SOUTHEASTERLY, IN A STRAIGHT LINE TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL STREETS, AS SHOWN BY SAID MAP. PARCEL 3: THE LAND REFERRED TO IN OF TEMECULA, COUNTY OF IS DESCRIBED AS FOLLOWS: THIS POLICY IS SITUATED IN THE CITY RIVERSIDE, STATE OF CALIFORNIA, AND THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 340 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27, AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP; THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37 AS SHOWN ON SAID MAP; THENCE NORTHEASTERLY IN A STRAIGHT LINE TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 ON SAID; THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL STREETS, AS SHOWN BY SAID MAP. -5- ORDER NO 10212831-9 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 2. 3. 4. o NO TAXES DUE NO TAXES DUE NO TAXES DUE THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICT AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. THE TERMS, COVENANTS AND PROVISIONS OF THE INSTRUMENT EXECUTED BY AND BETWEEN KACOR REALTY, INC. AND RANCHO CALIFORNIA WATER DISTRICT, RECORDED MAY 7, 1979 AS INSTRUMENT NO. 92330, OFFICIAL RECORDS. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. AN AGENCY AGREEMENT DATED MARCH 29, 1979 BY AND BETWEEN KACOR REALTY INC. AND RANCHO CALIFORNIA WATER DISTRICT WHEREIN IT IS AGREED THAT SAID DISTRICT IS DESIGNATED AS EXCLUSIVE AGENCY FOR THE EXTRACTION, DIVERSION, STORAGE, BLENDING AND DISTRIBUTION OF ALL LOCAL WATER, RECORDED MAY 7, 1979 AS INSTRUMENT NO. 92330 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. NOTE: PLEASE BE ADVISED THAT WE DO NOT FIND ANY OPEN DEEDS OF TRUST OF RECORD. IF YOU SHOULD HAVE KNOWLEDGE OF ANY OUTSTANDING OBLIGATION, PLEASE CONTACT THIS OFFICE IMMEDIATELY FOR FURTHER REVIEW. -6- ORDER NO 10212831-9 10. WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: ALL PARTIES TO THIS TRANSACTION (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.) -7- KEYSER MARSTON ASSOCIATES INC. San Diego Gerald M, Trimble Paul C, Marra To: MEMORANDUM Mr. John Meyer, AICP, Redevelopment Director City of Temecula From: KEYSER MARSTON ASSOCIATES, INC. Date: December 30, 2002 Kate E.r~e Subject: 28500 Pujol Street - Estimate of Re-Use Value Robert I. Wetraore Los Angeles Calvin E. Hollis, ll Kathlecn H. Head James A. Rabc PaulC. Anderson Gregory D, Soo-Hoo A. Introduction Keyser Marston Associates, Inc. (KMA) has been requested to review the proposed development transaction between the Temecula Redevelopment Agency (Agency) and 28500 Pujol Street (Developer). The proposed transaction is detailed in the draft Disposition and Development Agreement (DDA) dated December 27, 2002. The Developer intends to build a 65-unit senior apartment complex affordable to seniors at very Iow and Iow-income levels, and one manager's unit (Project). The Project will be constructed on an approximate 2.2-net-acre site (Site) on the east side of Pujol Street south of Sixth Street within the Pujol neighborhood of Old Town Temecula. The Agency acquired the parcels that comprise the Site in October 1999. Under the terms of the DDA, the Agency will convey the Site to the Developer. B. Summary of Findings KMA's principal conclusions are summarized as follows: · The estimated re-use value of the interest to be conveyed is negative $2,215,000. · The estimated value of the compensation to be received by the Agency is negative $1,829,000. · The estimated fair market value at highest and best use is $660,000. 02529mm To: Mr, John Meyer, AICP, Redevelopment Director December 30, 2002 Subject: 28500 Pujol Street- Estimate of Re-Use Value Page 2 C. Background The Riverside County Board of Supervisors adopted Redevelopment Project No. 88-1 in July 1988. The Project Area includes approximately 1,635 acres of land within four sub-areas, all located west of Interstate 15. The Site lies within Sub-Area 2, which is generally situated between First and Sixth Streets. The blighting conditions that were identified at the time of plan adoption consisted of the following: · Age, obsolescence, deterioration, mixed character, or shifting of uses. · Subdividing and sale of lots of irregular form and shape, and inadequate size, for proper usefulness and development. · Existence of inadequate public improvements, public facilities, open spaces, and utilities, which cannot be remedied by private or governmental action without redevelopment. · The prevalence of depreciated values, impaired investments, and social and economic maladjustments. The Agency has been engaged in the development, rehabilitation, and preservation of affordable housing since 1995. The Agency's affordable housing goals include: · Increasing, improving, and preserving the supply of affordable housing; · Upgrading the physical appearance of Redevelopment Project Area neighborhoods; and · Establishing new standards for private development within the Redevelopment Project Area neighborhoods. Community Overview Over the past several years, the Agency has been actively pursuing and achieving its affordable housing goals. Itemized below are three examples of Agency assisted housing projects. In 1996, the Agency sponsored the rehabilitation of the 150-unit Rancho West Apartments as an affordable housing project. More recently, the Agency assisted the Affirmed Housing Group with the acquisition and rehabilitation of the Pujol and Sherwood Apartment complexes, and construction of 38 new in-fill apartments to form the 76-unit Mission Village Apartments. Opened in February 2000, Mission Village is located across from the subject Site. 02529mm To: Mr. John Meyer, AICP, Redevelopment Director Subject: 28500 Pujol Street- Estimate of Re-Use Value December 30, 2002 Page 3 Approved in February 2002, the Cottages of Old Town will consist of three rehabilitated homes, and 14 new homes, along Sixth Street. This project will include four floor plans ranging from 1,220 square feet (SF) to nearly 1,800 SF. This development is unique in that it is set in an untested location for detached for-sale housing. The Cottages of Old Town are being developed by the Affirmed Housing Group. The Agency is preparing to sell a development site to Habitat for Humanity for the development of six single-family houses on approximately one acre at the northwest corner of Pujol Street and First Street. Each home will consist of approximately 1,900 SF, three bedrooms, and an attached two-car garage. Proposed Development The Agency is proposing to partner with the Developer to establish an affordable senior apartment complex. The Site is generally located on the east side of Pujol Street south of Sixth Street, and lies just west of the Old Town commercial district. The entire Site consists of approximately 96,000 SF. The surrounding area is characterized by open space and a mix of commercial, industrial, and residential land uses. As described in Table 1, the developer plans to construct 65 affordable senior apartments, and one manager's unit, in a two-story, garden-style format. The proposed Project will be comprised entirely of one-bedroom units averaging 580 SF. The Project will also include a community room, swimming pool, and 47 parking spaces. Based on the Project's proposed affordability restrictions, the Project is eligible to receive a Density Incentive. The incentive allows affordable housing projects a density bonus up to a maximum of 50% of the target density in the planning area. The Site falls within the boundaries of the Old Town Specific Plan with a zoning and land use designation of High Density Residential (HDR). The HDR designation allows for a maximum density of 13 to 20 units per acre. Assuming application of a density bonus, the Project is allowed an increase in density to a range of 20 to 30 units per acre. The proposed Project has a density of 30 units per acre. D. Proposed Transaction Terms This section summarizes the salient aspects of the proposed business terms contained in the draft DDA. The Agency will convey to the Developer fee simple title to the Site in an "as-is" condition for $434,000. The Site was purchased by the Agency in October 1999. The Agency acquired the Site at a cost of $434,000. 02529mm To: Mr. John Meyer, AICP, Redevelopment Director December 30, 2002 Subject: 28500 Pujol Street- Estimate of Re-Use Value Page 4 The Agency will contribute a total of $2,615,000 in the form of a construction loan. This amount will be deposited with the Developer's construction lender simultaneous with the issuance of the tax-exempt bonds. The construction lender will administer the disbursement of all construction funds. The Developer will construct 65 one-bedroom senior apartments that will be made available to very Iow- and iow-income seniors, and one manager's unit. The income mix will consist of 20% of the units rented at 50% of Area Median Income (AMI), and 80% of the units rented at 60% AMI as required by the Low Income Housing Tax Credit (LIHTC) program. The Developer will receive a fixed developer overhead fee that will not exceed 15% of eligible development costs (eligible basis). The Developer agrees to defer 30% of this fee and apply it as a funding source for the Project. The Project will remain affordable for a term of 55 years. The Developer will not transfer its fee simple interest in the Project until this term expires. Commencing with Certificate of Occupancy, the Agency's loan will bear a compounding annual interest rate of 3.0%. The Developer agrees to pay to the Agency 50% of the residual receipts (as defined in the DDA) toward repayment of the $2,615,000 in Agency assistance. Any unpaid pri.ncipal and accrued interest will become due and payable at the end of the 55-year affordability term. Table 2 presents KMA's estimate of Agency compensation from the Project's annual cash flow. As indicated in Table 2, the Agency shall receive 50% of the Project's annual cash flow with the outstanding loan balance to be paid from the Project's net sales proceeds, to the extent available. Based on a discount rate of 8.0%, this revenue stream is estimated to have a net present value of approximately $352,000. Conclusion Under the terms of the DDA, KMA estimates that the effective compensation to the Agency is negative $1,829,000, estimated as follows: Total Agency Assistance Add: Land Purchase Price Add: NPV of Residual Receipts to Agency Net Effective Compensation to Agency ($2,615,000) $434,O0O $352,OO0 ($1,829,000) 02529mm To: Mr. John Meyer, AICP, Redevelopment Director December 30, 2002 Subject: 28500 Pujol Street- Estimate of Re-Use Value Page 5 E, Estimate of Fair Re-use Value Re-use value is defined as the highest price in terms of cash or its equivalent which a property or development right is expected to bring for a specified use in a competitive open market, subject to the covenants, conditions, and restrictions imposed by the DDA. There are two fundamental approaches to establish re-use value: The first is an analysis based on the sale of comparable properties or development rights. When comparable transactions exist and when relatively few adjustments are required to adjust the comparables to the subject, the approach based on comparable transactions can yield the most reliable indicator of value. The second method is an analysis based on the anticipated income characteristics for a specific project. Often the income approach, also termed the residual value approach, proves more useful than the comparable sales approach due to the unique market setting, project characteristics, and specific requirements of the Agency which make the approach based on comparable transactions difficult or unfeasible to implement. With this approach, the residual value is established as the amount that a developer can feasibly afford to pay for a property or development dght, alter taking into account the development costs funded by the developer, the quantity and quality of the income stream from the project, and the market-based return on invested capital. Comparable Sales Approach KMA reviewed recent residential land sales in the City of Temecula and Riverside County. A review of comparable transactions suggests that they are of minimal relevance in establishing fair re-use value for the Site due to the extensive adjustments of the comparables that would be required. The factors that would require adjustment in establishing comparability include the following: · The Project will receive tax-exempt bond financing and tax credits. Both of these sources impose specific covenants and restrictions. · Based on the proposed affordability restrictions, the Project is entitled to receive a density bonus of up to 50% of the target density in the planning area. · The Project will be restricted to very Iow and Iow-income households for 55 years. · The Project will be restricted to persons 55 years of age or older. 0252gram To: Mr. John Meyer, AICP, Redevelopment Director December 30, 2002 Subject: 28500 Pujol Street- Estimate of Re-Use Value Page 6 Therefore, the comparable sales approach is not deemed relevant to this analysis. Residual Value Approach KMA solved for residual value based on the terms of the DDA, absent any contribution of Agency subsidy. Tables 3 to 5 present KMA's residual value analysis for the proposed Project. Development Costs Table 3 summarizes development costs for the Project. KMA has reviewed the Developer's cost estimates and evaluated them in comparison to similar residential projects in Southern California with which we are familiar. Based on this review, KMA finds the cost estimates, as described below, to be reasonable, Total development costs for the Project are $5,878,000, or $122 per SF of gross building area (GBA), which equates to about $89,000 per dwelling unit. Total development costs consist of the following: · Direct construction costs, such as site work, shell construction, and contractor fee costs. The total direct costs are estimated to be $4,087,000, or $85 per SF GBA, Indirect costs, such as amhitecture, engineering, public permits and fees, legal and accounting, taxes and insurance, developer fee, marketing, and contingency. These are estimated to be $1,301,000, or 31.8% of direct costs. Financing costs, including interest during construction, loan fees, TCAC/syndication costs, and operating/lease-up reserves. These costs are estimated to total $490,000, or 12.4% of direct costs. Net Operating Income Table 4 presents an estimate of Net Operating Income (NOI) for the Project. As presented in the table, Gross Scheduled Income (GSI) for the newly constructed apartment complex is projected to be $385,000. This revenue projection includes the following: Monthly maximum rents for the units restricted at 50% of AMI have been set at $414 (2002). Monthly maximum rents for units restricted at 60% AMI have been set at $500 (2002). These rents reflect an allowance for utilities as provided by the Housing Authority of the County of Riverside. Based on these assumptions, total rental income amounts to $377,000 annually. 02529mm To: Mr. John Meyer, AICP, Redevelopment Director December 30, 2002 Subject: 28500 Pujol Street- Estimate of Re-Use Value Page 7 · Additional income of $10 per unit. · A vacancy factor of 5.0%. · Total expenses have been estimated at $3,000 per unit per year. These consist of operating expenses and replacement reserves. The Project will be exempt from property taxes. Based on these assumptions, NOI for the proposed Project at stabilization is estimated at $167,000. Residual Land Value Table 5 presents KMA's estimate of residual land value. The residual land value can be estimated as the difference between total available funding sources and total development costs. KMA estimates total available funding sources of $3,663,000, comprised of the following: · A tax-exempt bond in the approximate amount of $1,970,000 issued by the California Statewide Communities Development Authority. · An estimated equity investment from the tax credits of $1,479,000. · Deferral of a portion of the developer fee, in the amount of $214,000. The comparison of total funding soumes ($3,663,000) and total development costs ($5,878,000) yields a residual land value of negative $2,215,000. Conclusion Based on the foregoing analysis, KMA concludes that the fair re-use value of the Site is negative $2,215,000. F. Fair Market Value at Highest and Best Use Section 33433 of Califomia Redevelopment Law requires that prior to selling or leasing real property, redevelopment agencies estimate the fair market value of the interest to be conveyed at its highest and best (most profitable) use. Typically, the analysis of the fair market value at highest and best use does not consider the specific Agency/Developer transaction or development concept, but rather the most profitable 02529mm To: Mr. John Meyer, AICP, Redevelopment Director December 30, 2002 Subject: 28500 Pujol Street- Estimate of Re-Use Value Page 8 use that is consistent with the Redevelopment Plan or other governing land use regulations. The purpose of the analysis is to estimate the maximum compensation that the Agency could achieve if it were to offer the subject property or development right on the open market. The highest and best use of the Site is the use that generates the highest property value. By definition, the highest and best use is that use which is physically possible, financially feasible, and legally permitted. The Old Town Temecula Specific Plan (1994) governs the zoning and land uses for the Site. The subject Site lies within the zoning and land use designations of HDR - High Density Residential, The HDR designation allows for a maximum of 13 to 20 dwelling units per acre, and is intended to provide for the development of attached residential units, such as townhouses, condominiums, and conventional and garden apartments. Based on these considerations, KMA finds that the highest and best use of the Site is garden- style apartments. This use is consistent with the current zoning and land use designations, as well as the existing character of Pujol Street. Based on KMA's experience with similar development and review of multi-family land sales in the Temecula Valley, KMA concludes that the Site, if offered on the open market, could yield values, on average, of approximately $15,000 per achievable dwelling unit. Given the maximum allowable density on the Site of 20 units per acre, this translates to a land value of approximately $7 per SF, or say, $660,000. Conclusion On this basis, then, KMA concludes that the highest and best use of the Site is multi-family housing. Therefore, the fair market value of the Site at its highest and best use is $660,000. G. Limiting Conditions The estimates of re-use value and fair market value at the highest and best use contained in this memorandum assume compliance with the following assumptions: 1. There are no soil or subsoil problems, including toxic or hazardous conditions, on the Site that need to be remediated in order to develop the Site. 2. The ultimate development will not vary significantly from that assumed in this Re-Use Analysis. 3. The title of the property is good and marketable; no title search has been made, nor have we attempted to determine the ownership of the property. The value estimates are given without regard to any questions of title, boundaries, encumbrances, liens or encroachments. It is assumed that all assessments, if any, are paid. 4. The Site will be in conformance with the applicable zoning and building ordinances. 02529turn To: Mr. John Meyer, AICP, Redevelopment Director December 30, 2002 Subject: 28500 Pujol Street- Estimate of Re-Use Value Page 9 Information provided by such local sources as governmental agencies, financial institutions, realtors, buyers, sellers, and others was considered in light of its source, and checked by secondary means. 6. Neither the local nor national economy will experience a major recession. If an unforeseen change occurs in the economy, the conclusions contained herein may no longer be valid. 7. The Project will adhere to the schedule of performance described in the DDA. 8. Both parties are well informed and well advised and each is acting prudently in what he/she considers his/her own best interest. attachments 02529mm SUMMARY REPORT PERTAINING TO THE SALE OF REAL PROPERTY (California Community Redevelopment Law Section 33433) PURSUANT TO A PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT Between: TEMECULA REDEVELOPMENT AGENCY And: 28500 PUJOL STREET Prepared by: KEYSER MARSTON ASSOCIATES, INC. For: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Date: December 30, 2002 SUMMARY REPORT PERTAINING TO THE PROPOSED SALE OF REAL PROPERTY I. INTRODUCTION The Temecula Redevelopment Agency (Agency) is considering the sale of real property to 28500 Pujol Street (Developer) pursuant to a Disposition and Development Agreement (DDA) between the Agency and the Developer. This Summary Report is prepared in accordance with Section 33433 of the California Community Redevelopment Law. This summary consists of six additional sections, as follows: · Section II, Description of the Proposed Project · Section III, Estimated Costs to be Incurred by the Agency under the Proposed DDA. · Section IV, Estimated Value of the Agency Property at the Highest and Best Use. · Section V, Estimated Fair Re-Use Value of the Interest to be Conveyed. · Section VI, Purchase Price the Developer will be Required to Pay. · Section VII, Explanation Why the Sale of the Property will Assist in Elimination of Blight. Summary Report Pertaining to the Proposed Sale of Real Property December 30, 2002 28500 Pujol Street Page 1 02528rnrn II. DESCRIPTION OF THE PROPOSED PROJECT A. Proposed Transaction The Developer intends to construct a 65-unit senior apartment complex affordable to seniors at very-low and Iow-income levels, and one manager's unit (Project). The Project will be constructed on an approximately 2,2-net-acre site on the east side of Pujol Street south of Sixth Street, within the Pujol neighborhood of Old Town Temecula. The Agency proposes to convey the entire Site to the Developer as part of the agreement between the Agency and the Developer, The proposed transaction is detailed in the draft Disposition and Development Agreement (DDA) dated December 27, 2002. The DDA governs the relationship between the Agency and the Developer with respect to the proposed development of the Site, the schedule of performance, and the method of financing. Key terms of the DDA are summarized below, B. Agency Responsibilities The Agency will convey to the Developer, fee simple title to the Site in an "as-is" condition for $434,000. The Site was purchased by the Agency in October 1999. The Agency acquired the Site at a cost of $434,000. The Agency will contribute a total of $2,615,000 in the form of a construction loan. The Agency's contribution will be deposited with the Developer's construction lender simultaneous with the issuance of tax-exempt bonds. The construction lender will administer the disbursement of all construction funds. C. Developer Responsibilities The Developer will construct 65 one-bedroom senior apartments that will be made available to very Iow- and Iow-income seniors, and one manager's unit. The income mix will consist of 20% of the units rented at 50% of Area Median Income (AMI), and 80% of the units rented at 60% AMI. · The Developer will receive a fixed developer overhead fee that will not exceed 15% of eligible development costs (eligible basis). · The Project will remain affordable for a term of 55 years. The Developer will not transfer its fee simple interest in the Project until this term expires. Summary Report Pertaining to the Proposed Sale of Real Property December 30, 2002 28500 Pujol Street Page 2 02528rnm · The Developer agrees to defer 30% of this fee and apply it toward funding of the proposed Project. Commencing with Certificate of Occupancy, the Agency loan will bear a compounding annual interest rate of 3.0%, The Developer agrees to pay to the Agency 50% of the residual receipts (as defined in the DDA) toward repayment of the $2,615,000 in Agency assistance, Any unpaid principal and accrued interest will become due and payable at the end of the 55-year affordability term. Summary Report Pertaining to the Proposed Sale of Real Property December 30, 2002 28500 Pujol Street Page 3 02528rnrn ill. ESTIMATED COST TO BE INCURRED BY THE AGENCY UNDER THE PROPOSED AGREEMENT Costs to the Agency related directly to development of the Site are as follows: Additional Agency Assistance Miscellaneous/Other Consultants (1) Total Agency Costs $2,615,000 $26,000 $2,641,000 (1) Estimated costs to the Agency for legal and economic consultants. Summary Report Pertaining to the Proposed Sale of Real Property December 30, 2002 28500 Pujol Street Page 4 02528mm IV. ESTIMATED VALUE OF THE SITE AT THE HIGHEST AND BEST USE This section presents an analysis of the fair market value of the Site at the highest and best use of the property. In appraisal terminology, the highest and best use is that use of the property, which generates the highest property value and is physically possible, financially feasible, and legally permitted. Therefore, value at highest and best use is based solely on the value created and not on whether or not that use carries out the redevelopment goals of the City of Temecula. The Old Town Temecula Specific Plan (1994) governs the zoning and land uses for the Site. The Agency Property lies within the zoning and land use designations of HDR - High Density Residential. The HDR designation allows for 13 to 20 dwelling units per acre, and is intended to provide for the development of attached residential units, such as townhouses, condominiums, and conventional apartments. Based on these considerations, KMA finds that the highest and best use of the Agency Property is multi-family housing. This use is consistent with the current zoning and land use designations, as well as the existing character of Pujol Street. Based on KMA's experience with similar developments and review of multi-family land sales in the Temecula Valley, KMA concludes that the Site, if offered on the open market could yield values averaging $15,000 per dwelling unit. Given the allowable densities on the property, this translates to a land value of approximately $7 per SF, or say $660,000. Summary Report Pertaining to the Proposed Sale of Real Properly December 30, 2002 28500 Pujol Street Page 5 02528rnm V. ESTIMATED FAIR RE-USE VALUE OF THE INTEREST TO BE CONVEYED This section presents an analysis of the fair re-use value of the interest to be conveyed to the Developer subject to conditions, covenants, and restrictions contained in the proposed DDA. In estimating the fair re-use value ofthe Site, KMA has reviewed the requirements that set specific conditions with respect to scope of development, the schedule of performance, and method of financing. It is the KMA conclusion that analysis of comparable transactions does not provide a useful or valid approach for valuating this development opportunity due to extensive adjustments that would be required in respect to the strength of the development opportunity, specific affordability covenants and restrictions, and other factors. Therefore, reliance has been placed upon the income, or the residual land value approach, which is a recognized method for valuing real property. Analysis of the development economics of the Site, reported separately to the Agency by KMA, indicates that pursuant to the terms and conditions under which the Agency Property will be conveyed, the fair reuse value of the Agency Property is estimated to be negative $2,215,000. Summary Report Pertaining to the Proposed Sale of Real Property December 30, 2002 28500 Pujol Street Page 6 02528mm VI. PURCHASE PRICE WHICH THE DEVELOPER WILL BE REQUIRED TO PAY Under California Community Redevelopment Law, the Agency is obligated to publicly disclose information sufficient for a comparison of the pumhase price contained in the proposed DDA with the estimated fair re-use value. The Agency will convey the Agency Property to the Developer for a purchase price of $434,000. The Agency will provide $2,615,000 in financial assistance to the Project. The Agency is entitled to participate in 50% of residual receipts as repayment toward the Agency's assistance. Based on a discount rate of 8.0%, this revenue stream is estimated to have a net present value of approximately $352,000. On this basis, then, KMA concludes that the effective compensation to the Agency is negative $1,829,000, as summarized below: Total Agency Assistance Add: Land Purchase Price Add: NPV of Residual Receipts to Agency Net Effective Compensation to Agency ($2,615,000) $434,000 $352,000 ($1,829,000) Summery Report Pertaining ~o the Proposed Sale of Reel Property December,30, 2002 28500 Pujol Street Page 7 02528mm VII. EXPLANATION WHY SALE OF THE PROPERTY WILL ASSIST IN THE ELIMINATION OF BLIGHT The Project Area is characterized by an array of blighting factors, including: · The age, obsolescence, deterioration, mixed character, or shifting uses of existing buildings. · The subdividing and sale of lots of irregular form and shape, and inadequate size, for proper usefulness and development. · A prevalence of depreciated values and impaired investments. · The defective design in character or physical condition of existing buildings. Not all of these conditions are present throughout the Project Area. The Agency's redevelopment efforts have helped to alleviate blighting conditions in the Project Area, However, many of these conditions are still apparent in the area surrounding the subject Site. Implementation of the proposed development can be expected to assist in the alleviation of blighting conditions through the following: · Consolidation of irregular parcels into a site appropriate for development. · Elimination of conditions of economic dislocation such as fragmented ownership patterns. · Installation of new public improvements and community amenities. · Creation of housing opportunities for very-low and Iow-income residents. Summary Report Pertaining to the Proposed Sale of Real Property December 30. 2002 28500 Pujol Street Page 8 02528mm TABLE1 PROJECT DESCRIPTION CBH SENIOR APARTMENTSIPUJOL STREET SITE CITY OF TEMECULA I. Site Area (1) II. Gross Building Area Residential Ama Community Room Common Areas Total Gross Building Area III. Number of Units One Bedroom Manager's Unit Total Number of Units IV. Average Unit Size V. Density VI. Parking Total Parking - Surface Parking Ratio 2.2 Acres 95,832 SF 38,280 SF 79% 1,200 SF 2% 8,8O4 SF 18% 48,284 SF 100% 65 Units I Units 66 Units 580 SF 30 Units/Acm 47 Spaces 0.7 Spaces/Unit (1) Net site area, per Agency staff. Prepared by: Keyser Marston Associates, Inc. ooo~ TABLE 3 DEVELOPMENT COSTS CDH SENIOR APARTMENTS/PUJOL STREET SITE CITY OF TEMECULA Development Costs Totals Per Unit I. Direct Costs (1) Off-Site Costs $35,000 $530 On-Site Costs(2) $287,000 $4,348 Parking/Landscaping $192,000 $2,909 Shell Construction $2,825,000 $42,803 Sprinklers $90,000 $1,364 Community Room $84,000 $1,273 FF&E $25,000 $379 General Conditions/Contractor Fee $354,000 $5,364 Contingency $195.000 $2.955 Subtotal Direct Costs $4,087,000 $61,924 II. Indirect Costs Architecture & Engineering $225,000 $3,409 Permits & Fees $148,894 $2,256 Legal & Accounting $57,500 $871 Taxes & Insurance $82,000 $1,242 Developer Fee $714,000 $10,818 Marketing/Lease-Up $30,000 $455 Contingency $44,000 $667 Subtotal Indirect Costs $1,301,394 $19,718 III. Financing Costs Loan Fees $241,000 $3,652 Interest During Construction $152,000 $2,303 TCAC/Syndication Costs $45,000 $682 Operating/Lease-Up Reserves $31,891 $483 Miscellaneous/Consultants $20,000 $303 Subtotal Financing Costs $489,891 $7,423 IV. Total Development Costs $5,878,285 $89,065 Or Say (Rounded) $5,878,000 Comments $0.37 Per SF Site Area $3 Per SF Site Area $2 Per SF Site Area $60 Per SF GBA-Res./Comm. $2 Per SF GBA-Res./Comm. $70 Per SF GBA- Comm. Room $1 Per SF GBA 10.0% of Above Directs 5.0% of Above Directs $85 Per SF GBA 5.5% of Directs $3 Per SF GBA 1.4% of Directs 2.0% of Directs 18.0% of Directs Allowance 3.5% of Above Indirects 31.8% of Directs See Worksheet A See Worksheet A 1.1% of Directs 0.8% of Directs 0.5% of Directs 12.4% of Directs $122 PerSF GBA (1) Does not reflect payment of prevailing wages. (2) Includes liquefaction and grading. Prepared by: Keyser Marston Associates, inc. Filename: i:Ternecula\Pujol St Site_devil-7-02;12/30/2002;4:14 PM;wcl WORKSHEET A TO TABLE 3 FINANCING COSTS CBH SENIOR APARTMENTS/PUJOL STREET SITE CITY OF TEMECULA I. Interest During Construction Eligible Basis Add: Land Aggregate Basis Minimum Required Tax-Exempt Bond @ Proposed Tax-Exempt Bond @ B, Loan Amount Interest Rate Term (Months) Average Balance Out Interest During Construction II. Interest Earnings During Construction Loan Amount Average Balance Invested Interest Rate Term (Months) Interest Eamings During Construction Interest Paid During Construction (Less) Interest Earnings Net Interest Dudng Construction III. Loan Fees Loan Amount Loan Points Loan Fees 50.0% 55.0% $5,475,109 $5,475,109 $2,738,000 $3,011,000 $3,011,000 6.25% 12 100.0% $188,000 $3,011,000 40.0% 3.0% 12 $36,000 $188,000 ($36,000) $152,000 $3,011,000 8.0 $241,000 Prepared by: Keyser Marston Associates, Inc. Fi[ename i:Temecula\Pujot St Site_devil-7-02;12/30/2002;4:14 PM;wcl TABLE 4 NET OPERATING INCOME CBH SENIOR APARTMENTS/PUJOL STREET SITE CITY OF TEMECULA Net Operatlnq Income I. Gross Scheduled Income One Bedroom @ 50% One Bedroom (~ 60% Manager's Unit Total/Average Add: Other Income Gross Scheduled Income (GSI) II. Effective Gross Income (Less) Vacancy Effective Gross Income (EGI) III. Expenses (Less) Operating Expenses (Less) Replacement Reserves (Less) Property Taxes(2) Total Operating Expenses IV. Total Net Operating Income Average # of Monthly Annual Unit Size Units Rent (1) RenUSF GSI 580 13 $414 $0.71 $64,627 580 52 $500 $0.86 $312,000 580 ! $0 $o.oo $o 580 66 $476 $0.82 $376,627 $10 /UniFMonth $8,000 $384,627 5.0% of GSI ($19.231) $365,396 $2,800 /Unit ($184,800) $200 /Unit ($13,200) $0 /Unit $0 $3,000 /Unit ($198,000) 54.2% of EGI $167,396 (1) Based on 2002 TCAC maximum rents for Riverside County, less utility allowance as calculated by the Housing Authority of the County of Riverside. Utility allowance is assumed to total $63, consisting of gas space heating ($21); gas cooking ($3); electric lighting ($20); gas water heating ($9); and electdc air conditioning ($10), (2) Project assumed to be exempt fi'om 1% property tax. Prepared by: Keyser Marston Associates, Inc. Filename: i:Ternecula\Pujol St Site_devil-7-02;12/30/2002;4:14 PM;wcl TABLE 5 RESIDUAL LAND VALUE CBH SENIOR APARTMENTS/PUJOL STREET SITE CITY OF TEMECULA I. Sources of Funds Supportable Debt (1) Market Value of Tax Credits (2) Deferred Developer Fee(3) I1. Total Warranted Investment (Less) Development Costs IlL Residual Land Value Total $1,970,000 $1,479,000 5214,000 $3,663,000 (55,878.0001 ($2,215,000) Per Unit $29,848 $22,409 53,242 $55,500 ($89.0611 (S33,561) (1) SuDDortable Debt NOI Interest Rate Term Debt Coverage Annual Debt Service Supportable Debt (2) Low Income Housino Tax Credits Threshold Basis Limits One Bedroom 65 Units ~ $101,810 Two Bedroom 0 Units @ $122,785 Subtotal Threshold Basis Limit Estimate of Elioible Basis Total Development Costs (Less) Ineligible Costs Eligible Basis Maximum Eligible Basis Tax Credit Qualified Units Impacted Bonus Factor * Tax Credit Rate Total Tax Credits Limited Partner Share Present Market Value · KMA tax c~edit rate based On November 2002 Novogradac rate. (3) Est[mate of Deferred Develoeer Fee Eligible Basis (Less) Developer Fee Unadjusted Eligible Basis Total Developer Overhead Fee Maximum Developer Overhead Fee Devetaper Overhead Fee Portion Deferred Total Deferred Developer Overhead Fee 100.0% 100.0% 3.38% 10 99.9% 80.0% 15.0% $167,396 6.25% 30 1.15 $145,561 $1,970,000 $6,617,650 $6,617,650 $5,878,00O ($402,891) $5,475,109 $5,475,109 $5,475,109 $5,475,109 $185,059 $1,850,587 $1,848,736 $1,479,000 $5,475,109 ($714,000) $4,761,109 $714,000 $1,200,000 $714,000 30.0% $214.000 Prepared by: Keyser Marston Associates, inc. Filename: i:Temecula\Pujol St Site_devl 1-7-02;12/30/2002;4:14 PM;wcl ITEM 13 CITY ATTORNEY DIRECTOR OF FINANCE CitY MANAGER TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City Manager/City Council ,'~A~illiam G. Hughes, Director of Public Works/City Engineer January 14, 2003 Introduction of the Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: 1. Introduce and read by title only an Ordinance entitled: ORDINANCE NO, 03- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AND ADDING CHAPTER 15.08 TO THE TEMECULA MUNICIPAL CODE BACKGROUND: Western Riverside County is growing at a pace exceeding the financial resources to meet increasing demand for transportation infrastructure. With the population of this region expected to double in the next 25 years, this challenge is especially critical for regional arterial roadways since traditional sources of transportation funding (such as the gasoline tax and local general funds) will not be sufficient to fund the needed improvements. While local development fee programs and county funding sources (i.e., Measure A funds) exist to mitigate the impacts of new development on the transportation system in specific areas, only a small portion of these revenues are for regional arterial roadway improvements. The Western Riverside Cities, as members of the Western Riverside Council of Governments (WRCOG), have participated in the development of a plan to establish a new comprehensive funding source for regional transportation improvements known as the Transportation Uniform Mitigation Fee (TUMF). Based upon a Nexus Study, developed by Parsons Brinckerhoff Quade & Douglas, Inc. for WRCOG, the total cost of improving the TUMF system is estimated at $3.24 bi,ion. Existing funding obligated for improvements to the TUMF system, including the improvements generated by existing development, represent approximately $435 million of the total cost. The balance of the unfunded TUMF system improvement needs (approximately R:\agdrpt\2003\011403\TUMF.flrstread 1 $2.81 billion) is attributable to the mitigation of future development and will be captured through the TUMF program. Based on the Nexus Study, the proposed TUMF Ordinance establishes a fee of $6,650 per Single Family Residential Unit and $4,607 per Multi-Family Residential Unit. For non-residential development, the TUMF provides two methods to apply the fee, per square foot of gross floor area or a fee per acre. To remain consistent with our existing mitigation fee programs for non- residential development, the City of Temecula proposes to establish a fee based on the square footage of gross floor area of the non-residential project, or $1.45 per square foot for Industrial Projects; $7.81 per square foot for Retail Commercial Projects; and $4.84 per square foot for Service Commercial Projects. For residential construction, the fees are proposed to take effect beginning on March 31, 2003. For non-residential uses, the fees will be phased in over a two-year period beginning July 1, 2004, reaching 100% of the applicable fees beginning July 1, 2006. The respective fees allocable to future new residential and non-residential development in the City of Temecula are summarized in the following tables: TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) FOR THE CITY OF TEMECULA FEE PER DWELLING UNIT RESIDENTIAL SECTOR Single-Family Residential $6,650 Multi-Family Residential $4,607 FEE PER SQUARE FEE PER SQUARE FEE PER SQUARE NON-RESIDENTIAL FOOT OF GROSS FOOT OF GROSS FOOT OF GROSS SECTOR FLOOR AREA FLOOR AREA FLOOR AREA (100% of TUMF) 7/1/04 - 6130/05 7/1/05 - 6/30106 7/1/06 Industrial $0.48 $0.96 $1.45 Retail $2.60 $5.20 $7.81 Service $1.61 $3.23 $4.84 As proposed, all the Western Riverside Cities and the County of Riverside must adopt the uniform fees so that the regional transportation improvements identified in the Nexus Study can be financed and constructed. The Riverside County Board of Supervisors formally adopted the County's TUMF Ordinance on December 10, 2002 and the Western Riverside Cities are expected to follow through with their own ordinances. Cities that do not take the appropriate steps to implement the fees will lose their Measure A allocation as set forth in the new Measure A program. R:\agdrpt\2003\011403\TUMF.flrstread 2 The TUMF program is intended to provide a new revenue source that ensures future development will contribute toward addressing the impacts of new growth on the regional transportation infrastructure. These funds will be used to construct transportation improvements such as arterial highway lanes, freeway interchanges, railroad grade separations and new regional express bus services that will be needed to accommodate future travel demand in Western Riverside County. The City is currently updating its Development Impact Fees (DIF) to avoid any duplication of fees associated with the City's DIF program and the proposed TUMF program. Staff has reviewed the proposed Ordinance for compliance with the California Environmental Quality Act (CEQA). The proposed TUMF program improvements represent components of the adopted General Plan that have already received the appropriate review when the project was approved. Based upon this review, staff is recommending that the Council make a finding that the project is exempt from further review pursuant to CEQA Guideline Sections 15162(a) and 15061(b)(3). Section 15162 states that when an EIR has been certified for a project, no additional environmental review is required. The Final EIR for the City General Plan was certified on November 9, 1993. Furthermore, specific projects covered by this program will receive environmental review prior to their commencement. FISCAL IMPACT: None. ATTACHMENTS: Ordinance No. 03- R:\agdrpt~003\011403~TUMF.firstread 3 ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AND ADDING CHAPTER 15.08 TO THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Title This Ordinance shall be known as the "Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance" and shall be added as Chapter 15.08 of the Temecula Municipal Code. Section 2: Findings The City Council of the City of Temecula hereby finds and declares: A. The Board of Supervisors has been informed and advised, and has found, that future development within Western Riverside County and the cities therein will result in traffic volumes exceeding the capacity of the Regional System of Highways and Arterials (the "Regional System") as they presently exist. A map depicting the boundaries of Western Riverside County and the Regional System is attached hereto as Exhibit "A" and made a part hereof. B. The Board of Supervisors has been further informed and advised, and has found, that if the capacity of the Regional System is not enlarged, the result will be substantial traffic congestion in alt parts of Western Riverside County, with unacceptable Levels of Service throughout Western Riverside County by 2025. C. The Board of Supervisors has been further advised, and has found, that funds will be inadequate to fund construction of the Regional System needed to avoid unacceptable levels of traffic congestion and related adverse impacts. Absent a Transportation Uniform Mitigation Fee (TUMF), existing and known future funding sources will be inadequate to provide the necessary improvements to the Regional System, resulting in an unacceptably high level of traffic congestion with and around the City and within Western Riverside County. D. The County is a Member Agency of the Western Riverside Council of Governments (WRCOG), a joint powers agency consisting of the County of Riverside, and fourteen other cities situated in Western Riverside County. Acting in concert, the Member Agencies of WRCOG developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System could be made up in part by a Transportation Uniform Mitigation Fee on future residential, commercial and industrial development. As a Member Agency of WRCOG, the County participated in preparation of that certain "Western Riverside County Transportation Uniform Mitigation Fee Nexus Study", dated October 18, 2002, and prepared pursuant to Government Code Section 66000 et. seq., the Mitigation Fee Act (the "Nexus Study"). E. The Board of Supervisors has reviewed the Nexus Study, and has found that future development within the County of Riverside and the cities will substantially adversely R:\agdrpt\2003\011403\TUMF.flrstread 4 affect the Regional System, and that unless such development contributes to the cost of improving the Regional System, the System will operate at unacceptable Levels of Service. F. The Board of Supervisors has found and determined that the failure to mitigate growing traffic impacts on the Regional System within Western Riverside County will substantially impair the ability of public safety services (police and fire) to respond. The failure to mitigate impacts on the Regional System will adversely affect the public health, safety and welfare. G. The Board of Supervisors has found and determ'ined that there is a reasonable and rational relationship between the use of the TUMF and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health and welfare of the residential and non- residential users of the development projects on which the TUMF will be levied. H. The Board of Supervisors has found and determined that there is a reasonable and rational relationship between the need for the improvements to the Regional System and the type of development projects on which the TUMF is imposed because it will be necessary for the residential and non-residential users of such projects to have access to the Regional System. Such development will benefit from the Regional System improvements and the burden of such development will be mitigated in part by the payment of the TUMF. I. The Board of Supervisors has found and determined that the cost estimates set forth in the Nexus Study are reasonable cost estimates for constructing the Regional System improvements, and that the amount of the TUMF expected to be generated by new development will not exceed the total fair share cost to such development. J. The City Council of the City of Temecula has independently reviewed all the facts and evidence in the record and hereby finds and declares that they concur with and adopt the findings made by the Board of Supervisors as set forth above. K. The fees collected pursuant to this Ordinance shall be used to help pay for the construction and acquisition of the Regional System improvements identified in the Nexus Study. The need for the improvements is related to new development because such development results in additional traffic, thus creating the demand for the improvements. L. By notice duly given and published, the City Council set the time and place for a public hearing on the Nexus Study and the fee proposed thereunder, and at least ten (10) days prior to the hearing, the City made the Nexus Study available to the public. M. At the time and place set for the hearing, the City Council duly considered that data and information provided by the public relative to the cost of the services for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing. N. The City Council finds that the Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements to the Regional System. O. The City Council hereby adopts the Nexus Study, which Study is attached hereto as Exhibit "B" and incorporates it herein as though set forth in full. R:~agdrpt~2003\011403\TU MF.firstread 5 Section 3: Definitions For the purpose of this Ordinance, the following words, terms and phrases shall have the following meanings: A. "Development Project" or "Project" means any project undertaken for the purpose of development including the issuance of a permit for construction. B. "Gross Acreage" means the total property area as shown on a land division map of record, or described through a recorded legal description of the property. This area shall be bounded by road right-of-way and property lines. C. "Gross Floor Area" means the sum of the gross horizontal areas of the several floors of a building or habitable structure from the exterior face of exterior walls, or from the centerline of a wall separating two buildings. D. "Industrial Project" means any development project, at the time of issuance of any building permit, in where manufacturing, assembly, processing, packaging, or storage of products takes place and as further defined by the following zoning designations identified in the Light Industrial and Business Park Zones or within a similarly defined planning area within an adopted specific plan, as defined in Title 17 of the Temecula Municipal Code. E. "Low Income Residential Housing" means residential units in publicly subsidized projects constructed as housing for Iow-income households as such households are defined pursuant to Section 50079.5 of the Health and Safety Code. "Publicly subsidized projects," as the term is used herein, shall not include any project or project applicant receiving a tax credit provided by the State of California Franchise Tax Board. F. "Multi-Family Residential Unit" means a development project that has a density of greater than six (6) residential dwelling units per acre. G. "Non-Residential Unit" means each square foot of gross floor area (or fraction thereof) of retail, commercial and industrial development, which is designed primarily for non- dwelling use, but shall include hotels and motels. H. "Residential Dwelling Unit" means a building or portion thereof used by one (1) family and containing but one (1) kitchen, which are designed primarily for residential occupancy including single-family and multi-family dwellings. "Residential Dwelling Unit" shall not include hotels or motels. I. "Retail Commercial Project" means any development project in a commercial zone at the time of issuance of any building permit that is not defined as a Service Commercial project shall be subject to the Retail Commercial fee; and as further defined by the following zoning designations identified in the Neighborhood Commercial, Community Commercial, Highway Tourist Commercial, and Service Commercial Zones or within a similarly defined planning area within an adopted specific plan, as defined in Title 17 of the Temecula Municipal Code. J. "Service Commercial Project" means any development project that is predominately dedicated to business activities associated with professional or administrative services, and typically consist of corporate offices, financial institutions, legal and medical offices, and as further defined in the Professional Office Zone or within a similarly defined R:\agdrpt\2003\011403\TUMF.firstread 6 planning area within an adopted specific plan, as defined in Title 17 of the Temecula Municipal Code. K. "Single-Family Residential Unit" means each residential dwelling unit in a development that has a density of six (6) units to the acre or less. Section 4: Establishment of the Transportation Uniform Mitigation Fee A. Adoption. There is hereby adopted the following schedule of fees: $ 6,650 per Single-Family Residential Unit $ 4,607 per Multi-Family Residential Unit $1.45 per Square Foot of Gross Floor Area of an Industrial Project $ 7.81 per Square Foot of Gross Floor Area of a Retail Commercial Project $ 4.84 per Square Foot of Gross Floor Area of a Service Commercial Project B. Fee Calculation. i. For non-residential projects, the fee rate utilized shall be based upon the predominated use of the building or structure identified in the building permit as further specified in the TUMF Administration Plan. ii. For non-residential projects, the fee shall be calculated on the total square footage of the gross floor area of the building or structure identified in the building permit and as further specified in the TUMF administration plan. C. Fee Adjustment. The fee schedule may be periodically reviewed and the amounts adjusted by the WRCOG Executive Committee. By amendment to this Ordinance, the fees may be increased or decreased to reflect changes in actual and estimated costs of the Regional System including, but not limited to, debt service, lease payments and construction costs. The adjustment of the fees may also reflect changes in the facilities required to be constructed, in estimated revenues received pursuant to this Ordinance, as well as the availability or lack thereof of other funds with which to construct the Regional System. WRCOG shall review the TUMF program within two (2) years of the effective date of this Ordinance and no less than every five (5) years thereafter. D. Purpose. The purpose of the TUMF is to fund those certain improvements to the Regional System depicted on Exhibit A and identified in the Nexus Study, Exhibit B. E. Applicability. The TUMF shall apply to all new development within the existing and future City boundaries, located within the County of Riverside, as identified by Exhibit C, unless otherwise exempt hereunder. F. Exemptions. The following new development shall be exempt from the TUMF: i. Low-income residential housing. ii. Government/Public buildings, public schools and public facilities. iii. The rehabilitation and/or reconstruction of any legal, residential structure and/or the replacement of a previously existing dwelling unit. R:\agdrpt~003\011403\TUMF.flrstread 7 iv. The rehabilitation and/or reconstruction of any non-residential structure where there is no net increase in square footage. Any increase in square footage shall pay the current applicable rate. v. Development Projects, which are the subject of a Public Facilities Development Agreement entered into pursuant to Government Code, Section 65864 et. seq. prior to the effective date of this Ordinance, wherein the imposition of new fees are expressly prohibited provided that if the term of such a Development Agreement is extended after the effective date of this Ordinance; the TUMF shall be imposed. vi. Guest Dwellings as defined in Chapter 17.06 of the Temecula Municipal Code. vii. Additional single-family residential units located on the same parcel pursuant to the provisions of any agricultural zoning classifications as defined in Title 17 of the Temecula Municipal Code. viii. Kennels and Catteries established in connection with an existing single- family residential unit as defined in Title 17 of the Temecula Municipal Code. ix. Detached Second Units and Attached Second Units pursuant to Chapter 17.06 of the Temecula Municipal Code. x. The sanctuary building of a church or other house of worship, eligible for a property tax exemption. xi. Residential projects that have been issued a building permit prior to the effective date of this Ordinance. xii. June 30,2004. Non-Residential projects that have been issued a building permit prior to G. Credits. Regional System improvements may be credited toward the TUMF in accordance with the TUMF Administration Plan and the following: Regional Tier i. Arterial Credits: If a developer constructs arterial improvements identified on the Regional System, the developer shall receive credit for all the costs associated with the arterial component based on approved unit cost assumption for the Regional System. ii. Other Credits: In special circumstances, when a developer constructs off-site improvements such as an interchange, bridge, or railroad grade separation, credits shall be determined by WRCOG and the local jurisdiction in consultation with the developer. iii. The amount of the development fee credit shall not exceed the maximum amount determined by the most current unit cost assumption for the Regional System or actual costs, whichever is less. R:\agdrpt~2003\011403\TUMF.flrstread 8 Local Tier iv. The local jurisdictions shall compare facilities in local fee programs against the Regional System and eliminate any overlap in its local fee program except where there is a recognized benefit district established. v. If there is a recognized benefit district established, the local agency may credit that portion of the facility identified in both programs against the TUMF. Section 5: Reimbursements: Should the developer construct network improvements in excess if the TUMF fee obligation, the developer may be reimbursed based on actual costs or the approved unit cost assumptions, whichever is less at the time of the agreement. Reimbursements shall be enacted through a three party agreement including the developer, WRCOG and the local jurisdiction, contingent on funds being available. In all cases, however, reimbursements under such special agreements must coincide with construction of the transportation improvements as scheduled in the fiver-year Capital Improvement Program adopted annually by WRCOG. Section 6: Procedures for the Levy, Collection and Disposition of Fees A. Authority of the Building Department. The Director of Building & Safety, or his/her designee, is hereby authorized to levy and collect the TUMF and make all determinations required by this Ordinance. B. Payment of the fees. i. The fees shall be paid at the time a building permit is issued for the Development Project. ii. For non-residential projects the fees shall be phased in as follows: From July 1, 2004 to June 30, 2005, the fee schedule shall be: $0.48 per Square Foot of Gross Floor Area of an Industrial Project $2.60 per Square Foot of Gross Floor Area of a Retail Commercial Project $1.61 per Square Foot of Gross Floor Area of a Service Commercial Project From July 1, 2005 to June 30, 2006, the fee schedule shall be: $0.96 per Square Foot of Gross Floor Area of an Industrial Project $5.20 per Square Foot of Gross Floor Area of a Retail Commercial Project $3.23 per Square Foot of Gross Floor Area of a Service Commercial Project On July 1, 2006 and thereafter, the fee schedule shall be: $1.45 per Square Foot of Gross Floor Area of an Industrial Project $7.81 per Square Foot of Gross Floor Area of a Retail Commercial Project $4.84 per Square Foot of Gross Floor Area of a Service Commercial Project iii. of payment. The fees required to be paid shall be the fee amounts in effect at the time R:\agdrpt~2003\011403\TUMF.firstread 9 iv. If all or part of any development project is sold prior to payment of the fee, the property shall continue to be subject to the requirement for payment of the fee, accordingly, the fees shall run with the land. v. Fees shall not be waived. C. Disposition of Fees. All fees collected hereunder shall be transmitted to the Executive Director of WRCOG within thirty (30) days for deposit, investment, accounting and expenditure in accordance with the provisions of this Ordinance and the Mitigation Fee Act. D. Appeals. Appeals shall be filed with WRCOG in accordance with the provisions of the TUMF Administration Plan. Appealable issues shall be application of the fee, application of credits, application of reimbursement, application of the legal action stay and application of exemptions. E. Reports to WRCOG. The Director of Building & Safety, or his/her designee, shall prepare and deliver to the Executive Director of WRCOG, periodic reports as will be established under Section 8 of this Ordinance. Section 7: Effect of Legal Action on Non-Residential Projects. If a legal action, including a referendum, is filed prior to the effective date of this Ordinance or during the phase in period of the fee program, and the legal action seeks to set aside, void or annul the City's approval of a non-residential project, the phasing schedule set forth in Section 6 shall be stayed. The stay shall only remain in effect for a period of 18 month from the time the legal action was filed, or until a final, non-appealable order is issued by the court or a settlement agreement is executed, whichever come first. Once the stay is no longer in effect, the period remaining in the phasing schedule shall again commence to run. Section 8: Appointment of TUMF Fund Administrator WRCOG is hereby appointed as the Administrator of the Transportation Uniform Mitigation Fee Program. WRCOG is herby authorized to receive all fees generated from the TUMF within the County, and to invest, account for and expend such fees in accordance with the provision of this Ordinance and the Mitigation Fee Act. Detailed administrative procedures concerning the implementation of this Ordinance shall be set forth in a resolution adopted by WRCOG. WRCOG shall expend only that amount of the funds generated from the TUMF for staff support, audit, administrative expenses, and contract services that are necessary and reasonable to carry out its responsibilities and in no case shall the funds expended for salaries and benefits exceed one percent (1%) of the annual net amount of revenue raised by the TUMF. Section 9. Severability If any one or more of the terms, provisions or sections of this Ordinance shall to any extent be judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. R:\agdrpt\2003\011403\TUMF.flrstread 10 Section 10. Environmental Review The potential improvements to be funded through the TUMF program represent components of the adopted General Plan that has already received the appropriate review when the General Plan was approved. Based upon this fact, the City Council hereby finds that the adoption of this ordinance is exempt from fudher review pursuant to CEQA Guideline Sections 15162(a) and 15061(b)(3) of the CEQA Guidelines. Section 15162 states that when an EI R has been certified for a project, no additional environmental review is required unless there is substantial evidence that the project has changed. The Final EIR for the City General Plan was certified on November 9, 1993. Section 11. Effective Date This Ordinance shall take effect on the 61st day following its enactment. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula the 14~h day of January 2003. ATTEST: Jeffrey Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do herby certify that the foregoing Ordinance No. 03- was duty adopted and passed at a regular meeting of the City Council on the 14th day of January 2003 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:\agdrpt\2003\011403\TUMF.flrstread 11 ITEM 14 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY ~"/-~/~"~ DIRECTOR OF FINA~_,E ~-. CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council Debbie Ubnoske, Director of Planning January 14, 2003 Eli Lilly & Company General Plan Amendment (PA01-0418); Specific Plan Amendment (PA02-0510); and Zone Change (PA02-0509) PREPARED BY: Emery Papp, Associate Planner RECOMMENDATION: That the City Council: Adopt a Resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0418, A GENERAL PLAN AMENDMENT ON THREE PARCELS ON THE SOUTH SIDE OF OVERLAND DRIVE BETWEEN MARGARITA AND YNEZ ROADS, AND GENERALLY KNOWN AS LOTS 1, 2 AND 3 OF PM 30107 AND A SPECIFIC PLAN AMENDMENT ON LOT I OF PM 30107. Introduce and read by title only an Ordinance entitled: ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE REGIONAL CENTER SPECIFIC PLAN (SP-7) TO REMOVE ONE PARCEL (LOT I OF PM 30107) FROM THE REGIONAL CENTER SPECIFIC PLAN (SP-7), GENERALLY LOCATED AT THE SOUTHEAST CORNER OF OVERLAND DRIVE AND YNEZ ROAD (PLANNING APPLICATION NO. 02-0510). 3. Introduce and read by title only an Ordinance entitled: ORDINANCENO. 03- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP TO CHANGE R:\G P A\PA01-0418 Eli Lilly~Agenda Report CC 01-14-03.doc 1 LOT I OF PARCEL MAP 30107 FROM SP-7 TO COMMUNI'FY COMMERCIAL, AND LOTS 2 AND 3 OF PARCEL MAP 30107 FROM BUSINESS PARK TO COMMUNITY COMMERCIAL, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF OVERLAND DRIVE AND YNEZ ROAD (PLANNING APPLICATION NO. 02-0509). BACKGROUND: The application for the General Plan Amendment (GPA), Specific Plan Amendment (SPA) and Zone Change (ZC) was originated by Eli Lilly & Company. According to the November 9, 1999 Development Agreement (DA) (Attachment 6), the City agreed to consider an application to amend the General Plan land use designations and zoning classifications on the Eli Lilly properties south of Overland Drive. Eli Lilly believes that the best use for Lots 1, 2, and 3 of Parcel Map 30107 is Community Commercial (CC). Initially, staff had concerns about CC uses on Lot 3 (southwest corner of Overland Drive and Margarita Road) because of proximity to adjacent residences. Staff preferred to see Professional Office designations for Lot 3. However, Eli Lilly agreed to certain restricted uses (Attachment 5) on Lot 3, and staff now supports CC designations on all three lots. Lot 1 of Parcel Map 30107 is located at the southeast corner of Overland Drive and Ynez Road and is currently within the Regional Center Specific Plan (SP-7). This lot also comprises all of Planning Area 3 of SP-7. The Commission is recommending that the Council remove the subject parcel from SP-7 project, and apply the CC General Plan land use and zoning requirements. As a result, all references to Planning Area 3 in the SP-7 document have been removed from the text and exhibits (Attachment 4). On November 20, 2002, the Planning Commission held a public hearing and recommended that the City Council approve the project. The Commission expressed no concerns with the proposed changes. DISCUSSION: Staff reviewed the General Plan to assess the consistency of the proposed amendment with the adopted Goals and Policies. The analysis focused on the Land Use, Noise, Circulation, and Community Design Elements. After examining these Elements, the Commission felt that the proposed change is consistent with the existing land uses along Margarita Road, Ynez Road, and Overland Drive. An Element-by-Element analysis of the key General Plan issues can be found in the November 20, 2002 Planning Commission Agenda Packet (Attachment 7). The existing Zoning surrounding the project site is Business Park, Commercial, and High Density Residential. The Commission felt that the proposed change is consistent with the existing Zone classifications in proximity to the project site. Environmental Determination This project is not exempt from CEQA and a Negative Declaration was prepared. No significant impacts were identified and no mitigation measures are proposed. The public review period for the Negative Declaration was from October 31, 2002 to November 19, 2002. At the time this report was prepared, no comments had been received. R:\G P A\PA01-0418 Eli Lilly~Agenda Report CC 01-14-03.doc 2 FISCAL IMPACT: No fiscal impact is anticipated. ATTACHMENTS: 1. Vicinity Map, General Plan Map, Zoning Map - Page 4 2. City Council Resolution of Approval - Page 5 3. City Council Ordinance authorizing the Specific Plan Amendment- Page 8 4. City Council Ordinance authorizing the Zone Change - Page 12 5. Amended Regional Center Specific Plan - Page 15 6. Operating Memorandum List of Restricted Uses for Lot 3 - Page 16 7. Development Agreement November 9, 1999 - Page 19 8. Planning Commission Agenda Packet November 20, 2002 - Page 20 R:\G P A\PA01-0418 Eli Lilly~Agenda Report CC 01-14-03.doc 3 ATTACHMENT NO. 1 VICINITY MAP, GENERAL PLAN MAP, ZONING MAP R:\G P A\PA01-0418 Eli Li[[y~Agenda Report CC 01-14-03.doc 4 CITY OFTEMECULA CASE NO. - PA NO. 01-0418, PA NO. 02-0509, PA NO> 02-0511 EXHIBIT 6A- VICINITY MAP PLANNING COMMISSION DATE - November 20, 2002 CITY OFTEMECULA I"1 LIIly_parcels.sh~ [:::::] Cltyparcelsl.sl~ Zonlng.shp ~ ~ HR 05 05-~ P~O..~ [~ ~o EXHIBIT 6B - ZONING MAP DESIGNATION - SP-7 to Community Commercial~ Business Park to Community Commercial r~l Lilly_parcels.shp ~ Cityparcelsl.sl~-" Gen_plan_cityl.shp .~ BP CC ~ HTC ~] o$ EXHIBIT 6C.- GENERAL PLAN DESIGNATION - From Business Park to Community Commercial CASE NO. - PA NO. 01-0418, PA NO. 02-0509, PA NO. 02-0510 PLANNING COMMISSION DATE - November 20, 2002 ATTACHMENT NO. 2 CITY COUNCIL RESOLUTION 2003- R:\G P A\PA01-0418 Eli Lilly\Agenda Report CC 01-14-03.doc 5 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0418, A GENERAL PLAN AMENDMENT ON THREE PARCELS ON THE SOUTH SIDE OF OVERLAND DRIVE BETWEEN MARGARITA AND YNEZ ROADS, AND GENERALLY KNOWN AS LOTS 1, 2 AND 3 OF PM 30107 AND A SPECIFIC PLAN AMENDMENT ON LOT 1 OF PM 30107. WHEREAS, Section 65300 of the Government Code requires that cities adopt a comprehensive, long-term General Plan for the physical development of the jurisdiction as well as any adjacent areas which, in the judgment of the city, bears a relationship to its planning; and WHEREAS, the Applicant submitted an Application for a General Plan Amendment on August 24, 2001; and WHEREAS, the Planning Commission held duly noticed public hearing on November 20, 2002, and recommended that the City Council approve the attached amendments to the General Plan Land Use Map; and WHEREAS, the City Council has held a duly noticed public hearing on January 14, 2003 to consider the proposed General Plan Amendment; and NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF TEMECULA DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: Section 1. Amendments to the General Plan Land Use Map. The City Council hereby amends the General Plan Land Use Designations for the City of Temecula for the area identified as Lots 1, 2, and 3 of Parcel Map 30107 from Business Park to Community Commercial. Section 2. Specific Plan Amendment. Modify SP-7 to remove all references to Planning Area 3 from the text as well as the acreage tabulations and exhibits. Section 3. Environmental Review. The City Council, based upon the information contained in the Initial Environmental Study and Negative Declaration prepared for this project, finds that the impacts of the proposed amendment is accurately described and discussed and hereby adopts a Negative Declaration. Section 4. Severability. The City Council hereby declares that the provisions of this Resolution are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect the validity of the remaining parts of this Resolution. Section 5. The City Clerk shall certify the adoption of this Resolution. R:\G P A\PA01-0418 Eli Lilly,Agenda Report CC 01-14-03.doc 6 Section 6. PASSED, APPROVED AND ADOPTED this __th day of 2003. ATTEST: Jeffrey E. Stone, Mayor Susan Jones, CMC, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the day of ,2003 by the following vote of the Council: AYES: 0 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan Jones, CMC, City Clerk R:\G P A\PA01-0418 Eli Lilly~Agenda Report CC 01-14-03.doc 7 ATTACHMENT NO. 3 CITY COUNCIL ORDINANCE 2003-_ R:\G P A\PA01-0418 Eli Lilly~Agenda Repot[ CC 01-14-03.doc 8 ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE REGIONAL CENTER SPECIFIC PLAN (SP-7) TO REMOVE ONE PARCEL (LOT 1 OF PM 30107) FROM THE REGIONAL CENTER SPECIFIC PLAN (SP-7), GENERALLY LOCATED AT THE SOUTHEAST CORNER OF OVERLAND DRIVE AND YNEZ ROAD (PLANNING APPLICATION NO. 02-0510). WHEREAS, the Applicant submitted an Application for a Specific Plan Amendment on August 24, 2001; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 20, 2002, and recommended that the City Council approve the attached amendments to the City Zoning Map; and WHEREAS, this Ordinance complies with all the applicable requirements of State law and local ordinances; and, WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, local newspaper, and the project site; and, WHEREAS, the City Council held a duly noticed public hearing on January 14, 2003 to consider the proposed amendments to the Regional Center Specific Plan. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendments To The Reqional Center Specific Plan (SP-7). The City Council hereby amends the Regional Center Specific Plan (SP-7) for the City of Temecula for the parcel identified as Lot 1 of Parcel Map 30107 by removing all references to Planning Area 3 of the Specific Plan from all text and exhibits as identified in Exhibit A (Attached). Section 2. Environmental Review. The City Council, based upon the information contained in the Initial Environmental Study and Negative Declaration prepared for this project, finds that the impacts of the proposed amendment is accurately described and discussed and hereby adopts a Negative Declaration. Section 3. Severabilit¥ 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. R:\G P A~PA01-0418 Eli Liliy~Agenda Repor~ CC 01-14-03.doc 9 Section 6. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and circulated in said City. Section 7. PASSED, APPROVED AND ADOPTED this day of ,2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 03- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the --th day of ~, 2003 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the th day of ., 2003, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:\G P A\PA01-0418 Eli Lilly~,genda Report CC 01-14-03.doc 10 EXHIBIT A The following pages of the Regional Center Specific Plan have been changed to remove all references for Planning Area 3 from all text, graphics, and acreage tabulations: · Page ii of the Table of Contents (not numbered) · Page v of the Table of Contents (not numbered) · Pages 11-2 & 11-3 · Pages 111-3 & 111-4 · Page 111-10 · Page 111-16 · Pages 111-18 & 111-19 · Page 111-22 · Page 111-25 · Pages 111-29 & 111-30 · Page 111-34 · Pages 111-47through 111-62 · Page 111-65 · Page 111-70 · Page IV-2 · Pages IV-42 through IV-44 Copies of these pages (Redline/Strikethrough) are attached to this Exhibit on the following pages: R:\G P A'~PA01-0418 Eli Lilly~Agenda Report CC 01-14-03.doc 11 IV. 7. Project Phasing Plans ......................................................................... 111-27 a. Project Phasing Plan Description ........................................... lTL27 b. Project Phasing Standards ...................................................... tiT-27 8. Maintenance Plan ............................................................................... 111-30 a. Master Regional Center Association ...................................... Iii-30 b. Project Roadways ................................................................... ITT-30 PLANNING AREA DEVELOPMENT STANDARDS ................................ I!I-31 1. Planning Area ! .................................................................................. 1TI-32 a. Descriptive Summary ............................................................. 111-32 b. Land Use Development Standards ......................................... 111-41 c. Planning Standards ................................................................. 111-41 2. Planning Area 2 .................................................................................. ITT-43 a. Descriptive Summary ........................................... ; ................. 111-43 b. Land Use Development Standards ......................................... 111-43 c. Planning Standards ................................................................. ITI-43 3. ~:~ ^~" 3 m ~.5 a. De~..~. ........... ~ ............................................................. ~I 45 c .......... ~, ........................................................................ ~.5 zoNING ORDINANCE ................................................................................ I~-47 1. Uses Permitted .................................................................................... I~-47 2. Development Standards ...................................................................... 111-57 3. Exceptions to Development Standards ............................................... 111-65 DESIGN GUIDELINES ............................................................................................ IV-1 A. PURPOSE AND INTENT ............................................................................... IV-1 B. LANDSCAPE GUIDELINES .......................................................................... IV-1 1. Landscape Architectural Guidelines ..................................................... IV-1 a. Introduction .............................................................................. IV-1 b. Streetsccnes .............................................................................. IV-4 c. Entry Monuments ................................................................... IV-13 d. Mall Option - Landscape Requirements ................................. IV-22 e. Commercial/Hotel/Office Landscape Requirements Excluding Mall Landscape/Institutional ................................ IV-23 f. Maintenance Responsibility ................................................... IV-23 2. Plant Material Guidelines ................................................................... IV-23 a. Introduction ............................................................................ IV-23 b. Landscape Development Zone Tree Palette ........................... IV-24 Co Community Plant Palette ........................................................ 1V-25 Planting Time ......................................................................... IV-29 General Landscape Requirements .......................................... IV-29 Climate Constraints ................................................................ 1V-30 Horticultural Soils Test Requirements ................................... IV-31 Irrigation ................................................................................. IV-31 LIST OF FIGURES NO. FIGURE PAGE lA Regional Map .......................................................................................................... II-21B1B Aerial Photograph ............................................................................................................ II-3 2 Vicinity Map .................................................................................................................... II-4 3 Specific Land Use Plan ................................................................................................... 11I-3 4 Circulation Plan .............................................................................................................. 11I-9 5A Roadway Cross Sections ............................................................................................... Ill-12 5B Roadway Cross Sections ............................................................................................... 111-13 6 Drainage Plan ................................................................................................................ 111-15 7 Water Plan ..................................................................................................................... 111-17 8 Sewer Plan: ................................................................................................................... Iii-18 9 Grading Concept ........................................................................................................... lII-21 10 Landscaping Plan .......................................................................................................... III-24 11 Conceptual Phasing Plan ............................................................................................... ILL29 12A Planning Area 1 ............................................................................................................. 111-33 12B Illustrative Site Plan - Main Street Concept .................................................................. 111-34 12C Main Street Concept.(Detail) ..................................................................................... ;..I11-35 12D Planning Area 2 ............................................................................................................. Iii 44 13 Conceptual Landscape Plan ........................................................................................... IV-2 14 Major Community Streetscene Winchester Road Section ............................................. IV-5 15 Major Community Streetscene Winchester Road Plan View ........................................ IV-6 16 Major Community Streetscene Ynez Road Section ....................................................... IV-8 17 Major Community Streetscene Ynez Road Plan View .................................................. IV-9 18 Major Community Streetscene Margarita Road Section ............................................. IV-11 19 Major Community Streetscene Margarita Road Plan View ......................................... IV-12 20 Minor Community Streetscene Overland Drive Section ............................................. IV-14 21 Minor Community Streetscene Overland Drive Plan View ......................................... IV-15 22 Regional Center Monumentation Plan View ............................................................... IV-17 23 Major Entry Monumentation Plan View ...................................................................... IV-18 24 Major Entry Monumentation Elevation ....................................................................... IV-19 25 Minor Entry Monumentation Plan View ..................................................................... IV-20 26 Minor Entry Monumentation Elevation ....................................................................... IV-21 26A Site Coverage ................................................................................................................ IV-34 26B Building Setbacks ......................................................................................................... IV-35 26C Site Section ................................................................................................................... IV-36 26D Service Area and Refuse Collection Area Section ........................................................ IV-39 27A Illustrative Site Plan (Alternative 1) ............................................................................ IV-42 27B Illustrative Site Plan (Alternative 2) ............................................................................ 1V-43 27C Illustrative Site Plan (Alternative 3) ............................................................................. IV-44 iVIC1NI.TY MAP 27555 Ynez Road, Suite 202, Temecula, Ca. 92591 TEMECULA REGIONAL CENTER FIGURE 2 TABLE I DETAILED LAND USE SUMMARY I~'~XED USE ! .25-1.0 RETAIL COMMERCIAL CORE/SUPPORT RETAIL 2 .25-1.0 ?,0 !.0 ROADS: Major roadways totaling 26.04+ acres will be implemented in conjunction with the proposed project. The Riverside County Master Plan of Streets and Highways, as utilized by the City of Temecula, will adequately serve traffic volumes for both the site and region. The project will ultimately be bordered to the east by Margarita Road, an Arterial roadway (110' R.O.W.), and to the north and west by Winchester and Ynez Roads, Urban Arterials (134' R.O.W.). Site traffic will be handled by a hierarchial roadway system consisting of Arterial, Major, Secondary, Collector and Local Roadways. Internal, on-site traffic will be handled by a flexible private roadway system designed to adequately handle the traffic created by the project. Loop Street "A", a special project · roadway will provide interior traffic to higher traffic carrying Major and Arterial Roadways. (See Figures 4, 5A, and 5B, Master Circulation Plan and Roadway Cross-Sections.) Class II bicycle trails will be provided along Ynez Road, Margarita Road, and Winchester Road. WINCHESTER ROAD TRANSPORTATION CORRIDOR: A 25-foot-wide transportation corridor' shall be provided adjacent to the Winchester Road right-of-way. This corridor is intended to provide undetermined future opportunities for transportation uses including Light Rail Transit (LRT), bus- only lanes and High Occupancy Vehicle (HOV) lanes. If this corridor is not developed with transportation uses, then it shall be preserved along with 12 feet within the Winchester Road right- Range of allowable level of development for individual planning areas within the Specific Plan area. HI-4 m 4~ m ITl 8 m 0 m 0 Z m NOTE: A 25-foot-wide Transportation Corridor will be provided adjacent to the Winchester Road right-of-way. * circled numbers reference Figure numbers where treatment occurs. 2 LANDSCAPING PLAN TEMECULA REGIONAL CENTER 27555 Yne~ Road, Suite 202, Temecula, Ca. 92591 I~-25 FIGURE 10 TABLE II DEVELOPMENT PHASING Commercial Core/Shopping Re- tail 2 I.25-1.0 Mixed Use 1 .25-1.0 71.97 ~ g .~.n~ !.~ 5?.9 Range of allowable level of development for individual planning areas. These dates reflect estimated consh~'uction commencement but may vary significantly. Roads will be phased incrementally as necessary to adequately serve the project. 111-29 Ii .,./ Z ITl 0 :~ 0 n~ ~> =o ~cz-=~=z ~m~o~z= ~'~=~m,-,~'" ~ ~,-z~ ,, ~'_z6~=>~~c='Zmo<=Z~- ~'~ ~ mO m ~ m~ Z ~ ~m ~z~ ~m ~ ~.z~ -- emo< ~o=~ ~Z ./-/' ~ o Z Z Z Orn ~ ~ c:: O03 133 133 133 Z Z Z =q -I -I 6 6 ~ 2) ~) 1II-48 Z -n -< 0 ~Z m /TI C. ZONING ORDINANCE The following regulations shall apply in the Mixed Use Zone of Planning Area 1, and the Commermal/Support Commercial Zone of Planmng Area 2 ................................... ~, 1. Uses Permitted The following uses are permitted in the Mixed Use Zone of Planning Area 1, and th~~ Commercial/Support Commercial Zone of Planning Area 2, and ~.,e Eugene:: Par!: Z~ne cf P!anr2ng Ar-oa-3, provided a development plan has been approved pursuant to City Ordinances. Where indicated with a letter "P" the use shall be a permitted use. Where indicated with a "X", the use is prohibited within the zone. A letter "C" indicates the use shall be conditionally permitted subject to the approval of a Conditional Use Permit. TABLE IIA SCHEDULE OF PERMITTEO USES Planning Areas Planning Area DESCRH'TION OF USE Aeroblcs/Dance/lazzercise/Martial Arts Studios (less than 5,000 sq. ft.) P P G Aerobics/Dance/Jazzercise/Martial Arts Studios (5,000 sq. fl. and greater) P P G Alcoholism or Drag Abuse Recovery or Treatment Facility (six or fewer) P X Alcoholism or Drag Abuse Recovery or Treatment Facility (seven or more) X X Ambulance Services P P Animal Hospital/Shelter C C Antique Restoration C C Antique Sales P P III-50 TABLE IIA SCHEDULE OF PERMITTED USES Pla g Areas 1 d 2 nnin ~ an Planning Area DESCRIPTION OF USE 1 Apartment Houses, Stacked Flats and Multiple-Family Dwellings, including Stacked Flats built over or in conjunction with Commercial or Office Uses. P X Appliance Stores, Household P P G Art Supply Shops an~t Studios P P Auction Houses P P G Auditoriums and Conference Rooms P P Automobile Parts and Supply I Stores P P AUtomobile Repair Garages, not including Body and Fender Shops or Spray Painting C P Automobile Repair Garages with Body and Fender Shops or Spray Painting C C Automobile Sales and Rental Agencies C P Bakery Goods, Distribution P P Bakery Retail P P Banks and Financial Institutions P P P Barber and Beantv Shoos P P Bars and Cocktail Lounges, not including Establishments with Live Entertainment C P III-51 TABLE SCHEDULE OF PERMITTED USES Planning Areas 1~ and 2 Planning Area DESCRIPTION OF USE 1 2 Bars and Cocktail Lounges when C C Associated with Live Entertainment Bicycle Sales and Rentals P P Billiard and Pool Halls C P Blueorint and Duolicatin~ and p p ia Boat and Other Mari6e Sales X P Book Stores and Binders P P Boarding. Rooming, and Lodk, in~, X X Bowling Alleys P P Building Materials Sales Yards C C · Car Washes P P Carpet and Rug Cleaners X X G Catering Services P P ia Ceramic Sales and Manufacturing for on-site sales, provided the total volume of kiln space does not exceed 16 cubic feet. C C Chumhes, Synagogues and Other Similar Religious Structures and Facilities including Incidental Uses such as Assembly, Work Rooms, Living Quarters of a Priest, Minister or Family, and Day Care and Educational Facilities C C G Cleanin~ and Dveim, Shoos P P Clothim, Sales P P III-52 TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas 17 and 2 DESCRIPTION OF USE Planning Area 1 Communications and Microwave X X Installations Computer and Typewriter Sales and Rental, including Incidental Repairs P P Confectionery or Candy Stores P P Convenience Stores, not including the Sale of Motor Vehicle Fuel P P Convenience Stores, including the Sale of Motor Vehicle Fuel C C Costume Design Studios P P llli Dance Halls C C Day Care Centers and Facilities P P Delicatessens P P Department Stores P P Discount Stores and Membership Warehouse Clubs C P Drive-In Movie Theaters X C Drag Stores and Pharmacies P P G Dry Cleaners p p ia Dry Goods Stores P P Educational Institutions (Public) C C Educational Institutions (Private) C X G III-53 TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas Planning Area DESCRIPTION OF USE 1 2 Electrical Substations C C Employment Agencies P P Entertainment Lounges C C Equipment Rental Services, including Rototillers, Power Mowers, Sanders, Power Saws, Cement and Plaster ~ixers not exceeding 10 cubic feet in capacity, and Other Similar Equipment C C Escort Bureaus C C Exercise, Health and Fitness Centers P P Facilities for the Mentally Disordered, Handicapped or Dependent or Neglected C~ildren (six or fewer) P X Facilities for the Mentally Disordered, Handicapped or Dependent or Neglected Children (seven or more) X X Feed and Grain Sales P P Fire and Police Stations P P Ia Florist Shops P P Fortune Telling, Spiritualism or Similar Activity C C X Furniture Transfer and Storage X X ia III-54 TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas 1~ and 2 Planning Area DESCRIPTION OF USE I 2 Gasoline Service Stations, not including the concurrent sale of beer and wine for off-premises consumption P P Gasoline Service Stations, including the concurrent sale of beer and wine for off, premises consumption C C Gift Shops P P Golf Cart Sales and Service P P Hardware Stores, including not more than 1,000 sq. ft. of Outside Storage P P Hardware Stores, with more than 1,000 sq. ft. of Outside Storage C C Heliports C C G Hobby Shops P P Hotels, Resort Hotels and Motels P P G Household Goods Sales, including but not limited to New and Used Appliances, Furniture, Carpets, Draperies, Lamps, Radios and Television Sets, including Repair Thereof P P G Ice Cream Parlor P P Interior Decorating Service P P III-55 TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas Planning Area DESCRIPTION OF USE I 2 3 Jewelry Stores, including Incidental Repairs P P KennelIxlxl Labor Temples p p ia Laboratories, including but not limited to Film, Dental, Medical, Research or Testing P P ia Laundries, Drycleaners and Lanndromats P P Leather Goods Stores P P Liquid Petroleum Service Stations, not including the concurrent sale of beer and wine, provided the total capacity of all tanks shall not exceed 10,000 gallons P P Liquid Petroleum Service Stations, including the concurrent sale of beer and wine for off-premise consumption, provided the total capacity of all tanks shall not exceed 10,000 gallons C C Liquor Stores P P Locksmith Shops P P Mail Order Businesses P P ia Manufacturer's Agents P P III-56 TABLE IIA SCItEmJLE OI~ PERMITTEO USES Planning Areas 1~ and 2 ann.. 3 Plaoning Area DESCRIPTION OF USE 1 2 3 Manufacturing of products similar to, but not limited to, the following: X X tl Custom-made product, processing, assembling, packaging, and fabrication of goods within enclosed building, such as jeweh3', furniture, art objccts,'clothing, labor intensive manufacturing, assembly, and repair processes which do not involve frequent truck traffic. Markets, including but not limited to Food, Wholesale, Produce, Fruit, Vegetable, Fish, and Poultry and Meat .Markets, but not including Slaughtering P P X Massage Parlors~ Turkish Baths and Similar Personal Service Establishments C C ;g Mini-Storage or Mini-Warehouse C C G Mobilehomes, provided they are kept mobile and licensed pursuant to State law, used for sales office on mobilehome sales lots; construction offices and caretaker's quarters on construction sites for the duration of a valid building per- mit, provided they are inconspicuously located; or caretakers or watchmen and their families, provided no rent is paid, where a permitted and existing commercial use is established. Not more than one mobilehome shall be allowed for a oarcel of land or a C C X II1-57 TABLE HA SCHEDULE OF PERMITTED USES Planning Areas 1~ and Planning Area DESCRIPTION OF USE shopping center complex Multiple Family Residences P X Music Stores P P Musical and Recording Studio P P News Stores P P Notions or Novelty Stores P P Nurseries and Garden Supply Stores C C li[0~ Offlc~ Equipment/Supplies/Sales/Services P P P Offices, including but not limited to Business, Law, Medical, Dental, Veterinarian, Chiropractic, Architectural, Engineering, Community Planning and Real Estate, and Insurance P P Paint and Wallpaper Stores, not including Paint Contractors P P Parcel Delivery Services X X Parking Lots and Parking Structures C C Pawn Shops C C Pest Control Services X X Pet Shoos and Pet Suoolv Shoos III-58 TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas 1~ and 2 Planning Area DESCRIPTION OF USE 1 2 and Pet Grooming P P Photocopying Services and Stores P P P Photography Shops and Studios and Photo Engraving P P Plumbing Shops, not including Plumbing Contractor, s P P Postal Services P P P Printers or Publishers P P Public Uses and Buildings including City Halls, Civic Cen- ters, Police Stations, Paramedic Facilities, Libraries, Court Houses and other similar Public Facilities P P Public Utility Buildings and Structures, not including Outside Storage C C G I I I Radio, Microwave and Television Receiving Antennas, Dish Antennas and Flag Poles P X Radio and Television Broadcasting Studios C C G Recreational Vehicle Trailer, and Boat Storage (within an enclosed building) X X t~- Recreational Vehicle Trailer, and Boat Storal~e X X III-59 TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas 1; and 2 ~'n2 ~ Planning Area DESCRIPTION OF USE 1 2 (exterior yard) Recycling Collection Facilities P P ~; Residential Care Facilities for the ~ Elderly (six or fewer) P X ~ Residential Care Facilities for the ! Elderly (seven or more) P X ~g Restaurants and Other Eating Establishments, not including Drive-in or Drive-thru Restaurants or Restaurants with Bars/Cocktail Lounges that Offer Live Entertainment P P G I Restaurants and Other Eating Establishments with Drive-ins or Drive-thrus or Bar/Cocktail Facilities that Offer Live Entertainment C C ~ Retail Support Use (up to 15% of total development square footage) NA NA Sale, Rental, Repair or Demonstration of Motorcycles, Scooters and Motorbikes C C ;~ Schools, Business and Professional, including but not lim- ited to An, Barber, Beauty, Dance, Drama, Music and Swimming P P Shoe Shine Stand P P Shoe Stores and Repair Shops P P Signs, On-site Advertising P P Ili-60 TABLE IIA SCHEDULE OF PERMITrED USES Planning Areas 1~ and 2 and Planning Area DESCRIPTION OF USE 1 2 Sporting Goods Stores P P Sports and Recreational Facilities, not including Motor Drive Vehicles and Riding Academies, but including Archery Ranges, Athletic Playgrounds, Sports Arenas, Skating Rinks, Stadiums and Commercial Swimming Pools C C Stationer Stores p p St Stations, including Bus, Light Rail, Trolley and Taxi P P Swap Meets C C Tailor Shops P P Telephone Exchanges P P Theaters, not including Drive-ins P P Tire Sales and Service, not including Recapping P P Tobacco Shops p p ia Tourist Information Centers P P la Toy Shops P P Travel Agencies p p ia Truck Sales and Services C P Upholstery Shop ixlxl~ III-61 TABLE IIA SCltEOULE OF PERMITTED USES Planning Areas Planning Area DESCRIPTION OF USE I I I Watch Repair Shops P P Wedding Chapels C C Wholesale Businesse~ with samples on the premises, but not including Storage P P I I I I LEGEND P = Permitted Use C = Conditional Use X = Prohibited Use NA = Use Not Applicable to Planning Area Indicated Any use that is not specifically listed in Table IIA, above, may be considered a permitted use provided that the Planning Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsection. Such a use is subject to the permit process which governs the category in which it falls. Accessory Uses. An accessory use to a permitted use is allowed provided the accessory use is incidental to, and does not alter the character of, the principal permitted use, including, but not limited to: Limited manufacturing, fabricating, processing, packaging, treating and incidental storage related thereto, provided any such activity shall be in the same line of merchandise or III-62 PLANNING AREA 1 ONLY For apartment houses, stacked fiats and multiple-family residential uses, including stacked fiats over office or commercial uses, automobile space in Planning Area 1 shall be provided as follows: Such spaces shall be located within two hundred feet (200') of the building to be served by these spaces. A minim~unofone (1) covered parking space shall be provided per dwelling unit. PLANNING AREAS 1~ &2~:2 Shared parking for developments with a combination of uses such as office, mixed-use, multiple-family residences, apartments or fiats will be permitted in all planning areas within the Temecula Regional Center Specific Plan provided a share-parking study is prepared for the uses and approved by the City of Temecula. Automobile Loading. The number of loading and unloading spaces required are indicated on th9 following table. 7,499 s.f. or less 7,500 - 14,999 s.f. 15,000 - 24,999 s.f. 25,000 - 39,999 s.f. 40,000 - 59,999 s.f. 60,000 - 79,999 s.f. 80,000 - 100,000 s.f. For each additional 100.000 s.f.. above Ill-65 (7) project into the public right-of-way or interfere with efficient operations of emergency vehicles. (c) Signs which prevent free access to or from any fire escape, door, window or exit, or access to any standpipe. (d) Signs which project above a parapet or roofline or which are located upon or affixed to the roof of a building. (e) Signs or graphics painted directly on the exterior facades of buildings. (f) Landscaping or the use of annual or ornamental flowers that form a sign or message. (g) Signs where the entire face of the sign is illuminated rather than just the graphics, except for hotel-related signage which may be fully illuminated. (h) Graphics painted on or adhered to trash bins or their enclosures. (i) Sign cabinets with entire faces of plexiglass. (,j) Any sandwich board "A" frame sign or other portable sign. (k) Signs which identify or advertise a product or service not available on the property. (t) Any sign placed or displayed on vehicles parked primarily for the purpose of displaying the sign. (m) Temporary signs beyond the period of display approved by City Ordinance. 6¢neral Sign Specifications (for all types of si~nage in all areas) (a) All building-mounted signs shall meet or exceed all applicable city, state, and federal codes. (b) All signs containing electrical components shall be conform to the Uniform Lighting Code. (c) No on-site sign shall be affixed on, above or over the roof of any building, and no on-site sign shall be affixed to the wall of a building so that it projects above the parapet of the building. For the purposes of this section, a mansard style roof shall be considered a parapet. : III-70 1 2 Circled numbers reference Figu~*e numbers where treatment CONCEPTUAL LANDSCAPE PLAN TEMECULA REGIONAL CENTER K.C.D.C. 27555 Ynez Road, Suite 202, Temecula, Ca. 92591 IV-2 FIGURE 13 ILLUSTRATIVE SITE PLAN 'ALTERNATIVE TEMECULA REGIONAL CENTER K.C.D.C. 27555 Y#ez Road, Suite 202, Temecula, Ca. 92591 IV.42 FIGURE 27A ILLUSTRATIVE SITE PLAN ALTERNf4-TIVE 2 K.C~.C. 27555 Yne: Road, Suite 202, Temecula, Ca. ~2591 This slle plan b prodded for #lusr[a~ate purposes only. Aotu;J site plan =onltllun~on and building layouts will be determined ([luring Devek~nent Plan Review. TEMECULA REGIONAL CENTER FIGURE'27B ]V-43 ,ILLUSTRATIVE SITE PLAN ALTERNATIVE 3 ~ _ 'This site plan Is provided fro'illustrative purposes only. ActuaJ s~ plan cof~figuratlon and 1:4Jlldlng layout~ will bo dototmh~] dTning Development Plan Review. TEMECULA REGIONAL CEi~ER K.C,D.C, 27555 Ynez Road, Suite 202, Temeeula, Ca. 92591 FIGURE 270 ATTACHMENT NO. 4 CITY COUNCIL ORDINANCE 2003- R:\G P A\PA01-0418 Eli Lilly~Agenda Repor~ CC 01-14-03.doc 12 ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP TO CHANGE LOT I OF PARCEL MAP 30107 FROM SP-7 TO COMMUNITY COMMERCIAL, AND LOTS 2 AND 3 OF PARCEL MAP 30107 FROM BUSINESS PARK TO COMMUNITY COMMERCIAL, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF OVERLAND DRIVE AND YNEZ ROAD (PLANNING APPLICATION NO. 02-0509). WHEREAS, the Applicant submitted an Application for a Zone Change on August 24, 2001; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 20, 2002, and recommended that the City Council approve the attached amendments to the City Zoning Map; and WHEREAS, this Ordinance complies with all the applicable requirements of State law and local ordinances; and, WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, local newspaper, and the project site; and, WHEREAS, the City Council has held a duly noticed public hearing on January 14, 2003 to consider the proposed amendments to the City Zoning Map. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ~EREBY ORDAIN AS FOLLOWS: Section 1. Amendments to the Official Zoninq Map. The City Council hereby amends the Official Zoning Map for the City of Temecula for the area identified as Lot 1 of Parcel Map 30107 by changing the zoning designation from SP-7 to Community Commercial, and the parcels identified as Lots 2 and 3 of Parcel Map 30107 from Business Park to Community Commercial. Section 2. Environmental Review. The City Council, based upon the information contained in the Initial Environmental Study and Negative Declaration prepared for this project, finds that the impacts of the proposed amendment is accurately described and discussed and hereby adopts a Negative Declaration. 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. R:\G P A\PA01-0418 Eli Lilly\Agenda Report CC 01-14-03.dcc 13 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. Section 6. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and cimulated in said City. Section 7. PASSED, APPROVED AND ADOPTED this day of ,2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 03- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the __th day of ,2003 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the th day of_ ., 2003, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:\G P A~PA01-0418 Eli Lilly\Agenda Report CC 01-14-03.doc 14 A'I-FACHMENT NO. 5 AMENDED REGIONAL CENTER SPECIFIC PLAN (SP-7) R:\G P A\PA01-0418 Eli Liliy~Agenda Report CC 01-14-03.doc 15 Screencheck S.P./E.I.R.: 8-22-90 Second Screencheck Submitted: 1-11-91 Draft S.P./E.I.R. Submitted: 5-30-91; Rev. 1-21-92; 12-15-92; 1-27-93; 3-5-93; 2-1-94 Planning Commission Approval: 7-18-94 City Council Approval: 10-11-94 TEMECULA REGIONAL CENTER DRAFT SPECIFIC PLAN NO. 263 AND EIR NO. 340 Developed by: KEMPER COMMUNITY DEVELOPMENT COMPANY (K.C.D.C.) 27555 Ynez Road, Suite 202 Temecula, California 92591 (714) 694-0666 Contact Person: Dennis Chiniaeff Prepared by: T&B PLANNING CONSULTANTS, INC. 3242 Halladay Suite 100 Santa Aha, California 92705 (714) 662-2774 Contact Person: Barry Bumell In Association with: Wilbur Smith Associates, Traffic Engineering NBS/Lowry, Civil Engineering Callison Parmership, Architecture HRP LanDesign, Landscape Architecture Highland Geotechnical, Geotechnical Douglas Wood & Associates, Environmental Analysis Natelson, Levander & Whitney, Fiscal Analysis Lead Agency: City of Temecula Contact Planner: Debbie Ubnoske (714) 694-6400 Adopted on October 11, 1994 (As Amended November 2002) TABLE OF CONTENTS NO. SECTION PAGE INTRODUCTION I-1 A. DOCUMENT PURPOSE .................................................................................... I-1 1. Environmental Procedures ...................................................................... I-1 2. Format ..................................................................................................... I-1 3. Discretionary Actions and Approvals ..................................................... I-2 4. Effects Found Not to be Significant ........................................................ I-2 B. CEQA TOPICS LOCATION .............................................................................. I-3 Il. SUMMARY .................................................................................................................. IL1 A. PROJECT DESCRIPTION ............................................................................... II-1 1. Location and Site Description ............................................................... II-1 a. Existing On-Site Land Uses and Zoning Designations ............. II-I b. Surrounding Land Uses ............................................................. II-1 2. Land Use Plan ....................................................................................... 1I-5 3. Project Objectives ................................................................................. II-5 4. Project Phasing ...................................................................................... II-6 B. EIR MATRIX - SUMMARY FOR TEMECULA REGIONAL CENTER ......... 11-7 IlL SPECIFIC PLAN ....................................................................................................... m-1 A. DEVELOPMENT PLANS AND STANDARDS ............................................ m-1 1. Specific Land Use Plan ........................................................................ m-2 a. Project Description ................................................................... 111-2 b. Land Use Development Standards ........................................... 11I-5 2. Cimulation Plan .................................................................................... 111-8 a. Plan Description ....................................................................... m-8 b. Circulation Plan Development Standards ................................ 11I-8 3. Drainage Plan ..................................................................................... 111-14 a. Plan Description ..................................................................... 111-14 b. Drainage Plan Development Standards .................................. m-14 4. Water and Sewer Plans ....................................................................... Jill-16 a. Water and Sewer Plan Description ......................................... 111-16 b. Water and Sewer Plan Development Standards .....................111-19 5. Grading Plan ....................................................................................... flI-20 a. Grading Plan Description ....................................................... 111-20 b. Grading Plan Development Standards ................................... m-20 6. Landscaping Plan ............................................................................... m-23 a. Plan Description ..................................................................... 111-23 b. Landscaping Plan Development Standards ............................ 111-23 IV. Co 7. Project Phasing Plans ......................................................................... III-27 a. Project Phasing Plan Description ........................................... 111-27 b. Project Phasing Standards ...................................................... 111-27 8. Maintenance Plan ............................................................................... 111-30 a. Master Regional Center Association ...................................... m-30 b. Project Roadways ................................................................... m-30 PLANNING AREA DEVELOPMENT STANDARDS ................................ III-31 1. Planning Area 1 .................................................................................. 111-32 a. Descriptive Summary ............................................................. 111-32 b. Land Use Development Standards ......................................... I11-41 c. Planning Standards ................................................................. 111-41 2. Planning Area 2 .................................................................................. 111-43 a. Descriptive Summary ............................................................. 11143 b. Land Use Development Standards ......................................... 111-43 c. Planning Standards ................................................................. m-43 '~ P! ~ g A 3 11/45 ~. ann n rsa .................................................................................. ZONING ORDINANCE ................................................................................ 111-47 1. Uses Permitted .................................................................................... m-47 2. Development Standards ...................................................................... m-57 3. Exceptions to Development Standards ............................................... m-65 DESIGN GUIDELINES ............................................................................................ IV-1 A. PURPOSE AND INTENT ............................................................................... IV-1 B. LANDSCAPE GUIDELINES .......................................................................... IV-1 1. Landscape Architectural Guidelines ..................................................... IV-1 a. Introduction .............................................................................. 1V-1 b. Streetscenes .............................................................................. IV-4 c. Entry Monuments ................................................................... IV-13 d. Mall Option - Landscape Requirements ................................. IV-22 e. Commercial/Hotel/Office Landscape Requirements Excluding Mall Landscape/Institutional ................................ IV-23 f. Maintenance Responsibility ................................................... IV-23 2. Plant Material Guidelines ................................................................... IV-23 Introduction ............................................................................ IV-23 Landscape Development Zone Tree Palette ........................... IV-24 Community Plant Palette ........................................................ IV-25 Planting Time ......................................................................... IV-29 General Landscape Requirements .......................................... IV-29 Climate Constraints ................................................................ IV-30 Horticultural Soils Test Requirements ................................... IV-31 Irrigation ................................................................................. IV-31 SITE PLANNING GUIDELINES .................................................................. 1V-32 1. Site Planning Concept ........................................................................ IV-32 2. Site Coverage ..................................................................................... IV-32 3. Winchester Road and Ynez Road Setbacks ....................................... IV-32 4. Secondary Street Setbacks .................................................................. IV-33 5. Side Yard and Rear Yard Setbacks .................................................... IV-33 6. Building Locations ............................................................................. IV-33 7. Access and Driveways ........................................................................ IV-33 8. Entry Sequence ................................................................................... IV-37 9. Parking Requirements ........................................................................ IV-37 10. Service, Loading and Special Equipment Areas ................................ IV-38 11. Exterior Walls and Fences .................................................................. IV40 ARCHITECTURAL GUIDELINES .............................................................. IV-41 1. Architectural Concept ........................................................................ IV-41 2. Architectural Character ...................................................................... 1V-41 3. Building Site Planning ....................................................................... IV~41 4. Skyline ................................................................................................ IV-52 5. Building Heights ................................................................................ IV-52 6. Facade Articulation and Building Detail ............................................ IV-52 7. Building Base (Multi-Story Office & Business Park Dev.) ............... IV-52 8. Color ................................................................................................... IV-52 9. Materials ............................................................................................. IV-53 10. Roofs, Penthouses and Mechanical Screens ....................................... IV-53 11. Service Areas ...................................................................................... IV-53 12. Ancillary Buildings ............................................................................ IV-54 13. Parking Structures .............................................................................. IV-54 14. Energy Considerations ....................................................................... IV-54 15. Street/Plaza Furniture and Bus Shelters ............................................. IV-54 SIGNAGE GUIDELINES .............................................................................. IV-55 1. Commercial Core Signage .................................................................. IV-55 a. Major Site Identity Sign ......................................................... IV-55 b. Primary Entrance Sign ............................................................ IV-55 2. Retail Commercial Signage ................................................................ IV-55 a. Primary Tenant Monolith ....................................................... IV-55 b. Secondary Tenant Monolith ................................................... IV-57 c. Tenant Building Identification ............................................... 1V-57 d. Shop Tenant Fascia Identification ......... : ................................ IV-61 e. Tenant Window Identification ................................................ IV-61 f. Temporary Window Signs ...................................................... IV-61 g. Under Canopy Hanging Sign .................................................. 1V-61 h. Banners, Pennants and Awnings ............................................ IV-65 3. Office/Hotel/Institutional & Business Park Signage .......................... IV-65 a. Site Identification Signs ......................................................... 1V-65 b. Site Identification, Street Frontage ......................................... 1V-65 c. Building Identification Signs .................................................. 1V-65 d. Ground Floor Commercial Tenants and Restaurants ............. 1V-66 4. Theaters and Special Event Facilities ................................................. IV-66 5. Building Address ................................................................................ IV-66 6. Vehicular and Pedestrian Signs .......................................................... IV-66 7. Directory Signs ................................................................................... IV-67 8. Parking Signs ...................................................................................... 1V-67 a. Directional Signs .................................................................... 1V-67 b. Restrictive Signs ..................................................................... 1V-67 9. Temporary Signs ................................................................................ 1V-67 t0. Future Facilities Signs ........................................................................ 1V-67 11. Leasing Signs ..................................................................................... IV-68 a. Regulations ............................................................................. IV-69 b. Compliance ............................................................................. IV-69 12. Signs Not Permitted ........................................................................... IV-69 13. General Sign Specification ................................................................. IV-70 LIGHTING GUIDELINES ............................................................................. IV-72 2. 3. 4. 5. 6. 7. 8. Lighting Concept ................................................................................ IV-72 Street Lighting .................................................................................... IV-73 General On-Site Lighting Parameters ................................................ IV-73 Vehicular Circulation and Parking Area Lighting .............................. IV-73 Pedestrian Area Lighting .................................................................... IV-73 Architectural Lighting ........................................................................ 1V-74 Service Area Lighting, ........................................................................ IV-74 Accent Lighting .................................................................................. IV-74 GENERAL PLAN/ENVIRONMENTAL ANALYSIS ............................................ V-1 Note: Chapter V - General Plan~Environmental Analysis is bound separately from Chapters I through IV of the Temecula Regional Center Specific Plan. See Volume 11 of the three volume set that contains the complete text of the Specific Plan, E1R, Technical Appendices, and other assorted documents for Chapter V. LIST OF FIGURES NO. FIGURE PAGE lA Regional Map .......................................................................................................... II-21B1B Aerial Photograph ............................................................................................................ 1I-3 2 Vicinity Map .................................................................................................................... 11-4 3 Specific Land Use Plan ................................................................................................... I11-3 4 Circulation Plan .............................................................................................................. 111-9 5A Roadway Cross Sections ............................................................................................... 111-12 5B Roadway Cross Sections ............................................................................................... 111-13 6 Drainage Plan ................................................................................................................ 111-15 7 Water Plan ..................................................................................................................... m- 17 8 Sewer Plan .................................................................................................................... m-18 9 Grading Concept ........................................................................................................... 111-21 10 Landscaping Plan .......................................................................................................... 111-24 11 Conceptual Phasing Plan ............................................................................................... 111-29 12A Planning Area 1 ............................................................................................................. 111-33 12B Illustrative Site Plan - Main Street Concept .................................................................. 111-34 12C Main Street Concept (Detail) ........................................................................................ 111-35 12D Planning Area 2 .................... .~ ................ :. ..................................................................... m 13 Conceptual Landscape Plan ........................................................................................... IV-2 14 Major Community Streetscene Winchester Road Section ............................................. IV-5 15 Major Community Streetscene Winchester Road Plan View ........................................ IV-6 16 Major Community Streetscene Ynez Road Section ....................................................... IV-8 17 Major Community Streetscene Ynez Road Plan View .................................................. IV-9 18 Major Community Streetscene Margarita Road Section ............................................. IV-11 19 Major Community Streetscene Margarita Road Plan View ......................................... 1V-12 20 Minor Community Streetscene Overland Drive Section ............................................. IV-14 21 Minor Community Streetscene Overland Drive Plan View ......................................... 1V-15 22 Regional Center Monumentation Plan View ............................................................... IV-17 23 Major Entry Monumentation Plan View ...................................................................... IV- 18 24 Major Entry Monumentation Elevation ....................................................................... IV-19 25 Minor Entry Monumentation Plan View ..................................................................... IV-20 26 Minor Entry Monumentation Elevation ....................................................................... IV-21 26A Site Coverage ................................................................................................................ IV-34 26B Building Setbacks ......................................................................................................... IV-35 26C Site Section ................................................................................................................... IV-36 26D Service Ama and Refuse Collection Area Section ........................................................ IV-39 27A Illustrative Site Plan (Alternative 1) ............................................................................ IV42 27B Illustrative Site Plan (Alternative 2) ............................................................................ IV43 27C Illustrative Site Plan (Alternative 3) ............................................................................. IV-44 NO. FIGURE PAGE 27D 27E 27F 27G 27H 27I 27J 27K 27L 27M 27N 270 27P 27Q 27R Illustrative Site Rendering ............................................................................................ IV-45 Illustrative Site Rendering ............................................................................................ IV-46 Illustrative Site Rendering ............................................................................................ IV47 Illustrative Site Rendering ............................................................................................ IV-48 Illustrative Site Rendering ............................................................................................ IV49 Illustrative Site Rendering ............................................................................................ IV-50 Illustrative Site Rendering ............................................................................................ IV-51 Primary Tenant Sign Monolith ..................................................................................... IV-56 Secondary Tenant Sign Monolith ................................................................................. IV-58 Typical Anchor Tenant ................................................................................................. IV-59 Typical Minor Tenant ................................................................................................... IV-59 Shop Tenant Fascia ....................................................................................................... IV-60 Sample Sign Detail at Fascia ........................................................................................ IV-62 Wall Sign ...................................................................................................................... IV-63 Under Canopy Hanging Sign ........................................................................................ 1V-64 Note: Figures 28A through 47 may be found in Chapter V - General Plan~Environmental Analysis which is bound separately from Chapters I through IV. Chapter V is located in Volume H of the three volume set that contains the complete text of the Temecula Regional Center Specific Plan, EIR, Technical Appendicies, and ' other assorted documents. LIST OF TABLES NO. TABLE PAGE Detailed Land Use Summary ..................................................................................... 1114 Development Phasing .............................................................................................. 111-28 Note: Tables II1 through XVIII may be found in Chapter V - General Plan/Environmental Analysis which is bound separately from Chapters I through IV. Chapter V is located in Volume II of the three volume set that contains the complete text of the Temecula Regional Center Specific Plan, EIR, Technical Appendicies, and other assorted documents. I. INTRODUCTION A. DOCUMENT PURPOSE This document has been prepared for the purpose of delineating a multiple-use land development plan and evaluating potential environmental impacts resulting from implementation of the plan as set forth in this document. The development proposal, called the Temecula Regional Center Specific Plan, encompasses 201.3+ acres of land located within the recently incorporated City of Temecula within Riverside County, California. 1. Environmental Procedures The Environmental Impact Report (EIR) portion of this document (Section V) has been prepared in accordance with the Califomia Environmental Quality Act (CEQA) of 1970, as amended (Public Resources Code Section 15000, et seq. An Environmental Assessment (E.A.) of the project has been prepared by the County of Riverside and utilized by the City of Temecula. A Notice of Preparation (NOP) for an EIR and a description of potential adverse impacts has been distributed to the State Clearing House, responsible agencies and other interested parties on August 30, 1989. An EIR Scoping meeting was held by the City of Temecula on July 26, 1990 at the City offices to solicit input from responsible agencies and interested parties. The objective of distributing the NOP and holding the Scoping meeting has been to identify and determine the full range and scope of environmental issues of concern so that these issues might be fully examined in the EIR. Comments received during the NOP process have been addressed in Section V.C, V.D, AND V.K. The E.A. and NOP distribution list and comments resulting from distribution are contained in Appendix A. 2. Format The format of this document is designed to be a combination Specific Plan and Environmental Impact Report. The Specific Plan portion of the document is encompassed in Section m and IV. The EIR portion of this document is encompassed in Section I, II, and V. Sections I and 1I cover the summary requirements of CEQA by providing a project description, Environmental Impact Report summary, and Environmental Impact Report Mitigation Monitoring Program. Due to the unavailability of a general plan from the recently incorporated City of Temecula, Section V follows the format of the Riverside County Comprehensive General Plan (General Plan) and its various elements. General Plan consistency is assessed utilizing the Riverside County General Plan Land Use Determination System. Land use appropriateness, General Plan land use consistency and community plan consistency is discussed under Sections V.A and V.C. Issues identified in the E.A., prepared by the County of Riverside and utilized by the City of Temecula, are discussed in Section V.C and V.D, of the document and are formatted under two I-1 elements of the Environmental Hazards and Resources and Public Facilities and Services. Under each issue, an analysis is performed to determine the amount and degree of impact associated with the project. For all significant negative impacts, mitigation are delineated to reduce the impact to a level of insignificance. Analysis of impacts and mitigation set forth are derived through technical reports and information which are submitted as an appendix to the document. In conjunction with this analysis, consistency with the General Plan is also determined through the relationship between project design and proposed mitigation and General Plan standards delineated for each issue. 3. Discretionary Actions and Approvals This EIR will be used by the following public agencies in connection with the following decisions: City of Temecula Planning Commission a. Recommendation to the City of Temecula City Council (the Council) as to EIR certification. b. Recommendation to the Council regarding adoption of the Specific Plan by resolution. c. Recommendation to the Council regarding approval of the change of zone to Specific Plan (SP). City of Temecula City Council a. EIR certification. b. Adoption by resolution of the Specific Plan. c. Approval of the change of zone to Specific Plan (SP). 4. Effects Found Not to be Significant The Environmental Assessment (E.A.) prepared by the County for the City, determined that certain environmental effects will not be significant and, therefore, are not discussed in an EIR level of detail. The effects found not to be significant as recognized by the County E.A. are wind erosion and blowsand, mineral resources, and airports. A brief discussion of these issues and why the effects are not considered to be significant is contained in Section V under the respective issues. I-2 II. SUMMARY A. PROJECT DESCRIPTION 1. Location and Site Description The Temecula Regional Center Specific Plan project site is comprised of 201.3+ acres and is located south and east of the Winchester Road & Ynez Road intersection, in the City of Temecula, California, within Riverside County. (See Figure lA, Regional Map, and Figure lB, Aerial Photograph, and Figure 2, Vicinity Map). Surrounding ongoing uses in the project area include residential, commercial, open space, school/park, and business park. a. Existing On-Site Land Uses and Zoning Designations The project site is characterized by generally flat (0-10%) alluvial plains with some moderate slopes along the south-eastern property boundary. These moderately steep slopes generally fall within the 10-25% slope category. Site drainage is to the southwest. The project site is located in an area designated as Land Use Category 1 (Heavy Urban) by the Riverside County Comprehensive General Plan. The existing zoning of the site is Rural Residential (R-R) for the northern two-thirds of the project and Heavy Agriculture (A-2-20) for the southern portion. The Southwest Area Plan (SWAP) designates this site as commercial. The Southwest Area Plan is intended to provide additional land use goals and policies that address the unique concerns and needs which exist in the SWAP area. The SWAP area is generally located north of the San Diego County line, east of Cleveland National Forest, south of Keller Road and west of the Riverside Extended Mountain Area Plan (REMAP) boundaries. The project site has most currently been used for dry land farming, and in the past once used as pasture. In surrounding areas, there are several foundations from raised buildings and an abandoned horse track associated with a previous ranch. b. Surrounding Land Uses The Temecula Regional Center site is bordered on the north by Winchester Road on the east by Margarita Road, on the west by Ynez Road, and generally on the south by Overland Drive. The Temecula Regional Center site is located in an area which supports several Specific Plans. To the northwest of the project site is the Winchester Hills Specific Plan (S.P 255), a 569 acre project which is currently being reviewed by the City for approval, combining residential, commercial, business park, school/park sites, greenbelt/paseos, and an extensive circulation network. Just north of Winchester Road, 24 acres of vacant land are currently under City review and consideration for a retail commercial center development project. Northeast of Temecula Regional Center lies the II-1 B. CEQA TOPICS LOCATION The table below provides a quick reference in locating the CEQA required sections within this document. CEQA TOPICS LOCATION TOPICS Environmental Procedures Effects Found Not to be Significant Environmental Impact Report Summary Interdisciplinary Summary Cumulative Impact Analysis Growth Inducement Alternatives to the Proposed Project Unavoidable Adverse Impacts 'Fhe Relationship Between Short-Term Uses of the Environment and Maintenance/ Enhancement of Long-Term Productivity Irreversible/Irretrievable Commitment of Energy Supplies and Other Resources Organizations, Persons and Documents Consulted LOCATION Section I, A, 1 Section I, A, 4 Section Il, B Section V, C & D Section V, H, 1 Section V, H, 4 Section V, H, 3 Section V, H, 2 Section V, H, 5 Section V, H, 6 Section V, H, 8 1-3 Lake Elsinore PROJECT SITE TEMECULA · To .e~ Lake .~,.eo~~ Skinner · MURRIETA REGIONAL MAP K.C.D.C. 27555 Ynez Road, Suite 202, Temecula, Ca. 92591 ~-2 TEMECULA REGIONAL CENTER FIGURE lA AERIAL PHOTOGRAPH TEMECULA REGIONAL CENTER K.C.D.C. 27555 Ynez Road, Suite 202, Temecula, Ca. 92591 II-3 FIGURE lB. 'VICINITY MAP TEMECULA K.C.D.C. ' 27555 Ynez Road, Suite 202, Temecula, Ca. 92591 FIGURE 2 Campos Verdes Specific Plan (S.P. 1). This 135-acre project is currently being reviewed by the City for a Change of Zone 5617. Upon approval, the Change of Zone will permit a range of residential densities as well as limited commercial and office uses. The Campos Verdes site exists as a large vacant area zoned Rural Residential (R-R) and Heavy Agriculture (A-2-20). Existing land use development in the area is limited with most of the nearby development occurring in the Ynez Road corridor. This development includes a mix of light manufacturing, auto sales and service, office and retail centers. 2. Land Use Plan The proposed Temecula Regional Center Specific Plan project development requests approval of Specific Plan No. 263, and Change of Zone No. 5589 from R-R and A-2-20 to "Specific Plan Zone". Approval of these development requests will establish the instruments for implementation of the comprehensive development proposal. The Temecula Regional Center Specific Plan combines retail, office, hotel, regional mall or retail commercial core, institutional, mixed use residential and business park uses with a road network in a comprehensive plan. The Temecula Regional Center will be a quality mixed-use commercial center, designed to reflect a mixed concept responding to urban trends in the Temecula and neighboring Rancho California areas. The Temecula Regional Center will be constructed in compliance with a site design that is consistent with applicable City of Temecula Ordinances, development standards and policies. The Specific Plan is designed to consider access links, compatible land use 'transitions with neighboring properties, views and landform relationships. As indicated on Figure 3, Specific Land Use Plan, a total of 201.3+ acres are proposed for development. 3. Pro,iect Ob, iectives It is the intent of the Temecula Regional Center Specific Plan to be unified in overall theme, but varied in individual character and to provide complimentary land uses. Specific objectives are as follows: Consider topographic, geologic, hydrologic and environmental opportunities and constraints to create a design that generally conforms to the character of the land by retaining and utilizing basic existing landform as much as possible. * Establish a development that results in logical coordinated growth. Provide backbone infrastructure systems and public facilities to support development in an efficient and timely manner. Reinforce the community identity of the project vicinity through control of project design elements such as architecture, landscaping, site planning, color, paving, walls, fencing, signage, and entry treatments and through a viable circulation network. II-5 * Provide commercial, office, business park, and institutional uses that will strive to accommo- date an appropriate share of the projected community and regional work force. Develop an environment that is visually attractive and efficiently and effectively organized, including a pleasing landscape palette. Maintain consistency with the City's/County's Noise Element by properly mitigating noise generating uses that exceed the maximum suggested dBa level. Respond to the rapidly growing office, retail, and shopping center market demand with a strong commercial and office program, including major regional shopping, highway, mixed use and community shopping areas, including potential hotel or restaurants to serve both the local and visitor population. Attract commercial uses that will serve community needs and the needs of the surrounding area while supplying an employment base for local residents of Temecula and Riverside County, conveniently located to minimize commuting distances. 4. Pro, iect Phasing The entire Temecula Regional Center is projected to be developed within an approximated ten-year period. Future area demographics and market trends would have significant influence on actual project development completion. Preliminary scheduling for the commercial core portion of the project calls for its completion within a five to seven year period. Specific plan phasing will guide the timing and sequencing of development in accordance with grading, infrastructure requirements and infrastructure availability. The thrust of the phasing program is to provide flexibility in order to deal effectively with dynamic market trends and conditions. In that development within each phase is infrastructure dependent, development within phases can occur concurrently or consecutively, providing adequate consideration for infrastructure has been given. II-6 III. SPECIFIC PLAN A. DEVELOPMENT PLANS AND STANDARDS PLANNING OBJECTIVES This Specific Land Use Plan is being prepared within the framework of a detailed and comprehen- sive multi-disciplinary planning program. In addition to considering issues such as engineering feasibility, market acceptance, economic viability, development phasing and local community goals, certain planning objectives were targeted to assure the environmental compatibility, aesthetic satisfaction and functional integrity of the Specific Plan as a whole. With these goals and objectives in mind, the Temecula Regional Center Specific Plan: Considers topographic, geologic and hydrologic environmental opportunities and constraints to create a design that generally conforms to the character of the land by retaining and utilizing basic existing landform as much as possible. Reflects anticipated marketing needs and public demand by providing a range of commercial mixed-uses which will be marketable within the developing economic profile of the Temecula area, as well as the County of Riverside generally. Provides a variety of commercial development, such as office, institutional, retail, and hotel uses along with an efficient pedestrian and automobile circulation network in a convenient and effigient manner. Provides direct access to future subdivisions via Interstate 15 and Winchester Road and provides planning provisions for a safe and efficient circulation system composed of a network of planned local roadways designed for appropriate traffic and user needs. Constructs all required on-site and off-site infrastructure improvements in order to provide a coordinated development schedule consistent with surrounding land uses and in accordance with requirements and needs of local utility and service districts. Creates a safe and attractive central community development, designed to enhance public interaction that will be an asset to the City of Temecula and the Rancho California community. Flood control improvements will be installed, and sound structural design practice and energy conservation measures will be encouraged. llI-1 B. EIR SUMMARY MATRIX The EIR Summary Matrix for the Temecula Regional Center has been incorporated into the Mitigation Monitoring Program for the project and may be found following the gMitigation Monitoring Program$ divider in this volume (i.e., Volume I). 11-7 1. Specific Land Use Plan a. Project Description Temecula Regional Center is envisioned as a high quality, commercial center, offering the convenience of retail, office, business park, institutional, mixed use residential and hotel uses, along with a well planned circulation system, pedestrian walkways to generate accessibility in a convenient and efficient manner. Through a strong cohesive design, the Temecula Regional Center will provide regional commercial opportunities to residents of the Temecula community. The Temecula Regional Center property will be identified and unified through design elements such as architecture, signage, landscaping, color, walls, fencing and entry treatments consistent with themes already established in the area. Variability of design will be allowed, so that individual development areas will be identifiable and compatible with the overall project and will be able to establish their own individual design character. The plan is illustrated in Figure 3, Specific Land Use Plan, and is summarized on Table I, Detailed Land Use Summary. For specific information regarding the Planning Areas, please refer to Section re.B, Planning Area Development Standards and Zoning Regulations. The proposed land uses within the Specific Plan include: RETAIL COMMERCIAL CORE: The Retail Commercial Core will add an additional 1,375,000 square feet of gross leasable floor area, and will become a significant landmark for Temecula and Riverside County. Due to future market trends, land uses within this document referring to "Retail Commercial Core", may possibly be developed as either a "Regional Mall", or as more traditional commercial "Power Centers". RETAIL-' Detached clusters of retail uses will comprise approximately 298,000 square feet of gross leasable floor area throughout the entire site. OFFICE/INSTITUTIONAL/BUSINESS PARK: Office, business park, and institutional uses will consist of approximately 810,000 square feet of gross leas able floor area. Institutional uses envisioned may include quasi-public agencies, local, state, or federal offices (i.e. postal service, economic development, social services, museum, library, etc.). RESIDENTIAL: Residential uses will be limited to Planning Area 1 only and shall be implemented as freestanding multi-family residential development and/or mixed use residential flats over office or commercial uses. HOTEL: The project proposes one or more hotels with a total of 375 rooms and possible conference facilities. 11I-2 TABLE I DETAILED LAND USE SUMMARY MIXED USE 1 .25-1.0 71.97 RETAIL COMMERCIAL CORE/SuPPORT RETAIL 2 .25-1.0 97.80 ROADS -- I -- 26.04 ROADS: Major roadways totaling 26.04+ acres will be implemented in conjunction with the proposed project. The Riverside County Master P1an of Streets and Highways, as utilized by the City of Temecula, will adequately serve traffic volumes for both the site and region. The project will ultimately be bordered to the east by Margarita Road, an Arterial roadway (110' R.O.W.), and to the north and west by Winchester and Ynez Roads, Urban Arterials (134' R.O.W.). Site traffic will be handled by a hierarchial roadway system consis[ing of Arterial, Major, Secondary, Collector and Local Roadways. Internal, on-site traffic will be handled by a flexible private roadway system designed to adequately handle the traffic created by the project. Loop Street "A", a special project roadway will provide interior traffic to higher traffic carrying Major and Arterial Roadways. (See Figures 4, 5A, and 5B, Master Circulation Plan and Roadway Cross-Sections.) Class li bicycle trails will be provided along Ynez Road, Margarita Road, and Winchester Road. WINCHESTER ROAD TRANSPORTATION CORRIDOR: A 25-foot-wide transportation corridor shall be provided adjacent to the Winchester Road right-of-way. This corridor is intended to provide undetermined future opportunities for transportation uses including Light Rail Transit (LRT), bus- only lanes and High Occupancy Vehicle (HOV) lanes. If this corridor is not developed with transportation uses, then it shall be preserved along with 12 feet within the Winchester Road fight- I Range of allowable level of development for individual planning areas within the Specific Plan area. IH-4 b. Land Use Development Standards In order to ensure orderly and sensitive development, the specific land uses described above will require infrastructure, public services, and facilities and special techniques or mitigation in each Planning Area to accommodate the uses proposed and provide adequate transportation to neighboring uses. Project-wide development standards have been prepared to manage implementa- tion of general or unique conditions in each Planning Area. General standards are listed below. For specific Planning Area standards, see Section m.B. 1) The total Specific Plan shall be developed on 201.3+ acres, as illustrated on Figure 3, Specific Land Use Plan. Generally, the uses permitted shall include retail commercial, office, business park, institutional, mixed use, and multi-family residential dev, elopment. 2) Uses and development standards shall be in accordance with the zoning regulations established for this Specific Plan as well as the Planning Area Development Standards, Sec. BI.B, and shall be defined by Specific Plan objectives, future detailed tract maps, development plans and potential conditional use permits as appropriate. 3) The development of the property shall be in accordance with the mandatory requirements of all Temecula City Ordinances and state laws and shall conform substantially with approved Specific Plan No. 263 as filed in the office of the City of Temecula Planning Department, unless otherwise amended. 4) Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain clearance form the City of Temecula Planning Department that all pertinent conditions of approval have been satisfied implementing cases of the Specific Plan for the phase of development in question. 5) An environmental assessment shall be conducted for each tract, development plan, Specific Plan Amendments or any other discretionary permit required to implement the Specific Plan. At a minimum, the environmental assessment shall utilize the evaluation of impacts addressed in the EIR prepared for this Specific Plan. 6) Parcels created pursuant to this Specific Plan and tentative maps shall be in conformance with the development standards of the "SP" zone applied to the property through implementation of this Specific Plan. 7) A City change of zone application, which would constitute a Specific Plan Amendment, may be required, as determined by the Planning Department with a subsequent development application if the proposed use varies substantially from the use(s) provided for by the zoning standards established by this Specific Plan. 8) Design features such as special architectural treatment, perimeter and interior landscaping, should encourage public gathering places, plazas, sitting areas and areas for public art and 11I-6 9) 11) 12) 13) water elements, and buffering of parking lot/loading zone areas will be incorporated into project design to minimize any potential conflict between business park/office/institut- ional/commercial uses. Passive solar heating techniques will be employed wherever possible within the project. Passive solar systems do not utilize sophisticated hardware. Passive systems involve orienting buildings properly, adequate insulation, and simple heat storage systems, including such elements as dual-paned windows. Roadways, infrastructure, flood control improvements areas and other public facilities features may be coordinated by and paid for through an assessment or community services district or area to facilitate construction, maintenance and man, agement. Final development intensities for each Plan. ning Area shall be determined through the appropriate development application up to the maximum intensity identified based upon, but not limited to the following: a) Adequate availability of service; b) Adequate access and circulation; c) Sensitivity to landforms; d) Innovation in building types, design, conservation or opportunities, and e) Sensitivity to design through appropriate parcel and street layouts. Prior to the issuance of building permits, improvement plans for developed common open space areas, including construction, planting and irrigation plans, shall be submitted for Planning Department approval for the stage of development in question. These landscape improvement plans shall be prepared and reviewed for substantial conformance by a licensed Landscape Amhitect. For the security and safety of future users the applicant and/or developer shall incorporate the following design concepts into site plans for individual planning area: a) Circulation for pedestrians, vehicles, and police patrols; b) Lighting of streets, walkways, and commercial areas; c) Visibility of plazas, building entrances, pedestrian walkways and windows from the street and between buildings; and d) Fencing heights and materials including landscaping that serve security needs. 15) 16) Comrnon areas identified in the Specific Plan may be owned and maintained by permanent master maintenance organizations, to assume ownership and maintenance responsibilities for all common areas, circulation systems, and landscaped areas. The organizations may be public or private. The maintenance organizations if established, shall be established prior to or concurrent with recordation of the first land division, or issuance of any occupancy permits for any approved development permit. Maintenance associations, if formed, will be established as follows: The master commercial property owners' association (sometimes known as Reciprocal Easement Agreement) shall be charged with the unqualified fight to assess their own individual owners who own individual parcels for reasonable Ilaaintenance and management costs which shall be established and continuously maintained. The property owner's associa- tion shall be responsible for private roads, parking, open space areas, signing, landscaping, irrigation, common areas and other responsibilities as necessary. Mitigation measures for environmental msoumes (paleontology and biology studies, etc.) shall be implemented as identified in the Environmental Impact Report, in applicable Planning Areas. Specific Plan 263 is located within thirty (30) miles of Mount Palomar 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 laminar. 111-8 2. Circulation Plan a. Plan Description Figure 4, Circulation Plan, illustrates the project roadway concept, based on the City of Temecula Master Plan of Highways, input from the City Public Works Department and the project Traffic Analysis (including subsequent Addenda) prepared by Wilbur Smith & Associates (see Section VI.F., Technical Appendices). The main objective of the Circulation plan is to provide direct and convenient access to individual planning areas through a safe and efficient network of roads~' including Arterial, Secondary, Collector and Local Roadways. Typical roadway cross-sections are shown on Figures 5A and 5B. The project Traffic Analysis estimates that 64,850 vehicle trips per 'day will be generated by the project (Please refer to Section V.D.). b. Circulation Plan Development Standards 1) The proposed project includes an efficient and safe circulation design that will accommodate traffic from land uses as well as public safety, security and public transportation needs. The Master Circulation Plan outlined in the project Traffic Analysis (see Section VI.F. Technical Appendices) will serve as the composite Circulation Plan for the Temecula Regional Center Specific Plan. All on-site roadway improvements illustrated will be phased in accordance with this plan. 2) Major roadways should be implemented as non-access roadways, with smaller collector streets serving the commercial clusters. Provisions will be made for a safe and efficient urban trail and sidewalk network, providin~ pedestrian and bicycle cimulation in conjunction with the roadway network. A sidewalk system will be developed along Winchester Road, Margarita Road, Ynez Road Overland Drive and along Collector Streets. Pedestrian traffic should be separated from vehicular traffic. The pedestrian sidewalk network within each planning area shall provide easy access, and convenience, linking commemial nodes and public gathering places. 4) The subdivision shall comply with the street improvement recommendations/mitigation outline in the project Traffic Analysis (See Section V.D). 5) Specific roads (shown in Figure 4) will be constructed as: Urban Arterial (134' ROW) - Winchester Road, Ynez Road Arterials (110' ROW) - Margarita Road Major Road (100' ROW) - Overland Drive 6) 7) 8) 9) 10) 11) 13) The Temecula Regional Center project shall be required to provide for internal cimulation within and through the project site. This may be accomplished by implementing either one of the following cimulation options, or a combination of certain aspects of both options. Regardless of which circulation design concept is applied, primary circulation aisles should be designed with a high degree of access control to reduce vehicle conflicts and maintain positive flow characteristics. Parking shall also be restricted along primary circulation aisles. a) Perimeter Ring Road Option. This circulation option is commonly used for traditional regional mall layouts and provides an on-site access restricted circular' road near the outer perimeter of the project site. The ring road, which generally surrounds the mall core and adjacent parking areas, distributes traffic to and from principal access points on the site rather than along the arterial streets. b) Radial Road Option. This circulation option provides for on-site traffic distribution within large commercial centers where a traditional mall-type core does not exist (e.g., Promotional Centers, Power Centers, etc.). In this option, a radial network of on-site roads distribute traffic to a number of smaller clusters of commercial nodes. Landscaping requirements will be determined based on street width. (See Figures 14 through 21, which depict various roadway landscape requirements.) Major roadway improvements may be managed through an assessment district or similar financing mechanisms. Class II bike lanes will be provided per City standards on Winchester, Margarita, and Ynez Roads. All roads shall be constructed to City standards, as a requirement of the implementin~ subdivisions for the Specific Plan, subject to approval by the City Public Works Department. The project shall comply with the conditions and requirements set forth by the City Public Works Department. Upon preparation and submittal of detailed site plans, tract maps or intemai circulation plans, it may be necessary and/or desirable to make minor modifications to access driveway locations, and specific operational characteristics (e.g., restricted movements) at potential access driveways. Such design issues would have to be reevaluated based on more detailed development plan and prevailing traffic conditions. Minor deviation from anticipated roadway characteristics within this Specific Plan will not require an amendment of this plan, and are encouraged to provide the most safe and efficient circulation solution. This Specific Plan proposes five crossings through the Winchester Road transportation corridor. Two of these crossings would be located at major intersections. The remaining m-il three minor crossings would provide right-turn-only access into Planning Areas 1 and 2 (see Figure 4, Circulation Plan). This proposal does not comply with the current Memorandum of Understanding (MOU) between the City of Temecula and Caltrans as to the location and spacing of minor access points along Winchester Road. However, the MOU did not necessarily consider a complete range of mitigating access design solutions; therefore, all minor roadway crossings and minor access points across the Winchester Road transportation corridor proposed for the Temecula Regional Center must be approved by both Caltrans and the City of Temecula before being implemented. 14) Bus turnouts will be provided at appropriate locations within the Temecula Regional Center subject to approval by the City of Temecula and, if necessary, the Riverside Transit Agency (RTA). These turnouts shall be constructed to City standards, provision of bus turnouts will change the location of the street curb face. This will decrease the landscape width at bus turnout locations within the Landscape Development Zones (LDZ's) proposed in this Specific Plan (see Section IV. for Specific Design Guidelines). No increase in LDZ width shall be required at bus turnouts. 111-12 / 134' URBAN- ARTERIAL ~(Winchester Road) :~.'::':="1~._~ _.-... ....... : ...... :..... ..... .~. .......:....:.%._~-~, .............,~ ...= ... =.. ..... £!:.. :'.':,:;:~...:- ,. :., ;T:-'_.~.", ·: .:-..' .*,' ::' :.'.'...': .'*:' :..'.'. ..... ""' ":.~::...7:..:.-...:.'.'. ..... :7.:.. '.~ ~.'.'.o' .:,.::,..:-:.:-.::.'.,.~.~..: · 12''~ 46' '~' 10' ~' 46' 'al' 12' 134' URBAN -"ARTERIAL (Ynez Road) R OA D WA Y CROSS. SECTIONS TEMECULA REGIONAL CE1WCER K.C.D.C. 27555 Ynez Road, Suite 202, Temecula, Ca. 92591 I]I-13 FIGURE 5A 110' ARTERIAL' (Margarita Road) 100' . .MAJOR (Overland Drive) ROADWAY CROSS SECTIONS K.C.D.C. 27555 Ynez Road, Suite 202, Temecula, Ca. 92591 111-14 TEMECULA REGIONAL CENTER FIGURE 5B 3. Drainage Plan a. Plan Description This site is within the boundaries of the Riverside County Flood Control and Water Conservation District's Murrieta Creek Area Drainage Plan. Assessment District 161 has planned improvements for the Santa Gertrudis Creek Channel. The first phase of these improvements has been completed. The proposed Drainage Plan in Figure 6, utilizes the project streets, parking lots and storm drains to conduct storm water. A storm drain system is proposed to carry storm water that exceeds the streev- capacity. The actual size and location of the drainage system will be determined at the tract map stage of development per the requirements of the Riverside County Flood Control District. No diversion of drainage is contemplated. The pipe sizes noted on the Drainage Plan are based upon the hydrologic analysis and are preliminary. b. Drainage Plan Development Standards 1) Drainage and flood control facilities and improvements including necessary channelizations shall be provided in accordance with Riverside County's Flood Control and Water Conservation District and City Public Works requirements., 2) It is anticipated that major backbone drainage/flood control facilities will be maintained by the County Flood Control District. 3) Based upon the F.E.M.A. maps dated May 1, 1984, the 100-year floodplain extends southward from Santa Gertrudis Creek to, and in some areas south, of Winchester Road. Upon completion of the AD-161 improvements to the Santa Gertrudis Creek, the City shah request that the F.E.M.A. maps be modified to remove these areas from the floodplain. 4) All drainage facilities for this project shall conform to the requirements and standards of the Riverside County Flood Control and Water Conservation District. 5) The project developer shall pay drainage fees in accordance with the Murrieta Creek Drainage Plan. 6) Erosion control measures shall be implemented during construction in order to prevent exposed soils from erosion during periods of heavy rainfall. Soil on graded slopes shall be strengthened by planting to reduce the potential of erosion. During the interim period before the ground cover takes hold, straw, wood chips and plastic (visqueen) can be used as stabilizing agents. HI-15 d 4. Water and Sewer Plans a. Water and Sewer Plan Description The Temecula Regional Center Specific Plan area is located within the Rancho Califomia Water District (RCWD) water service area. RCWD has indicated that adequate water service can be provided for the proposed project with the existing facilities (wells and storage tanks) and the extension/addition of water mains. The proposed regional water distribution and storage system improvements for the project area are shown on Figure 7, Water Plan. The plan for providing water service to the area is based on RCWD's existing facilities and is compatible with future upgrades/extensions. Figure 7 shows proposed water distribution lines for the project. Eastern Municipal Water District is in the process of Master Planning a District-wide reclaimed water system, although no reclaimed water lines or facilities currently are available in the project area. EMWD will 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 certain types of irrigation. The Temecula Regional Center Specific Plan area is located within the Eastem Municipal Water District 0EMWD) which is the governing agency with regard to the sewer services. EMWI) has indicated that adequate sewer service can be provided for the proposed project with the existing sewer lines and extension of the sewer facilities. Sewage generated from the Temecula Regional Center Specific Plan area will be treated at the EMWD Temecula Valley Regional Water Reclamation Facility. The treatment plant currently has a capacity of 3.4 million gallons per day (Mgd) with an expansion to 4.2 Mgd currently under construction. The plant is in the planning stages to expand to 6.5 Mgd. The proposed regional wastewater collection facilities which will serve the project area are shown on Figure 8, Sewer Plan. The proposed facilities are in accord with current EMWD master planning. Proposed on-site facilities are also shown on Figure 8. Per the EMWD design guide, the average sewage generated for commercial developments is 3,000 gallons per day per gross acre, with a peaking factor of 2.0. This project will be served by the existing 15" sewers in Winchester Road and Ynez Road, and new 10" sewers in Margarita Road. New 10" and 15" sewer lines will be installed in Overland Drive and other new sewer lines will be installed on the site in the approximate locations shown on Figure 8. III-17 1) 2) 3) 4) 5) 6) Water and Sewer Plan Development Standards All water and sewer lines shall be placed underground. All lines will be designed per the Eastern Municipal Water District's and Rancho California Water District's requirements. The infrastructural system will be installed to the requirements of the Eastern Municipal Water District and Rancho California Water District. '= ~ Water and sewerage disposal facilities shall be installed in accordance with the requirements and specifications of the Riverside County Health Department,. The project will comply with EMWD requirements for installment of on-site reclaimed water lines, as required. Please refer to Sec. V.D.2, Public Facilities and Services, of EIR No. 340, for related issues and mitigation. IlI-20 5. Grading Plan a. Grading Plan Description The Temecula Regional Center Grading Plan, as shown on Figure 9, reflects the conceptual approach to be utilized as a basis for Tract Map development. It is intended that the proposed site slope from the northeast to the southwest to facilitate drainage flows to the double 7'x5' reinforced concrete box (see Figure 9, Grading Concept). According to NBS[Lowry, the project civil engineer, the project site design will utilize as much as 1.6 million cubic yards of import from the adjacent development project to the east, referred to in this document as Campos Verdes. This figure may vary significant, ly as final grading plans are developed based on land use. The Grading Concept establishes a basis for appropriate treatment of drainage requirements and accommodates a street system that meets City of Temecula standards for acceptable grades. b. Grading Plan Development Standards 1) All grading activities shall be in substantial conformance with the overall Grading Concept plan (Figure 9), and shall implement any grading-related mitigation measures outlined in: Seismic Safety (Sec. V.C. 1.), Slopes and Erosion (Sec. V.C.2.) and Preliminary Geotechnical Investigations (Sec. VI.B.). 2) Prior to any development within any area of the Specific Plan, an overall Conceptual Grading Plan for the portion in process shall be submitted for Planning Department approval. The Grading Plan for each area shall be used as a guideline for subsequent detailed grading plans for individual stages of development within that area, and shall include: Techniques employed to prevent erosion and sedimentation during and after the grading process'; approximate time frames for grading; identification of areas which may be graded during higher probability rain months (January through March), and preliminary pad and roadway elevations. 3) All streets shall have a gradient not to exceed 15%. 4) Slopes exceeding five feet (5') in vertical height shall be hydromulched, prior to final acceptance and prior to the beginning of the rainy season (October - March). 5) Prior to initial grading activities, a soils report and geotechnical study shall be performed that further analyze on-site soil conditions and include appropriate measures to control erosion and dust. (See Preliminary Geotechnical Investigations, Section VI.B.). Ill-21 6) Where cut and fill slopes are created higher than three feet (3'), detailed landscaping and irrigation plans shall be submitted to the Planning Department when grading plans are submitted for approval. The plans shall be reviewed for type and density of ground cover, shrubs and trees. 7) Graded slopes shall be oriented to minimize visual impacts to surrounding areas. 8) The overall shape, height and grade of any cut and fill slope shall be developed in concert with the existing natural contours and scale of the natural terrain of a particular site. '~" 9) Potential brow ditches, terrace drains or other minor swales, determined necessary at future stages of project review, shall be lined with concrete. 10) Graded, but undeveloped land shall be maintained weed-free and planted with interim landscaping within 90 days of completion of grading, unless building pen-nits are obtained. Cut and fill slopes shall be constructed at inclinations of not steeper than two (2) horizontal feet to one (1) vertical foot unless otherwise approved by the City. 12) Grading shall not be permitted prior to approval of grading permits for the development area in question. ~3) If any historic or prehistoric remains are discovered during grading, a qualified archaeologist should be consulted to ascertain their significance. 14) Prior to any on-site grading, artifacts occurring at site (Sec. V.C. 15., Archaeology of EIR) should be collected. III-23 6. Landscaping Plan a. Plan Description As illustrated on Figure 10, Landscape Plan, project landscaping will play an important role in maintaining project design themes, while emphasizing community continuity. It should be noted that this Section, Landscaping Plan, is general in scope and detail. Furthermore, detailed landscaping concepts and plans are included within the Design Guidelines portion of thi's" text (Section IV.E, Landscape Guidelines). Entry monumentation will provide initial definition for the site,, and will be viewed when approaching the site from Winchester Road, Margarita Road, Ynez Road, and Overland Drive. Once within the site, entry monumentation will continue to be present at all key intersections. That monumentation will be developed in a hierar~:hical format consisting of Regional Center Monuments, Major Entry Monuments, Minor Entry Monuments, Commercial Core Entry Monuments and Secondary Office/Hotel Entry Monuments which will provide initial identification for each commercial planning area. Landscaping within the project site itself will articulate community design elements. Individual commercial areas of development enclaves will also be distinguished by varied planting themes. Special treatments, including land use transition areas, will be provided between certain planning areas identified in Planning Area Development Standards (Section III.B0. Landscaping will be used to identify the hierarchy of the street system, from major access roads to interior streets, creating definite landscaped corridors. This is accomplished by careful consideration of the relationship between street and plant materials characteristics, such as size, form, texture and color. Specific arrangement of plant materials creates a definite feeling of character which reinforces this identity. (See Figures 14 through 21.) Plant materials utilized along the roadways have been chosen to enhance the image of the area as a whole. The species chosen, as identified in Landscape Guidelines & Planting Guidelines (Section IV.E.), will adapt well to dry environments. b. Landscaping Plan Development Standards 1) All detailed landscaping programs for planning areas and roadways will be prepared by a qualified landscape architect for review by City staff as part of the development plan review process. 2) Project entry statements have been designed with landscaping and architectural treatments that project a high quality image for the Regional Center development. III-24 NOTE: A 25-foot-wide Transportation Con'idor will be provided adjacent to the Winchester Road right-of-way. Circled numbers reference Figure numbers where treatment occurs. 2 LANDSCAPING PLAN TEMECULA REGIONAL CENTER 27555 Ynez Road, Suite 202, Temecula, Ca~ 92591 III-25 FIGURE 10 3) 4) 5) 6) 7) 8) 9) Special treatment areas will be designed to provide definition to certain Planning Areas as identified in Section IV.E. Major entrance roads into the Temecula Regional Center Specific Plan area will have planted medians and landscaped shoulders to define the project's design concept. The introductory landscape theme will include elements such as tree clustering to reinforce the project theme and character. Planted raised medians (according to Ordinance 461 Standard No. 113) may be establishtd'- within any roadway right-of-way as long as access and safety criteria can be met. Developments surrounded by walls or fences extending more, than 100 feet along a public thoroughfare shall screen those walls or fences with appropriate plantings. Fencing and wall design will be closely controlled and will be complemented with landscaping. The landscaping design for the site will include trees, berms, shrubs, turf and ground cover compatible with natural vegetation on-site, where feasible. Prior to issuance of building permits, improvement plans for the respective landscaped areas or plans to mitigate an environmental impact for that stage of development shall be submitted to the City Planning Department and the TCSD for approval. The improvement plans shall include, but will not be limited to, the following: Final grading plan. Irrigation plans. A landscaping plan with seed mixes for mulching and staking methods; locations, type, size and quantity of plantings. A hardscaping plan with location and type and quantity of potential recreational amenities/facilities (in medium, medium-high density areas). Fence treatment plans. Special treatment/buffer area treatment plans. At the time of recordation of any final parcel map which contains common greenbelt or open space areas, the Parcel Map shall have those common areas conveyed to the master property owners association or appropriate private maintenance entity (either in fee title or as an easement). The applicant and/or developer shall be responsible for maintenance and upkeep of all slope planting, common landscaped areas and irrigation systems until such time as these operations are the responsibility of other parties. III-26 If the 25-foot-wide Winchester Road transportation corridor is not developed with transportation uses, then the entire 37-foot-wide area extending from the curb of Winchester Road to the outer edge of the transportation comdor right-of-way shall be developed as a Landscape Development Zone (LDZ). The LDZ shall be privately maintained. 111-27 7. Project Phasing Plans a. Project Phasing Plan Description The Temecula Regional Center will be phased over a 10-year period or longer, in response to market demands, according to a logical and orderly extension of roadways, public utilities and infrastructure. (See Figure 11, Conceptual Phasing Plan, and Table Il, Development Phasing.) Due to changing market demands and evolving economic development strategies, this phasing plan' is developed only as a guideline for City review and monitoring. Future market demands may appropriately dictate varying approaches to phasing, which shall be reviewed by the City for consistency with overall City and Specific Plan goals for a logical extension of development in the area. b. Project Phasing Standards 1) Prior to issuance of building permits, improvement plans for the respective landscaped areas, or plans to mitigate an environmental impact for that stage of development, shall be submitted to the City Planning Department for approval. The improvement plans shall include, but are not limited to the following: Final grading plan. Irrigation plans. A landscaping plan with seed mixes for mulching and staking methods, locations, type, size and quantity of plantings. Fence~eatment plans. Special treatment/buffer area treatment plans. 2) The phasing sequence shown is conceptual, based on current market demand. Certain planning areas may be developed out of the expected sequence, as long as the required infrastructure and services are provided at the time of development. in-28 TABLE II DEVELOPMENT PHASING I Commercial Core/Shopping Re- I 2 tail I .25-1.0 97.80 ~Mixed Use I gl ] ?.0'25-1!.0'0 71.97 5/19 Range of allowable level of development for individual planning areas. These dates reflect estimated construction commencement but may vary significantly. Roads will be phased incrementally as necessary to adequately serve the project. m-29 8. Maintenance Plan Successful operation of maintenance districts and associations are important in maintaining quality in the project area. It is anticipated that maintenance responsibilities for common project facilities in the Temecula Regional Center will be conducted by a Master Business Park Association or similar entity. This decision regarding maintenance assessment will be made at a futura stage of project design and review in concert with City agencies. a. Master Regional Center Association All common areas identified in the Specific Plan shall be owned and maintained by a permanent private master business park association which shall assume qwnership and maintenance responsibility for all internal circulation systems and landscaped areas. b. Project Roadways All public roadways within the Temecula Regional Center will be designed and constructed to standards acceptable to the City of Temecula and will therefore be entered into the City system of roadways for operation and maintenance. III-31 B. PLANNING AREA DEVELOPMENT STANDARDS Development standards and zoning regulations for the Temecula Regional Center have been established at three levels: General Development Provisions, which were addressed in Sec. ]]~; Design Guidelines, provided in Sec. IV; and Planning Area Development Standards to which this section is devoted. Planning Areas were selected on the basis of logical, separate units of development. Criteria considered in this process included uniformity of use as it pertains to zoning and relationship to:' adjoining development and surrounding topography. The Planning Area graphics for this section (Figures 12A-E) were derived from the Landscape Plan (see Figure 10). Although development may conform closely to some elements of the illustrative plans provided in Section IV, it is anticipated that actual site planning will not be determined until the Tract Map stage or Development Plan stage. The Specific Plan Zoning Ordinance is contained in Section m.c of this Specific Plan document. The zoning provisions within the Ordinance establish use restrictions for each Planning Area. The zoning provisions should be used in conjunction with the planning standards for each respective Planning Area. Prior to approval of any Development Plan within a Planning Area, a Design Manual for the Planning Area or Sub-Area shall be submitted. The Design Manual shall be processed with a Development Plan and approved at public hearing by the Planning Commission. As a minimum, the Design Manual shall contain all of the design criteria normally required to be submitted in conjunction with Development Plan Review and shall consider and integrate the design elements listed for each Planning Area. 111-32 1. Planning Area 1 a. Descriptive Summary Planning Area 1, as depicted in Figure 12A, consists of 71.97 gross acres, devoted primarily to mixed uses including retail, office, hotel, institutional, and residential uses. The commercial, office, and institutional development within this planning area will serve the needs of area residents, while maintaining compatibility with a residential environment. A maximum of 300 multi-family dwelling units shall be permitted in Planning Area 1. These dwellings may either be constructed as free~" standing structures or integrated into the same building with office and commercial uses. 1) Mixture of Uses It is the intent of the mixed use development in Planning Area 1 of the Temecula Regional Center to allow for a mixture of commercial/office/institutional and residential uses. The mixed use development is designed to encourage active street frontages and a comfortable, human-scaled environment that creates a fully functioning shopping street complex (i.e., a "Main Street"). This Main Street will be integrated into the overall mixed use development in Planning Area 1 and will be connected by both streets and pedestrian walkways to the planned retail development in Planning Area 2. The Main Street will be an easy and quick walk away from offices and residences in the Temecula Regional Center, allowing both workers and residents to take advantage of the convenient, locally available shopping opportunities. A conceptual illustrative site plan depicting the Main Street concept in Planning Area i is shown in Figure 12B. A detailed view of the Main Street is illustrated in Figure 12C. While retail development may be the primary land use in Planning Area 1, it is envisioned that this planning area will also include additional employment opportunities such as office~ and personal service shops and businesses. Institutional and hotel uses may be integrated physically into mixed use structures or constructed as separate buildings. Residential uses may be integrated into the same structure as non-residential uses. Residential uses and entries should constitute not more than 30% of the ground floor of any of these buildings. In areas which do not directly face onto the shopping street(s), freestanding residential buildings may be constructed. It is also anticipated that some free- standing residential structures will also be erected in Planning Area 1. III-33 ~z<o uJ plaza focal point MAIN STREET CONCEPT (DETAIL) K.C.D.C. 27555 Ynez Road, Suite 202, Temecula, Ca. 92591 storefront areas pedestrian orientation TEMECULA REGIONAL CENTER FIGURE 12C I~-36 pl~za focal poim MA~N STREET CONCEPT (DETAIL) K.C.D.C. 27555 Ynez Road, Suite 202, Temecula, Ca. 92591 1II-36 storefront areas pedeslrian orientation TEMECULA REGIONAL CENTER FIGURE 12C In planning for mixed use development, consideration shall be given to joint use of parking, common areas, landscaping, specific types of uses, housing types and sizes of units, and overall architectural design. 111-37 Planning Area 1 development is proposed as a logical extension of the central com- mercial corn activity in Planning Area 2, and a transition between Planning Area 2 and the adjacent residential property to the east. Institutional uses to be encouraged within Planning Area 1 include local, state or federal level services (i.e., postal ser- vice, economic development, social ser- vice, library, museum, etc.), if there is a need or demand for such uses. Pedestrian connection to adjacent Temecula Regional Center uses and D 2) Building Scale and Planning Area Design Development in Planning Area 1 should not resemble a typical suburban shopping center or strip commercial plaza. The retail and office uses in Planning Area 1 may be arranged in a "U"-shaped configu- ration around a public green similar to traditional public greens, or in a linear fashion to form a "Main Street" with shops and offices oriented directly onto the street. Internal roadway circulation (which may be implemented by a perimeter ring road or other similar roadway configuration) will be provided around the Main Street area to facilitate traffic flow in and through Planning Area 1. The internal roadway system will distribute traffic to and from principal access points on the site ~ 4 - lane capacity (typ.) m-38 rather than on nearby arterial streets. This ring road may also connect Planning Area 1 with Planning Area 2. Limited on-street parking may be provided on portions of the internal roadway system, but in areas where the roadways cross parking areas, no on-street parking shall be allowed. The primary internal access roadway system will most likely be four lanes in width. The Main Street, on the other hand, will be limited to two through lanes (one in each direction) in order to foster a pedestrian scale. Individual buildings within Planning Area 1 may range in height up to 120 feet, provided that building setbacks and configurations for all structures in excess of 50 feet in height shall be determined by the City during Development Plan Review to en,sure that adequate light access and air is available to adjacent structures. Typically, buildings should maintain a pedestrian scale adjacent to the shopping street. For example, the portion(s) of a building that abuts a public street may be two or three stories in height. Additional building stories could progressively step back as the building height and number of stories increases. Not only will such architectural design permit light and air access to surrounding areas and ensure a pedestrian scale near ground level, but the massiveness of the building will be substantially reduced. Separate building entrances shall be required for commercial/office/institutional and residential uses when occupying the same structure; provided that this provision does not preclude internal connections between residential and non-residential uses. 3) Intensification In order for the concept of a "Main Street" to truly function, development of a certain density and intensity is necessary. Greater intensification of land use in this planning area provider the opportunity for innovative architectural design and landscaping. The higher concentra- tions of people will also increase the feasibility of mass transit to serve the site. Residential uses will be limited to free-standing buildings containing single family attached or multi-family homes or vertically integrated buildings containing residential units over office and/or commercial uses. Because of the increased residential density in this area, it is important that recreational amenities be provided for residents. Freestanding residential structures, in particular, should contain recreational facilities such as spas, swimming pools, basketball courts, and weight rooms. These facilities may be provided within buildings or, if provided outside, may be arranged in interior courtyards or in walled-in enclosures in interior parking lots. Special consideration should be given to locating facilities with respect to the noise, activity, and light that they will generate. 111-39 freestanding multi-family · with internalized parking commercial/offieef~nstitufional uses (typ) with optional residential on upper story 4) Parking Design Limited on-street parking may be provided in Planning Area 1, particularly along the "Main Street." On-street parking spaces are intended for people running errands and are "short- term" spaces. These spaces may be metered to discourage people from parking in them for longer than an hour or two. Parking lots should be placed in the interior of individual parcels so that the appearance of the development from the street is of buildings and plazas, not 111-40 5) 6) parking lots (see Figure 12B). These interior parking lots are intended for "long term" parking. The parking facilities should not be the dominant visual image of the project. Vast expanses of paving for parking, without the visual relief of landscaping, are highly discouraged. Joint- parking arrangements between commercial, office, and institutional uses are encouraged to minimize the number of parking spaces required to serve the development and avoid proliferation of parking lots. In addition, completely separate parking areas should be provided for residences. ~ Incentives for Innovative Design Up to 300 multi-family dwellings can be erected in this planning area to provide housing opportunities for employees of the various businesses within the Temecula Regional Center Specific Plan. Conversely, the planned commercial uses will enable project residents to do their shopping by foot. The mixture of residential and non-residential land uses are designed to decrease the traffic generated by project development. The pedestrian scale of the project will be enhanced by plazas, courtyards, sidewalk cafes, public mini-parks, pedestrian easements, and overall project landscaping. Pedestrian linkages will be provided between uses within Planning Area 1 and between Planning Area 1 and the larger retail uses in Planning Area 2. Retail and service commercial uses could predominate on the first floor of the buildings, with offices and/or residential uses concentrated on the upper floors or behind the commercial uses. Vertically-integrated buildings offer the opportunity to provide affordable housing. Pedestrian-Oriented Design The small size of Planning Area 1 will encourage pedestrian movement between uses, while de-emphasizing automobile use. Retail uses are encouraged on street level to provided streetscape contiguity and visual interest for pedestrians. Continuous expanses of blank walls or sharp unbroken vertical surfaces create an uncomfortable atmosphere for the pedestrian. The mixed use area should incorporate the following elements of good pedestrian-oriented design: Pedestrian Circulation: Link interior parking areas and lots to city streets, city-wide open spaces (e.g., plazas, mini-parks, pedestrian malls, etc.) and the City's trail system to facilitate travel by walking, biking, or other non-motorized means. Building Facades: The design of building facades, particularly those facades that face public streets, should be architecturally interesting and in scale with the pedestrian. Storefront windows are encouraged in retail shops and, in most cases, should begin within 18" to 24" of the pavement. Typically, storefront windows help m-41 7) to entice customers into stores, stimulate visual interest, create "defensible space" by enhancing public views of store interiors and streets, and establish a predictable rhythm for passers-by. The scale and width of each storefront should be limited to establish an intimate scale that is more conducive to the pedestrian and cyclist than to the automobile. In general, storefront widths should relate to a human scale. Where storefronts must be large to accommodate specific uses, the building facades could be articulated with windows, insets, pillars, columns, arcades or other decorative architectural features to maintain the overall intimacy of the shopping street. Signage: A coordinated signage plan for development can facilitate pedestrian and vehicular movement throughout the planning area, without "visually assaulting" the senses. Signage should be designed at a scale that i$ not overpowering from the pedestrian's perspective. For example, small signs with a unique texture, shape, or interesting features can be more effective than large, massive, or glaring signs. This Temecula Regional Center Zoning Ordinance contains comprehensive signage criteria for uses within Planning Area 1 (see Section III.C.1. in this Specific Plan). Streetscape Design: To encourage human activity and movement, streets should be designed with the pedestrian in mind. Continuity in landscape design, placement of street furniture, sitting areas, covered arcades for shelter against the sun and inclement weather, lighting, and paving patterns all contribute to creating a rich, functional, and aesthetically pleasing environment for pedestrians. Pedestrian Plazas: All areas of Planning Area 1, and the Main Street in particular, should be designed with pedestrian gathering spots and should include plazas and pocket parks for resting, eating, conversing, and people watching. Pedestrian plazas that are effectively placed within retail and office districts can be pleasant spaces for resting or having lunch between shopping trips or errands. Placement of pedestrian plazas must be carefully planned to assure their most effective use. For this reason, consideration must be given to the location of plazas relative to the pedestrian circulation patterns, sunlight conditions, wind patterns, and the selection of building and landscape materials. Organization of Activities: The most important element in creating viable pedestrian spaces has little to do with the actual physical design of the space; if a space is to be conducive to pedestrian activity, there must be opportunities for pedestrian events and activities. Therefore, efforts to planning and organizing festivals, events, special sidewalk sales, entertainment, and cultural displays should be made to help create desired pedestrian activity. Private marketing efforts should be encouraged to promote these types of community events. Signage III-42 This Specific Plan includes a comprehensive signage program for the mixed use develop- ment. The program includes retail commercial entry monumentation, building identification signage, marquee signage, and directional signage. Although the signage criteria contained in the Zoning Ordinance in this Specific Plan includes maximum permitted sign sizes, the individual sign that identifies a given use should be consistent with the scale and mass of the building on which it is located or which it identifies. Specific signage materials should be uniform throughout each individual development within Planning Area 1. 8) Transit Alternatives/Options 9) One of the primary objectives of establishing mixed use development within the Teinecula Regional Center Specific Plan is the creation of a density threshold and a mixture of uses that is capable of supporting transit alternatives to the automobile. Bus turnouts shall be provided at appropriate locations within Planning Area 1, subject to approval by the City of Temecula and, if necessary, the Riverside Transit Agency. Additional transit corridor right-of-way adjacent to Winchester Road on the western edge of the planning area will allow space for development of a mass transit system (e.g., light rail, etc.) should such a system ever be constructed. Village CenterRvlain Street Development Area The Village Center/Main Street concept shall apply to between 10 to 15 acres within Planning Area 1. Blocks within the Main Street area shall be defined by a public street grid system. The remainder of the planning area could be developed in a conventional fashion pursuant to market demand if a continuation of this concept is determined to be infeasible by the City. b. Land Use Development Standards Please refer to the Zoning Ordinance in Section m.c of this Specific Plan. c. Planning Standards 1) In compliance with the goals and policies of the City's General Plan, Village Center Overlay and Land Use Element Goal 5 - Policies 5.5 through 5.10, it is important to create a quality environment which establishes a sense of place through careful consideration and integration of the following design elements: a) Pedestrian orientation. b) Pedestrian linkage. c) Narrow streets and driveways with pedestrian paseos and wide sidewalks. 111-43 d) e) g) h) Features such as paseos, arcades, plazas, courtyards, squares, galleries and outdoor cafes to encourage gathering. Gathering places such as pavilions, parks and bandstands. Festivals, entertainment, street vendors, outdoor markets and other special events should be encouraged. Incorporation of fountains and water bodies. Unique architectural and landscape architectural themes for identity. ' .... Careful parking orientation. m-44 2) 4) 5) 6) 8) It is important to note that not all uses allowed in Planning Area 1 are necessarily expected to occur. For this reason, some of the above design features may not be appropriate nor economically feasible. For this reason, only the concept of a "Main Street" is discussed in depth above. Additional options for possible development in Planning Area 1 are discussed in Section IV, Design Guidelines, in this Specific Plan. Access into Planning Area 1 will be provided from Margarita Road, Overland Drive, and Winchester Road. One (1) minor entry crossing is proposed through the Winchester Road transportation corridor into Planning Area 1. This minor crossing would provide right-mm-only access into this Mixed Use Planning Area (see Figure 12A). This proposal s~all comply with the current Memorandum of Understanding (MOU) between the City of Temecula and Caltrans as to the location and spacing of minor access points along Winchester Road. Special roadway landscape treatments, as those depicted in Figures 14, 18, and 20, Landscape Architecture Guidelines (Sec. IV.E.) shall be provided along Winchester Road, Margarita Road, and Overland Drive. Major Entry Monumentati0n as depicted in Figure 23, Landscape Architectural Guidelines, shall be provided at the intersections of Winchester Road and Margarita Road, and Margarita Road and Overland Drive, and along Margarita Road and Winchester Road. Minor Entry Monumentation, as depicted in Figure 25, Landscape Architectural Guidelines, shall be provided along Winchester Road, Margarita Road, and Overland Drive. Please refer to Sec. IV. for Specific Design Guidelines and other related design criteria. Please refer to Sec. I]I.A. for the following Development Plans and Standards that apply site- wide: III.AA - Specific Land Use Plan II~.A.2 - Circulation Plan IlI.A.3 - Drainage Plan lil. A.4 - Water and Sewer Plans III.A.5 - ProjectPhasingPlan lll. A.6 - Grading Plan III.A.7 w Landscaping Plan ]]I.A.8 - Maintenance Plan III-45 2. Planning Area 2 a. Descriptive Summary Planning Area 2, as depicted in Figure 12D, consists of 97.80 gross acres of vacant land proposed as the central commercial core of the Temecula Regional Center. This development area has the greatest visual and circulatory access from the 1-15 freeway, and has been assembled as a key element to the Land Use Plan. The land uses envisioned for this Planning Area include, but are not limited to either a regional mall or more traditional commercial power center, and support retail uses. b. Land Use Development Standards Please refer to the Zoning Ordinance in Section m.c of this Specific Plan. c. Planning Standards 1) Access into Planning Area 2 will be provided from Winchester Road, Overland Drive, and Ynez Road. 2) Two (2) minor entry crossings are proposed through the Winchester Road transportation corridor into Planning Area 2. These minor crossings would provide right-turn-only access into this Planning Area (see Figure 12D). This proposal does not comply with the current Memorandum of Understanding (MOU) between the City of Temecula and Caltrans as to the location and spacing of minor access points along Winchester Road. However, the MOU did not necessarily consider a complete range of mitigating access design solutions; therefore, the minor roadway crossings into Planning Area 2 across the Winchester Road transportation corridor must be approved by both Caltrans and the City of Temecula before being implemented. 3) Special roadway landscape treatments, such as those depicted in Figures 14, 16 and 20, Landscape Architecture Guidelines (Sec. IV.E.) shall be provided along Winchester Road, Ynez Road, and Overland Drive. 4) Major Entry Monumentation, as depicted in Figure 23, Landscape Architectural Guidelines, shall be provided along Winchester Road and Ynez Road. 5) Minor Entry Monumentation, as depicted in Figure 25, Landscape Architectural Guidelines, shall be provided along Winchester Road, Overland Drive, and Ynez Road. 6) Please refer to Sec. IV. for Specific Design Guidelines and other related design criteria. 7) Please refer to Sec. m.A. for the following Development Plans and Standards that apply site- wide: III.AA - Specific Land Use Plan m.A.2 - Circulation Plan m.A.3 ~ Drainage Plan III. AA - Water and Sewer Plans Ill. A.5 - Project PhasingPlan II/.A.6 - Grading Plan m.A.7 - Landscaping Plan III.A.8 - Maintenance Plan Ill-46 Z o m-48 =o~ C. ZONING ORDINANCE The following regulations shall apply in the Mixed Use Zone of Planning Area 1, and the of Planning Area 2 ..................................... t, Commercial/Support Commercial Zone ' ~_.~ .~.~ D,,~ .... D~V 7 .... ~m~ 1. Uses Permitted The following uses are permitted in the Mixed Use Zone of Planning Area 1, and the Commercml/Support Colnmerc~al Zone of Planmng Area 2,. .................................. ~, A~ea~3, provided a development plan has been approved pursuant to City Ordinances. Where indicated with a letter "P" the use shall be a permitted use. Where indicated with a "X", the use is prohibited within the zone. A letter "C" indicates the use shall be conditionally permitted subject to the approval of a Conditional Use Permit. TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas 1~ and 2 and 2 Planning Area DESCRIPTION OF USE Aerobics/Dance/Jazzercise/Martial Arts Studios (less than 5,000 sq. ft.) P P G Aerobics/Dance/Jazzercise/Martial Arts Studios (5,000 sq. ft. and greater) P P G Alcoholism or Drag Abuse Recovery or Treatment Facility (six or fewer) P X X Alcoholism or Drag Abuse Recovery or Treatment Facility (seven or more) X X X Ambulance Services P P g Animal Hospital/Shelter C C (3 Antique Restoration C C G Antique Sales P P X III-50 TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas IT and 2 and 2 Planning Area DESCRIPTION OF USE 1 2 3 Apartment Houses, Stacked Flats and Multiple-Family Dwellings, including Stacked Flats built over or in conjunction with Commercial or Office Uses. P X X Appliance Stores, Household P P G Art Supply Shops and Studios p p ia Auction Houses P P G Auditoriums and Conference Rooms P P la Automobile Parts and Supply Stores P P ~ Automobile Repair Garages, not including Body and Fender Shops or Spray Painting C P ~ Automobile Repair Garages with Body and Fender Shops or Spray Painting C C X Automobile Sales and Rental Agencies C P :X Bakery Goods, Distribution P P la Bakery Retail P P G Banks and Financial Institutions P P la Barber and Beauty Shoos P P la Bars and Cocktail Lounges, not including Establishments with Live Entertainment C P G III-51 TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas 17 and 2 Planning Area DESCRIPTION OF USE I 2 Bars and Cocktail Lounges when C C Associated with Live Entertainment Bicycle Sales and Rentals P P Billiard and Pool Halls C P X Blueprint and Duplicating and p p ia Boat and Other Marine Sales X P Book Stores and Binders P P Boarding, Rooming and Lod~,ing X X Bowling Alleys P P Building Materials Sales Yards C C Car Washes P P Carpet and Rug Cleaners X X G Catering Services P P ia Ceramic Sales and Manufacturing for on-site sales, provided the total volume of kiln space does not exceed 16 cubic feet. C C Churches, Synagogues and Other Similar Religions Structures and Facilities including Incidental Uses such as Assembly, Work Rooms, Living Quarters of a Priest, Minister or Family, and Day Care and Educational Facilities C C G Cleaning and Dveine Shops P P Clothing Sales P P X III-52 TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas 17 and 2 and Planning Area DESCRIPTION OF USE 1 2 Communications and Microwave X X Installations Computer and Typewriter Sales and Rental, including Incidental Repaks P P Confectionery or Candy Stores P P Convenience Stores, not including the Sale of Motor Vehicle Fuel P P X Convenience Stores, including the Sale of Motor Vehicle Fuel C C Costume Design Studios P P Dance Halls C C Day Care Centers and Facilities P P Delicatessens P P Department Stores P P Discount Stores and Membership Warehouse Clubs C P Drive-In Movie Theaters X C Drag Stores and Pharmacies P P Dry Cleaners P P Dry Goods Stores P P Educational Institutions (Public) C C Educational Institutions (Private) C X III-53 TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas 1~ and 2 an~ 2 Planning Area DESCRIPTION OF USE 1 2 3 Electrical Substations C C G Employment Agencies P P Ia Entertainment Lounges C C ~ Equipment Rental Services, including Rototillers, Power Mowers, Sanders, Power Saws, Cement and Plaster Mixers not exceeding I0 cubic feet in capacity, and Other Similar Equipment C C ~ Escort Bureaus C C X Exercise, Health and Fitness I Centers P P G Facilities for the Mentally Disordered, Handicapped or Dependent or Neglected Children (six or fewer) P X ~ Facilities for the Mentally Disordered, Handicapped or Dependent or Neglected Children (seven or more) X X X Feed and Grain Sales P P X Fire and Police Stations P P t Florist Shops P P X Fortune Telling, Spiritualism or Similar Activity C C X Furniture Transfer and Storage X X Ia III-54 TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas 17 and 2 and 2 Planning Area DESCRIPTION OF USE 1 2 Gasoline Service Stations, not including the concurrent sale of beer and wine for off-premises consumption P P ~ Gasoline Service Stations, including the concurrent sale of beer and wine for off-premises consumption C C ;g Gift Shops P P ~ Golf Cart Sales and Service P P ~ Hardware Stores, including not more than 1,000 sq. ft. of Outside Storage P P Hardware Stores, with more than 1,000 sq. ft. of Outside Storage C C Heliports C C Hobby Shops P P Hotels, Resort Hotels and Motels P P Household Goods Sales, including but not limited to New and Used Appliances, Furniture, Carpets, Draperies, Lamps, Radios and Television Sets, including Repair Thereof P P Ice Cream Parlor P P Interior Decorating Service p p Ii III-55 TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas Planning Area DESCRIPTION OF USE 1 2 Jewelry Stores, including Incidental Repairs P P Labor Temples P P Laboratories, including but not limited to Film, Dental, Medical, Research or Testing P P Launddes, Drycleaners and Laundromats P P Leather Goods Stores P P Liquid Petroleum Service Stations, not including the concurrent sale of beer and wine, provided the total capacity of all tanks shall not exceed 10,000 gallons P P Liquid Petroleum Service Stations, including the concurrent sale of beer and wine for off-premise consumption, provided the total capacity of all tanks shall not exceed 10,000 gallons C C Liquor Stores P P Locksmith Shops P P X Mail Order Businesses P P la Manufacturer's Agents P P la III-56 TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas 1~ and 2 an~ 2 Planning Area DESCRIPTION OF USE 1 2 Manufacturing of products similar to, but not limited to, the following: X X Custom-made product, processing, assembling, packaging, and fabrication of goods within enclosed building, such as jewelry, furniture, art objects, clothing, labor intensive manufacturing, assembly, and repair processes which do not involve frequent track traffic. Markets, including but not limited to Food, Wholesale, Produce, Fruit, Vegetable, Fish, and Poultry and Meat Markets, but not including Slaughtering P P Massage Parlors, Turkish Baths and Similar Personal Service Establishments C C Mini-Storage or Mini-Warehouse C C Mobilehomes, provided they are kept mobile and licensed pursuant to State law, used for sales office on mobilehome sales lots; construction offices and caretaker's quarters on construction sites for the duration of a valid building per- mit, provided they are inconspicuously located; or caretakers or watchmen and their families, provided no rent is paid, where a permitted and existing commercial use is established. Not more than one mobilehome shall be allowed for a oarcel of land or a C C 1II-57 TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas IT and 2 an~ ~ Planning Area DESCRIPTION OF USE I 2 3 shopping center complex Multiple Family Residences P X ~ Music Stores P P ~ Musical and Recording Studio P P Ia News Stores P P Ia Notions or Novelty Stores P P ~ Nurseries and Garden Supply Stores C C ~ Office Equipment/Supplies/Sales/Services p p ia Offices, including but not limited to Business, Law, Medical, Dental, Veterinarian, Chiropractic, Architectural, Engineering, Community Planning and Real Estate, and Insurance P P Ia Paint and Wallpaper Stores, not including Paint Contractors P P ~ Parcel Delivery Services X X ia Parking Lots and Parking Structures C C ia Pawn Shops C C X Pest Control Services X X ia Pet Shops and Pet Sul~t~lv Shops III-58 TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas Planning Area DESCRIPTION OF USE 1 2 and Pet Grooming P P Photocopying Services and Stores p p ia Photography Shops and Studios and Photo Engraving P P Plumbing Shops, not including Plumbing Contractors P P Postal Services P P ia Printers or Publishers p p ia Public Uses and Buildings including City Halls, Civic Cen- ters, Police Stations, Paramedic Facilities, Libraries, Court Houses and other similar Public Facilities P P ia Public Utility Buildings and Structures, not including Outside Storage C C Radio, Microwave and Television Receiving Antennas, Dish Antennas and Flag Poles P X Radio and Television Broadcasting Studios C C Recreational Vehicle Trailer, and Boat Storage (within an enclosed building) X X ia Recreational Vehicle Trailer, and Boat Storage X X 1II-59 TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas 1~ and 2 an~ 2 Planning Area DESCRIPTION OF USE 1 2 (exterior yard) Recycling Collection Facilities P P G Residential Care Facilities for the Elderly (six or fewer) P X X Residential Care Facilities for the Elderly (seven or more) P X X Restaurants and Other Eating Establishments, not including Drive-in or Drive-thru Restaurants or Restaurants with Bars/Cocktail Lounges that Offer Live Entertainment P P G Restaurants and Other Eating Establishments with Drive-ins or Drive-thins or Bar/Cocktail Facilities that Offer Live Entertainment C C X Retail Support Use (up to 15% of total development square footage) NA NA Sale, Rental, Repair or Demonstration of Motorcycles, Scooters and Motorbikes C C X Schools, Business and Professional, including but not lim- ited to Art, Barber, Beauty, Dance, Drama, Music and Swimming P P Shoe Shine Stand P P Shoe Stores and Repair Shops P P X Signs, On-sita Advertising P P III-60 TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas ls and 2 and Planning Area DESCRIPTION OF USE I 2 Sporting Goods Stores P P Sports and Recreational Facilities, not including Motor Drive Vehicles and Riding Academies, but including Archery Ranges, Athletic Playgrounds, Sports Arenas, Skating Rinks, Stadiums and Commercial Swimming Pools C C G Stationer Stores P P Stations, including Bus, Light Rail, Trolley and Taxi P P Swap Meets C C Tailor Shops P P Telephone Exchanges p p Theaters, not including Drive-ins P P Tire Sales and Service, not including Recapping P P Tobacco Shops P P Tourist Information Centers P P Toy Shops P P Travel Agencies P P Track Sales and Services C P Ixlxl III-61 TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas Planning Area DESCRIPTION OF USE Watch Repair Shops p p Wedding Chapels C C Wholesale Businesses with samples on the premises, but not including Storage P P LEGEND P = Permitted Use C = Conditional Use X = Prohibited Use NA = Use Not Applicable to Planning Area Indicated Any use that is not specifically listed in Table IIA, above, may be considered a permitted use provided that the Planning Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsection. Such a use is subject to the permit process which governs the category in which it falls. Accessory Uses. An accessory use to a permitted use is allowed provided the accessory use is incidental to, and does not alter the character of, the principal permitted use, including, but not limited to: Limited manufacturing, fabricating, processing, packaging, treating and incidental storage related thereto, provided any such activity shall be in the same line of merchandise or III-62 services as the trade or service business conducted on the premises and provided any such activity does not exceed any of the following restrictions: The maximum gross floor area of the building permitted to be devoted to such accessory use shall be twenty-five percent (25%). (2) (3) The maximum total horsepower of all electric motors used in connection with such accessory use shall be five horsepower (5 hp). The accessory use shall be so conducted that noise, vibration, dust, odor, and all other objectionable factors shall be reduced to the extent that there will be no annoyance to persons outside the premises. Such accessory use shall be located not nearer than fifty feet (50') to any residential zone. (4) Accessory uses shall be conducted wholly within a completely enclosed building. 2. DEVELOPMENT STANDARDS The following standards of development shall apply in the Mixed Use Zone of Planning Area 1, Commercial/Support Commercial Zone of Planning Area 2, and the Business Park Zone of Planning Area 3: a. Lot Area: There is no minimum lot area requirement. b. Setbacks: Where the front, side or rear yard adjoins a street, the minimum building setback shall be twenty-five feet (25') from the right-of-way line. A minimum of ten feet (10') of this setback adjoining the street shall be landscaped. The minimum building setback from streets and the landscaping requirement may be reduced or eliminated on a case-by-ca_se basis by either the Planning Director or an appropriate hearing body as part of the Development Plan Review process. Where the front, side or rear yards of interior parcels adjoin residential uses, such parcels shall be subject to Development Plan Review. (2) Where the side or rear yard adjoins a lot with a use other than those specified in paragraph "(1 )" above, there is no minimum setback. (3) Setback areas may be used for driveways, parking and landscaping, except parking is not allowed within the 25-foot-wide Transportation Corridor. Height Requirements: The height of all structures, including buildings, shall not exceed one hundred twenty feet (120'); provided, however, that building setbacks and configurations for all structures in excess of fifty feet (50') in height shall be determined by the City during Development Plan Review to ensure that adequate solar access, as well as light and air, is available to adjacent structures. II1-63 Masonry Wall: Prior to occupancy of any use permitted in this Ordinance, a minimum six foot (6') high solid masonry wall or combination landscaped earthen berm and masonry wall shall be constructed on each property line that adjoins any parcel specifically zoned for residential use; provided, however, that no wall or berm shall be required if a mixed-use development is planned such as stacked flats over commercial or office uses. Landscaping: (1) A minimum of fifteen percent (15%) of the site proposed for development shall be.. landscaped and irrigated. Landscaping in setback areas shall count towards the fifteen percent (15%). Landscaping in the transportation corridor shall count toward the fifteen percent (15%) in Planning Areas 2 n~ 2 (2) Not less than ten feet (10') of the front yard setback shall be landscaped. (3) Parking lot landscaping and shading shall conform to applicable City Ordinance. Automobile Storage PLANNING AREAS 1 AND 2 Retail Uses including: power centers, community retail and neighborhood shopping centers, including those with restaurants and cinemas Regional Shopping Centers Hotels and Motels Offices including Financial Institutions Five (5) spaces per 1,000 square feet of gross leasable floor area 4.5 per 1,000 square feet of gross leasable area One (1) space for each room and two (2) spaces for' the resident manager Four (4) spaces per 1,000 square feet of gross leasable floor area. III-64 PLANNING AREA 1 ONLY For apartment houses, stacked fiats and multiple-family residential uses, including stacked fiats over office or commercial uses, automobile space in Planning Area 1 shall bc provided as follows: * Such spaces shall be located within two hundred feet (200') of the building to be served by these spaces. A minimum of one (1) covered parking space shall be provided per dwelling unit. PLANNING AREAS 17 & 2 & 3 Shared parking for developments with a combination of uses such as office, mixed-use, multiple-family residences, apartments or flats will be permitted in all planning areas within the Temecula Regional Center Specific Plan provided a share-parking study is prepared for the uses and approved by the City of Temecula. g. Automobile Loading. The number of loading and unloading spaces required are indicated on th.e following table. 7,499 s.f. or less 7,500 - 14,999 s.fi 15,000 - 24,999 s.L 25,000 - 39,999 s.f. 40,000 - 59,999 s.fi 60,000 - 79,999 s.f. 80,000 - 100,000 s.f. For each additional 100.000 s.f.. above III-65 I 100,000 s.f. I I additional space I Trash Collection Areas: Trash collection areas shall be screened by landscaping or architectural features in such a manner as not to be visible from a public street or from any adjacent residential area with the use of a six foot (6') high solid wall trash enclosure. Mechanical Equipment: All roof mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of one thousand three hundred twenty feet (1,320% Screening shall be incorporated into the architecture with similar materials and finishes:' Recycling Facilities: (1) Recycling collection facilities shall be contained within a §tincture that is compatible with surrounding structures in the area and with the architecture of the building or center in which it is located. (2) Recycling collection facilities shall be located at least one hundred feet (100') from any residential uses; provided, however, that recycling processing facilities shall not abut any existing or planned residential properties. (3) Recycling collection facilities should not significantly decrease required parking or disrupt parking lot cimulation. Sufficient drop-off sphce shall be provided around the collection facility to accommodate the users. (4) A trash receptacle of sufficient size must be provided for disposable containers in which recyclable materials are brought to the collection facility, in order to minimize litter in the area. (5) Signing for recycling facilities shall conform to all applicable City roles and policies. ' (6) Space shall be provided on-site for the anticipated peak load of customers to cimulate, park, and deposit recyclable materials. Lighting: (1) All lighting fixtures, including spot lights, electrical reflectors and other means of illumination for signs, structures, landscaping, parking, loading, unloading, and similar areas shall be focused, directed and arranged to prevent glare or direct illumination on streets or adjoining property. (2) The level of on-site lighting, as well as lighting fixtures, shall comply with all applicable requirements of the City of Temecula and Mount Palomar Observatory, except as otherwise permitted in Specific Plan No. 263. (3) The maximum height for parking lighting fixtures shall not exceed forty feet (40'). On-Site Signs: III-66 (1) (2) Retail Commercial Entry Monumentation (a) Primary entry monumentation signage is intended to identify anchor tenants and shall not exceed an area of sixty-eight (68) square feet, nor shall the sign exceed twelve feet (12') in height. The maximum sign area per tenant is forty-two (42) square feet. Letter type styles and colors shall be reviewed and approved by the City during the Development Plan Review process. Primary entry monumentation signage shall be limited to major and minor entry points .... (b) Planning Area 2 Only: Primary entry monumentation signage shall be limited to major and minor entry points; provided, however, that no more than one (1) primary entry monument sign with a maximum height of thirty-six feet (36') may be erected pursuant to approval by the Planning Commission. (c) Maximum tenant sign area for secondary tenant monumentation shall be equal for each tenant and shall not exceed fifteen (15) square feet with a total tenant signage area not to exceed sixty (60) square feet, nor shall the sign exceed six feet (6') in height. Secondary tenants shall be defined as bt~sinesses with less than 20,000 square feet of gross leasable area. Colors and letter type styles shall be reviewed and approved by the City during the Development Plan Review process. Freestanding monument signs shall have a minimum separation of two hundred feet (200'). (d) All monument signs shall include the address of the site. Numerals shall be no larger than ten inches (10") and no smaller than six inches (6") in height. The address shall not be calculated as sign area. Retail Commercial Building Identification Signage (a) The surface area of building identification signage for anchor tenants shail not exceed ten percent (10%) of the surface area of the front and side walls of the building. Maximum letter height shall not exceed five feet (5') unless approved by the City during the Development Plan Review process. (b) The surface area of building identification signage for anchor tenants shall not exceed five percent (5%) of the surface area of the rear face of the building. Maximum letter height shall not exceed five feet (5') unless approved by the City during the Development Plan Review process. (c) Signage area for major and minor tenants (i.e., tenants with less than 20,000 square feet of gross leasable area) shall be limited to ten percent (10%) of the surface area of the front and side walls of the building, and five percent (5%) of the surface area of the rear building wall. Maximum letter height shall not exceed forty-eight inches (48") and the maximum sign depth for major and minor tenants shall not exceed five inches (5"), unless approved by the City during the Development Plan Review process. II1-67 (3) (4) (d) All on-building fascia signage shall be coordinated with other signage within the center. Letter height for shop and pad building tenants of zero to ten thousand (0 - 10,000) square feet of gross leasable area shall not exceed thirty-six inches (36") in height and sign depths shall not exceed five inches (5"), unless approved by the City during the Development Plan Review process. (e) Tenant Window Identification. Store identity, graphics, typography and/or company logo may be silkscreened or etched on the tenant's window. Th_e. maximum square foot graphic area allowed per window shall not exceed four (4) square feet; provided, however, that in-store neon signage shall not exceed eight (8) square feet in size. Signs will not be permitted on doors. (0 Hanging Signs. No more than one hanging sign shall be erected per commercial tenant. The maximum size for hanging signs, not including banners, pennants and awnings, shall be four (4) square feet with four-inch (4") tall letters maxi- mum. (g) Banners, Pennants and Awnings. Banners, pennants and awnings, or a combination of the same, shall be permitted; provided, however, that such signs are compatible in form, style and color with the design character of the architecture. These signs shall be considered as building identification signage and shall therefore be calculated as the allowed signage per frontage. Office/Hotel/Institutional and Business Park Signage (a) Site identification signage shall be limited to identifying the complex, building, or company occupying the site and shall be limited to one sign for every four hundred (400) linear feet of street frontage, although one sign may be permitted per minor or major entry. (b) Fully illuminated sign cans for office and institutional use signage shall not be permitted, although signage may be illuminated by halo lit individual letters, concealed ground level flood lights, or back cut letter signs in a metal can. Hotel uses may utilize fully illuminated sign cans. (c) Signage for building addresses shall be provided on every main building, preferably as close to the main entrance as possible. Numerals shall be no larger than twelve inches (12") and no smaller than eight inches (8") in height. In no event shall the numerals appear to be the dominant graphic device on the facade of any building. Leasing, Temporary and Directional Signage (a) Leasing, temporary, and future facilities signage shall be permitted provided the maximum area does not exceed thirty-two (32) square feet, nor shall the height of the sign exceed eight feet (8') above finished grade. III-68 (5) (6) (b) Multiple tenant directory signs and parking directional signage shall be permitted; provided, however, that the maximum sign area does not exceed forty (40) square feet or six feet (6') in height. (c) Temporary signs are those signs which advertise or promote a special event, such as an opening, or offering of a new product or service and are easily removed. Temporary window signs are allowed provided they meet the following criteria: # Sign graphics of any nature painted directly on a window shall not be considered a temporary window sign. A window sign advertising or promoting,any product or service offered on a regular basis or at a regular price shall not be considered a temporary window sign. Temporary window signs shall not be illuminated, shall be limited to twelve percent (12%) of the tenant's storefront glass area, and shall be displayed no more than fourteen (14) days. # Flashing or moving signage is prohibited. (d) Directional signage shall be permitted; provided, however, that the maximum sign area does not exceed six (6) square feet with an overall height not exceeding three feet (3') above finished grade. Marquee Signage (a) Permanent signage for all theaters, hotels, and special event facilities shall be permitted and may be provided in the form of either theater monument signs and/or marquee signs. These signs, if provided, shall consist of a permanent portion displaying the name of the theater, auditorium, hotel or other special event facilities and, if desired, may also include a changeable section accommodating program information. These signs may be attached directly onto the building; provided, however, that in no case, shall these signs extend above the height of the predominant roofline of the building. Prohibited Signage The following forms and types of signage shall not be permitted within the Specific Plan (a) Signs which incorporate any manner of mechanical movement, audible elements, flashing or intermittent lighting, and/or moving or otherwise animated forms. (b) Signs which interfere with or conflict with any traffic control device, create a safety hazard by obstructing the clear view of pedestrian or vehicular traffic, Ill--69 (7) project into the public right-of-way or interfere with efficient operations of emergency vehicles. (c) Signs which prevent free access to or from any fire escape, door, window or exit, or access to any standpipe. (d) Signs which project above a parapet or roofline or which are located upon or affixed to the roof of a building. (e) Signs or graphics painted directly on the exterior facades of buildings. (f) Landscaping or the use of annual or ornamental flowers that form a sign or message. (g) Signs where the entire face of the sign is illuminated rather than just the graphics, except for hotel-related signage which may be fully illuminated. (h) Graphics painted on or adhered to trash bins or their enclosures. (i) Sign cabinets with entire faces of plexiglass. (j) Any sandwich board "A" frame sign or other portable sign. (k) Signs which identify or advertise a product or service not available on the property. (1) Any sign placed or displayed on vehicles parked primarily for the purpose of displaying the sign. (m) Temporary signs beyond the period of display approved by City Ordinance. r~x Planning 2.rca 3 ~'" ~ ........ : ......~' ~ '~ ...... :~n ...... ~ ~^. ~ .... & General Sign Specifications (for all _types of signage in all areas) (a) All building-mounted signs shall meet or exceed all applicable city, state, and federal codes. (b) All signs containing electrical components shall be conform to the Uniform Lighting Code. (c) No on-site sign shall be affixed on, above or over the roof of any building, and no on-site sign shall be affixed to the wall of a building so that it projects above the parapet of the building. For the purposes of this section, a mansard style roof shall be considered a parapet. III-70 3. EXCEPTIONS TO DEVELOPMENT STANDARDS. The development standards contained herein, except lot size, setbacks and height, may be waived or modified by either the Planning Director or an appropriate hearing body as part of the development plan or conditional use permit process if it is determined that the standard is inappropriate for the proposed use, and that waiver or modification of the standard will not be contrary to the public health and safety. III-71 IV. DESIGN GUIDELINES A. PURPOSE AND INTENT The Design Guidelines for Temecula Regional Center Specific Plan are designed to serve as a method of achieving a high quality, aesthetically cohesive environment for the land uses that will develop within Temecula Regional Center. More specifically, the objectives of the Design Guidelines are: To provide the City of Temecula with the necessary assurance that the Specific Plan area will develop in accordance with the quality and character proposed in this document. To provide guidance to developers, builders, engineers, architects, landscape architects and other professionals in order to maintain the desired design quality. To provide guidance to City staff, the Planning Commission and the City Council in the review of future development projects in the Specific Plan area. To provide guidance in formulating Covenants, Conditions and Restrictions for the use of land in the Specific Plan area. - To provide guidance in formulating concise development plans for the various planning areas within the Specific Plan boundaries. The Design Guidelines document is intended to be flexible and is therefore illustrative in nature. As a living document, the Guidelines can, over time, accommodate unanticipated conditions, such as changes in lifestyles, economic conditions, community desires and the' overall marketplace. B. LANDSCAPE GUIDELINES 1. Landscape Architectural Guidelines a. Introduction (See ~gure 13) Temecula Regional Center complex image envisioned is that of a suburban/urban village core. Landscape character is the most easily recognizable visual element for establishment of Temecula Regional Center's image. This landscape character will be adaptable for the various land uses such as office, retail, institutional and hotel. Therefore, overall goals guiding this landscape development character are as follows: 1 2 Circled numbers reference Figure numbers where treatment Occurs. CONCEPTUAL LANDSCAPE PLAN TEMECULA REGIONAL CENTER K.C.D.C. 27555 Ynez Road, Suite 202, Temecula, Ca. 92591 IV-2 FIGURE 13 * Provide a distinctive landscape setting both complementing and contrasting with surrounding land uses. * Create a sense of arrival through use of entry monuments/gateways, streetscenes/urban boulevards and medians. * Define and facilitate both pedestrian and vehicular circulation. * Allow for good vis~ility of businesses and retailers. * Development of an environment visually attractive and efficiently organized. * Buffer, through natural and man-made features retail/office/business uses from nearby mixed density residential uses. * Encourage and allow for pedestrian promenades and people places. * Provide for thematic continuity through consistent use of contemPorary materials, forms, signs and other graphic elements. * Present a strong identity compatible with the Southern California environment; climate, soils and horticulture. Adherence to the landscape development character goals will establish the suburban/uthan village core character of the Regional Center. The landscape development character can be divided into five main landscape design areas as follows: Streetscenes; Entry Monuments; Mall Option - Landscape Requirements; and Commercial/Hotel/Office/Institutional Landscape Requirements. These five landscape' design areas will be further discussed at greater length within the Landscape Architectural Guidelines section with written summaries and graphic exhibits. Within the Landscape Architectural Guidelines, streetscenes form the basic framework for the landscape development character. With this in mind, generous Landscape Development Zones (LDZ) are planned along all major and minor Regional Center Streetscenes. An expanded landscape development zone allows for creation of the grand boulevard design, an enhanced pedestrian circulation feeling, and for an. urban landscape treatment articulating the distinctiveness of the Regional Center. In addition, streetscenes may also act as a boundary, or a parkway buffer, or may transition between land uses. Entry monuments are addressed in terms of hierarchy, location and specific application of hardscape design configuration and landscape treatment within the Landscape Architectural Guidelines. IV-3 The above Landscape Architectural concepts will be subject to change based upon marketing criteria and further design refinement during the Preliminary and final Landscape Development Document process. Prior to recordation of the final map, all landscape plans for construction, installation and completion of landscape improvement will be prepared by the developer and approved by the Director of Community Services. b. Streetscenes Generous Landscape Development Zones (l.r)z) are proposed along all major and minor_. Regional Center streetscenes. Landscape development created for Winchester Road, Ynez Road, and Margarita Road, has an urban pattern which articulates land uses and forms a dramatic visual framework for proposed offices and businesses and which clearly delineates these as major circulation route sl~eetscenes. Reinforcing the hierarchy of streetscenes, Winchester Road and Ynez Road design intent is to create the feeling of a grand boulevard. Overland Drive contains elements of the major streetscenes, but has been simplified and is denoted as a minor Regional Center streetscene. In addition, great care was exercised in preserving the vis~illty of individual businesses along all perimeter streetscenes. 1) Winchester Road (See Figures 14 and 15) The City of Temecula has adopted the County of Riverside's Southwest Area Community Plan. This plan requires a twenty-five foot (25') wide Transportation Corridor Easement along Winchester Road as a provision for future transportation needs. This Transportation Corridor Easement will begin at the edge of the Winchester Road right-of-way. In addition, the California Depa, h~ent of Transportation (Caltrans) has designated Winchester Road as a State Highway. Caltrans requires a thirty foot (30') ~ree setback zone for large trees exceeding their specific tree size standards. One of these standards states that only small trees with a four inch (4") trunk diameter at a four foot (4') height may be planted within thirty feet (30') of the nearest travel lane or within median islands. In addition, all landscape development shall conform to Caltrans standards and be approved by Caltrans prior to implementation. IV-4 PRIVATELY EDGE OF DRIVE LANE m Winchester Road will continue the grand boulevard thematic landscape treatment proposed along the adjacent Temecula Regional Center, as Winchester Road is the main freeway access to the project. A thirty-sevan foot (37') wide area shall be reserved for the Transportation Corridor and parkway adjacent to the Winchester Road curb. In the event that the City elects not to implement the Transportation Corridor, a minimum thirty-seven foot (37') wide LDZ (as measured from the curb of Winchester Road) shall be required. The landscape development associated with the commercial land use strcetscene on Winchester Road consists of: Formal linear backdrop of boulevard theme trees on forty foot (40') on center spacing. Random clustering of flowering parkway accent trees averaging at forty foot (40') spacing. Major monumentation. Linear sidewalk paralleling the street. Variable width turf or ground cover parkway. Class II bike trail. Twenty-five foot (25') Caltrans Regional Transportation Corridor (within a portion of the thirty-seven foot (37') wide LDZ). - Three-foot (3') high shrub screen at parking lots. - Hardscape median island. The Landscape Development Zone (LDZ) for Winchester Road street.scene shall consist of a thirty-seven foot (37') landscape zone measured from the edge of the curb. The LDZ incorporates an eight foot (8') turf parkway, a six foot (6') concrete sidewalk paralleling the street, a seventeen foot (17') turf planting a. rea, and a six foot (6') wide, three foot (3') minimum high, shrub screen along parking lots. Shrub screen height will be optional at building locations. Parkways and LDZ's shall be privately maintained. The median island shall be T.C.S.D. maintained. 2) Ynez Road (See Figures 16 and 17) Secondary in importance only to Winchester Road, Ynez Road is also considered a major Regional Center Streetscene where a high degree of visfoility is afforded of the Regional Center and significant access points may be reached. The landscape development associated with the Ynez Road streetscenes consists of: Formal linear backdrop of boulevard theme trees. Random clustering of flowering parkway accent trees averaging a 40' spac'mg. Hierarchy of entry monumentafion. Linear sidewalk at curbside paralleling the street. PRIVAI~LY MO~ ,0~ ~ Standard width turf or ground cover parkway Three-foot (3') high shrub screen or three-foot (3') landscaped 4:1 berm along parking lots - optional except when adjacent to parking areas. Accent trees, accent shrubs and ground cover median island planting. Variable width landscape buffer. Class II Bike Trail The Ynez Road thirty-two-foot (32') LDZ reflects s six-foot (6') concrete sidewalk at curb face paralleling the street. There is a twenty-foot (20') width turf or ground cover parkway with'-a six-foot (6') shrub and ground cover planting completing the thirty-two-foot (32') minimum LDZ requirements. In lieu of the three-foot (3') high shrub screen, an option is for the twenty- foot (20') turf and ground cover area to be increased to twenty-six feet (26') wide with a landscaped berm attaining a three-foot (3') screen height along pa~king lots. All turf areas shall not exceed a 4:1 slope ratio. Shrub planting and parkway berms shall have a three-foot (3') minimum screen height along parking lots, but screen heightwill be optional at building locations. Parkways and LDZ's shall be privately maintained, with the median island being maintained by T.C.S.D. 3) Margarita Road (See Figures 18 and 19) Margarita Road is the easternmost boundary of the Regional Center and is a major arterial highway connecting various other "villages". In order to retain the continuity of the existing Margarita Road streetscene; transition between a potential residential land use adjacent to the Regional Center; allow visibility; and highlight the distinctiveness of the Regional Center; the Landscape Development Zone associated with Margarita Road is as follows: Formal triangular spaced street trees. Sidewalks paralleling the street Three-foot (3') high minimum shrub or three-foot (3') landscaped berm screen along parking lots - optional except when adjacent to parking areas. Accent trees, accent shrubs and ground cover landscaped median where it occurs. Hierarchy of entry monumentation. Uniform spacing of flowering median island accent trees. Continued use of existing streetscene plant materials. Class II Bike Trail Margarita Road streetscene Landscape Development Zone (LDZ) is a minimum thirty-two feet (32') wide which is consistent with the existing Margarita Road LDZ, This LDZ width may increase when, or if, slopes adjoin these streetscenes. Parkway and median landscape development zones will duplicate, except for tree palette and pattern,, those landscape development zones described on Ynez Road. Parkways and LDZ's shall be privately maintained with the median island being maintained by T.C.S.D. IV-10 PRIVATELY PRIVATELY OR T.¢.S.D. UAINTAJNED DEPENDINO ON I. AND USE 4) Overland Drive (See Figures 20 and 21) The landscape development treatment on Overland Drive will echo and retain some common streetscene features found along the major streetscenes, thereby visually completing the landscape framework surrounding the Regional Center. The landscape development associated with Overland Drive will be as follows: - Random clustering of street trees averaging a 40' spacing. - Hierarchy of entry monumentation. - Linear sidewalk at carbside paralleling the street. - Standard width tuff or ground cover parkway. - Three-foot (3') high shrub screen or three-foot (3') landscaped berm along parking lots -optional except where adjacent to parking areas. - All turf areas shall not exceed a 4:1 edge ratio. The actual parkway landscape development zone along Overland Drive, excluding the tree palette and pattern overstory, duplicates the parkway landscape development zone described for Ynez Road. Parkways and LDZ's shall be privately maintained. c. Entry Monuments Regional Center entries consist of a thematic blend of consffuc~ion features, landscape features, center identity signage and specialty lighting that conveys the urban village image of the Temecula Regional Center. Entry monumentation shall be required at key focal points throughout the Regional Center for consistent visual identity. EnUy monument elements, including foreground planter walls, backdrop walls and theme tower or focal sa'uctures, shall be optional items to be used in an appropriate, manner consistent with building, architecture and signage, and subject to City staff review at the Plot Plan stage.. All entry monuments shall be privately mainta'med. A hierarchy of center entries reinforces this unique thematic image throughout the project. This hierarchy consists of the following: Regional Center Monument Major Entry Monuments Minor Entry Monuments Please refer to the Conceptual Landscape Plan (Figure 13) for specific locations. IV-13 PRIVATE~.Y UAINT~N~D · n' ~- I-. Uj N ~:: ~:' Oi-<>O,,~ zzw~--~ ~Oo OCOZ-] mn.- L 1) Regional Center Monument (See Figure 22) The Regional Center Monument occurs at the junction of Winchester Road and Ynez Road. Specialized design attention has been focused upon this location with the intent of quickly establishing the unique image of the Regional Center. The unique image of the Regional Center will be created with a thematic blend of hardscape and softscape features such as: Rolling turf grass foreground introducing the streetscene treatment. Optional foreground planter wall for the presentation of the Temecula Regional Center logo and graphic siguage. Rolling earth mounds recalling the heritage of the ,surrounding countryside. Optional backdrop wall Formal backdrop of intersection theme trees. Flowering blend of vines, shrubs, ground cover and annual color. 2) Major Entry_ Monument (See Figures 23 and 24) These Major Regional Center entries occur at comer intersections of Winchester Road and, Margarita Road. Major Regional Center Entries also occur at signalized Retail/Office and Business Park entries along Winchester Road and Ynez Road.. The overall sense of entry monumentation is created by a harmonious blend of thematic features occurring in a formal, symmetrical configuration on both sides of the roadway, such as: Seventy-five foot (75') radius comer cut-off landscape threshold. Optional freestanding Regional Center identification sign wall. Two (2) formal curvilinear planting rows of intersection theme trees. Accent trees, accent shrubs and ground cover in median island - where occurs.. Turf grass threshold introducing the street.scene treatment and creating a park-like threshold. Formal shrub row treatment - minimum three-foot (3') high. 3) Minor Entry Monument (See Figures 25 and 26) Minor entries occur on all streets associated with the Temecula Regional Center. These entries have been scaled down, yet still retain many of the key elements found in common to all the Regional Center entries. Common thematic elements features at Minor Entry Monuments are such as: Forty-five-foot (45') convex radius comer cut-off landscape threshold. One (1) row of flowering accent lrees. IV-16 WINCHESTER ROAD Z T~. MAINTAINED o-~ ~::a ;oz ~,"a ~__. " ~U~2; ~"<}00 --r-.mm,,...,,.,~ :;00 ::O,.,'"m ...i ...,-'~' ~ 0 u~ ;0 ~ ZOrn i--0 , mr- Z--Im .I 0 Z~ 03NIY.LNIVIq A'I3.LVAI~Id 03NIV. LNIVlai A"I3.LVAlUd i Optional freestanding wall or retail/office identification sign wall. Turf grass streetscene threshold. Formal shrub row treatment - minimum three-foot (3') high. d. Mall Option - Landscape Requirements Temecula Regional Center Mall Option landscape development area is composed of entry roads, pedestrian promenades, parking lots and mall pedestrian entry thresholds. Each of these forms an integral part in establishing the "Mall" sense of place should a "Mall" Option Land Use Plan be developed. 1) Parking Lot Landscape Requirements Temecula Regional Center Mall Option parking lot landscape development will allow for a high degree of visibility necessary for marketing requirements of a Regional Center shopping complex. This high degree of visibility is necessary for ease in aiding the shoppers to their destination within the Mall Complex. In addition, landscape development at the Mall Option entry roads and pedestrian promenades will direct vehicular and pedestrian activities, as well as frame-on-site Mall focal points. Parking Lot Landscape Requirements shall comply with the City of Temecula's Parking Lot Landscape Requirements, as stated below. Percent of Total Parking Area Parking Stall/Space Area Required to be Shaded a) Mall Parking Lot - 50% Minimum Average Actual Parking Stall (Space) Area All other landscape requirements for the Mall parking lot landscape development shall be consistent with the City of Temeeula's Parking Lot Landscape Requirements. 2) Pedestrian Promenades A Pedestrian promenade is planned bisecting the site in a east/west direction, This promenade will facilitate pedestrian circulation to the land uses both within the Regional Center project area and at surrounding off-site business park and offices land uses. Pedestrian promenades shall be considered in the site planning for future implementing projects (plot plans). Landscape development associated with this promenade will frame on-site focal points. In addition, the pedestrian promenade will recall Regional Center thematic hardscape elements, emphasize pedestrian entry functions, serve as a cool place to rest and break-up the large expanses of parking lot. IV-22 e. Commercial/Hotel/Office/Institutional Landscape Requirements - Excluding Mall Landscape 1) General Re~_uirements Office, commercial, institutional and hotel landscape development shall be in keeping with. the urban village landscape theme established for the Regional Center streetscenes. 2) Parking Lot Landscape Requirements Except for those standards indicated within the adopted SpeCific Plan Zone Ordinance No. 263, all parking lot requirements listed in the City of Temecula Land Use Ordinance No. 348, Section 18.12 shall be the same for commercial/hotel/office/institutional and business park parldng lot landscape development. f. Maintenance Responsibility Maintenance of common areas and street.scenes within the Regional Center may be provided in one of three ways by the individual property owner, by the R.E.A. or per the C.C.& R.~ T.C.S.D. will maintain medians only, aH other common areas and streetscenes shall be maintained as described above. However, on Winchester Road the median island, parkway and LI~Z will be T.C.S.D. maintained. 2. Plant Material Guidelines a. Introduction It is the intent of these guidelines to provide flexibility and diversity in plant material selection, while maintaining a limited palette in order to give greater unity and thematic identity to the Regional Center. The plant material lists have been selected for their appropriateness to the projeCt theme, climatic conditions, soil conditions and concern for maintenance. A limited selection of materials utilized in simple, significant composition complimentary to adjacent common landscape areas while reinforcing the individual architectural and site setting is encouraged. Wherever poss~le, overall plant material selection for given project areas, shah have compatible drought-resistant characteristics. Irrigation programming can then be designed to minimize water application for the entire landscape setting. The limited plant material selection for common landscape areas associated with the Temecula Regional Center, as descrl"oed in the text, is contained in the following plant palette. Plant sizes and species shah be exactly determined at the Plot Plan stage and shall be acceptable to the City Planning staff. In addition, a wider variety of plant materials compatible with project theme and setting are listed for use by adjoining commercial developments within the Temecula Regional Center. The above Plant Material Guidelines will be subject to change based upon the actual use and further design refinement during the preliminary and final landscape development document process. As these plans are prepared, the preliminary and final landscape development documents will be submitted to the City of Temecula for approval. b. Landscape Development Zone Tree Palette - Recommended but not limited to: a) b) c) 2) 3) 4) Botanical Name Boulevard Theme Tree Winchester Road: Leriodendron tulipifera Ynez Road: Platanus aeerifolia Margarita Road: Sehinus molle parkway Accent/Median Accent Tree *Callistemon citrinus Lagerstroemia indica 'Watermelon Red' Prunus cerasifera Intersection Theme Trees Phoenix canariensis Street Trees Brachyehiton populneus Koelreuteria bipinata Leriodendron tulipifera Magnolia grandiflora Common Name Tulip Tree London Plane Tree California Pepper Tree Lemon Bottlebrush Crape Myrtle Purple Loaf Plum Canary Island Palm Bottle Tree Chinese Flame Tree Tulip Tree Southern Magnolia IV-24 Botanical Name Pinus eldarica Platanus acefifolia Sapium sebiferum Schinus Molle 5) 6) 7) Ce Minor Ent~ Accent Trees Callistemon citrinus Lagerstroemia indica Platanus acerifolla Prunus cerasifera Boulevard Theme Shrubs Ligustrum japonicum "Texanum" Photinia fraseri Euonymous japonica 'Aureo - variegata' Raphiolepis indica Median Accent Shrubs Raphiolepis indica Leptospermum scoparium Abelia grandiflora 'Edward Goucher' Trachelospermum jasminoides Community Plant Palette Trees - Evergreen Brachychiton populneum Eucalyptus polyanthemos Eucalyptus sideroxylon 'Rosea' Eucalyptus viminalis Eucalyptus rudis Laurus nobilis Magnolia grandiflora Olea europaea 'Fruitless' Pinus canariensis IV-25 Common Name Mondell Pine London Plane Tree Chinese Tallow Tree California Pepper Tree Lemon Bottlebrush Crape Myrtle London Plane Tree Purple Leaf Plum Gold Spot Euonymous Fraser's Photinia Gold Spot Euonymous India Hawthorn India Hawthorn New Zealand Tree Glossy Abelia Star Jasmine Bottle Tree Red Box Gum Red Iron Bark White Gum Desert Gum Sweet Bay Southern Magnolia Fruitless Olive Canary Island Pine 2) Botanical Name Pinus halepensis & eldarica Pinus pinea Podocarpus gra¢ilior Quercus agrifolia Quercus ilex Sehinus molle Ulmus parvifolia 'Drake' Umbellularia californica Trees - Deciduous Albizia julibrissin Alnus cordata Alnus rhombifolia Betula alba Fraxinus velutina Fraxinus uhdei 'Tomlinson' Gingko biloba species (Male Variet~ Only) Koelreuteria bipinnata Koereuteria pannicalata Lagerstroemia indica Liquidambar styraciflua Malus floribunda Morns alba 'Fruitless' Nyssa sylvatica Pistacia chinensis Platanus acerifolia Platanus racemosa Prunus cerasifera Pyrus calleryana Pyrus kawakamii Robinia ambigua 'Idahoensis' Salix baylonica Sapium sebiferum Sophora japonica Quercus coccinea Zelkova serrulata Common Name Aleppo Pine Italian Stone Pine Fern Pine California Live Oak Holly Oak California Pepper Evergreen Elm California Bay Mimosa Tree Italian Alder White Alder White Birch Modesto Ash Tomlinson Ash Maidenhair Tree Chinese Flame Tree Golden Rain Tree Crape Myrtle Sweet Gum Japanese Flowering Crabapple Fruitless Mulberry Sour Gum Chinese Pistache London Plane Tree California Sycamore Purple Leaf Plum Ornamental Pear Evergreen Pear Idaho Locust Weeping Willow Chinese Tallow Tree Japanese Pagoda Tree Scarlet Oak Sawleaf Zelkova IV-26 Botanical Name Common Name 3) 4) Palms Brahea edulis Brahea armata Chamaerops humilis Phoenix canariensis Washingtonia filifera Washingtonia robusta Shrubs Abelia grandiflora (S, SH) 'Edward Goucher' (S) *Acacia ongerup (S) *Acacia redolens (S) Berberis species (SH) Camellia species (SI-I) Cocculus laurifolius (S) Cotoneaster species (S) Elaeagnus pungens (S) *Escallonia exoniensis (S, SH) 'Fradesii' *Escallonia compacta Euonymus formnei (S) Euonymus japonica (S) Feijoa sellowiana (S) Ilex species (SH) Leptospermum scoparium (S) Ligustrum japonicum (S, SH) Myrtus communis Nandina domestica and 'Compacta' (S, SH) Osmanthus frangrans (S, SH) Photinia frazeri (S) Pittosporum tobira and 'Wheeler's Dwarf (S, SH) Podocarpus macrophyllus (S, SH) Prunus caroliniana (S) Prunus ilicifolia (S) Guadalupe Palm Mexican Blue Palm Mediterranean Fan Palm Canary Island Date Palm California Fan Palm Mexican Fan Palm Fxlward Goucher Abelia No Common Name (N.C.N.) No Common Name (N.C.N.) Barberry) Camellia Snailseed Cotoneaster Silver Berry Eseallonia Compact Escallonia' N.C.N. Evergreen Euonymus Pineapple Guava Holly New Zealand Tea Tree Japanese Privet Myrtle Heavenly Bamboo Sweet Olive Photinia Mock Orange Yew Pine Carolina L~urel Cherry Hollyleaf Cherry IV-27 Botanical Name Common Name Pyracantha species (S, SH) Raphiolepis indica species (S, SH) Hebe coed (S, SH) Ternstroemia gymnanthera (SH) Viburnum tinus species Xylosma congestum (S) Firethorn Pink India Hawthorn Veronica N.C.N. Viburnum Xylosma 5) Sub-Shrubs *Agapanthus africanus (S, SH) Arctostaphylos species (S) Erica dearleyensis (S, SH) (S, SH) *Escallonia 'Newport Dwarf (S, SH) Hemerocallis species (S) Hypericum calycinum Juniperus species (S) Lonieera japonica 'Halliana' (S) Moraea bicolor (S) Trachelospermum jasminoides (S, SH) Lily of the Nile Manzanita Heath Escallonia Day. Lily Aaron's Beard Juniper Hall's Honeysuckle Fortnight Lily Star Jasmine 6) Vines Ampelopsis veitchi (SH) Bignonia chere (S) Doxantha unguis-cati (S) Ficus pumila (S, SH) Gelseminm sempervirens (S) Grewia caffra (S) Jasminum mesyni (S) Jasminum polyanthum (S) wisteria floribunda (S) Boston Ivy Blood Red Trumpet Vine Cat's Claw Vine Creeping Fig Carolina Sasmine Lavendar Star Vine Primrose Jasmine N.C.N. Wisteria 7) Ground Covers Baeeharis pilularis 'Twin Peaks' (S) Hedera helix (SH) Hypericum calycinum (S) Coyote Brush English Ivy Aaron's Beard IV-28 g) Botanical Name Common Name Duchesnia indica (S) Fragaria chiloensis (SH) Myoporum parvifolium (S) Potentilla verna (SH) Rosemarinus officinalis 'prostratus' (S) Indian Mock Strawberry Wild Strawberry Myoporum Spring Cinquefoil Rosemary Will freeze in unprotected exposure area, but will generally rejuvenate from undamaged parts. Use with caution. (S) - Tolerates sun in this planting zone. (SH) - Tolerates shade in this planting zone. Turf Grass - Seed Year-round Turf Grass Mix: Southland Sod - Marathon or Marathon II Pacific Sod - Medallion or Ecalibur or Equal d. Planting Time Due to the climate extremes of the Temecula Regional Center area, the installation of plant materials during the coldest winter months (December through March) and the hottest summer/fall months (July through September) can be difficult. Container plant materials not acclimated to the area can easily suffer from damage or sun/heat exposure resulting in partial or entire foliage loss even though such materials are perfectly suited to the temperature ranges once established. If planting must be done during these difficult periods, plant establishment may be difficult and require a prolonged period of lime. e. General Landscape Requirements All areas required to be landscaped shall be planted with turf, ground cover, shrub or tree materials selected from the plant palette contained in these guidelines. Planting shall commence as soon as slopes are completed on any portion of the site and shall provide for rapid short term coverage of the slope as well as long-term establishment cover per City standards. The developer shall provide a landscape bond to the City at the time that the landscape plan is approved. The bond is to guarantee the installation of interim erosion control planting in the event that the grading operation is performed and building construction does not commence within ninety (90) days. IV-29 The owners of parcels which require landscape development shall assess any existing common landscape areas adjoining their property. Where feasible, landscape development shall reinforce or be compatible with such existing common area setting. Cut slopes and fill slopes equal to or greater than three feet (3') in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen feet (15') in vertical height shall be planted with shrubs, spaced not more than ten feet (10') on center or trees spaced not to exceed twenV/feet (20') on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. The plants selected and planting methods shall be suitable for the soil and climatic conditions. Refer to the plant materials palette for the list of community-wide slope erosion control plants. Reference should be made to the City of Temecula standards for erosion control methods for slopes and other landscaped areas. f. Climate Constraints Plant material palettes for the Temecula Regional Center contained herein are compatible with the climatic setting of the area. The utilization of some materials, depending upon their site location, exposure and relationship to other influential factors may not be appropriate. 1) Temperature Generally, the extreme summer temperature is 110 to 115 degrees Fahrenheit and generally the minimum winter temperature is 10 to 15 degrees Fahrenheit. The average summer daytime temperature is 90 degrees Fahrenheit with the average nighttime temperature being 58-1/2 degrees Fahrenheit. The average winter daytime temperature is 65 degrees Fahrenheit with an average nighttime temperature of 38 degrees Fahrenheit. 2) Wind The prevailing summer wind direction is northwest at an average mean of five knots and an extreme mean of 43 knots. The prevailing winter wind direction is northwest at an average mean of four knots and an extreme mean of 49 knots. Extreme seasonal wind velocities may exceed 50 knots at peak gust periods. IV-30 3) Rain Average annual rainfall ranges from 12 to 18 inches per year. g. Horticultural Soils Test Requirements Soil characteristics within the Temecula Regional Center project may be variable. The owners of parcels which require landscape development shall procure a horticultural soils report in order to determine proper planting and maintenance requirements for proposed plant materials. Such a soils test shall be performed by a qualified agricultural laboratory and shall include a soil fertility and agricultural suitability analysis with pre-planting and post-planting recommendations. h. Irrigation The irrigation system shall be designed to conform to the State's Water Conservation Assembly Bill 325 and City of Temecula Water Conservation Ordinances in effect. All landscaped areas shall be watered with a permanent underground irrigation system. Irrigation systems which adjoin a separate maintenance responsibility area shall be designed in a manner to insure complete water coverage between the areas. Proper consideration of irrigation system design and installation in the climate extremes of the Temecula Regional Center area is critical to the success of the landscape inveslment.~ In particular, the combined summer elements of heat and wind must be carefully considered in proper irrigation design and equipment selection. Irrigation systems shall be designed with head to head 100 percent double coverage at a minimum. The Regional Center is located in Eastern Municipal Water District's (EMWD) jurisdiction. The project will use reclaimed water for irrigation purposes as it is made available by EMWD. Water saving irrigation equipment may include flow sensors, moisture sensors, and irrigation programs utilizing CIMIS (California Irrigation Management Information System) data. IV-31 C. SITE PLANNING GUIDELINES 1. Site Planning Concept The site planning concept for Temecula Regional Center was formulated to maintain visual consistency throughout the development and to create an enhanced environment. The goals of the Site Planning Guidelines are to control building placement, establish setbacks that create an integrated, yet distinctive appearance, optimize solar orientation, enhance major entries, and lessen the impact of disruptive elements such as service areas. To reinforce a consistent theme, buildings are to be sited to create an orderly plan. Each site is to have optimum visibility, street identity and appropriate access. Figures 27A, 27B, and 27C provide illustrative site plan concepts that could be applicable to the Regional Center. Clearly, a variety of site planning options are possible depending on market demand, futura tenant criteria and intelligent urban design responses. These illustrative concepts are intended to give decision-makers an idea of how the project can be implemented. They also provide future designers a starting point from which actual site designs should proceed. 2. Site Coverage Site coverage, as illustrated on Figure 1V-26A, is a vital component in creating a distinctive commercial environment. By limiting the area on which development may occur, a portion of each site can be devoted to formalized landscaping, compatible with the overall landscape program for Temecula Regional Center. Adequate parking and service areas are to be provided in a consistent manner throughout the project. The total building ground contact area divided by the total gross lot area should not exceed 32 percent. The total building ground contact area plus parking structures and ancillary structures divided by the total gross lot area should not exceed 50 pement. This criterion in not intended to influence allowable floor area ratio. 3. Winchester Road and Ynez Road Setbacks Building and landscape setback areas are necessary along street frontages and along interior and rear parcel lines. Landscape setbacks are also necessary between parking areas and buildings or property lines. A minimum building setback of 45 feet is required from the face of the curb on Ynez Road. A minimum building and parking setback of 37 feet is required from the face of the curb on Winchester Road. A minimum parking setback of 32 feet is necessary from the face of the curb on all other public streets shown on Figure 4, Circulation Plan. These setback areas shall be fully landscaped per Temecula Regional Center Landscape Guidelines. However, on-site driveways may be allowed IV-32 minor departures into the 32-foot-wide landscape zone. Building setbacks and a site section illustrated on Figures 26B and 26C. 4. Secondary Street Setbacks A minimum building setback of 40 feet is necessary from the face of the curb on all interior project streets with fights-of-way widths of 88 feet or wider. However, no such streets have been identified at this time. If, in the future, any streets with right-of-way widths of 88 feet or wider are proposed within the Temecula Regional Center, then these roads shall be required to comply with this standard. Within this setback, a minimum landscaped area of 32 feet from the face of the curb is to be provided. This area is to be fully landscaped per Temecula Regional Center Landscape Guidelines. Parking is permitted behind the landscape setback. The minimum building setback from streets and the landscaping requirement may be reduced or eliminated by either the Planning Director or an appropriate hearing body as part of the Development Review process for appropriate Design Manuals. 5. Side Yard and Rear Yard Setbacks A minimum building setback of 10 feet is necessary. A minimum 5 feet of landscaped area is required between all interior property lines and parking areas or access drives. When two lots are combined under one ownership or development agreement and are planned as a single site, the 5-foot landscape setback and minimum building setback between property lines can be eliminated. 6. Building Locations The placement of buildings on individual lots should take into account visibility, skyline and building massing effects throughout Temecula Regional Center. Building locations shall optimize off-site and on-site views. Solar orientation should be considered for natural lighting. Buildings shall be positioned on lots to avoid a haphazard appearance. Parking areas shall be discretely positioned and screened to minimize adverse visual impact. 7. Access and Driveways Access driveways to individual development parcels shall be designed to enhance traffic flow and reduce the interruption of landscaping and medians. Individual or shared driveways alone shall be coordinated with median openings. Where median openings are not available, driveways will be designated "right-turn-only." Driveways along secondary streets shall align with access points to neighboring properties across the street whenever practical. Driveways and parking areas shall be designed to incorporate provisions for sufficient vehicle stacking during peak periods, based on a site specific traffic analysis. IV-33 PROPERTY LINE PER LANDSCAPE CRITERIA PARKING ' PER PARKING CODE INCLUDING STRUCTURED PARKING GROUND CONTACT AREA' (50% MAXIMUM) Site Coverage BUILDING AND PARKING STRUCTURE IGROUND CONTAOT AREA ONLY, DOES NOT MPACT F.A.R.) PROPERTY LINE SURFACE PARKING PER PARKING CODE LANDSCAPE PER LANDSCAPE CRITERIA BUILDING GROUND CONTACTAREA 32% MINIMUM site Coverage BUILDING ONLY (GROUND CONTACT AREA ONLY, DOES NOT IMPACT F.A.R.) [V-34 FIGURE 26A FACE OF CURB LANDSCAPE PER LANDSCAPE CODE 45' SETBACK MINIMUM 10' MINIMUM SETBACK ~7'MINIMUM BUILDING SETBACKAT WINCHESTER ROADONLY Bu'~in Setbacks building only FIGURE 26B I I I I Z U~ FIGURE 26C 8. Entry Sequence The main entry to each site shall be planned to create a distinct entry statement. A landscape corridor and a separate drop-off area shall be developed to accent and introduce each building to visitors before entering the parking lot. The entry sequence shall incorporate monument signage, a landscaped corridor, visitor parking and drop-off areas, where applicable secondary access points may be planned, if required, for service and emergency purposes. 9. Parking Requirements Sufficient on-site parking shall be provided to accommodate all vehicles associated with the use of each site. No on-street parking shall be permitted. Designated spaces shall be provided in convenient locations for handicapped, cmpool, motorcycle and bicycle parking, as required by the State of California and the City of Temecula. Compact car parking is limited to 25% of the total number of parking stalls. Parking areas for motorcycles and bicycles shall be designed in an orderly uncluttered manner. Bicycle parking areas shall be provided with racks and locking capabilities. Parking areas shall be screened from view from public streets by means of landscaping and/or grading. Parking areas shall be landscaped to provide a shade canopy and pleasant appearance., Planters within parking areas shall be large enough to avoid crowding of plant material and damage by vehicles. See Landscape Guidelines for further information. Protected, landscaped pedestrian paths shall be provided through large parking areas to building entrances. Any parking beneath buildings or in parking structures shall be softened or partially screened by architectural design or landscaping. Parking requirements per use are as follows: All retail uses including power center, community retail and neighborhood shopping centers, including those with restaurants and cinemas: five (5) spaces per 1,000 square feet of gross leasable floor area. 2. Regional shopping centers: 4.5 spaces per 1,000 square feet of gross leasable area. 3. Hotels and motels: one (1) space for each room and two (2) spaces for the resident manager. Offices including financial institutions: four (4) spaces per 1,000 square feet of gross leasable floor area. 1V-37 Unless stated above, all other parking reqmrements shall comply w~th the C~ty of Temecula s Parki g Requirements. 10. Service~ Loading and Special Equipment Areas Service areas (including storage, special equipment, maintenance and loading areas) shall be screened with landscaping and architectural elements. The purpose is to screen these areas from adjacent buildings and streets. All service and loading areas shall be positioned so that service vehicles will not disrupt traffic flow to or from the site. Service and refuse collection areas are illustrated on Figure 26D. Loading areas are to be entirely on-site. Off-site vehicle loading shall not be permitted. Loading and service areas shall not be visible from the street except for a regional center, service areas must be located on interior building side or rear yards and concealed or screened from public view. Utility equipment and comanunication devices located on the grounds or roofs shall be screened so that the site will appear reasonably free of all such devices from nearby streets and parking areas. Utility lines for water, gas, sewage, electrical lines and communication shall be installed underground. Refuse collection areas shall be visually screened whenever possible with a solid perimeter wall using materials and colors compatible with those of the adjacent buildings. Except for a regional center, Refuse collection areas shall be located on an interior building side or rear yard whenever possible. Service, storage and maintenance areas shall be appropriately mitigated in conjunction with approval of City staff at the Development Plan stage of review. Suggested construction and maintenance mitigation measures include the following criteria: No materials, supplies or equipment, including trucks or other motor vehicles, shall be stored on-site except inside a closed building or behind architectural screening, to prevent visibility from neighboring property and streets. All storage areas shall be screened whenever possible by walls and, except for a regional center/mall facility, shall be located on the side or rear portions of buildings. Architectural screening shall be constructed of materials and finishes compatible with the adjacent building, and shall be designed and placed to complement the building design. 4. No service, storage, maintenance or loading area will extend into a setback area. IV-38 lANDSCAPE g ECTION I SERVICE YARD SERVICE AREA ') $OIJD WALL LANDSCAPE ~CREEN I ENCLOSURE $~0~' REAR yARD REFUSE COLLECTION AREA I~o39 FIGURE 26D 11. Exterior Walls and Fences Walls and fences am to be integrated with and complementary to the building architecture. No walls may be constructed within areas reserved for street side landscaping. Walls between the landscape setback area and building frontages may not exceed a height of 3 feet. Walls shall be designed as an integral part of the overall site design. They will be constructed with materials that are complementary to the style of adjacent buildings and inconporate compatible finishes and colors. Walls will be permitted along lot lines. Walls shall not exceed a height of 6 feet, however, walls proposed greater than 6 feet in height may be permitted, provided that they are used in an appropriate manner subject to City staff review at the Development Plan stage. 1V-40 D. ARCHITECTURAL GUIDELINES The following architectural guidelines are intended to be flexible and therefore illustrative in nature. Architectural design shall be in substantial conformance to this Specific Plan; however, actual building design and other elements related to design character shall be reviewed for approval by City staff at the Development Plan stage. Illustrative drawings in Figures 27D-27J depict possible architectural information of certain key locations within the Temecula Regional Center. 1. Architectural Concept The primary objective of this section is to establish guidelines which will influence the creation of a very unique, recognizable and consistent architectural character for the Temecula Regional Center. These guidelines are intended to encourage buildings to express their own individuality and still maintain a sense of overall harmony with each other. Buildings should be designed to project an image of permanence, charm, integrity and harmony. The architectural guidelines define how buildings will complement each other through aesthetic coordination of size and spatial relation- ships, materials, colors and exterior articulation. 2. Architectural Character The architectural character for the Temecula Regional Center shall be responsive to the surrounding geographical and topographical environment. The spectacularly rugged hills and lush green valley.~, form a very dramatic backdrop for the development. This natural setting shall influence architectural~ design. Buildings shall relate to human scale as much as possible, especially at ground floor building elevations and at pedestrian entries. Efforts shall be made to visually break up the mass of large or massive buildings wherever practical. Other elements of great importance to design character are solar and climatic conditions, freeway and vehicular orientation and pedestrian circulation. Architectural character shall be fresh and innovative, but with some reference to traditional design elements. Strict historical reproduction and high-tech modernism shall both be avoided. 3. Building Site Plannim, Building forms shall be designed to create and define visually attractive and functional exterior spaces. Buildings shall be arranged in coordination with one another to create an overall sense of unity. Buildings shall be sited in a manner that is sensitive to surrounding roads and public spaces, optimizing solar orientation. Random building relationships which create "residual" or ill-defined exterior spaces shall be avoided. (See Figure 27A, 27B & 27C, Illustrative Site Plan Alternatives.) IV-41 ooo ~T~is site plan is Ixovlded fo~ illus~'a~ve purpoae~ only. AcluaJ site plan configure- and building layoula will be de~ermined during Developmen! Plan Review. ILLUSTRATIVE SITE PLAN ALTERNATIVE I TEMECULA REGIONAL CENTER 27555 Ynez Road, Suite 202, ~'emecula, C~ 92591 IV-42 FIGURE 27A ILLUSTRATIVE SITE PLAN ALTERN~4~TIVE 2 This site p~an is Ixovlded kx ~]lustrath/e purpo~,es mY. ~ual s~ I~an co~flgura~on and IxJ~ing layouts will be determined during Oeveeoprnent Plan Review. TEMECULA REGIONAL CENTER K.C.D.C. 27555 Ynez Road, Suite 202, Temecula, Ca. 92591 FIGURE ~27B IV..43 ILLUSTRATIVE SITE PLAN ALTERNATIVE 3 This s~ plan i~ I~ded ~r illu~r~ve ~rposes only. Aotual site plan configuration and building layouls will be delermined duflng {:)eve~pmefll~ Plan Revlew~ TEMECULA K.C.D.C. 27555 ¥n¢~ Road, Suite 202, Temecula, Ca. 92591 FIGURE 27C This rendering is provided for illus~'ative purposes only. Actual buIIdln and elevations will be determined during Development Plan Review. ILLUSTRATIVE SITE RENDERING '~T~lq'I~F. ~ 7D This rendering is provided for illesb'atlve purposes only. ACtUal building designs end elevations will be determined during Development Plan Review. ILLUSTRATIVE SITE RENDERING FIGURE 27E J This mnderir~ is Ixovlded for illus~'alNe purposes only. AcluaJ building designs and elevations will be determined during Development Plan Review. W-47 ILLUSTRATIVE SITE RENDERING FIGURE 2~F '~'hls rendering Is provided for illustrative purposes only. Actuaj building designs and e.~vations will be determined during Development Plan Review. IV-48 ILLUSTRATIVE SITE RENDERING FIGURE 27G his rendering is provided for illustrate purposes only. Actual building designs and elevations Nil be determined during Developn~ant Plan Review. ]Fv'-49 ILLUSTRATIVE SITE RENDERING FIGURE 27H 11~is rendering is provided for illusl~aflve purposes only. Actu~buIIding designs and elevations w~ll be determined during Development Plan Review. T~. ILLUSTRATIVE SITE RENDERING FIGURE 27I This rendering is provided for illustrative purposes only. AcZuaJ butldlng designs and elevalJons will be determined during Development Plan Review. ILLUSTRATIVE SITE RENDERING FIGURE 27J 4. Skyline Building elements shall be organized in a manner that will result in a harmonious, yet distinctive skyline. Buildings and building complexes shall include a variety of heights to avoid monotony and add interest wherever possible. 5. Building Heights Building heights shall be sensitive to environmental and site planning concerns. Heights shall be determined by building use, building area/parking ratio, and setback requirements. Maximum building height for any use shall not exceed 120 feet. 6. Facade Articulation and Building Detail Facades shall be designed to convey a sense of order and enrichment through the interplay of light, shadow and texture. Facade articulation shall reinforce a sense of quality and integrity. Building proportions and fenestration details shall be carefully refined. Variety shall be emphasized both in building massing and fenestration, the goal being to create a rich vocabulary of architectural elements in harmony with each other. Decorative feature elements such as moldings, arches, deeply recessed glass lines, wainscots, grillwork, railings, pilasters, etc. are encouraged. Large glass curtain wall elements or other large uninterrupted masses are generally discouraged. 7. Building Base (Multi-Story Office and Business Park Development) The ground floor shall reflect a scale and character that identifies with the pedestrian and with building entrances. The ground floor shall contain distinctive architectural elements that are differentiated from a building's upper stories. Variations in materials, surface textures, height, colors, openings and recesses that create light and shadow are encouraged to enhance visual interest. The use of architectural elements that define and organize space at the ground plane, such as arcades, colonnades and covered walkways are encouraged. Continuous building cladding which extends all the way to grade without transition, is not desirable. Flush wall surfaces at ground level, and building facades at ground level which are the same as those at the upper stories shall be avoided. 8. Color Building colors (base wall colors, as opposed to accent colors) shall always be subtle, warm earth tones in a light to medium range. These colors may typically include off-whites, tans, grays, browns, golds, peaches, and other similar hues. Innovative color combinations are encouraged. IV-52 Accent colors and subtle changes in wall color may be utilized to add interest and to identify specialt areas or architectural elements, such as mullions, reveals, or special features. They shall not be'~' painted directly on wall surfaces or used as wide bands. 9. Materials Materials shall be used to enrich the building and to enhance the architectural character objectives outlined in the preceding sections. Materials to be encouraged are stucco, stone veneers, heavy timber woods, clear and tinted glass for windows. Other materials which may be considered for approval are limited use of brick, precast concrete with appropriate detailing, wood used for decorative purposes, and painted metal. Reflective glass, glass curtain wall, and wood siding are discouraged. 10. Roofs~ Penthouses and Mechanical Screens Roof types generally permitted include two-piece, terra cotta clay tile, flat composition roofs, and a combination of sloping clay tile and flat roof. Roof shapes and elements shall be visually integrated into the overall architectural concept. Roof-hat penthouses are not allowed. Roof-mounted mechanical equipment shall be screened on all sides. Mechanical screens and penthouses shall be integrated with the building facade whenever possible and constructed of compatible materials. Screens shall be continuous and solid. All rooftop mechanical installation locations shall be noted on the architectural plans. Building shall not be visually cluttered with utility and communication devices. Satellite dishes and antennas shall not be roof-mounted unless technically necessary and such installations should be screened from view from pedestrian areas and adjacent streets. 11. Service Areas Service areas shall be simple and efficient. They shall not interfere visually or physically with other building operations. Service areas Or trash storage bins shall be screened from view with doors, walls or landscaping. (See Site Planning Guidelines.) Screening of ground equipment in service areas shall be by solid walls that are compatible with adjacent architecture and materials. Service elements, such as truck docks and loading doors, shall be arranged in an organized manner. These elements shall be integrated with the building design. Cluttered service areas and unscreened mechanical equipment are not permitted. IV-53 12. Ancillary Buildings All major and minor structures shall share a common architectural theme and design character to provide an architectural unity for the entire project. Secondary buildings that are detached shall relate in a coherent, positive manner. Architectural expression should be consistent in color, materials and design. Conflicting building forms and images may not be permitted. 13. Parking Structures Parking structures where required shall be designed and constructed according to the highest standards of quality to ensure consistency with the architectural character planned for Temecula Regional Center. Parking structures shall be as unobtrusive as possible. Pedestrian and vehicular entrances shall be clearly identified and easily accessible to minimize pedestrian/vehicle conflict. The use of special architectural features and details shall be encouraged to provide the entrance with character and protection from weather. Sloped ramps must be designed to conceal their appearance from exterior walls. Parking levels may be stepped or terraced to visually soften the overall mass of the structure. Spandrels must be level and uniform. Rooftop parking shall be visually organized to provide a clear, orderly appearance for views from other buildings in the vicinity of the project. Rooftop lighting, landscaping, and screening of mechanical equipment shall be required. Materials and colors used in parking structures shall be consistent with the adjacent buildings which they serve. 14. Energy Considerations Buildings shall meet state energy efficiency and conservation guidelines for commercial construction. The use of passive and active devices and techniques is advocated to improve building energy performance. Use of systems which shift utility demand to off-peak hours is encouraged. Acceptable shading devices and techniques include recessed windows, overhangs and interior shading devices such as blinds and drapes. Rooftop solar collectors are allowed if they are visually screened from view and integrated into building design. 15. Street/Plaza Furniture and Bus Shelters Street, bus and plaza furniture and ornamentation, as well as bus shelters, located within the Temecula Regional Center shall be designed to coordinate in design, style and color with the principal architectural themes and/or architectural details of the primary buildings in the project, as appropriate. IV-54 E. SIGNAGE GUIDELINES Signage is an important element contributing to the identity of Temecula Regional Center. The following guidelines are intended to produce a consistent signage design that reinforces the collective image of Temecula Regional Center as a superior retail and business location, while maintaining opportunities for individual identity of each parcel. All signs shall be designed and constructed in conformance with these guidelines. Signage design as well as location, size and number of signs shall be subject to review and approval by City of Temecula for conformance to these guidelines. This will be done in conjunction with development plan submittals for individual projects. 1. Commercial Core Signage The commercial core will become a significant landmark for Temecula and Riverside County; the signage shall, therefore, reinforce this landmark image. Many different levels of signage are required for a commercial core, each part of a cohesive graphics program. The following types of signage are allowed: a. Major Site Identity Sign This type of sign may be part of a freestanding architectural element. Its chief objective is to identify the center as a whole from as far away as possible. Distinctive graphics, materials, colors, and lighting devices shall be used to incorporate this sign into the overall design theme of the Center. This sign shall particularly be read from Ynez, Margarita, Overland and Winchester Roads. anchor tenants and project name shall be identified on this signage element. b. Primary Entrance Sign Identifies primary project driveway entrances, includes project name and logo symbol. 2. Retail. Commercial Signage a. Primary Tenant Monolith (refer to Figure 27K) Identifies anchor tenants. Signs of this type shall be limited to major and minor entry points. Internally illuminated sign structure with pierced typography. Tenant identity must fit within graphic area as specified on Figure 27K. Sign area per tenant is forty-two (42) square feet. Anchor tenant letter type and colors may be allowed, subject to approval by the City. Total tenant signage area not to exceed sixty-eight (68) square feet. IV-55 PALM PLAZA* PRIMARY TENANT SIGN MONOLITH TYPICAL FIGURE 27K ~V-56 b. Secondary Tenant Monolith (refer to Figure 27L) Identifies tenants of shop buildings of the commercial center or as site design warrants. Design guidelines are shown on Figure 27L. Each tenant sign area shall be equal and will not exceed fifteen (15) square feet. Total tenant signage area not to exceed sixty (60) square feet. The colors shall match or be complimentary with the following colors: Teal Blue 2457, Yellow 2325, Blue 2050, Red 2793, White and Black or as specified by retailer as part of identity logo and advertising program. All colors are subject to review by the City through the Development Plan Review process. c. Tenant Building Identification (refer to Figures 27M, 27N, 270) Anchor tenants shall be defined as those of twenty thousand (20,000) square feet gross leasable area and above. Major tenants shall be defined as those between twenty thousand (20,000) and ten thousand (10,000) square feet. The sign area allowed for primary identification affixed to a building including logo and letters shall be as follows: I) Anchor Tenants Front wall of building - the surface area of the sign shall not exceed 10% of the surface area of the front face of the building. Side walls of a building - the surface area of sign shall not exceed 10% of the surface area of the side face of the building. Rear wall of a building - the~ surface area of the sign shall not exceed 5% of the surface area of the rear face of the~ building. Letter height shall not exceed five feet (5'), unless approved by the City. (See Figure 27M) 2) Maior and Minor Tenants Sign area shall be limited to 10% of the tenant's building fascia and as described in Figure 27N, attached heroin. Rear building signage area not to exceed 5%. Side wall signage area shall not exceed 10% of surface area of side wall. Wall tenant signage (refer to Figure 27P) on buildings shall be individual channel letters or a compatible design. Maximum letter height shall not exceed forty-eight inches (48") and the maximum sign depth for all signs shall not exceed five inches (5") unless approved by the City during the Development Review process. Sign face colors shall match or be complimentary with one of the following colors: Teal Blue 2457, Yellow 2325, Blue 2050, Red 2793, White, and Black. Up to two colors per sign face allowed. Anchor, major, and minor tenant letter type and colors may be allowed. All anchor and major tenants allowed rear and side building signage in conformance with above standards. IV-57 MEI~.V~N,S .SECONDARY TENANT SIGN MONOLITH FIGUI{E 27L IV-$8 d. Shop Tenant Fascia Identification (refer to Figures 270, 27P, 27Q) All on-building fascia signage shall be coordinated with other signage within the center. Letter height for shop and pad building tenants of zero to ten thousand (0-10,000) square feet shall be thirty-six inches (36") maximum subject to approval by the City. (See Figures 270, P, and Q) Sign depth not to exceed five inches (5"). Sign faces shall match or be complimentary with the following colors: Teal Blue 2457, Yellow 2325, Blue 2050, Red 2793, Orange, White, and Black, or as specified by retailer's requirements. e. Tenant Window Identification Store identity, graphics, typography and/or logo may be silkscreened or etched on the tenant's window in white only. The maximum square foot graphic area allowed per window is four (4) square feet; provided, however that in-store neon type signage shall not exceed eight (8) square feet in size. No graphic signs will be allowed on the doors. Window signs are any signs permanently adhered directly to the window. Window signs shall not be internally illuminated. A neon sign shall be permitted subject to approval by the City. f. Temporary Window Signs Temporary window signs are allowed if they follow the following criteria: Temporary window signs are those signs which advertise or promote a special event, such as an opening, or offerin product or service, and are easily removed. 1) Sign graphics of any nature painted directly on a window shall not be considered a temporary window sign. 2) A window sign advertising or promoting any product or service offered on a regular basis or at a regular price shall not be considered a temporary window sign. 3) Temporary window signs shall not be illuminated, shall be limited to 12% of the tenant's storefront glass area, and shall be displayed no more than 14 days. 4) Flashing or moving signage is prohibited. g. Under Canopy Hanging Sign (refer to Figure 27R) Each tenant may have one hanging sign per building. Shop sign consists of a standard frame unit attached onto truss or trellis. Tenants are required to custom design a sign within the standard frame unit, four-foot (4) maximum square footage, four-inch (4") tall letters maximum. Materials shall coordinate with overall building architecture and may be metal, painted plexiglass 1V-61 FIGURE 27P wOOD FASCIA WOOD S11J~ C~,.,,~R SILICON SF. AI~NT ,', T ALL PEN~I'T~A TIONs PLEXICLAS FACE :,- NON-S'I'AININC; SHJNI LIMIT'PENETRATION TO REVEAL WOOD STUD P-~.- HOUSINC ER AND WI]~'~IC SHEA THINC SIGN CDNTR^CTO; -'BOX ~Y SLDC. CONTR^CT~R L, ACC."~S PANEL B~PLE SIGN DETAIL AT FASCIA INDIVIDUALLY ILLUMINA TED CHANNEL LETTERS W/ PLEXIC;LA$ FACt ZV-62 WALL SIGN FIGURE 27Q Vunut, iuna SILHOUETTE UGHTED INDIVIDUAL LETTERS FACADE ME'TAL L=. ~ 1 ERS LIGHTING LE,'r'i'ER HGT AND ARE.: AS SPECIFIED S"r' TENANT SIGN CRITERIA ABOVE lrV-63 UNDER CANOPY HANGING SIGN FIGURE 27R or other compatible high-quality materials. Colors shall match or compliment the following colors Teal Blue 2457, Yellow 2325, Blue 2050, Red 2793, White, and Black. h. Banners, Pennants and Awnings Banners, pennants and awnings are allowed and shall be compatible in form, color and style with the design character of the architecture. 3. Office/Hotel/Institutional and Business Park Signage a. Site Identification Signs Site identification signs are limited to identifying the complex, building, or company occupying the site. Site identification signs are limited to one per street frontage for frontages under 400' in length. An additional site identification sign may be allowed for every 400' of additional street frontage or at each entry and at each minor or major entry. b. Site Identification, Street Frontage Street frontage signs shall be located within the street side landscaping zone and should be perpendicular to the street. Signs shall not be located within vehicular sign distance zones for intersections and entry drives. Landscaping adjacent to these signs shall be coordinated with the~ requirements of the Landscape Guidelines. This sign type may be illuminated by halo lit individual~ letter, concealed ground level flood lights, or back cut letter signs in a metal can. No fully illuminated sign cans are permitted, except for hotel-related uses. Design form, materials and colors shall relate to building design guidelines criteria. Special allowances may be made for signs which incorporate architectural elements complementing the building design and architectural character of the development. c. Building Identification Signs Building identification signs are limited to identifying major occupants, ground floor retail tenants and restaurants, hotels, theaters, special events facilities, building addresses and operating hours. Building identification graphics should consist of individually fabricated letters and/or symbol or back cut letter signs in a metal can. Enclosed sign forms are generally not acceptable. The graphics for these signs may be constructed of aluminum, bronze, brass, or stainless steel unless otherwise approved by Temecula Regional Center, or its designee. Colors should be harmonious with the architectural colors or white. Any applied graphics must be attached to the building without the use of visible attachments, the building wall materials and sign attachments shall be designed to withstand the weight of the graphics and shall be able to accommodate changing of graphics when tenant changes occur. IV-65 Building signs are limited to one sign per street frontage. Either a building-mounted sign or a ground-level monument sign may be used on the same street, but not both. d. Ground Floor Commercial Tenants and Restaurants This wall sign type is reserved for commercial tenants and restaurants requiring special ground floor recognition. Special signing treatments on entrance awnings or canopies are allowed. 4. Theaters and Special Event Facilities Identification and program information for theaters and special event facilities may be provided by theater monuments and/or marquee signs. These signs, if provided, shall consist of a permanent portion displaying the name of the theater, auditorium, hotel or special event facilities and, if desired, may also include a changeable section accommodating program information. These signs may be either attached directly to the building or erected as free-standing signs. These signs shall not extend above the height of the predominant roofline of the building if attached directly to the building. Freestanding signs cannot exceed a maximum of twelve feet (12') in height. These signs may be illuminated internally, however, the permanent portion must have an opaque background, with only the message portion illuminated. 5. Building Address Building address numbers shall be displayed on every building at or as close as possible to the main entrance. The numerals shall face the street, access road or the approach walkway, as necessary. The address numbers may be non-illuminated and of a material and form consistent with other building identification signing used on the same structure or with materials listed in previous sections. Number height shall be no larger than 12" and no smaller than 8". The numbers may not appear to be the dominant graphic device on the facade of any building. 6. Vehicular and Pedestrian Signs Vehicular and pedestrian signs provide information, directions and regulations for exterior parking and circulation on site. To keep their number to a minimum, vehicular and pedestrian signs shall be placed only where information is required. The use of symbols to reinforce information (such as no parking, loading zone and handicapped parking) is encouraged. Wording shall be kept to a minimum. The signs may be constructed of aluminum, fiberglass, stone or concrete. Stucco is an unacceptable material. Colors for the sign shall harmonize with project architectural colors and include white. Color, style and letter height of all copy on the same sign shall be coordinated and consistent with IV-66 building design. All copy will be silk-screen painted or vinyl die cut. Height and size of letters andl~I graphics are subject to approval of the Temecula Regional Center, or its designee. Lighting for this~ sign type is not allowed. 7. Directory Signs Multiple tenant directory signs shall be located on-site or in the street parkway landscaping zone adjacent to the site entry. This sign shall be designed to be compatible with other signage within Temecula Regional Center, but may consist of a painted metal portion containing replaceable tenant sign panels, and a natural concrete base. Tenant lettering may be routed into the metal sign panel. The building address may be attached or incised into the concrete base. If located in the street parkway, the metal sign shall be painted the same color as street frontage monument sign panels. This sign may be lit with concealed ground level or internal illumination. 8. Parkine Signs a. Directional Signs Parking directional signs are to provide directional information to, from or through a project. The information provided shall be kept to a minimum (e.g., visitor parking, monthly parking) and should use directional arrows where appropriate. b. Restrictive Signs Parking restriction signs are used to provide restrictive information (e.g., no parking, permit only, and handicapped only). 9. Temporary Signs Temporary signs for Temecula Regional Center are limited to future facilities, leasing, directional, and construction fence signs. All construction and marketing signing must be contained on one of these sign types. No other necessary temporary signs are allowed. All signs are to be designed and built according to specific coordinated requirements for dimensions, materials and colors provided by the Temecula Regional Center, or its designee. All temporary signs require design and location approvals from both the Temecula Regional Center and the City of Temecula. 10. Future Facilities Signs This sign type serves only to identify the future site, project, or company facilities under development. IV-67 Information on this sign is limited to: For Sale, For Lease, Futura Home of, etc. Type of name of development Type and area of space available Major tenant or developer Financial institution General Contractor Amhitect Leasing Agent Occupancy Date Phone Number Optional Rendering The sign shall consist of: A major information panel 2-8 rider panels An optional phone number panel Signage design shall be compatible with Regional Center Tenant monolith signs. These signs may be single or double-faced and parallel or perpendicular to the roadway. This sign type may be displayed until the building is 90 percent occupied or until 12 months after initial occupancy, after which they must he replaced by leasing signs. 11. Leasing Signs This sign type serves only to identify sales or leasing opportunities for completed buildings after initial occupancy. Information on this sign is limited to: For Sale, For Lease, etc. Type and area of space available Leasing agent Phone Number The sign should consist of: A major information panel An optional phone panel IV-68 A base Primary information should be given on the major panel, secondary information on the rider panels. Basic sign design shall be compatible with Regional Center Tenant monolith signs. These signs may be single or double-sided and parallel or perpendicular to the roadway. Locations and setbacks must be approved by the Temecula Regional Center or its designee and the City. a. Regulations This section establishes guidelines to control and ensure the quality of ail signs within Temecula Regional Center. Included are compliance requirements, general design and construction specifications, and signs which are not allowed. b. Compliance No person, firm or corporation shall erect, construct, enlarge, alter, rebuild, move, improve, convert, demolish, or remove any sign, sign structure, or banner standard; nor shall they paint a wail sign; nor shall they cause or pen'nit the same to be done, except upon approvai. Any non-conforming or unapproved signs must be removed or brought to compliance at the sole expense of the persons responsible for their installation, within 30 days of issuance of notice of non- conformity. 12. Signs Not Permitted Signs which incorporate any manner of mechanical movement, audible elements, flashing, or intermittent lighting and/or moving or otherwise animated forms. Signs which interfere with or conflict with any traffic control device, create a safety hazard by obstructing the clear view of pedestrian or vehicular traffic, project into the public fight- of-way or interfere with efficient operations of emergency vehicles. Signs preventing free access to or from any fire escape, door, window or exit or access to any standpipe. Signs which project above a parapet or roofline or which are located upon or affixed to the roof of a building. Off-premise signs, including signs or graphics applied to parked vehicles for nearby vendor identification. f. Signs or graphics painted directly on exterior of buildings. g. Landscaping that becomes a sign or message. IV-69 Signs where the entire face of the sign is illuminated rather than just the graphics. Graphics painted on or adhered to trash bins or their enclosures. Sign cabinets with entire faces of plexiglass. Any sandwich board "A" frame sign or other portable sign. Signs which identify or advertise a product or service not available on the property. Any sign placed or displayed on vehicles parked primarily for the purpose of displaying the sign. Temporary signs beyond approved period of display. General Sign Specification All permanent signs should be designed, spefified and fabricated to have a life expectancy of at least ten years. All sign design should be approved by the Temecula Regional Center or its designee, for design, color, sign layout, location, and size. All signs being attached to the building facade, parapets, etc. should be reviewed by the building architect. All building-mounted signs should be compatible in size, material, and color with the architecture of the building to which they are attached. All materials should be a top quality that will not face, delaminate, distort, and/or deteriorate within ten years. All signs must meet or exceed all applicable codes (i.e., electrical, mechanical structural, ctc). The area of sign with individually applied letters and/or symbol may be measured by a rectangle around the outside of the letters and/or symbol. No junction boxes or exposed conduit may be permitted on the exterior face of a sign or building. No exposed raceways will be permitted under any circumstances. IV-70 All raceways, transformers, or electrode boxes or other wiring should be located in f ceiling spaces or behind walls or sign background. All signs, bolts, fastenings, and clips of all types should be hot dipped galvanized iron, stainless steel or brass. No black iron materials of any type will be permitted. The disconnect switch will be concealed within the sign or in an appropriate place that is out of view. All signs containing electrical components will be U.L. approved. Access hatches should be concealed from view and designed as an aesthetic part of the sign. Access hatches should be waterproof and lightproof. All identification labels, except labels that are required by code, should be concealed. Required labels should be minimum contrast and placed where they are not a dominant feature of the sign. Fabricator identification or advertising labels and plates are strictly forbidden. Except as noted otherwise, surfaces which are intended to be flat shall be without bulges, oil..~ canning or other physical deformities. All welded seams on the sign face should be finished smooth and not be visible. Signing should meet all requirements of the City of Temecula. City sign permits must be obtained as required. W-71 F. LIGHTING GUIDELINES 1. Lighting Concept As with landscape and signs, lighting is also an important element contributing to the identity and unity of Temecula Regional Center and its place in the City of Temecula. All streets and commercial developments in Temecula Regional Center shall have uniform lighting standards with regard to style, materials and colors in order to ensure consistent visual environment and the appropriate architectural theme. All lighting fixtures in the Temecula Regional Center project area shall comply with the following regulations and provisions. Lighting design shall be reviewed by City staff for approval at the Development Plan stage. The level of on-site lighting, as well as lighting fixtures, shall comply with any and all applicable requirements and policies of the City of Temecula and Mount Palomar Observatory, except that the maximum height for parking lighting fixtures shall not exceed forty feet (40'). Energy conservation, safety, and security should be emphasized when designing any lighting system. All outdoor lighting, including spotlights, floodlights, electrical reflectors and other means of illumination for signs, structures, landscaping, parking, loading, unloading, and similar areas shall be focused, directed, and arranged to prevent glare and illumination on streets or adjoining property. Low-pressure sodium, low intensity, energy conserving night-lighting is preferred. Co All exterior lights shall be shielded and focused to minimize spill light into the night sky or adjacent properties per applicable Mount Palomar and City ordinances. Lights shall be of unbreakable plastic, recessed, or otherwise designed to reduce the problems associated with damage and replacement of fixtures. Fixtures shall be vandal proof, yet should not look institutional. All exterior lighting designs shall develop a sense of hierarchy by varying fixtures. Proper lighting helps to define the organization of streets and plazas; and also distinguishes vehicular and pedestrian circulation pattems. Entry areas (both pedestrian and vehicular), public plazas, community facilities, and highly used recreation areas shall be creatively lit to develop a sense of place and arrival. All exterior lighting designs shall address the issue of security. Parking lots, pedestrian walkways, and building entrances shall be well lighted for security reasons. IV-72 Service area lighting shall be contained within the service yard boundaries and enclosure~ walls. Minimal light spillover should occur outside the service area. The light sources is not~' to be visible from the street. The lighting concept of the entry monumentation features is to illuminate the sign graphics and to gently wash the walls and pilasters with light. Trees and other landscape features will be illuminated by ambient light bouncing off the entrance walls. 2. Street Lighting Street lighting shall be coordinated throughout Temecula Regional Center and shall complement the architectural and design themes for the project. Lighting design shall comply with all applicable City of Temecula and Mount Palomar lighting standards, as well as the guidelines set forth in this Specific Plan. 3. General On-Site Lighting Parameters To ensure consistency throughout the Temecula Regional Center, on-site lighting must conform to the overall lighting parameters for the Temecula Regional Center, including the following: On-site lighting includes lighting for parking areas, vehicular and pedestrian circulation, building exteriors, service areas, landscaping, security, and special effects. All exterior on-site lighting shall be shielded and confined within site boundaries. rays or glare are permitted to shine onto public streets or adjacent lots. c. Lighting fixtures are to be of clean, contemporary design. The location and design of all lighting shall be approved by the Temecula Regional Center, or its designee. 4. Vehicular Circulation and Parkine Area Li~,hting All vehicular circulation and parking lot lighting shall be zero cut-off fixtures. Pole footings in traffic areas shall be above grade. They may be round or square. Fixture orientation shall be parallel or perpendicular to parking or driveway alignments. Skew angles shall be permitted. To achieve accurate landscape rendering, the luminaries shall be metal halide. IV-73 5. Pedestrian Area Lightino Walkway lighting will be zero cut-off fixtures mounted at a uniform height no more than 8' above the walkway. Building entries shall be illuminated with soffit, bollard, step, or comparable lighting. Step or bollard lighting will be used to clearly illuminate level changes and handrails for stairs and ramps. Courtyards, arcades and seating areas shall be lighted to promote pedestrian use and safety. A variety of lighting will be used to create interest and special effects in coordination with the character and function of the area. Bollards may be used to supplement and enhance other pedestrian area lighting. Bollard height may not exceed forty-two inches (42"). 6. Architectural Lighting Architectural lighting effects are encouraged to promote nighttime identity and character. All exterior architectural lighting shall utilize indirect or hidden light soumes. However, dramatic specialty lighting such as exposed neon or "Tivoli" lighting are appropriate. Acceptable lighting includes wall washing, overhead lighting, and interior lighting that spills outside. 7. Service Area Lightim, Service area and security lighting must be visible only within the limits of the service area. Lighting may be zero cut-off fixtures. "Wall-Pak" type fixtures will be used only in service areas and only when direct visibility is confined to these areas. Service area and security lighting will not be substituted for pedestrian, architectural, or parking area lighting. Freestanding fixtures shall be painted the same as parking area fixtures. Any wall-mounted fixtures shall be compatible with adjacent wall materials. 8. Accent Li~,htin~, Unique lighting may be used to feature architectural elements, landscaping, entries, and pedestrian areas, provided it is compatible with other lighting. Accent lighting used in landscaping and pedestrian areas shall employ light sources such as metal halide or memury lamps in order to accurately render plants, lawns, and skin colors. 1V-74 ATrACHMENT NO. 6 OPERATING MEMORANDUM LIST OF RESTRICTED USES FOR LOT 3 R:\G P A~PA01-0418 Eli Lil[y~Agenda Report CC 01-14-03.doc 16 List of Uses Exclusions for Lot 3 (October 15, 2002) The followinq uses shall not be allowed: 1. Alcoholism or drug treatment facilities 2. Alcoholism or drug treatment (outpatient) 3. Auditoriums and conference facilities 4. Automobile sales (brokerage) - showroom only (new and used) - no outdoor storage 5. Automobile repair services 6. Automobile service stations, with or without an automated car wash 7. Automobile oil change/lube services with no major repairs 8. Automobile service stations selling beer and/or wine 9. Building material sales 10. Car wash, full service 11. Community care facilities 12. Congregate care housing for the elderly 13. Convenience market (ie. a mini mart and similar styles of C-store) 14. Dry cleaning plant 15. Funeral parlors, mortuary 16. Health care facility 17. Kennel 18. Liquor stores 19. Mini-storage or Mini-warehouse facilities 20. Nightclubs/taverns/bars/dance club/teen club 21. Pawnshop 22. Pest control services 23. Restaurant, drive-in/fast food 24. Taxi or limousine service 25. Wedding chapel R:\G P A\PA01-0418 Eli Lilly~Agenda Report CC 01-14-03.doc 17 The followinq uses are further limited or clarified 1. Grocery store, retail - is clarified to include specialty markets and smaller full service markets and stores. 2. Equipment sales and rental (no outside storage) - excludes heavy machinery and equipment, and trucks. 3. Floor covering sales - showroom facilities only with no outside storage. 4. Guns and firearm sales - shall be allowed as accessory of a larger sporting good or general merchandise store. R:\G P A\PA01-0418 Eli Lilly~Agenda Report CC 01-14-03.doc 18 ATTACHMENT NO. 7 DEVELOPMENT AGREEMENT NOVEMBER 9, 1999 R:\G P A\PA01-0418 Eli Lilly~Agenda Report CC 01-14-03.doc 19 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of the 9thday of November, 1999 ("Agreement Date"), by and between ELI LILLY AND CO,, (hereinafter ,OWNER,'), and the CITY OF TEMECLrLA, a municipal corporati°n, orga~zed and existing ~der the laws of the State-of Califon~ia (hereihaft~r "CITY"), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code (the "Development Agreement Legislation") and Article XI, Section 2 of the California Constitution~ This Agreement is predicated upon the following facts: A. These Recitals refer to and utilize certain capitalized terms which are ' defined in this Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Redtals. B. The Development Agreement Legislation authorizes CITY to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high q~iality devel°Pment in accordance with comprehensive plans; provide certainty.in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; and provide for economic assistance to OWNER for the entitlements authorizing development related improvements. C. oWNER.is the Owner of certain real property within the County of Riverside, State of California (the "Property"), as more particularly describedin Exhibit "A" attached hereto and made a part hereof. OWNER desires to develop the Property in accordance with the provisions of this Agreement, the applicable regulations 0fthe City . of Temecula and those regulations of other agencies exercising jurisdiction upon the project. The Scope of Development of the Property as ~ontemplated by this Agreement is described in the Agreement in Section 1.15. L\TEMECULA'~,ELILILLY~DEVAGR 3D/99 I D. OWNER has applied for, and. CITY has granted this Agreement in order to create a beneficial project and a physical environment that will conform to and complement the goals of CITY,'create a development project sensitive to human needs and values, facilitate efficient traffic circulation, and develop the Property. As part of the process of granting this entitlement, the City Council of CITY (hereinafter the "City CounCil'') has [equired the preparation of an environmental review and has issued a Negative Declaration .as regards any significant effects arising from the Project and has otherwise carried out all requirements of the California Environmental Quality Act CCEQA") of 1970, as amended. Project: The following actions were taken with respect to this Agreement and the 1. On .9/20/99 , following a duly noticed and conducted public hearing, the City Planning Commission recommended that the City Council approve this Agreement; 2. On ,a/~ 0/00_ , after a duly noticed public heating and pursuant to CEQA, the City Council adopted.the Negative Declaration for this Agreement and the project; 3.' On .10/10/99 , after a duly noticed public hearing, the City Council determined that the provisions of this Agreement are consistent with the General Plan of the CITY; 4. On 10/19/99 , after a duly noticed public heating, the;City Council introduced Ordinance No. 90-27 . approving and authorizing the execution of this Agreement and on ' 11/9/99 a the City Council adopted the Ordinanee~ a copy 0f Which is on file in the Development Services Department at the CITY, and adopted the findings and conditions pertaining thereto, including those relating to the environmental documentation for the Project. F. The CITY has engaged in extensive studies and review of the potential impacts of the Project as well as the various potential benefits to the CITY by the development of the Project and concluded that the Project is in the best interests of the City. G. In Consideration of the substantial public improvements and benefits to be provided by OWNER and the Project, and in order to strengthen the public financing and planning process and reduce the economic costs of development, by this Agreement, CITY intends to give OWNER assurance that OWNER can proceed with the development of the Project for the Term of this Agreement pursuant to the terms and L\TEMECULAkELILILLY~DEVAGR 3D/99 '9 conditions of this Agreement and in accordance with CITY's General Plan, ordinances, policies, roles and regulations existing as of the Effective Date. In reliance on CITY's covenants in this Agreement concerning the Development of the Property, OWNER has and will in the future incur substantial costs in site preparation and the cons~'Uction and installation of major infrastructure and facilities in order to make the Project feasible. H. Pursuant to Section 65867.5 of the Development Agreement Legisiati°n,' the City Council has found and determined that: (i) this Agreement and the Existing ProjeCt Approvals implement the goals and policies of CITY's General Plan, provide balanced and diversified land uses and impose appropriate standards and requirements with respect to land development and usage in Order to maintain the overall quality of life and the environment within CITY, (ii) this Agreement is in the best interests of and not detrimental to the public health, safety and general welfare of CITY and its residents; (iii) adopting this Agreement is consistent with CITY's General Plan and constitutes a present exercise of the CITY's police power; and (iv) this Agreement is being entered into Pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Legislation. I. CITY and OWNER agree that it maY:be beneficial to enter into additional agreements or to modify this Agreement with respect to the implementation of the separate components of the Project when more information concerning the details of each component is available, and that this Agreement should expressly allow for such contemplated additional agreements or modifications to this Agreement. NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Legislation, as it applies to CITY, pursuant, to Article XI, Section 2 of the California Constitution, and in consideration of the foregoing recitals of fact, all of which are expressly incorporated into this Agreement, the mutual covenants set forth in this Agreement and for the further consideration described in this Agreement~ the parties agree as follows: 1. Definitions. The following words and phrases are used as defined terms throughout this Development Agreement and each defined term Shall have the meaning set forth below. 1.1. Authorizine Ordinance. The "Authorizing Ordinance" means Ordinance No. 99-27 approving this Agreement. 1.2. · CITY. The "CITY" means the City of Temecula, California a municipal corporation, duly Organized and existing under its charter and the Constitution and laws of the State of California, and all of its officials, employees, agencies and departments. L'~TEMECULA~ELILILLY~DEVAGR 3/9/99 3 1.3. City_ Council. "City CoUncil" means the duly elected and constituted city coUncil of the CITY. 1.4. ]Development. "Development'' means the improvement of the Property for purposes consistent with the Project's land use authorization, including, without limitation: grading, the construction of infrastructure and public facilities related to the Off-site Improvements and on-site Improvements, the construction Of structures and buildings and the installation 0f landscaping. 1.5.. Development Agreement Legislation. The "Development Agreement Legislation" means Sections 65864 through 65869.5 0fthe California Govemment Code as it exists on the Effective Date. 1.6. Development Fees. "Development Fees" means development impact and. processing fees imposed on the Development as conditions of development and limited as more particularly set forth in Section 4.3. 1.7. Development Plan. The "Development Plan" consists' of this Agreement, the Existing Regulations, and those Future Devtlopment Approvals, if any, contemplated, necessary~ and requested by OWNER to implement the land uses author[zed by the Project. 1.8. ~. "EffeCtive Date" means the date the Authorizing Ordinance becomes effective. 1.9. ~lg2~allalio~. "Existing Regulations" means those ordinances, roles, regulations, policies, requirements, guidelines, constraints or other actions of the CHOY, other than site-specific Project Approvals, which purport to affect, govern or applY to the Property or the implementation of the Development Plans in effect on the Effective Date. Existing Regulations shall also include the text of the zoning district designations of any combination of Community Commercial, Service Commercial, Office Professional or High Density Residential for the site of the Project. 1.!0. Future Development Approvals. "Future Development Approvals" means those entitlements and approvals contemplated, necessary, and requested by CITY or OWNER to develop the Property subsequent to completion of the Project and approved by the City currently upon or after the Effective Date. The parties hereto expressly anticipate Owner will institute mixed uses on the property that may include some combination of Business Park-Light Industrial, Office Professional, Residential. and Commercial uses. The CITY shall cooperate with OWNER, pursuant to Section 3.1.3., if OWNER Undertakes to implement a Planned Development Overlay zoning district for the purposes of authorizing the intermixing of these uses. L\TEMECULK~ELILILLY~DEVAGR 3/9/99 4 1.11. Off-site Improvements. "Off-site Improvements" means physical infrastructure improvements or Facilities which are not and will not be located on the Property. 1.12. On-site Improvements, "On-site Improvements" means physical infrastructure improvements or facilities that are or will be located on the Property. 1.13. OWNER. "OWNER" is initially ELI LILLY AND COMPANY., an Indiana corporation. 1.14. nh' ' ' . "Planning'Commission" means the duly appointed and constituted planning commission of CITY. 1.15. Pro_iect. "Project" means changes in General Plan Land Use and City Zoning Map designations, as well as any associated specific plan amendments and environmental review for the approximately 37.4 acres located generally north of Solana Way, west of Margarita Road, south of Overland Drive; and east of Ynez Road as depicted on Exhibit "B", that are necessary to allow some combination of Business Park, Light Industrial, Office Professional, High Density Residential, and/or Commercial uses thereon: This Agreement envisions that the following changes will be made so as to encourage a high quality development that enhances the City's economic base, 'complements other developments in the vicinity, responds, to market demands as seen by OWNER, and that is compatible with the Surrounding area. These changes could include the following: 1. That the southerly +/-20.7 acres may be redesignated to primarily High Density Residential. 2. That the western half of the northerly +-16.7 acres may be redesignated to either Service or Community Commercial. 3. That the castem half of the northerly +-16.7 acres may be redesignated to eiiher Community Commercial or High Density Residential. 1.6 Pro_iect Approval. "Project Approval" means the accomplishment of the legislative land use amendments as described in Section 1.15. L\TEMECULA~EL1LILL3t~DEVAGR 3/9/99 5 2. (~neral Provisions. 2.1. ~lJag~dllll~. The provisions of this Agreement to the extent permitted by law shall constitute covenants which shall mn with the Property for the benefit thereof, and the benefits and burdens of this Agreement shall bind and inure to the benefit of the p~gties and all successors in interest to the parties hereto~ 2.2. Interest of OWNER. OWNER represents that OWNER has a legal interest in the Property. 2.3. Term. The term (hereinafter called "Term") of this Agreement shall commence on the Effective Date and shall extend for a period of twenty (20) years thereafter terminating at the end of the day preceding the twentieth (20th) anniversary of the Effective Date, subject to specific extensions, revisions and termination provisions of this Agreement. 2.4. Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: 2.4. 1. If termination occurs pursuant to.any specific provision of this Agreement; 2.4.2. Completion of the total build-out of the Deve. lopment pursuant to the terms of this Agreement and the CITY's issuance of all required occupancy permits and acceptance of all dedications and improvements required'to complete Development; or 2.4.3. Entry after all'appeals have been exhausted of a final judgment or · issuance of a final order directed to the CITY as a result of any lawsuit filed against the CITY to set aside, withdraw, or abrogate the approval of the City Council of this Agreement for any part of the Project. The termination of this Agreement shall not affect any right or duty arising independently from entitlements issued by CITY or other land use approvals approved prior to, concurrently or subsequent to the approval of this Agreement. 2.5. Transfers and Assignments. .2.5.1. ]gJghI..t_o_~.~. OWNER shall have the right from time to time and on such number of occasions as it chooses to sell, assign or otherwise txansfer all or any portion ofits interests in the prOperty together with all its right, title and interest in. this Agreement, or the portion thereof which is subject to transfer (the "Transferred L\TEMEcuLA~ELIL1LLY~DEVAGR 3/9/99 6 Property") to any person or entity at any time during the Term of this Agreement; Provided, however, that any such transfer or assignment must be pursuant to a sale, assignment or other'transfer of the interest of OWNER in the Property, or a portion thereof. In the event of any such sale, assignment, or other transfer, (i) OWNER shall notify CITY within twenty (20) days of such event of the name of the Ixansferee, together .with the c0rresP0ndigg emitlemems b_eing t~ansferrec[.t0, spch transfer9~ and (ii). the ag~eement between OWNER and such'txansferee pertaining to such tmnsf~r Shall provide that either OWNER or the transferee shall be liable for the performance oi'those obligations of OWNER under this Agreement which relate to the Transferred Property, if any.. Each transferee and OWNER shall notify cITY in writing which entity shall be liable for the performance of each respective obligations. 2.5.2. Rights of Successors and Assigns, Any and all successom and assigns of. OWNER shall hav. e all.of the same rights, benefits and Obligations of OWNER under this Agreement. 2.6. Amendment Of Development Agreement. 2.6.1. Initiation of Amendment. Either party may propose an amendment to 'this Agreement and both parties agree that it may be beneficial to enter into additional agreements Or modifications of this Agreement in connection with the · implementation o.fthe Separate components of the Project.· 2.6.2. Procedure. Except as set forth in Section 2_:6.4 below, the procedure£or proposing and adopting an.amendment to.this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance. 2.6.3. Consent. Except as expressly provided in this Agreement, any amendment to this Agreement shall require the written consent of both parties. No amendment to all or any provision of this Agreement shall be effective unless set forth in writing and signed by duly authorized representatives of each of the parties. 2.6~4. l~ll.~l~llllram~. The parties acknowledge that refinements and further development of the Project may demonslxate that changes are appropriate with respect to the details and'porformance of the parties Under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Development and with respect to those items covered in general terms under this Agreement. If and when the parties mutually find that changes, adjustments, or . clarifications are appropriate to further the intended purposes of this Agreement, they may, Unless otherwise required by law, effectuate such changes, adjustments, or clarifications without amendment to this Agreement through operating memoranda mutually approved by the parties, which, after execution, shall be attached hereto as L\TEMECUI~ELI LILLY~DEVAGR 3/9/99 7 addenda and become a part hereof and may be further changed and amended from time to time as necessary, with further approval by City Manager, on behalf of the CITY and by any corporate Officer or other person designated for such purpose in a writing signed by a corporate officer on behalf of OWNER. Unless otherwise required by law or by the Project Approvals, no such changes, adjustments, or clarifications shall require prior notice or heari_ng. 3. Description of Development. 3.1. Development and Control of Development. 3.1.1. Pro_iect. While this Agreement is in effect, OWNER shall have' the vested right to implement the Development authorized by the Project pursuant to this Agreement and the Project Approvals and CITY shall have the right to control the' Development in accordance with the terms and conditions of this Agreement. Except as otherwise specified in this Agreement, theExisting Regulations Shall control the.design and Development, Future Development 3/pprovals and all On-Site Improvements and Off-Site Improvements and appurtenances in connection therewith. 3.1.2. Timing of Development. Regardless of any future enactment, by initiative, or otherwise, OWNER shall have the discretion to develop the Future Development in One phase or in multiple phases at such times as OWNER deems appropriate within the exercise of its subjective business judgment. Specifically, CITY agrees that OWNER shall be entitled to apply for and receive permits, maps, occupancy certificates and other entitlements fo develop and use the Property at any time, provided that .such-application is made in accordance with this Agreement and the Existing Regulations. Thc parties hereto expressly reject the holding Company v. Ci_ty of camarillo, 37 Cal. 3d 465 (!984) as regards any authOrity regulating ' the phasing of the Development. 3.1.3. ~ntitlements. Permits and Approvals - Cooperation. CITY shall accept and timely process, in the normal and legal manner for processing such matters, all applications for Future Development Approvals anticipated under this Agreement. CITY shall not withhold any building permit, final inspection or certificate of occupancy from OWNER if OWNER has satisfied all conditions and requirements of this Agreement and the Future Development Approval. In regards to the Project Approvals, CITY shall have the sole responsibility to apply for, if necessavd, a revision to the City of Temeeula General Plan, a change 0fzone from Business Park to any . combination of Community Commercial, Service Commercial, Office-Professional or High Density Residential to facilitate the Project and necessary specific plan revisions. C) L\TEMECULA~ELILILLYkDEVAGR 3/9/99 8 CITY shall commit an amount, not to exceed Fourteen Thousand Dollars ($14,000.00), to pay its own processing and application fees needed to accomplish these revisions. OWNER shall bear no cost for any such application but shall have the right to participate in all stages of the consideration of such revisions. All other entitlements, permits, or approvals shall be obtained by OWNER at its own s01e cost and expense. ........................ ............ Completion of the Project, cITY shall be responsible for the satisfaction of any mitigation measures that do not depend on, act upon, or relate to Future Development Approvals. In connection with the issuance of any Future Development Approvals which are subject to review under CEQA, unless required under CEQA, the CITY shall not impose any environmental land use alternatives or mitigation measures in addition to those referenced in the Project Approvals or deemed reasonably necessary in light of the development activity proposal. 3.1.3.2. Other Permits. CITY also agrees to assist and cooperate with OWNER in securing any County, State and Federal permits or authorizations which may be required in connec!ion with development of the Project. · 3.2. Rules. Regulations and Official Policies. ·Except as otherwise specified in this Agreement and the Project Approvals, thc rules, regulations and official policies governing the permitted uses of the Property, the density and intensity of use of the · Property, the'provisions for reservation or dedication of land for. public purposes and the design, improvement and construction standards and specifications applicable to Development of the Property shall be the Existing Regulations. In connection with any subsequent approval or action which CITY is permitted or has the right to make under this Agreement relating to the Project, CITY shall exercise its discretion or take action in a manner which complies and is consistent with this Agreement, the Existing Regulations · and such other standards, terms and conditions contained in this Agreement.. An overview and non2exhaustlve llst of Existing Regulations is listed in Exhibit "C". CITY has certified two copies of each of the documents listed on Exhibit "C". CITY has retained one set of the certified docnmcuts and has provided OWNER with the second set. : 3.3. Reserved Authori _ry. 3.3:1. Uniform Codes. This Agreement shall not prevent CITY from applying new roles, regulations and policies relating to uniform codes adopted bythe State of California, such as the Uniform Building Code, National Electrical Code, Uniform Mechanical 'C0de or Uniform Fire Code, as amended, and the application of the aforementioned uniform codes is hereby approved including as the same may be amended by CITY from time to time. L\TEMECUI.~ELI L1LLY~EVAGR 3D/99 9 3.3.2. $ta~e and Federal Laws and Regulations..In the event that State or Federal laws or regulations prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall'be modified or suspended as may be necessary to comply with such state or federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent ................... ~t_is_.n_gt. inconsist_e.p_t..__w~_'~_s_u_ch__la_w_ s~or re~gulations_._ap__d_ t~o ~e_e_x_t_e_nt~suc~h la~_w__s.._o.~ :. regulations do not render such remaining provisions .impractical to enforce. Notwithstanding the foregoing, CITY shall not adopt or undertake any regulation, program or action, or fall to take any action which is inconsistent or in conflict with this Agreement until CITY makes.a finding that such regulation, program action or inaction is required (as.opposed to permitted) to comply with such State and Federal laws or regulations after taking into consideration all reasonable alternatives. 3.3.3. Regulation for Health and Safety_. Notwithstanding anything to. the contrary in this Agreement, CITY shall have the right to apply CITY regUlations (including amendments to the Existing Regulations) adopted by the CITY after the · Effective Date, in connection with any Future DeVelopment Approvals, or deny, or impose conditions of approval on, any Future Development Approvals in CITY's so!e. discretion if such application is requked to protect the physical health and safety of existing or future occupants of the Property,.or any portion theregf or anY lands adjacent ' ( thereto. 3.4; 3Lett.O.l!J. ghI. By entering into this Agreement and relying thereupon, OWNER is obtaining vested rights to proceed with the Development anticipated by the Project in accordance with the terms and conditions of this Agreement, and in accordance with, and to the extent of, the Proj&ct Approvals. By entering into this Agreement and relying thereupon, CITY is securing certain public benefits which enhance the public health, safety and welfare, a partial listing of which benefits is set forth in Section 4.1. CITY therefore agrees to the following: 3.4.1. No Conflicting Enactments. Except as provided in section 3.3 of this Agreement, neither the City Council nor any other agency of CITY.shall enact a~ rule; regulation, ordinance or other measure (collectively "law") applicable to the Property which is inconsistent or in conflict with this Agreement. Any law, whether by specific reference to the Development Agreement or otherwise, shall be considered to conflict if it has any of the following effects: (i) Limits or reduces the density or intens!ty of the. Development as regulated by the Existing Regulations or otherwise requires'any reduction or increase in the number, size or square footage of lot(s), structures, buildings or other improvements; or L\TEMECUI~.~ELILILLY~DEVAGR 3/9/99 10 (ii) Applies to the Property, but is not uniformly applied by the CITY to all substantially similar development within the CITY. The above list is not intended to be comprehensive or to limit the types of action that would conflict with Existing Regulations and this Agreement. 3.4.2. ~. By way limitation, the following types of enactments shall be considered consistent with this Agreement and Existing Regulations and not in conflict: (i) Relocation of structures within the Property:pursuant to an application from OWNER; and. (ii) Changes in the phasing of the development pursuant'to an application from OWNER. 3.4.3. Initiative Measures. In addition to and not in limitation of the foregoing, it is the intent of OWNER and CITY that no moratorium or other limitation (whether relating to the development' of all or any part of the Project and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), site development permits, precise plans, site development plans,. building permits, occupancy certificates or other entitlements to use approved, issued or granted within cITY, or portions of CITY, shall apply to the Project to the extent such moratorium or other limitation would restrict OWNER's fight to develop the Project in -such order andat such rate as.OWNER, deems appropriate. CITY agrees to cooperate with OWNER in all reasonable manners in order to keep this Agreement in full force and effect. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action. In the event of any litigation challenging the effectiveness oft}ds Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review,' is pending. 3.4~4. Consistency Between This Agreement and Current'Laws. CITY represents that there are no rules, regulations, ordinances, policies or other measures of the CITY in force as of the Agreement Date that would interfere with Development and use of all or any part of the Property according this Agreement. L\TEMECULA~LILILLYR)EVAGR 3/9/99 11 3.5. Future Amendments to Development Plan. The folloWing rules apply to future amendments to the Development Plan: 3.5.1. OWNER's Written Consent. Any Development Plan amendment to which oWNER does not agree in writing shall no~ apply to the Property or the Project while this A~__e_ement is in effect. ' 3.5.2. Concurrent Develonment A~reement Amendment. Any Development Plan amendment requiring amendment of this Agreement shall be processed concurrently with an ameridment to this Agreement. 3.5.3. e o d . Except as expressly set forth within this Agreement, a Development Plan amendment Will not alter, affect, impair or otherwise impact the fights, duties and obligations of the parties under this Agreement. 4. Obligations of the Parties. 4.1. ~. The direct and indirect benefits CITY (including, without limitation the existing: and future residents of CITy) will receive pursuant to the implementation 0fthe Agreement include, but are not limited to, the folloWing: 4.1.1. Comprehensive Planning. Providing a comprehensive planning effort; 4.1.2. Short Term Employment. Creating Substantial employment oppommities'through the construction and development phase; 4.1.3 Long Term Employment. creating substantial employment opportunities subsequent to the Development; 4.1.4 Improvements. The development of the Property, including 0ffsite infrastructure improvements; and 4.15 Settlement of Litigation. The adoption of this Agreement shall result in the settlement of an eminent domain action between the parties. 4.2, Limitation on Development Fees. Certain presently undefined development impact and processing fees Will be imposed on the Development as conditions of approval. In addition to the account described in Section 3;1,3, CITY shall establish an account in the full sum of SeventY-eight Thousand Four Hundred Fifty Dollars ($78,450.00) to be used, from time to time, to satisfy the development impact and processing fees attributed to the Development or any portion thereof. Such account shall L\TEMECULA~ELILILLY~DEVAGR 3/9/99 12 not accrue interest and shall not be subject to reimbursement to OWNER as to any . unexpended sums. This principal sum reflects an mount that CITY would otherwise have transferred to OWNER as consideration for certain land acquisition necessary for CITY right-of-way. 4.3. Dedications and Exactions. At the apj~r_op~ate_points in the Development of the Property, OWNER shall irrevocably offer for dedication or reserve for acquisition by City or its designee the streets, rights-of-way, parkland and other areas as more fully set forth in the Future Development Approvals. In addition to and not in limitation of the foregoing, CITY sh~ll not levy or require any further dedications on or along Margarita Road or Overland Drive, nor shall CITY levy or require any exactions in connection with Project Approvals or Future Development Approvals Which would directly limit access t° the Property. Notwithstanding the foregoing, Future Development Approvals will be reviewed in a manner consistent with the general review procedures of the CITY accorded the particular type of Future Development Approval being sought and necessary conditions imposed in a manner consistent with this Agreement. 4.4. Public Improvement Districts. CITY agrees not to, on its .own initiative, undertake to include the Property in any public improvement district, assessment district and/or community facilities district (collective "Districts") which Dislrict is not intended to have a city-wide or substantially city-wide effect. A substantially city-wide effect shall mean the District is applicable to not less than sixty pement (60%) of the land or owners within the City. ...... 4.5 Existing Community ]Facilities District Assessments.. CITY agrees to use its reasonable best efforts to maintain the level of the current tax rate and amount of outstanding bonded indebtedness. CITY shall, at all times, conduct its deliberations with the goal of satisfying the highest levels of benefit to CITY as a Whole and shall base its decision on the best interests of CITY as a whole. Nothing herein shall require CITY to challenge, in any manner, deelsions of superior levels of government that may affect the tax levels on .the Property. 4.6 Termination of Eminent Domain Action. In addition to the other compensation in this Agreement, the entire deposit in the eminent domain action (Riverside County Superior Court Case No. RIC 314613, referred to in the rest of this section as the "Action") of Ninety-six Thousand Five Hundred Fif~y-six Dollars ($96,556.00), plus any interest that accrued on the deposit, shall be immediately Yeleased to OWNER. If other person(s) claim any part of the d~posit, CITY shall instead pay OWNER Ninety-six Thousand Five Hundred Fifty-six Dollars ($96,556.00) by check. Once OWNER receiYes such funds, OWNER shall, at CITY's option, either (a) stipulate to a final order of condemnation for the "subject property" defined in the Complaint in L\TEMECULA~ELILILLY~DEVAGR 3/9/99 13 Eminent Domain in the Action, or (b) sign and deliver a deedtransferdng said "subject Property" to CITY, with CITY then dismissing OWNER from the Action. 5. FUrther Assurances ~o OWNER Re~,ardin~, Exercise of ReserVed Authori _ry. 5.1. Adoption of General Plan and Granting of'Other Pro!eot Approvals. granting the other Project Approvals, CITY will consider the health, safety and welfare of the residents of CITY2 5.2. A~surances to OWNER..The parties further acknowledge that the public benefits to be provided by OWNER to CITY pursuant to this Agreement a~e in · consideration for and r61iance upon assurances that thePropetty Can be developed in accordance with the Project Approvals and .this Agreement. Accordingly, while recognizing that the Development of the Property may be affected by exercise of the authority and rights reserved and excepted as provided in Sections 3.3.1 and 3.3.2. ("Reserved Authority-") or this Agreement, OWNER is concerned that normally the judiciary extends to local agencies significant deference in the adoption of land use regulations which might permit CITY in violation of the Reserved Authority, to attempt to applY regulations which are inconsistent with the Project Approvals pursuant ~o the exercise of the Reserved Authority. Accordingly, OWNER desires assurances that CITY shall not and CITY agrees that it shall not further restrict or limit the development of the Property in violation of this Agreement except in strie[ accordance with the Reserved Authority. ..5,_3. Judicial Review. B~sed .on the foregoi~3g, jn.~he event OWNER judicially (including by way of a reference proceeding) challenges the application ora future land use regulation a~ being in violation of this Agreement and as not being a land USe regulation adopted· pursuant to the Reserved Aut.hority~ OWNER shalt-beae the .burden of proof in establishing that such nde, regulation dr policy is inconsistent with the Existing . Regulations and the Project Approvals and CITY shall thereafter bear the burden of proof in establishing that such regulation was adopted pursuant .to and in accordance with the Reserved Authority and was not applied by CITY in violation of this Agreement. 6. ~. ·Except to the extent of the negligence or willful misconduct of the Indemnified Parties(as defined below), OWNER, and with respect to the portion of the Property transferred to them, the transferee agrees: (i) to indemnify, defend, and hold harmless the Indemnified Parties from and against each and every claim, action, proceeding, cost, fee, legal cost; damage, award or · liability of any nature arising from'alleged damages caused to third parties and alleg!ng that CITY is liable therefor as a direct or indirect result of CITY's approval of this L\TEMECULA~ELIL1LLYXDEVA GR 6/1/99 14 Development Agreement. OWNER's duties under this Section 6(i) are solely subject to and conditioned up°n the Indemnified Parties' written request to OWNER to defend and/or indemnify CITY. Without in any way limiting the provisions of this Section 6(0, the parties hereto agree that this Section 6(i) shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Agreement Date. (ii) during the term of this ii}i ......................... contractors, attorney, and employees (the "Indemnified Parties") from and against any claims or proceeding against the Indemnified Parties to set aside, void or annul the approval of this Development Agreement. CITY shall retain settlement authority with respect tO any matter provided that prior to settling any such lawsuit or claim, OWNER shall provide CITY with a minimum ten (i0) business days written notice of its intent to settle such lawsuit or claim. If CITY0n its reasonable discretion) does not desire to settle such lt/wsnit or claim, it may notify OWNER of the same, in which event OWNER may still elect to settle the lawsuit or claim as to itself, but CITY may elect to continue such lawsuit, but at oWNER's cost and expense, so long as the CITY's decision is predicated upon a legitimate and articulated threat to either the exercise of its police powers or a risk of harm to those present within the CITY. 7. Relationship of Parties. The Contractual relationship between CITY and OWNER is such that OWNER is an independent contractor .and not the agent or employee 0f CITY. CITY and OWNER hereby renounce the exiStence of any form of joint venture Or partnership between them, and agree that nothing contained in this Agreement or in any document executed in connection with the Project shall be construed as making CITy_and O~qER joint venturers or parmers. 8. ' Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties inthe manner · provided for in. Government Code Section 65868. No amendment or modification of this Agreement or any provision hereof shall be .effective unless set forth in writing and signed by duly authorized representatives of each party hereto. This provision shall not limit CITY's or owner remedies as provided by Section 10. 9. Periodic Review of Compliance with Agreement. 9.1. Periodic Review. CITY and OWNER shall review this Agreement at least once every 12-month period from the date this Agreement is executed. CITY shall notify OWNER in writing of the date for review at least thirty (30) days prior thereto. Such Periodic review shall be Conducted in accordance with Government Code Section 65865.1. L\TEMECULA~EL1 LILLY~DEVAGR 319/99 15 9.2. Good-Faith Compliance. During each periodic review, OWNER shall be required to demonstrate good faith compliance with the terms of this Agreement. OWNER agrees to' furnish such reasonable evidence of good faith compliance as CITY, in the exercise of its reasonable discretion, may require. If requested by OWNER, CITY agrees to provide to OWNER, a certificate that OWNER or a Development Transferee is all reasonable and direct costs and fees incurred by CITY with respect thereto~ 9.3. Failure to Conduct Annual Review. The failure of the CITY to conduct the annual review shall not bean oWNER default. Further, OWNER shall not be entitled to any remedy for CITY failure to conduct this annual review. 9.4. Initiation of Review by City_ Council.' In addition to the annual review, the CIT~, Council may at any time initiate a review 0f this Agreement by giving written notice to OWNER. Within thirty (30) days following receipt 0f such notice, OWNER shall submit evidence to the CITY Council of oWner's good faith compliance with this Agreement and sUCh review and determination shall proceed in the same manner as provided for the annual review. The City Council shall initiate its review pursuant to this Section 9.4 only if it has probable cause to believe the CITY's general health, safety Or welfare is at risk as a result of specific acts or failures to act by OWNER.' 9.5 Administration of Agreement. Any decision by CITY staff concerning the inteipretation and administration of this Agreement and Development of the Property in accordance herewith may be appealed by OWNER to the City Council} provided that any such appeal shall be filed with the City Clerk within ten (10) days after OWNER receives notice of the staff decision. The City Council-shall render, at a noticed public hearing, its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. 9.6. Availabill _fy of Documents. If requested by OWNER, CITY agrees to provide to OWNER copies of any documents, reports or other items reviewed, accumulated or prepared by or for CITY in connection with any periodic compliance. review by CITY, provided OWNER reimburses CITY for all reasonable and direct COsts and fees incurred by CITY with respect thereto, ciTY shall respond to oWNER's request on or before ten (10) business days have elapsed fr0m. CITY'S receipt of such . request. 10. Events of Default Remedies and Termination. Unless amended or canceled as provided in Section 8, or modified or suspended pursuant to Government Code'Section 65869.5 or terminated pursuant to this Section 10, this Agreement is enforceable by either party hereto. · L\TEMECULA~ELI LILLY~DEVAGR 3/9/99 16 ( ~ 10.1. l~t~lll~t~)3~. If CITY determines on the basis of a prePonderance of the evidence that OWNER has not complied in good faith with the terms and conditions of this Agreement, CITY shall, by written notice to OWNER, specify the manner in which OWNER has failed to so comply and state the steps OWNER must take to bring itselfinto compliance. If, within sixty (60) days after the so comply, OWNER does not commence all steps reasonably necessary fo bring itself into compliance as reituired and thereafter diligently pursue such steps to completion, then OWNER shall be deemed to be in default under the terms of this Agreement. CITY may terminate this Agreement pursuant to Government Code Section 65865.1. OWNER agrees that its default hereunder is a conclusive rePresentation that it is consenthig to the cancellation of this Agreement. ' In event of default by OWNER, except as provided in Section 10.3, CITY's sole remedy for any breach of this Agreement by OWNER Shall be. CITY's right to terminate this Agreement. 10.2. Defaults by CITY. If OWNER determines on thc basis ora preponderance of the evidence that CITY has not complied in good faith with the terms and conditions of this Agreement, OWNER shall, by written notice to CITY, specify the manner in which CITY has failed to So comply and state the steps CITY 'must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from OWNER specifying the manner in which CITY has failed to so comply, CITY does not commence all steps.reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then CITY shall be deemed to · be in default under the terms of this'Agreement and OWNER may terminate this . Agreement and, in addition, may pursue any other remedy available at law or equity, including specific performance as set forth in Section 10.3. 10.3. Specific Performance Remedy. Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms Of this Agreement and Will be investing even more significant time and resources in implementing the Project in reliance up°n the terms of this Agreement, and it is not possible to determine the sum of moneY which would adequately compensate OWNER for such efforts. For the above reasons, CITY and OWNER agree that damages would not be an adequate remedy if CITY fails to carry out its obligations under this Agreement and that OWNER shall have the right to seek and obtain specific performance as a remedy for any breach of this Agreement. CITY and OWNER further acknowledge that, if OWNER fails to carry out its obligations under this Agreement, CITY shall' have the right to refuse to issue any permits or other approvals which OWNER would otherwise L~TEMECULA~ELILILLY%DEVA OR 3/9/~9 17 have been entitled to pUrSUant to this Agreement. Therefore, CITY's remedy of terminating this Agreement shall be sufficient in most circumstances if OWNER fails to carry out its obligations hereunder. Notwithstanding the foregoing, if CITY. issues a permit or other approval pursuant to this Agreement in reliance (explicitly stated in writing) upon a specified condition being satisfied by OWNER in the future, and if OWNER then falls to satisfy such condition, CITy shall be entitled to sPecific ..... i~e~formaii'ee' ~6~ 'th~ ioi-dpurpos~ b~ ~-aii~ ~h-g- O~R- i'6 ' ~'iiii b)' ~iioli'~ndiiibn. - CITY'S right to specific performance, shall be limited to those circumstances set forth above, and CITY shall have no fight to seek specific performance to cause OWNER to otherwise proceed with the Development of the Project in any manner, 10.4. Institution of Legal Action. In addition to any other rights or remedies, OWNER or CITY may institute legal action to cure, correct or remedy any default, to cnforee any covenants or agreements herein, to enjoin any threatened or attempted' violation hereof to recover damages for any default, or to obtain any other remedies consistent with the purpose of this Agreement Such legal action shall be heard by a reference from the Orange County Superior Court pursuant to the reference procedures of the California Code of Civil Procedure Sections 638, et seq. OWNER and CITY shall agree upon a single referee who shall then try all issues, whether of fact or law, and report a finding and judgment thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy before him. If OWNER and CITY are unable to agree on a referee within ten (10) days of a written request to do so by either party hereto, either party may seek to have one appointed pursuant to the California Code of Civil Procedure Section 640. The cost of such proceeding shall initially be borne equally by thc parties. Any referee selected pursuant to this Section 10.4 shall be consi~lered a temporary judge appointed pursuant to Article 6, Section '21 of the California Constitution. 10.5. ~ll~:lffi~l~l. Either party may at any time deliver written nOtice to the other party requesting an estoppel certificate (the "Estoppel Certificate") stating: 10.5. 1. The Agreement is in full force and effect and is a binding obligation of the parties. · 10.5.2. The Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments. 10.5.3. No default in the performance of the requesting party's Obligations under the Agreement exists or, ifa default does exist, the nature and amount of any . default. A party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting party within thirty (30) days after receipt of the request. The City Manager or any person designated by the City Manager may sign Estoppel L\TEMECULA'~ELILILLY~,DEVAGR 3/9/99 18 ' Certificates on behalf of the CITY. Any officer of OWNER may sign On behalf of · OWNER. An Estoppel Certificate may be relied on by assignees and mortgagees. 10.5.4. In the event that one party requests an Estoppel Certificate from the other, the requesting party shall reimburse the other party for all reasonable and direct ~°StS ag_a .~e$ ..i_n~t~.e_d _b)~ s?¢h par t ~ ?~i:t)..r?_spe~_t .t~e_[~_t?.: ...... . 11. Waivers and Delays. 11.11 N° Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement bythe other party, and failure by a party to exercise its rights upon a default by the other party hereto, shall not constitute a waiver of such. party's right to demand strict compliance by such other party in the future. 11.2. Third Parties. Non-performance shall not be excused because of a failure ora third person, except as provided in Section 11.3. 11.3. Force Ma_ieurc. OWNER shall not be deemed to be in default where failure o[ delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond OWNER control, government regulations (including, without limitation, local, state and federal environmental and natural resource regulations), voter initiative or referenda, moratoria (including, without limitation, any "development moratorium" as thai term is applied in Government Code Section 66452.6) or judicial, decisions. 11.4. Extensions. The Term of this Agreement and the time for performance by oWNER or CITY of any of its obligations hereunder or pursuant to the Project Approvals shall be 'extended by the period of time that any of the events described ~n Section 11.3 exist and/or prevent performance of such obligations. In addition, the Term Shall be extended for delays arising from the following events for a time equal to the duration of each delay which occurs during the Term: 11.4.1. LJligat~. The period of time after the Effective Date during. which litigation related to the Project Approvals or having the actual effect of delaylng implementation of the Project is pending, including litigation pending on the Effective Date. This period shall include any time during which appeals 'may be filed or are pending. 11.4.2. ~. Any delay resulting from the acts or omissions of the CITY or any other governmental agency or public utility and beyond the reasonable control of OWNER. LXTEMECUI~.~ELILILLY~DEVAGR 3/9/99 19 11.5. Notice of Delay. OWNER shall give notice to CITY of any delay which OWNER believes to have occurred as a result of the occurrence of any 0fthe events described in Section 11 ;3. For delays of six months or longer, this notice shall be given within a reasonable time after OWNER becomes aware that the delay has lasted six months or more. In no event, however, shall notice of a delay of any length be given later whichever comes first. 12. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, return receipt requested. Notices required to be given to CITY shall be addressed as follows: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attn.: City Planner With a copy to: Richards, Watson & Gershon Thirty-Eighth Floor 333 SOUth Hope Street Los Angeles, California 90071 - 1469 Atm.: Peter M. Thorson, City Attorney Notices required to be given to OWNER shall be addressed as follows: Eli Lilly and Company Lilly Corporate Center . 'Indianapolis, Indiana 46285' Attention: John J. Crisel Manager, Strategic Real Estate · With acopy to: Hect, Solberg, Robinson & Goldberg, LLP 600 West Broadway, 8th Floor San Diego, Calif0mia 92101 Attention: Paul E. Robinson L\TEMECLq.~A'~EL1LI LLY~DEVAGR 3/9/99 20 Any notice given as required herein shall be deemed given only if in writing and upon delivery personally or by independent courier service. A party may change its address for notices by giving notice in writing to the other party as required herein and thereafter notices shall be addressed and transmitted to the new address. !3 Attorneys' Fees_;_l.f_le_ga_l.:~9~_og_i_s_b_rg~ug~_.[by_~!_th_~rR~ aggn_s .g _o_.th_e_r.! or. breach of this Agreement, including actions derivative from the performance of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled tO an award of its costs, including reasonable attorneys' fees~ and shall also be entitled to recover its contribution for the costs of the referee referred to in' Section 10.4 above as an item of damage and/or recoverable costs.. 14. Recording. This Agreement and any amendment or cancellation hereto shall be recorded, at no cost to CITY, in the Official Records of Riverside County by the City Clerk within the period required by Section 65868.5 of the Government Code. 15. ~Effect of Agreement on Title. 15.1. ~. oWNER and CITY agree that this Agreement shall not . continue as an encumbrance against any portion of the Property as to which'this Agreement has terminated. 15.2. Encumbrances and Lenders' Rights. oWNER and CITY hereby agree that this Agreement shall not prevent or limit any owner of any interest in the Property, or · any portion thereof, at any time. or.tim time to time inany_manner, at its or their sole .......... discretion, from encumbering the Property, the improvements thereon, or any portion thereof with any mortgage, deed of tmst' sale and leaseback arrangement or other security · device. CITY acknowledges that any Lender (as hereinafter defined) may require certain interpretations of or modifications to the Agreement or the project and .City agrees, upon · request, from time to time, to meet with the property owner(s) and/or representatives of such Lenders to negotiate in good faith any such request for interpretation or modification. CITY further agrees that it .will not unreasonably withhold its consent to any such requested interpretation or modification tO the extent such interpreta!ion or modification is consistent with the intent and purpose of this Agreement. A default under this Agreement shall not defeat, render invalid, diminish or impair the lien 6f any Lender. The mortgagee ora mortgage or beneficiary of a deed oflxust or holder of any other security interest in the Property or any portion thereof and their successors and assigns, including without limitation the'purchaser at a judicial or non-judicial foreclosure sale or a person or entity which obtains title by deed-in-lieu of foreclosure ("Lender") Shall be entitled to receive a copy of any notice of Default.(as defined in Section 10.1 hereof) delivered to OWNER and, as a pre-condition to the institution of L\TEMECULA~EL1LILL~I~DEVAOR 3/9/99 21 legal proceedings or termination proceedings, the CITY shal! deliver tO all such Lenders written notification 0fany default by oWNER in the performance of'its obligations under this Agreement which is not creed within sixty (60) days (the "Second Default Notice'') and shall allow the Lender(s) an opportunity to cure such defaults as set forth herein. The Second Notice of Default shall specify in detail the alleged default and the suggested ......... _me~_s_tq c_.~..ejt. Afl~r_r_e_ceip__t_of_~_e._~c_~_n_c[D_e_f_~t__No~tj_c~, egchsu~hLender S!~!!~have .......................... the nght,~ .......... at Its' .............. sole option,'- ........ w~thin~-':- -ninety' ................. (90) days to cure ~i-~li d~f~iult or, if such ~tefault cannot reasonably be cured within that ninety (90) day period, to commence to cure such default, in which case no default shall exist and the City shall take no further action. Notwithstanding the foregoing, if such default shall be a default which can only be remedied by such Lender obtaining possession of the Property, or any portion thereof, and such Lender seeks to obtain possession, such Lender shall have until ninety (90) days after the date obtaining such possession to cure or, if such default cannot reasonably be cured within such period, then to commence to cure such default. Further, a Lender shall not be required to cure any non-curable default of.oWNER, and any such default shall be deemed cured if any lender obtains possession. 16. ~.g~l~ly~tLI.~l~. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or tinenforceable, the remainder of this Agreement shall not be affected thereby if the' tribunal finds that the invalidity was not a material part of consideration for either party. The covenants.contained herein are mutual covenants. The covenants contained herein constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 17. -. -Subsequent Amendment to Authorizing Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Legislation in effect as of the Agreement Date. Accordingly, subject to Section 3.3.2 above, to the extent that subsequent amendments to the Government Code would affect the provisions of this Agreement, such amendments shall not be applicable to this Agreement unless necessary for this Agreein~nt to be enforceable or required by law or unless this Agreement is modified pursuant to the provisions set forth in this Agreement'and Government Code Section 65868 as in effect· on the Agreement Date. 18. Rules of Construction .and Miscellaneous Terms. 18.1. Interpretation and Governing Law. The language in all parts of this Agreement shall, in all cases, be conslmed as a whole and in accordance with its fair meaning. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. The parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and govermhental L\TEMECULA~_,LILILL'~DEVAGR 3/9/~9 22 functions of the CITY, and in particular, the CITY's police powers.. In this regard; the Parties understand and agree that this Agreement shall not be deemed to constitute the surrender or abnegation of the ciTY's governmental powers over the Property. 18.2. ~. All.section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this 18.3. Gender. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. 18.4. No Joint and Several Liability_. At any time that there is more than one OWNER, no breach hereof by an OWNER shall constitute a breach by any other OWNER. Any remedy, obligation, or liability, including but not limited to the obligations to defend and indemnify CITy, arising by reason of such breach shall be applicable solely to the OWNER that committed the breach. However, CITy shall send a copy of any notice of violation to all OWNERS, including those not in breach. 18.5. Time of Essence. Time is of the essence regarding each provision of this Agreement of which time is an element. 18.6. Recitals. All Recitals set forth herein are incorporated in:tiffs Agreement as though fully set forth herein: 18.7. Entire Aereement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and the Agreement supersedes all previous negotiations, discussion and agreements between the parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 19. Extension of Maps. In accordance with Government Code Section 66452.6(a), .. any tentative map approved which relates to all or a portion of the Property shall be extended.for the greater of (i) the Term of the Agreement or (ii) expiration'of the tentative map pursuant to Section 66452.6. 20. Not for Benefit of Third Parties. This Agreement and all provisions hereof are for the exclusive benefit of CITY and OWNER and its Development Transferees and shall not be construed to benefit or be enforceable by any third party. L\TEMECULAkELILI LLY~DEVAGR 3/9/99 23 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year dated below. · Dated:~, 199~_ "CITY" CITY OF TEMECULA, ATTEST: a municipal corporation ~ ~- City Clerk Susan W. g.o, nes, 'CblC/AAE APPROVED AS TO FORM: t~/~ City' y l~ Peter M. Thor, on Dated: .June 9 ~ 1999 "OWNER" ELi LILLY AND cO., a corporation By: Its: Vice President - 1/anufacturtng By: Its: L\TEMECULA~ELILILLY~DEVAGR 3OD9 24 State of California ) · ' )SS County o f~j.~ ........... p ers o n all y_ app_ear edf_~.dJ_~tyy'31/~'j[/..~:) , t~tsonally_kn o3¥n _to~ m~ or proved to me on th~'b/~qs of satisfactory evidence to be the person(s) whose name(s) is/ar-~subscribed to the within instrument and acknowledged to me that he/she4~hey executed the same in his/t~4heir authorized capacity(ies), and that by his/lmq4~ir signature(s) on the instrument the person(s), or the entity uPon behalf of which the person(s) acted, executed the instrument. Wimess my hand and official seal. ~ion # 1167659 7<_ ~g~'~ No'2ry Public -California -Signature c(-~Notary State of California ) .:, ) ss County of k~U~a~d~ personally appeared-f~r~,,jaa~.t'o,_/d].~/Llt~',:A ,.ta:/~,~-~,,~, , tf~}rsonally known to me or proved to me on the basis of satisfactory evidence m be th~-person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that lmtshe/they executed the same in h/~her/their authorized capacity(ies), and that by h'or~,~cr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. ~igniture ( t L\TEMECULA~E LILILLY~DEVAGR 3/9/99 25 State of California ) ) ss County of ) On 'before me, , .tm:son--ed , ,Personally known to me or proved to me on the baSis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within insmunent and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the insmunent. Witness my hand and official seal. Signature of Notary State of Eatifrm~ ) ) ss County of f~o_r;m ) On ~or~* 01 ! qq q before me,'Z4o, e.~. 5. ~lxorr~ , personally appeared t'Otclm,..I /.. ~a~[q. , personally known to me or proved to me 'on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument.the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. L\TEMECULA~ELILILLY~DEVAGR 3/9/99 26 ATTACHMENT NO. 8 PLANNING COMMISSION AGENDA PACKET NOVEMBER 20, 2002 R:\G P A\PA01-0418 Eli Lilly~Agenda RepoR CC 01-14-03.doc 20 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION November 20, 2002 Planning Application No. 01-0418 - General Plan Amendment (GPA), Planning Application No. 01-0509 - Specific Plan Amendment(SPA), and Planning Application No. 01-0510 Zone Change (ZC) Prepared By: Emery Papp, Associate Planner RECOMMENDATION: The Community Development Department - Planning Department Staff recommends the Planning Commission: '1. ADOPT a Negative Declaration for Planning Application Nos. 01-04i 8, 01-0509 and 01-0510; 2. ADOPT a Resolution entitled: PC RESOLUTION NO. 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE PLANNING APPLICATION NO. 01-0418, A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATIONS FROM BUSINESS PARK (BP) TO COMMUNITY COMMERCIAL (CC) ON THREE PARCELS; PLANNING APPLICATION NO. 01-0509, A SPECIFIC PLAN AMENDMENTTO REMOVE ONE PARCEL FROM THE REGIONAL CENTER SPECIFIC PLAN (SP-7); AND PLANNING APPLICATION NO. 01- 0510, A ZONE CHANGE FROM BP TO CC ON TWO PARCELS; AND FROM SP-7 TO CC ON ONE PARCEL GENERALLY LOCATED ON THE SOUTH SIDE OF OVERLAND DRIVE BETWEEN MARGARITA AND YNEZ ROADS, AND GENERALLY KNOWN AS LOTS 1, 2 AND 3 OF PM 30107. APPLICATION INFORMATION APPLICANT: PROPOSAL: Eli Lilly & Company Change the General Plan Land Use Designations from Business Park (BP) to Community Commercial (CC) on three parcels; and · Amend the Regional Center Specific Plan to remove Lot 1 of TPM 30107 from the Specific Plan; and · Change the Zoning Designations from SP-7 to CC on one parcel, and from BP to CC on two parcels. R:\G P A~PA01-0418 Ell Lilly~PC Staff Report 11-20-02 Eli Lilly.doc 1 LOCATION: South side of Overland Drive between Margarita and Ynez ~ t Roads GENERAL PLAN DESIGNATION: Business Park EXISTING ZONING: Business Park and SP-7 SURROUNDING ZONING: North: SP-7 South: Light Industrial (LI) and BP East: High Density Residential (H) West: LI EXISTING LAND USE: vaCant SURROUNDING LAND usEs: North: South: East: West: Costco and Bel Villaggio II Projects Guidant Parking Lot and Vacant Land Multi-Family Residential Guidant LOT AREA (gross): Acres: 18.11 BACKGROUND The application for the General Plan Amendment (GPA), Specific Plan Amendment (SPA) and Zone Change (ZC) was submitted to the City on August 24, 2001. This GPA, SPA and ZC was orig!nated by Eli Lilly & Company, resulting from a Development Agreement (DA) reached between Eli Lilly & Company and the City on November 9, 1999. The DA became necessarywhen the City constructed O~,erland Drive, which bisected Eli Lilly property. According to the DA (see Attachment No. 3), the City agreed to consider an application to amend the General Plan land use designations and zoning classifications. General Plan Amendment and Zone Change Eli Lilly & Company believes that the best use for the site is Community Commercial (CC). Staff supported most of this request but has concerns about allowing Community Commemial uses at the southwest corner of Overland Drive and Margarita Road, and initially preferred to see this pamel given Professional Office designations. In negotiations between Eli Lilly and the City, staff now recommends that all three pamels receive CC designations, with restricted uses at this comer. The mechanism for creating the restricted uses is an Operating Memorandum under the current Development Agreement (Attachment No. 3). A Negative Declaration was prepared for this project and circulated for public review and comment from October 31,2002 to November 19, 2002. Eli Lilly intends to sell off these pamels and has no current proposal to build on the site. Land use compatibility issues will be addressed when a development proposal is submitted. Regional Center Specific Plan (SP-7) Amendment The parcel located at the southeast comer of Overland Drive and Ynez Road is currently within the Regional Center Specific Plan. Staff had two altematives for amending the land use and zoning designations for this parcel. The first alternative was to leave the pamel within the SP-7 project area R:\G P A~PA01-0418 Eli Lilly~PC Staff Report 11-20-02 Eli Lilly.doc 2 and amend the plan text and exhibits to change the land use, zoning and schedule of permitted uses. Doing so would have involved a lengthy and complicated process of amending SP-7. The favored amendment option is to remove the subject parcel from the SP-7 project area, and to apply the existing CC General Plan land use provisions and existing CC zoning requirements found in the Development Code. The amended text for SP-7 can be found as Attachment No. 5 of the staff report. ANALYSIS In reviewing the application for a General Plan Amendment and Zone Change, staff has focused on the following issues: · General Plan Conformity/Consistency · Land Use Compatibility · Environmental Determination General Plan Conformity/Consistency Staff has reviewed the General Plan to assess the potential consistency of the proposed amendment with the adopted Goals and Policies. Staff carefully examined the Land Use, Noise, Cimulation, and Community Design Elements. After examining these Elements, the opinion of staff is that the proposed change is logical, and is consistent with the existing land uses along Margarita Road, Ynez Road, and Overland Drive for the following reasons: · Projected noise levels along the artedal roads adjacent to the project site are within allowable levels for commercial uses in the future. The CC designation allows for exterior noise levels up to 70 decibels CNEL · Traffic Level of Service will be within thresholds of significance as defined by the Circulation Element at Level of Service D or better at all intersections during peak hours, and at Level of Service C or better during non-peak hours · General Plan Goals and Policies will ensure that appropriate transitioning and buffering will be incorporated into the site design A more detailed Element-by-Element discussion is detailed below: LAND USE ELEMENT. Goal No. 1 requires "A Complete and integrated mix of residential, commercial, industrial, recreational, public and open space land uses." The discussion following this goal states, "A well-balanced community provides a broad range of land uses that are planned in desirable patterns and intensities. The two policy statements that follow apply to this project: · 1.4 · 1.5 "Consider the impacts on surrounding land uses and infrastructure when reviewing proposals for new development." "Support the development of light industrial, manufacturing, research and development, and office uses to diversify Temecula's economic base." The proposed land use change from Business Park to Community Commercial will have positive impacts on surrounding land uses. Area residents will be within walking distance of shopping and dining opportunities as the project site develops. The future development of the project site will also have beneficial impacts on area residents by providing jobs. Future sales tax revenues will add to the vitality of Temecula's economy. R:\G P A~PA01-0418 Eli Lilly,PC Staff Report 11-20-02 Eli Lilly.doc 3 Goal No. 3 requires "A land use pattern that will protect and enhance residential neighborhoods." The discussion following this goal states, "Future residential and non-residential development should be compatible with the natural features of the site and the adjacent uses." The three policy statements that follow apply to this project: · 3.1 "Consider the compatibility of proposed projects on surrounding uses in terms of the size and configuration of buildings, use of materials and landscaping, preservation of existing vegetation and landform, the location of access routes, noise impacts, traffic impacts, and other environmental conditions." ,, 3.3~ "Require parcels developed for commercial or industrial uses to incorporate buffers that minimize the impacts of noise, light, visibility of activity and vehicular traffic on surrounding residential uses." · 3.6. "Require proposed development to evaluate the incremental traffic impacts on local roads throughout the proposed project phasing in order to ensure that any adverse impacts to local roads in residential areas are avoided or adequately mitigated." Note: There are two Policies numbered "3.3" under Goal 3 of the Land Use Element. The citation above is the first "3.3"on the list. The Land Use Element Goals and Policies discussed in this section can be implemented through the design process. The Development Review Committee (DRC) will ensure that a future Development Plan submittal for this site will address these policies to further minimize potential land use conflicts. With respect to policy statement 3.6, the traffic study discussion in the prior Circulation Element section indicates that no mitigation will be req~Jired for traffic impacts. NOISE ELEMENT. Goal No. I requires "Land use planning that provides for the separation of ' significant noise generators from sensitive receptor areas." The discussion following this Goal states "Noise hazard areas will be considered to include locations within the 65 CNEL [Community Noise Equivalent Level] contour of master planned roadways, railroad corridors, aircraft flight paths, and industrial facilities." The two policy statements that follow apply to this project: · 1.1 "Discourage noise sensitive land uses in noisy exterior environments unless measures can be implemented to reduce exterior and interior noise to acceptable levels. Alternatively, encourage less sensitive uses in areas adjacent to major noise generators but require appropriate interior working environments." 1.8 "Minimize noise conflicts between land uses and the cimulation network." Furthermore, Section 4.A. Table 8-4 of the General Plan Noise Element indicates that exterior noise levels in commercial areas should not exceed 70 decibels. Table 8-3 in Section 2.D.1. indicates that future noise levels on Margarita Road will be in the range of 61.1 to 67.6 decibels at 100 feet from the centerline of the street, and future noise levels on Ynez Road will be in the range of 60.2 to 70.7 decibels at 100 feet from the centerline of the street. Overland Drive did not exist at the time the General Plan was prepared and, therefore, is not denoted on this Table. It would be reasonable to assume that future noise levels on Overland Drive would be similar to the ranges for Margarita and Ynez Roads. The proposed Community Commemial use allows exterior noise levels up to 70 decibels, which is higher than the projected noise level at the 100-foot noise contour for Margarita Road, is right at the projected noise range for Ynez Road, and within the anticipated range for Overland Drive. The traffic noise from these roads would not significantly impact Community Commercial uses on the site, allowing buildings to be located at or near their front setbacks. R:\G P A~PA01-0418 Eli Lilly~PC Staff Report 11-20-02 Eli Lilly.doc 4 Residents of the Solana Ridge apartments on the east side of Margarita Road across from the project site should not be affected by noise from additional vehicle trips in the area because of the noise attenuation measures required as mitigation for the construction of the apartment complex. One factor in recommending approval of the land use and zone change' is the protection of residents from excessive noise levels, and compliance with the aforementioned goal and policies. CIRCULATION ELEMENT. Goal No. 1 states that the City will "Strive to maintain a Level of Service "D' or better at all intersections during peak hours and Level of Service "C" or better during non- peak hours." To evaluate the General Plan level impacts concerning cimulation, staff deferred to Policy No. 1.2 that states "Require an evaluation of potential traffic impacts associated with new development prior to project approval, and require adequate mitigation measures prior to, or concurrent with, development." The applicant submitted a traffic study for the project in January 2001 that discusses trip generation equivalency at the General Plan level. The traffic study indicates that average dailY trip generation will be within Level of Service "D" during peak periods, and Level of Service "C" or better during non- peakperiods as required by the City's General Plan and Growth Management Action Plan. The average daily trip counts for the intersections affected by this project at the time the traffic study was prepared, are as follows: INTERSECTION AVERAGE DAILY TRIP CONDITIONS WITHOUT' PROJECT INTERSECTION Peak Hour LOS AM C Margarita Rd. at Overland Dr ....... ~,, ~, · AM C Ynez Rd. at Overland Dr. ~ ~ The traffic study also identifies the impacts to the affected intersections at project buildout. The traffic counts shown in the Table below incorporates trip counts from the project. INTERSECTION AVERAGE DAILY CONDITIONS WITH PROJECT INTERSECTION Peak Hour LOS AM C Margarita Rd. at Overland Dr. AM C Ynez Rd. at Overland Dr. ~.~ !~C~)~:~:~~ R:\G P A~PA01-0418 Eli Lilly\PC Staff Report 11-20-02 Eli Lilly.doc 5 The results of the study indicate that impacts to cimulation are within the goals established by the City's General Plan, and conform to policies contained in the City's Growth Management Action Plan· The study has been reviewed and accepted by the Public Works Department. No new impacts are anticipated as a result of this project. COMMUNITY DESIGN ELEMENT. Goal No. 3 suggests "Preservation and enhancement of the positive qualities of individual districts or neighborhoods." Because no development plan has been submitted with this application, it is difficult to address issues of community design. The discussion following Goal 3 of the Communit/Design Element states, '~Vhile there is a major concern about the overall city-wide character of Temecula, it is also important to preserve and enhance the character and identity of neighborhood areas or special districts of the community." Because a high density residential apartment complex is across the street from the project and also to the south, it is important to achieve a balance between availability of services (convenience) and design. It is for this reason that the parcel at the south west comer of Overland Drive and Margarita Road will have restricted uses. Staff feels the proposed change of land use is appropriate, that vehicular traffic will not be significantly impacted, and that design issues can be addressed with a subsequent Development Plan that conforms to the policies of the Community Design Element. The following General Plan Community Design Element policies may apply: · 3.1 · 3.3 "Improve the appearance of neighborhood areas and the "edges" between neighborhoods through landscaping, location of open space buffers, and special landscape features" "Encourage the use of creative landscape design to create visual interest and reduce conflicts between different land uses." Goal 7 of the Community Design Element requires "Community gathering areas which provide for the social, civic, cultural and recreational needs of the community." The discussion that follows this goal can be summarized as follows: q'he design of projects should encourage pedestrian activities · ·. that further enhance Temecula's sense of place." The following General Plan Community Design Element policies may apply: · 7.1 "Encourag(.~ the development of public spaces and plazas within commercial developments that can accommodate cultural and social events and function as community gathering areas." · 7.3 ~Encourage the development of a range of uses within commercial developments that provide for day and evening activities. The Community Design Element Goals and Policies discussed in this section can be implemented through proper planning and the design process. The Development Review Committee will ensure that a future Landscape Plan submittal for this site will address these policies to further minimize potential land use conflicts. The DRC will also consider building mass, building orientation, site layout, ingress and egress, and buffering in determining compliance with these goals and policies. Land Use Compatibility/Zoning Staff has reviewed the Zoning Map and Development Code to assess the potential consistency of the proposed land use change. The existing designations between Margarita Road and Ynez Road along Overland Drive are either Commercial or Business Park. The land uses surrounding the project site are either Commercial of High Density Residential. It is the opinion of staff that the proposed change is logical, and is consistent with the existing General Plan land use designations and Zone classifications in proximity to the project site for the following reasons: R:\G P A~PA01-O418 Eli Lilly~PC Staff Report 11-20-02 Eli Ully.doc 6 · The Community Commercial (CC) zone will provide an appropriate transitional buffer between the future Guidant expansion area (south of project site) and Overland Drive · The site is adjacent to three major arterials and non-residential land uses are appropriate for the traffic circulation and ambient noise levels in the vicinity of the project area · The project site is within walking distance of two high density residential projects and Community Commercial uses may influence pedestrian activity in the project area · The parcel located at the south west corner of Overland Drive and Margarita Road will have restricted uses that will exclude among other uses: all drive-through type uses, service stations, and car washes · Land use compatibility issues will be further addressed through proper site design at the time a development plan is submitted Per the Development Code, the most significant changes in development standards would affect lot coverage and floor area ration (FAR) requirements. The changes, however, will be beneficial in terms of intensity of development. The existing BP designation has a target FAR of 0.40, whereas the proposed CC designation has a target FAR of 0.30. Similarly, the existing BP designation has maximum lot coverage of 40%, whereas the proposed CC designation has maximum lot coverage of 30%. Both zones allow a maximum height of 50 feet. Other differences refer to minimum lot size and setbacks, which are less for the proposed CC designation than the existing BP designation, and the percent of required landscaping, which is less for the proposed CC designation. These standards are not significantly different and will not lead to future design conflicts with adjacent uses. The General Plan Community Design Element goals and policies will prevail when a future Development Plan is submitted. Environmental Determination This project does not qualify for an exemption from CEQA and an initial environmental assessment was prepared. The initial environmental assessment for this project identified no potentially significant impacts and a Negative Declaration was prepared. Issues related to Traffic/Circulation were identified with a "No Impact" designation because daily vehicle trips would increase but would remain at Levels of Service within thresholds of significance determined by the City's General Plan Circulation Element, and the City's Growth Management Action Plan. Also, the EIR for the City's General Plan considered the impacts on the roadways under buildout conditions with the current General Plan land use and zoning designations. The proposed change of uses will not significantly affect the number of daily vehicle trips anticipated in the General Plan EIR. In terms of Biological Resources, the applicant has already mitigated potential impacts to burrowing owls by relocating their dens. A report filed by the project biologist indicates that there are no immitigable impacts to burrowing owls as a result of the relocation. Mass grading has already occurred on the site per approval of Tentative Map 30107. Per Condition of Approval No. 14 for TPM 30107, the applicant will obtain clearance from the Department of Fish and Game concerning the presence of Riverside Fairy Shrimp in the drainage channel that runs through the westerly portion of the site, prior to obtaining precise grading permits. It should be noted that the site has already been disturbed and that approval of the General Plan Amendment, Specific Plan Amendment, and Zone Change will not directly lead to development of the site. No new impacts are anticipated as a result of this project. The public review period for the Negative Declaration was from October 31,2002 to November 19, 2002. At the time this rePOrt was prepared, no written comments had been received. R:\G P A\PA01-0418 Eli Lilly~PC Staff Report 11-20-02 Eli Lilly.doc 7 SUMMARY/CONCLUSIONS Staff has determined that the project as proposed is consistent with the General Plan and Zoning. Staff recommends that the Planning Commission adopt a Resolution recommending that the City Council approve the Negative Declaration and the General Plan Amendment, the Specific Plan Amendment and the Zone Change. FINDINGS To recommend approval of the General Plan Amendment, the following findings must be made: 1. The amendment is compatible with the health, safety and welfare of the community. The proposed amendment meets the goals and policies of the General Plan, and is consistent with the anticipated impacts of the Final Environmental Impact Report (EIR) for the General Plan and the guidelines of the Development Code. Any future development of the site will be subject to the City's General Plan, Development Code and Design Guidelines to ensure the public health, safety and welfare of the community is maintained when the site. is developed. 2. The amendment is compatible with existing and surrounding uses. There are existing parcels designated Community Commercial and Professional Office along the north side of Ovedand Ddve, High Density residential parcels along the east side of Margarita Road, and Light Industrial and Service Commercial on the west side of Ynez Road adjacent to the site. Therefore, the proposed amendment will be compatible with future uses in the surrounding area. The amendment will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. The proposed land use map amendments will not conflict with the existing zoning or land uses and will result in more compatible potential land uses as there is existing commercial property across from the site on Ovedand Ddve, High Density residential along the east side of Margarita Road, and Light Industrial and Service Commercial on the west side of Ynez Road adjacent to the site. Therefore, the proposed amendment will result in compatible development, which is a goal of the General Plan. To recommend approval of the Specific Plan Amendment, the following findings must be made: The proposed amendment is consistent with the land use designation in which the use is located, as shown on the General Plan Land Use Map. The proposed Specific Plan Amendment is consistent with the General Plan of the City of Temecula if the proposed amendment is processed concurrently with the proposed General Plan Land Use Amendment. The proposed Specific Plan Amendment is in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. R:\G P A~PA01-0418 Eli Lilly~PC Staff Report 11-20-02 Eli Lilly.doc 8 The proposed Specific Plan Amendment conforms to the General Plan and will result in more compatible potential land uses as there is existing commercial property across from the site on Ove#and Drive and Ynez Road, and the subject site is currently adjacent to High Density Residential development on the east side ef Margarita Road. Therefore, the proposed amendment will result in compatible development, which is a goal of the General Plan. To recommend approval of the Zone Change, the following findings must be made: The proposed Zone is consistent with the land use designation in which the use is located, as shown on the Land Use Map. The proposed change of zone is consistent with the General Plan of the City of Temecula if the proposed Zone Change is processed concurrently with the proposed General Plan Land Use Amendment. The proposed use is in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed change of zone conforms to the General Plan and will result in more compatible potential land uses as there is existing commercial property across from the site on Overland Drive and Ynez Road, and the subject site is currently adjacent to High Density Residential development on the east side of Margarita Read. Therefore, the proposed amendment will result in compatible development, which is a goal of the General Plan. R:\G P A'~°A01-0418 Eli Lilly~PC Staff Report 11-20~02 Eli Lilly.doc 9 Attachments' 1. PC Resolution - Blue Page 11 A. PC Resolution (General Plan Amendment and Environmental Determination, Specific Plan Amendment, and Change of Zone) B, CC Resolution (General Plan Amendment and Environmental Determination) C. CC Ordinance (Specific Plan' Amendment) D. CC Ordinance (Change of Zone) 2. Initial StUdy - Blue Page 20 3, Development Agreement - November 9, 1999 - Blue Page 42 4. Operating Memorandum - October __, 2002 - Blue Page 43 5. Specific Plan Amendment - Blue Page 46 6. Exhibits - Blue Page 47 A. Vicinity Map B. General Plan Map C, Zoning Map R:\G P A'~PA01-0418 Eli Ully~PC Staff Report 11-20-02 Eli Lilly.doc 10 ATrACHMENT NO. 1 pC RESOLUTION NO. 2002- . R:\G P A\PA01-0418 Eli Lilly~PC Staff Report 11-20-02 Eli Lilly.doc 11 ATTACHMENT NO. lA PC RESOLUTION NO. 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE PLANNING APPLICATION NO. 01-0418, A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATIONS FROM BUSINESS PARK (BP) TO COMMUNITY COMMERCIAL (CC) ON THREE PARCELS; PLANNING APPLICATION NO. 01-0509, A SPECIFIC PLAN AMENDMENT TO REMOVE ONE PARCEL FROM THE REGIONAL CENTER SPECIFIC PLAN (SP-7); AND PLANNING APPLICATION NO. 01- 0510, A ZONE CHANGE FROM BP TO CC ON 'I'~VO PARCELS, AND FROM SP-7 TO CC ON ONE PARCEL GENERALLY LOCATED ON THE SOUTH SIDE OF OVERLAND DRIVE BETWEEN MARGARITA AND YNEZ ROADS, AND GENERALLY KNOWN AS LOTS 1, 2 AND 3 OF PM 30107. WHEREAS, Eli Lilly & Company filed Planning Application Nos. PA01-0418, 02-0509, and 02-0510 (the "Application"), in a manner in accord with the City of Temecula General Plan and Development Code; and WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; and WHEREAS, the Planning Commission considered the Application on November 20, 2002, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; and WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended the City Council approve of the Application after finding that the project proposed in the Application conformed to the City of Temecula General Plan; NOW, THEREFORE, 'FHE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findin.qs. The Planning Commission in recommending approval of the Application, makes the following findings: A. The proposed amendment would not adversely impact area wide traffic circulation; B. The proposed amendment would not be contrary to the goals and policies contained in the adopted General Plan; and, C. The proposed amendment would not be inconsistent with the other Elements of the adopted General Plan. R:\G P A~PA01-0418 Elf UIIy~PC Staff Report 11-20-02 Eli Lilly.doc 12 Section 3. Environmental Compliance. An Initial Study prepared for this project indicates that the proposed project would not create any significant impacts on the environment. As a result, the Planning Commission recommends that the City Council adopt a Negative Declaration for this project. Section 4. Recommendation. That the citY of Temecula Planning Commission hereby recommends that the City Council approve the Application to amend the adopted General Plan Land Use for the City of Temecula from Business Park to Community Commercial; and Official Zoning Map for the City of Temecula by changing the designations on the property from Business Park and SP-7 to Community Commercial for three parcels identified as lots 1,2, and 3 of Parcel Map 30107; and amend the Regional Center Specific Plan by removing all reference to Planning Area 3 (Lot 1 of Parcel Map 30107). Section 5. PASSED, APPROVED AND ADOPTED this 20th day of November 2002. Dennis Chiniaeff, Chairperson ATTEST: Debbie Ubnoske, Secretary [SEAL] (STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) · I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certifythat PC Resolution No. 2002- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20~ day of November 2002 by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\G P A~PA01-0418 Eli LilIy~PC Staff Report 11-20-02 Eli Lilly.doc 13 AI-rACHMENT NO. lB RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE crrY OF TEMECULA RECOMMENDING THE CITY COUNCIL APPROVES PLANNING APPLICATION NO. 01-0418, A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATIONS FROM BUSINESS PARK (BP) TO COMMUNn'Y COMMERCIAL (CC) ON THREE PARCELS AND ADOPT A NEGATIVE DECLARATION FOR THREE PARCELS GENERALLY LOCATED ON THE SOUTH SIDE OF OVERLAND DRIVE BETWEEN MARGARITA AND YNEZ ROADS, AND GENERALLY KNOWN AS LOTS 1, 2 AND 3 OF PM 30107. WHEREAS, Section 65300 of the Government Code requires that cities adopt a comprehensive, long-term General Plan for the physical development of the jurisdiction as well as any adjacent areas which, in the judgment of the city, bears a relationship to its planning; and WHEREAS, the Applicant submitted an Application for a General Plan Amendment on August 24, 200; and WHEREAS, the Planning Commission held duly noticed public hearing on November 20, 2002, and recommended that the City Council approve the attached amendments to the General Plan Land Use Map; and WHEREAS, the City Council has held a duly noticed public hearing on consider the proposed General Plan Amendment; and ,2002 to NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF TEMECULA DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: Section 1. Amendments to the General Plan Land Use Map The City Council hereby amends the General Plan Land Use Designations for the City of Temecula for the parcels identified as lots 1, 2, and 3 of Parcel Map 30107from Business Park to Community Commercial. Section 2. Specific Plan Amendment. Modify SP-7 to remove all references to Planning Area 3 from the text as well as the acreage tabulations and exhibits. Section 3. Environmental Review. The City Council, based upon the information contained in the Initial Environmental Study and Negative Declaration prepared for this project, finds that the impacts of the proposed amendment is accurately described and discussed and that the Mitigated Negative Declaration accurately reflects the impacts of the amended General Plan on the City of Temecula and its surrounding areas. Section 4. Severability. The City Council hereby declares that the provisions of this Resolution are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect the validity of the remaining parts of this Resolution. Section 5. The City Clerk shall certify the adoption of this Resolution. R:\G P A~PA01-0418 Eli Lilly~PC Staff Report 11-20-02 Eli Lilly.doc 14 Section 6. PASSED, APPROVED AND ADOPTED this __th day of ,2002. (~-) ATTEST: Ron Roberts, Mayor Susan Jones, CMC, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the day of AYES: 0 NOES: 0 ABSENT: 0 ,2002bythefollowingvoteoftheCouncih COUNCILMEMBERS: COUNCILMEMBERS: COUNClLMEMBERS: Susan Jones, CMC, City Clerk R:\G P A~PA01-0418 Eli Litly~PC Staff Report 11-20-02 Eli Lilly.doc 15 ATTACHMENT NO. 1C ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE REGIONAL CENTER SPECIFIC PLAN (SP-7) TO REMOVE ONE PARCEL (LOT 1 OF PM 30107) FROM THE REGIONAL CENTER SPECIFIC PLAN (SP-7), GENERALLY LOCATED AT THE SOUTHEAST CORNER OF OVERLAND DRIVE AND YNEZ ROAD, AND GENERALLY KNOWN AS LOTS 1 OF PM 30107 (PA NO. 02-0510). WHEREAS, the Applicant submitted an Application for a Specific Plan Amendment on August 24, 2001; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 20, 2002, and recommended that the City Council approve the attached amendments to the City Zoning Map; and WHEREAS, this Ordinance complies with all the applicable requirements of State law and local ordinances; and, WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, local newspaper, and the project site; and, WHEREAS, the City Council has held a duly noticed public hearing on consider the proposed amendments to the City Zoning Map. ,2002to THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendments To The Reqional Center Specific Plan (SP-7). The City Council hereby amends the Regional Center Specific Plan (SP-7) for the City of Temecula for the parcel identified as Lot I of Parcel Map 30107 by removing all references to Planning Area 3 of from Section III.B. of theSpecific Plan from all text and exhibits. Section 2. Environmental Review. The City Council, based upon the information contained in the Initial Environmental Study and Negative Declaration prepared for this project, finds that the impacts of the proposed amendment is accurately described and discussed and that the Negative Declaration accurately reflects the impacts of the amended Specific Plan on the City of Temecula and its surrounding areas. 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 R:\G P A'~PA01-0418 Eli Ully~PC Staff Report 11-20-02 Eli Lilly.doc 16 after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. Section 6. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and cimulated in said City. Section 7. PASSED, APPROVED AND ADOPTED this day of ,2002. ATTEST: Ron Roberts, Mayor Susan W. Jones, OMC CityClerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 02- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the ._th day of , 2002 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the th day of ,2002, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCiLMEMBERS: Susan W. Jones, CMC City Clerk R:\G P A~PA01-O418 Eli Lilly~PC Staff Report 11-20-02 Eli Lilly.doc 17 ATTACHMENT NO. 1D ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP TO CHANGE LOT I OF PARCEL MAP 30107 FROM SP-7 TO COMMUNITY COMMERCIAL, AND LOTS 2 AND 3OF PARCEL MAP 30107 FROM BUSINESS PARK TO COMMUNITY COMMERCIAL, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF OVERLAND DRIVE AND YNEZ ROAD (PA NO. 02- 0509). WHEREAS, the Applicant submitted an Application for a Zone Change on August 24, 2001; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 20, 2002, and recommended that the City Council approve the attached amendments to the City Zoning Map; and WHEREAS, this Ordinance complies with all the applicable requirements of State law and local ordinances; and, WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, local newspaper, and the project site; and, WHEREAS, the City Council has held a duly noticed public hearing on consider the proposed amendments to the City Zoning Map. ,2002to THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendments to the Official Zonin.q Map. The City Council hereby amends the Official Zoning Map for the City of Temecula for the parcels identified as Lot 1 'of Parcel Map 30107 by changing the zoning designation from SP-7 to Community Commercial, and the parcels identified as Lots 2 and 3 of Parcel Map 30107. Section 2. Environmental Review. The City Council, based upon the information contained in the Initial Environmental Study and Negative Declaration prepared for this project, finds that the impacts of the proposed amendment is accurately described and discussed and that the Negative Declaration accurately reflects the impacts of the amended Zoning Map on the City of Temecula and its surrounding areas. 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. R:\G P A\PA01-0418 Eli Lilly~PC Staff Report 11-20-02 Eli Lilly,doc 18 Section 5. Effective Date. This Ordinance shall be in full fome and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. Section 6. This Ordinance shall be in full fome and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and cimulated in said City. Section 7. PASSED, APPROVED AND ADOPTED this day of ,2002. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) · I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 02- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the __th day of ,2002 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the th day 0[ ,2002, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:\G P A~PA01-0418 Eli Lilly~PC Staff Report 11-20-02 Eli Lilly.doc 19 ATTACHMENT NO. 2 INITIAL STUDY R:\G P A~PA01-0418 Eli Lilly~PC Staff Report 11-20-02 Eli Lilly.doc 20 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 ~'~ Environmental Checklist Project Title Planning Application No. PA01-0418, General Plan Amendment Planning Application No. PA01-0510, Specific Plan Amendment Planning Appiication No. PA01-0509, Zone Change Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Contact Person and Phone Number Emery J. Papp, Associate Planner (909) 694-6400 Project Location West side of Margarita Road, south side of Overland Drive and north of Solana Way (Lot Nos. 1,2, and 3 of TPM 30107 see attached map) Project Sponsor's Name and Address Excel Engineering 440 State Place Escondido, CA. 92029 General Plan Designation Business Park (BP) Zoning BP and SP-7 (Temecula Regional Center, SP-7) Description of Project PA01-0418 is a request to change the General Plan Land Use designations from Business Park (BP) to Community Commemial (CC). PA01-0510 is a request to change the Regional Center Specific Plan (SP-7) by removing Planning Area No. 3 from SP-7. PA01-0509 is a request to change Zoning from SP-7 to CC on one parcel, from BP to ~' CC on two parcels. -~urrounding Land Uses and Setting North: SP-7; Costco retail store and vacant land East: High Density Residential (H); Solana Ridge Apartments South: H and Service Commercial (SC); Acacia Park Resort Apartments and Paradise Chevrolet West: LI and SC; Guidant Corporation building and parking lot, and Norm Reeves overflow parking lot and vehicle repair building Other public agencies whose approval is required Approach to Analysis General Plan/Zoning Level Project General Plan/Zoning Level Analysis R:\G P A~°A01-0418 Eli Lilly~PC Staff Report 11-20-02 Eli Lilly,doc 21 ! Environmental Factors Potentially Affected (~) The environmental factors checked below would be potentially affected by this project, involving at least one impa that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use Planning Population and Housing Geologic Problems Water Air Quality Transportation/Circulation Biological Resources tEnergy and Mineral Resources Hazards Noise Public Services Utilities and Service Systems Aesthetics Cultural Resources Recreation Mandatory Findings of Significance None Determination (To be completed by the lead agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will net be a significant effect in this case because revisions in the project have been made by or agreed to by the A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ~ ENVIRONMENTAL IMPACT REPORT is required ~ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1 ) has been adequately analyze~J in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the ear er aha ys s as descnbed on attached sheets, f the effect ~s a potent ally significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT uired, but it must analyze only the effects that remain to be addressed. ** I find that although the proposed project could have a significant effect on the environment, because all y significant effects (a) have been analyzed adequately in an earlier EIR or NEGATI~/E ;LARATION pursuant to applicable standards, and (b) have been avoided or mitigated pu!suant to that earlier EIR er NEGATIVE DECLARATION, including revisions or mitigation measures that are nothing further is required. Signature Date Printed name For R:\G P A~PA01-0418 Eli Lilly~PC Staff Report 11o20-02 Eli Lilly.doc 22 1. Land Use and Planning. Would the project: '~'~'~ ~ ..... SSues and~S~P'bA ng~lnf~a~ on~Soumes:~ ~ ~" - a. Physically divide an established communi~? b. Conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigation an environmental effect? c. Conflict with any applicable habitat conse~ation plan or natural communi~ conse~ation plan? Comments: The project site is vacant and is surrounded by SP-7 (Temecula Regional Center Specific Plan) zoned properties to the north that include a Costco retail store and vacant land, High Density Residential (H) zoned property to the east that includes the Solana Ridge Apartments, H and Service Commercial (SC) zoned properties to the south that contain the Acacia Park Resort Apartments and Paradise Chevrolet, and LI and SC zoned properties to the west that include the Guidant Corporation building and parking lot, and a Norm Reeves OVerflow parking lot and vehicle repair building. The development of this site will be consistent with the commercial land use patterns found in the surrounding properties. No impacts are anticipated as a result of this project. The project will not conflict with applicable General Plan designations, environmental plans or policies adopted by agencies with jurisdiction over the project. Impacts from all General Plan land use designations were analyzed in the Environmental Impact Report (EIR) for the General Plan. Agencies with jurisdiction within the City commented on the scope of the analysis contained in the EIR and how the land uses would impact their particular agency. Mitigation measures approved with the EIR will be applied to this project where necessary. Further, all agencies with jurisdiction over the project are also being given the opportunity to comment on the project, and it is anticipated that they will make the appropriate comments as to how the project relates to their specific environmental plans or policies. The project site has been previously graded and services are available into the area. There will be no impacts on adopted environmental plans or policies. The proposed project will not conflict with any applicable habitat conservation plan or natural community conservation plan. The site has been graded and continuously grubbed for weed abatement and fire protection. This site is not within any applicable habitat conservation plan or natural community conservation plan. Therefore, no impacts are anticipated as a result of this project. RAG P A~PA01-0418 Eli Lilly~PC Staff Report 11-20-02 Eli Lilly.doc 23 2. POPULATION AND HOUSING. Would the project: ssUes an'd Suppo~mg~l~i~S~Sgr.ce~ ;~,!~ a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Comments: The project is consistent with the City's General Plan Community Commercial land use designation, and the proposed zoning designations. No new impacts are anticipated as a result of this project. The project will not displace substantial numbers of people or existing housing as the site is vacant and has non-residential General Plan Land Use designations. The site is zoned for industrial and commemial development. No impacts are anticipated as a result of this project, R:\G P A'~PA01-0418 Eli Lilly\PC Staff Report 11-20-O2 Eli Lilly.doc 24 3. GEOLOGY AND SOILS. Would the project? a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b. Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? do Be located on expansive soil, as defined in Table 1801-B of the Uniform Building Code (1994), creating substantial risks to life or property?. ~. Have soil incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Comments: 3.a.i. - a.iv. The most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area shows that there are no faults through this property; therefore, no impacts are anticipated as a result of this project, 3. b,c,d,e. The approval of the GPA, the SPA and the ZC are actions that will not directly lead to development. Consequently, there will be no impacts to geology and soils. R:\G P A~PA01-0418 Eli Lilly~PC Staff Report 11-20-02 Eli Ully,doc 25 4. HYDROLOGY AND WATER QUALITY. Would the project: ' . SSuos and Suppo~ting~lhl=or~tn'&ziOh~b,r~'?;~ a. Violate any water quality standards or waste discharge requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site · or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e. Create er contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? ' f. Otherwise substantially degrade water quality? g. Place housing within a lO0-~ear flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a lO0-year flood hazard area structures which would impede or redirect flood flows? i. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? Comments: These actions will not create a need for additional water supplies, nor will they impact issues of quality, drainage, or flood zones. No new impacts are anticipated as a result of this project. R:\G P A~PA01-0418 Eli LillY\PC Staff Report 11-20-02 Eli Lilly,doc 26 AIR QUALITY. Where available, the significance criteria established by the applicable quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a. Conflict with or obstruct implementation of the applicable air quality plan? bo Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors? d. Expose sensitive receptors to substantial pollutant concentrations? e. Create objectionable odors affecting a substantial number Of people? Comments: Approval of these actions will not conflict with applicable air quality plans nor violate air quality or pollution standards. No new impacts are anticipated as a result of this project. R:\G P A~PA01-0418 Eli Lilly",PC Staff Report 11-20-02 Eli Lilly.doc 27 6. TRANSPORTATION/TRAFFIC. Would the project: a. Cause an increase in traffic which is substantial in relation to the existing traffic Icad and capaci~ of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capaci~ ratio on roads, or ~ngestion at intersections? b. Exceed, either individually or cumulatively, a level of sewice standard established by the coun~ congestion management agency for designated roads or highways? c. Result in a change in air traffic pa~erns, including either an increase in traffic levels or a change in location that results in substantial safe~ Hsks? d. Substantially increase hazards due to a design feature (e.g., sha~ cuwes or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? f. Result in inadequate parking capaci~? g. Conflict with adopted policies, plans, or programs suppoAing alternative transpoAation (e.g., bus turnouts, bicycle racks? Comments: Approval of these actions will not conflict with applicable transportation or cimulation plans or standards. A traffic study was prepared for this project in January 2001 that discusses trip generation equivalency at the General Plan level. The traffic study indicates that average daily trip generation will be within Level of Service "D" during peak periods, and Level of Service "C" or better dudng non-peak pedods as required by the City's General Plan and Growth Management Action Plan. The average daily trip counts for the intersections affected by this project at the time the traffic study was prepared, are as follows: R:~G P A~PA01-0418 Eli Lilly~PC Staff Report 11-20-02 Eli Lilly.doc 28 INTERSECTION AVERAGE DALLY TRIP COUNTS - EXISTING PEAK HOUR CONDITIONS - NORTH SOUTH EAST W EST BOUND BOUND BOUND BOUND INTERSECTION Peak L T R L T R L T R L T R LEVEL OF Hour SERVICE AM 38 58 0 0 75 19 80 0 78 0 0 0 C Margarita Rd. at 6 7 4 2 AM 16 47 45 50 47 29 38 16 85 46 37 10 C Ynez Rd. at Overland 4 8 6 I 7 9' The traffic study also identifies the impacts to the affected intersections at project buildout. The traffic counts shown in the Table below incorporate trip counts from two additional pamels related to the future development of the site but are not included as part of the General Plan Amendment, Specific Plan Amendment, or Zone Change. The average daily trip count takes into consideration the proposed land use changes for the parcels on the south side of Overland Drive between Margarita and Ynez Roads, and the parcels north of Solana Way and west of Margarita Road. Because the traffic study takes a larger project area into consideration, it is important to note that the traffic impacts created by the proposed land use and zone change will be less than the cumulative impacts identified for the future development of this site. The peak hour traffic analysis for the intersections affected by the project at the time the traffic study was prepared are summarized as follows: INTERSECTION AVERAGE DAILY TRIP COUNTS - PEAK HOUR CONDITIONS WITH PROJECT - LEVEL INTERSECTIO NORTH BOUND SOUTH BOUND EAST BOUND. WEST BOUND OF N Peak L T R L T R L T R L T, R SERVIC Hour E AM i 411 598 0 0 924 221 156 0 101 0 0 0 C Margarita Rd. AM 193 509 77 188 529 29 38 228 108 46 406 174 C Ynez Rd. at The results of the study indicate that impacts to circulation are within the goals established by the City's General Plan, and conform to policies contained in the City's Growth Management Action Plan. The study has been reviewed and accepted by the Public Works Department. No new impacts are anticipated as a result of this project. R:\G P A~PA01-0418 Eli Lilly~PC Staff Report 11-20-02 Eli Lilly.doc 29 7. BIOLOGICAL RESOURCES: Would the Project: · ' . Issues and Supporting.Information Sources~. a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c. Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: The area is located within the Stephen's Kangaroo Rat Habitat Fee Area. However, habitat Conservation fees will not be required to mitigate the effect of cumulative impacts to the species from urbanization occurring throughout western Riverside County because this project is an administrative approval only. Future development of the site will require these fees to be paid. The applicant has already mitigated potential impacts to burrowing owls by relocating their dens. A report filed by the project biologist indicates that there are no immitigable impacts to burrowing owls as a result of the relocation. Mass grading has already occurred on the site per approval of Tentative Map 30107. Per Condition of Approval No. 14 for TPM 30107, the applicant will obtain clearance from the Department of Fish and Game concerning the presence of Riverside Fairy Shrimp in the drainage channel that runs through the westedy portion of the site, pdor to obtaining precise grading permits. It should be noted that the site has already been disturbed and that approval of the General Plan R:\G P A~PA01-0418 Eli Lilly~PC Staff Report 11-20-02 Eli Lilly.doc 3O MINERAL RESOURCES. Would the project: a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local genera p an, spec fic plan or other land use plan? Amendment, Specific Plan Amendment, and Zone Change will not directly lead to development of the site, No new impacts are anticipated as a result of this project. Comments: The project will not result in the loss of available, known mineral resources or in the loss of an available, locally important mineral msoume recovery site. The State Geologist has classified the City of Temecula a classification.of MRZ-3a, containing areas of sedimentary deposits, which have the potential for supplying sand and gravel for concrete and crashed stone for aggregate. However, these areas are determined as not containing deposits of significant economic value based upon available data in reports prepared in accordance with the Surface Mining end Reclamation Act (SMARA) of 1975. No impacts are anticipated as a result of this project. R:\G P A~PA01-0418 Eli Lilly~PC Staff Report 11-20-02 Eli Lilly.doc 31 9. HAZARDS AND HAZARDOUS MATERIALS. Would the project: ssues ano~buppen rig' mermat on~oumes,. -. a. Create a significant hazard to the public or the environment through the routine transpodation, use, or disposal of hazardous materials? b. Crate a significant hazard to the public or the en~ronment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely haza~ous materials, substances, or waste within one-qua~er mile of an existing or proposed school? d. Be located on a site which is included on a list of ha~rdous materials sites ~mpiled pumuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an ai~o~ land use plan or, where such a plan has not been adopted, within ~o miles or a public ai~o~ or public use ai~0d, would the project result in a safe~ hazard for people residing or working in the project area? f. For a project within the vicini~ of a pdvate airstrip, would the project result in a safe~ hazard for people residing or working in the project area? g. Impair implementation of or physically intedere with an adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk or loss, inju~ or death involving wildland fires, including where wildlands are adjacent to u~anized areas or where residences are intermixed with wildlands? Comments: These actions are for the future development of commemial and office buildings. No hazardous materials or other risks to health will occur as a result of this project. When an application is made for future development proposals, a Statement of Operation and a Business Plan will be required that will be reviewed by the City's Fire Department. Therefore, no impacts are anticipated as a result of this project. R:\G P A~PA01-0418 Ell Lilly~PC Staff Report 11-20-02 Eli Lilly.doc 32 L~0. NOISE. Would the project result in: "~'~ ·-"-' a. Exposure of people to severe noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d. A substantial temporary or pedodic increase in ambient no se eve s n the project vicinity above levels existing without the project? e. For a project located within an airport land use plan or, where such a plan has not been adopted,.within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? [~. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Comments: This project site is currently designated for the development of industrial or business park buildings. The site is vacant and development of the land logically will result in increases to noise levels during construction phases as well as increases to noise in the area over the long run. However, the proposal to change the General Plan Land Uses and Zoning will not create noise. Therefore, no impacts will result from this project. R:\G P A~PA01-0418 Eli LJIly~PC Staff Report 11-20-02 I:ll Lilly.doc 33 ( 11. PUBLIC SERVICES: Would the proposal hsve sn effect upon, or result in e need for new or altered Government services in any of the following areas: a. Would the project result in substantial adverse physical impacts associates with the provisions of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services? b. Fire protection? c. Police protection? d. Schools? e. Parks? fo Other public facilities? Comments: The project will have no impact on, or result in a need for new or altered fire, police, recreation or other public facilities. The future development of this site will incrementally increase the need for these services. However, no impacts will result from this project. R:\G P A~PA01-0418 Ell Lilly~PC Staff Report 11-20-02 Eli Lilly.doc 34 ~'~2. UTILITIES AND SERVICE SYSTEMS: Would the project: a. Exceed wastewater treatment requirements of the applicable Regional ,Water Quality Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected i) demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g. Comply with federal, state, and local statutes and regulations related to solid waste? Comments: The project will have no impact on, or result in a need for new water, wastewater, storm drains or other public infrastructure. The future development of this site will incrementally increase the need for these services. However, no impacts will result from this project. R:\G P A",PA01-0418 Eli Lilly~C Staff Report 11-20-02 Eli Lilly.doc 35 13. AESTHEllCS. Would the project: ssues and SupPort ng Mfo'i~m~h S~ur~§. b. Substantially damage scenic resources, including, but not limited to, trees, rock outcropping, and historic building within a state scenic highway? c. Substantially degrade the existing visual character or quality of the site and its surroundings? d. Create a new source of substantial light or glare which .,j would adversely affect day or nighttime views in the area? Comments: The project will not affect a scenic vista or scenic highway. The project is not located in an area where there is a scenic vista. The City does not have any designated scenic highways. No impacts are anticipated as a result of this project. R:\G P A'~°A01-0418 Eli Lilly~PC' Staff Report 11-20-02 Eli Ully.doc 36 14. CULTURAL RESOURCES. Would the project: 4 a. Cause a substantial adverse change in the significance of a historical resource as defined in Section 1506.5? b. Cause a substantial adverse change in the significance of an archaeological resoume pursuant to Section 1506.57 c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d. Disturb any human remains, including those interred outside of formal cemeteries? Comments: The southeast portion of the project site is located in an area of sensitivity for amhaeological resoumes pursuant to the General Plan (Figure, 5-6). The Eastern Information Center of the University of California at Riverside (UCR) states in its response dated April 9, 2001 that a previous Phase I cultural resoumes study (MF#4924) identified no cultural resoumes. However, there will be no grading resulting from this action, therefore, no impacts are anticipated as a result of this project. R:\G P A~PA01-0418 Eli Ully'~PC Staff Report 11-20-02 Eli Lilly.doc 37 15. RECREATION. Would the project: . ~. ~ ssu~s~and a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Comments: The project will have no impact on the demand for neighborhood or regional parks or other recreational facilities, or affect existing recreational opportunities. No impacts are anticipated as a result of this project. R:\G P A~PAO~-0418 Eli Lilly~PC Staff Report 11-20-02 Eli Lilly.doc 38 L~6. Agricultural Resources. Would the project: issues ana ~uppo~mg. ~me~ma~!qn.~qurces? ~.~ · - .- a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the Oalifornia Resources Agency, to non- agricultural use? b. Conflict with the existing zoning for agricultural use, or a Williamson Act contract? c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland, to non-agricultural use? The project site is not currently in agricultural production, does not have an agricultural zoning designation, and the site is not regulated by a Williamson Act contract, in addition, this property is not considered prime or unique Farmland of statewide importance pursuant to the Farmland Mapping and Monitoring Program of the California Resoumes Agency or the City of Temecula's General Plan. Therefore, there are no impacts related to this issue. R:\G P A~PA01-0418 Eli Lilly~PC Staff Report 11-20-02 Eli Lilly.doc 39 17. MANDATORY FINDINGS OF SIGNIFICANCE. a. Doss the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. ~ Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a ! project are considerable when viewed in connection with the effects of past projects, the effects of other current I projects, and the effects of probable future projects? c. Does the project have environmental effects which will , cause substantial adverse effects on human beings, either directly or indirectly?. Comments: 17.a. This site has been previously graded and is surrounded by industrial, commercial and high density residential development and does not contain any viable habitat for fish or wildlife species. This is an action that will lead to an in-fill development project and it does not have the potential to: degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Unless impacts are anticipated as a result of possible future spring USFWS protocol surveys for the QCB, California Gnatcatcher, or the Rivemide Fairy Shrimp, and if such surveys do not detect the presence of such species on the project site, no further mitigation is necessary, and therefore the proposed project would not have an impact on fish and wildlife species. 17.b. The cumulative effects from the project are not considered significant because the subject site will be developed in conformance with the City of Temecula's General Plan and Development Code. All cumulative effects for the various land uses of the subject site as well as the surrounding developments were analyzed in the General Plan Environmental Impact Report. Given the project's consistency with the General Plan and Development Code, the cumulative impact related to the future development of the site will not have a significant impact. 17.c. The parcel map and the future development of industrial lots or buildings will not have environmental effects that would cause substantial adverse effects on human beings, directly or indirectly. .The site will be designed and developed consistent with the Development Code and General Plan. No significant impacts are anticipated as a result of this project. R:\G P A"~PA01-0418 Eli Ully~PC Staff Report 11.20-02 Eli Lilly,doc 40 ~-~7. EARLIER ANALYSES. Earlier analyses may be used where,'pursuant to the tiering, program EIR, r other CEQAprocess, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a. Earlier analyses used. Identify earlier analyses and state where they are available for re'view. b. Impacts adequately addressed. Identify which affects from the above check list were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. SOURCES City of Temecula General Plan. City of Temecula General Plan Final Environmental Impact Report. South Coast Air Qualify Management District CEQA Air Qualify Handbook. R:\G P A~PA01-0418 Eli Lilly,PC Staff Report 11-20-02 Eli Ully,doc 41 ITEM 15 TO: FROM: DATE: SUBJECT: APPROVAL ECTOR OF FINANCE_,.-~ /EX CITY MANAGER ~ ' V CITY OF TEMECULA AGENDA REPORT City Manager/Cij~cil Debbie Ubnosk~, Director of Planning January 14,2003 Valley Christian Fellowship General Plan Amendment and Zone Change (PA02- 0260) PREPARED BY: Emery Papp, Associate Planner RECOMMENDATION: That the City Council: 1. ADOPT. a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO DENY THE GENERAL PLAN LAND USE AMENDMENT FOR A SITE LOCATED AT THE SOUTHWEST CORNER OF DEPORTOLA AND MARGARITA ROADS (ASSESSOR'S PARCEL NUMBER 959-150-050). BACKGROUND: The application for the General Plan Amendment (GPA) and Zone Change (ZC) was originated by Valley Christian Fellowship. It is their belief that the site is unsuitable for construction of a single-family residence and that Professional Office (PO) is a more appropriate use for the site. The church is not proposing to build on the site. After consideration of the item on two occasions, the Planning Commission, having heard evidence in support of and in opposition to the proposed change, has recommended denial of the application as a separate action and that it be re-considered as part of the upcoming comprehensive General Plan update. DISCUSSION: Applicant Proposal/Concerns The subject property has been on the market for more than two years. The existing land use and zoning designations are Very Low Density Residential (VL). The applicant feels that existing designations on this parcel are undesirable and have impeded their ability to sell the property. The applicant also feels that changing the designations from VL to PO would make the parcel more desireble to would-be buyers, and is consistent with adjacent land uses. R:~G P A~2002\02-0260 Valley Christian Fellowship~Agenda Report CC 01-14-03.doc 1 Community Concerns The subject parcel is located within the Los Ranchitos Homeowners Association (LRHOA). The LRHOA Board is opposed to the land use and zoning designation changes. Several letters from the LRHOA Board were submitted to the Planning Commission on November 20, 2002 (Attachment 3). The LRHOA Board is concerned that the proposal would create incompatible land uses, would allow additional "zoning creep" into the LRHOA boundary, and increase traffic on DePortola Road west of Margarita Road. Staff Analysis Staff reviewed the General Plan to assess the potential consistency of the proposed amendment with adopted Goals and Policies. Staff examined the Land Use, Noise, Circulation, and Community Design Elements and feels the proposed change is consistent with the General Plan and the existing land uses along Margarita Road. An Element-by-Element analysis of key General Plan issues can be found in the attached Planning Commission Agenda Packet. The existing designations between DePortola Road and Highway 79 South along Margarita Road are for commercial and office uses, except for the parcel considered under this application. The parcel is bounded by two major roads and by parcels designated as PO and VL. The owner of the only residential parcel adjacent to the subject site supports the proposed change (Attachment 4). It is the opinion of staff that the proposed change is consistent with the existing zoning along Margarita Road, south of DePortola Road. Planning Commission Comments The Commission had mixed views about the application. Commissioner Guerriero was concerned about setting a precedent for other parcels in proximity to the intersection. Commissioner Matthewson was not convinced that the PO designation is the best use for the site. Commissioner Telesio concurred with the proposal and felt that design issues could be adequately addressed when a development application is submitted. Chairman Chiniaeff was not opposed to the change, but felt it would be more appropriate to incorporate the proposed change into the City's Comprehensive General Plan Update. Commissioner Ohlasso was absent. A motion recommending denial of the application without prejudice was made and passed 4-0-1. Minutes of the November 20, 2002 PC meeting were not available at the time this report was prepared. Due to the lack of a majority vote and the comment made by Chairman Chiniaeff that this change might be more appropriately incorporated into the City's General Plan Update, the Council may wish to defer this request to the General Plan Land Use Element Update. FISCAL IMPACT: No fiscal impact is anticipated. ATTACHMENTS: 1. City Council Resolution of Denial - Page 3 2. Planning Commission Agenda Packet November 20, 2002 - Page 6 3. Information Packet from Los Ranchitos Homeowners Association - Page 7 4. Support Letter from adjacent Residential Owner - Page 8 R:\G P A~2002\02-0260 Valley Christian Fellowship~Agenda Report CC 01-14-03.doc 2 ATrACHMENT NO. 1 CITY COUNCIL RESOLUTION OF DENIAL 2003- R:\G P A~2002~02-0260 Valley Christian Fellowship~Agenda Report CC 01-14-03,doc 3 CC RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA NOT AMENDING THE GENERAL PLAN LAND USE MAP FOR A SITE LOCATED AT THE SOUTHWEST CORNER OF DEPORTOLA AND MARGARITA ROADS (ASSESSOR'S PARCEL NUMBER 959-150- 050) WHEREAS, Section 65300 of the Government Code requires that cities adopt a comprehensive, long-term General Plan for the physical development of the jurisdiction as well as any adjacent areas which, in the judgment of the city, bears a relationship to its planning; and WHEREAS, the property owner has determined the existing land use on the subject parcel is "undesirable;" and WHEREAS, the Applicant submitted an Application for a General Plan Amendment on May 20, 2002; and WHEREAS, the Planning Commission held duly noticed public hearing on November 20, 2002, and recommended that the City Council deny without prejudice the attached amendments to the General Plan Land Use Map; and WHEREAS, the City Council has held a duly noticed public hearing on January 14, 2003 to consider the proposed General Plan Amendment; and NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF TEMECULA DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: Section 1. Amendments to the General Plan Land Use Map. The City Council hereby denies without prejudice the proposal to change the General Plan Land Use Designation for the parcel identified as APN 959-050-007 from Very Low Density Residential (VL) to Professional Office (PO). Section 2. Severability. The City Council hereby declares that the provisions of this Resolution are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect the validity of the remaining parts of this Resolution. Section 3. The City Clerk shall certify the adoption of this Resolution. Section 4. PASSED, APPROVED AND ADOPTED this 14th day of January, 2003. Jeffrey E. Stone, Mayor R:\G P A~002\02-0260 Valley Christian Fellowship~Agenda Report CC 01-14-03.doc 4 ATTEST: Susan Jones, CMC, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 14th day of January, 2003 by the following vote of the Council: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan Jones, CMC, City Clerk R:\G P A~2002\02-0260 Valley Christian Fellowship~Agenda Report CC 01-14-03.doc 5 ATTACHMENT NO. 2 PLANNING COMMISSION AGENDA PACKET NOVEMBER 20, 2002 R:\G P A~002\02-0260 Valley Christian Fellowship~Agenda Report CC 01-14-03,doc 6 STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION November 20, 2002 Continued from August 21, 2002 Planning Application No. 02-0260 - General Plan Amendment & Zone Change RECOMMENDATION: Prepared By: Emery Papp, Associate Planner The Community Development Department - Planning Division Staff recommends the Planning Commission: 1. ADOPT a Negative Declaration for Planning Application No. 02-0260; 2. ADOPT a Resolution entitled: PC RESOLUTION NO. 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THE CITY COUNCIL APPROVES PLANNING APPLICATION NO. 02-0260, A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM VERY LOW DENSITY RESIDENTIAL TO PROFESSIONAL OFFICE AND A ZONE CHANGE FROM VERY LOW DENSITY RESIDENTIAL TO PROFESSIONAL OFFICE ON 2.75 ACRES, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF DEPORTOLA AND MARGARITA ROADS, AND GENERALLY KNOWN AS ASSESSORS PARCEL NO~ 959-050- 007. APPLICATION INFORMATION APPLICANT: VALLEY CHRISTIAN FELLOWSHIP PROPOSAL: A proposal to change the General Plan and Zoning designations from Very Low Density Residential to Professional Office on a 2.75-acre pamel. LOCATION: Southwest corner of DePortola and Margarita Roads GENERAL PLAN DESIGNATION: Very Low Density Residential EXISTING ZONING: Very Low Density Residential SURROUNDING ZONING: North: South: East: West: Very Low Density Residential Professional Office Neighborhood Commemial (SP-4 Sol) Very Low Density Residential Paloma del R:\G P A~2002~02-0260 Valley Christian Fellowship'~PC Staff Report continued to 11-20-02,doc 1 EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: West: Vacant Counseling Center Legal Non-Conforming Single-Family Residence Single-Family Residence LOT AREA (gross): 2.75 Acres BACKGROUND This General Plan Amendment (GPA) and Zone Change (ZC) was originated by Vailey Christian Fellowship. It is their belief that the site is unsuitable for construction of a single-family residence (Attachment No. 4) and that Professional Office is a more appropriate use for the site. The church is not proposing to build on the site. The application for the GPA and ZC was submitted to the City on May 20, 2002. A Negative Declaration was prepared for this project and circulated for public review and comment from July 29, 2002 to August 19, 2002. The parcel is located within the Los Ranchitos Homeowner's Association. The Applicant sent a survey to residents and property owners within the HOA. The survey asked whether they were in favor of the proposed change, against the proposed change, or needed additional information. The results are mixed (15 for, t 1 against, and 6 needed more information) with no group being significantly represented. No adjacent property owners responded to the survey. In conversation with staff, the President of the Los Ranchitos Homeowner's Association expressed opposition to the project. The Los Ranchitos Homeowners Association President also indicated that they would not be opposed to the change if the owner were conditioned to construct a block wall to separate the parcel from adjacent residences and restricted the access to Margarita Road only. However, there is no mechanism on which to attach conditions at this time because there is no specific development proposal with this application. Land use compatibility issues would be addressed when a development proposal is submitted. The item was brought before the Planning Commission on August 21, 2002. When the meeting was opened for public hearing, the project was opposed by the Los Ranchitos Homeowner's Association, who challenged the adequacy of the Negative Declaration with respect to the traffic analysis conducted by staff. The President of the Los Ranchitos HOA (Larry Markham) requested, and was granted, a 90-day continuance to discuss the issues with the members of the HOA at a regularly scheduled HOA meeting. As of the date this staff report was prepared, the Los Ranchitos HOA had submitted nothing to staff. ANALYSIS In the original staff report (August 21, 2002) for the proposed General Plan Amendment and Zone Change, staff had focused on the following issues: Land Use Compatibility · General Plan Conformity/Consistency · Environmental Determination R:\G P A~2002',D2-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02.doc 2 For this staff report, only those issues that were disputed during the public headng on August 21,2002 are considered. The analysis from the prior staff report (Attachment No. 2) may still be discussed if the Commission so desires. TRAFFIC ANALYSIS FROM 08/21/02 STAFF REPORT CIRCULATION ELEMENT. Goal No. 1 states that the City will "Strive to maintain a Level of Service "D' or better at all intersections during peak hours and Level of Service "C" or better during non-peak hours." To evaluate the General Plan level impacts concerning cimulation, staff deferred to Policy No. 1.2 that states "Require an evaluation of potential traffic impacts associated with new development prior to project approval, and require adequate mitigation measures prior to, or concurrent with, development." Using the General Plan Traffic Study (Table 2 - Land Use Trip Generation Factors), staff has determined that the overall number of vehicle trips that will potentially be generated by this site could increase from 10 trips (using Low Density Residential) up to a maximum of 600 trips per day (using Commercial Office). Trip counts taken at the intersection of DePortola and Margarita Roads in July/August 2001 indicate the following number of daily trips: AVERAGE DAILY TRIPS INTERSECTION/ROAD SEGMENT CURRENT BUILDOUT LEVEL OF (2001 ) FORECAST SERVICE "D" Margarita Road at Highway 79 South 20,339 17,900 37,800 Margarita Road at Jedediah Smith 15,000 20,700 37,800 DePortola Road east of Margarita Road 1,574 15,400 36,000 DePortola Road west of Margarita Road 4,452 3,100 28,800 The proposed land use change has the potential to create additional vehicle trips when the site develops. However, the Level-of-Service at this intersection would remain LOS-A with the addition of 600 daily vehicle trips on any segment of either road. Staff has determined the additional vehicle trips would be a less than significant impact. When a future development application is received and processed, the intensity of the use will be determined and, if necessary, mitigation measures will be implemented. This project, as proposed, is consistent with the Goals and Policies of the Circulation Element. TRAFFIC ANALYSIS UPDATE At the August 21, 2002 Planning Commission, Mr. Markham indicated that the Los Ranchitos HOA would challenge the adequacy of the Negative Declaration that was prepared by staff for this project. The point of contention was the traffic analysis. Staff per[ormed a General Plan level traffic analysis for this project that considered ultimate or ~Buildou~' conditions as required by the City's Growth Management Action Plan. The Table above identified the most recent (at the time the report was prepared) daily trip counts for DePortola Road west of Margarita Road, and the ultimate capacity of this segment of roadway when developed to its designed width. These figures indicated that even if all of the vehicle trips created by the future development of the site were diverted onto this segment of DePortola, Level of Service would remain at LOS A. R:\G P A~2002~02-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02.doc 3 The General Plan Cimulation Element identifies the ultimate classification of this roadway as a 4-Lane Secondary Highway, capable of carrying up to 29,000 vehicles a day at LOS D. Mr. Markham's challenge to the Negative Declaration is that staff did not consider the fact that this segment of DePortola Road was not considered at its current pavement width in the traffic analysis. This segment of DePortola Road is currently +/-40 feet wide, allowing for two lanes of moving traffic and parking on the sides of the roadway. At the time the Negative Declaration was prepared, staff did not feel it was necessary to look at the current conditions of this segment of roadway because the daily vehicle trip count was very Iow. In response to Mr. Markham's comments, staff now offers the following additional information: FACT Per the Public Works Department, DePortola Road west of Margarita Road is currently +/- 40 feet wide (this is equivalent to a standard General Plan collector street), Per the Public Works Department, more recent daily trip counts taken in August 2002 are now available and indicate that current average daily trip counts have increased slightly to approximately 5,000 trips per day on this roadway segment. Per the Public Works Department, the current width of this segment of DePortola Road should classify it as a Collector Road, capable of carrying approximately 12,000 vehicle trips per day. This equates to a current condition of Level of Service A. (Level of Service can be expressed as a pementage of the number of daily vehicle trips divided by the roadway capacity. LOS A.= 60% or less of capacity, LOS B = greater than 60% and less than or equal to 70%, LOS C = greater than 70% and less than or equal to 80%, LOS D = greater than 80% and less than or equal to 90%, LOS E = greater than 90% and less than or equal to 100%). FINDING Dividing 5,000 daily vehicle trips by 12,000 vehicle trips (current roadway capacity) yields a pementage of 41.67%, or a current LOS ^ for this segment of DePortola Road, If all 600 daily vehicle trips potentially generated by the development of this site were diverted onto this segment of DePortola Road without road improvements, 5,600 daily vehicle trips divided by 12,000 vehicle trips yields a percentage of 46.67%, or a potential LOS A for this segment of DePortola Road, Based on this analysis, the potential impacts of the future development of the site as a Professional Office use will not significantly impact this segment of DePortola Road, o Staff can update the Negative Declaration to include these findings, if so directed by the Commission, and per the provisions of CEQA, it is not necessary to re-circulate the revised document for public comment. R:\G P A~'002~02-0260 Valley Ch~istian Fellowship~PC Staff Report continued to 11-20-02.doc 4 FATAL ACCIDENT AT INTERSECTION OF DEPORTOLA AND MARGARITA ROADS During the Commission's discussions after the Public Hearing was closed, the subject of a fatal traffic accident in July 2002 at the intersection of DePortola and Margarita Roads was discussed. The item came up in relation to the discussion of traffic impacts on the segment of DePortola Road west of Margarita Road. Staff reseamhed the accident. A 50-year-old Temecula resident lost her life after her vehicle struck an SUV that had ran a red light. The man who was driving the SUV is a resident of Solana Beach and was in Temecula to visit his grandmother. The accident was unfortunate, but also could have happened at any intersection in the City at any time. This accident in particular, and many other accidents that have occurred in the City recently are the result of ddver negligence, and not because of adverse traffic conditions. Staff feels that the unfortunate accident at this intersection should not be considered grounds to deny this application. Environmental Determination This project does not qualify for an exemption from CEQA and an initial environmental assessment was prepared. The initial environmental assessment for this project identified no potentially significant impacts and a Negative Declaration was prepared. The public review period for the Negative Declaration was from July 29, 2002 to August 19, 2002. At the 08/21/02 Planning Commission meeti'ng, the Los Ranchitos HOA President challenged the adequacy of the Negative Declaration, faulting the traffic analysis conducted by staff. It is important to note that the HOA had the opportunity to respond during the public review period but did not. Instead, the HOA's challenge was submitted verbally at the public hearing. Per the request of the HOA, the item was continued for 90 days until November 20, 2002. At the time this report was prepared, no written comments had been received from the Los Ranchitos HOAo Staff feels that the verbal challenges made concerning traffic impacts have been adequately addressed, have been further clarified in this staff report, and staff stands by its analysis and the previously prepared Negative Declaration. SUMMARY/CONCLUSIONS Staff has determined that the project as proposed is consistent with the General Plan and Zoning. Staff recommends that the Planning Commission adopt a Resolution recommending that the City Council approve the Negative Declaration and the General Plan Amendment and Zone Change. FINDINGS To recommend approval of the General Plan Amendment, the following findings must be made: 1. The amendment is compatible with the health, safety and welfare of the community. The proposed amendment meets the goals and policies of the General Plan, and is consistent with the anticipated impacts of the Final Environmental Impact Report (EIR) for the General Plan and the guidelines of the Development Code. Any future development of the site will be subject to the City's General Plan, Development Code R:\G P A~2002~02-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02.doc 5 and Design Guidelines to ensure the public health, safety and welfare of the community is maintained when the site is developed. 2. The amendment is compatible with existing and surrounding uses. There are existing pamels designated Professional Office along Margarita Road, adjacent to the site, that are also adjacent to Very Low Density Residential Housing. Therefore, the proposed amendment will be compatible with, and will provide a buffer for existing and future uses in the surrounding area. The amendment will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. The proposed land use map amendments will not conflict with the existing zoning or land uses and will result in more compatible potential land uses as there is existing commercial property across from the site on Margarita Road, and the subject site is currently adjacent to Professional Office zoned property to the south. Therefore, the proposed amendment will result in compatible development, which is a goal of the General Plan. To recommend approval of the Zone Change, the following findings must be made: The proposed Zone is consistent with the land use designation in which the use is located, as shown on the Land Use Map. The proposed change of zone is consistent with the General Plan of the City of Temecula if the proposed Zone Change is processed concurrently with the proposed General Plan Land Use Amendment. The proposed use is in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed change of zone conforms to the General Plan and will result in more compatible potential land uses as there is existing commercial property across from the site on Margarita Road, and the subject site is currently adjacent to Professional Office zoned property to the south. Therefore, the proposed amendment will result in compatible development, which is a goal of the General Plan. R:\G P A~2002~02-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02.doc 6 Attachments: 1. PC Resolution - Blue Page 8 A. CC Resolution (General Plan Amendment and Environmental Determination) - Blue Page 11 B. CC Ordinance (Change of Zone) - Blue Page 14 2. Planning Commission Staff Report 08/21/02 - Blue Page 17 3. Planning Commission Minutes 08/21/02 - Blue Page 25 4. Initial Study - Blue Page 31 5. , Exhibits - Blue Page 43 A. Vicinity Map B. General Plan Map C. Zoning Map R:\G P A~2002~02-0260 Valley Christian Fellowshlp~PC Staff Report continued to 11-20-02.doc 7 PC RESOLUTION NO. 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. 02-0260, A GENERAL PLAN AMEN~DMENT TO CHANGE THE LAND USE DESIGNATION FROM VERY LOW DENSITY RESIDENTIAL TO PROFESSIONAL OFFICE AND A ZONE CHANGE FROM VERY LOW DENSITY RESIDENTIAL TO PROFESSIONAL OFFICE ON 2.75 ACRES, GENERALLY LOCATED ON THE SOUTH WEST CORNER OF DEPORTOLA AND MARGARITA ROADS, AND GENERALLY KNOWN AS ASSESSOR PARCEL NO. 959-050- 007. WHEREAS, Valley Christian Fellowship filed Planning Application No. PA02-0260 (the "Application"), in a manner in accord with the City of Temecula General Plan and Development Code; and WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; and WHEREAS, the Planning Commission considered the Application on November 20, 2002, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; and WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of the Application after finding that the project proposed in the Application conformed to the City of Temecula General Plan; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Commission in recommending approval of the Application, makes the following findings: circulation; The proposed amendment would not adversely impact area wide traffic B. The proposed amendment would not be contrary to the goals and policies contained in the adopted. General Plan; and, C. The proposed amendment would not be inconsistent with the other Elements of the adopted General Plan. Section 3. Environmental Compliance. An Initial Study prepared for this project indicates that the proposed project would not create any significant impacts on the environment R:\G P A~2002~02-0260 Valley ChrfstJan Fellowship~PC Staff Report continued to 11-20-02.doc 9 and therefore, the Planning Commission recommends the City Council adopt a Negative Declaration. Section 4. Recommendation. That the City of Temecula Planning Commission hereby recommends that the City Council approve the Application to amend the adopted General Plan Land Use and Official Zoning Map for the City of Temecula by changing the designation on the property identified as Assessor's Parcel Number 959-050-007 from Very Low Density Residential to Professional Office. Section 5. PASSED, APPROVED AND ADOPTED this 20th day of November, 2002. Dennis Chiniaeff, Chairperson ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2002- was d.u. ly and regularly adopted by the Planning Commission Of the City of Temecula at a regular meeting thereof, held on the 20th day of November, 2002 by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\G P A~X)2\02-0260 Valley Christian Fellowship\PC Staff Report continued to 11-20-02.doc 10 ATTACHMENT NO. lA CC RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP FOR A SITE LOCATED AT THE SOUTHWEST CORNER OF DEPORTOLA AND MARGARITA ROADS (ASSESSOR'S PARCEL NUMBER 959-150- 050) WHEREAS, Section 65300 of the Government Code requires that cities adopt a comprehensive, long-term General Plan for the physical development of the jurisdiction as well as any adjacent areas which, in the judgment of the city, bears a relationship to its planning; and WHEREAS, the property owner has determined the existing land use on the subject pamel is "undesirable;" and WHEREAS, the Applicant submitted an Application for a General Plan Amendment on May 20, 2002; and WHEREAS, the Planning Commission held duly noticed public hearing on November 20, 2002, and recommended that the City Council approve the attached amendments to the General Plan Land Use Map; and WHEREAS, the City Council has held a duly noticed public hearing on 2002 to consider the proposed General Plan Amendment; and NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF TEMECULA DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: Section 1. Amendments to the General Plan Land Use Map The City Council hereby amends the General Plan Land Use Designation for the pamel identified as APN 959-050-007 from Very Low Density Residential (VL) to Professional Office (PO). Section 2. Environmental Review. The City Council, based upon the information contained in the Initial Environmental Study and Negative Declaration prepared for this project, finds that the impacts of the proposed amendment is accurately described and discussed and that the Mitigated Negative Declaration accurately reflects the impacts of the amended General Plan on the City of Temecula and its surrounding areas. Section 3. Severability. The City Council hereby declares that the provisions of this Resolution are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect the validity of the remaining parts of this Resolution. Section 4. The City Clerk shall certify the adoption of this Resolution. R:\G P A~2002~02-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02,doc 12 · Section 5. PASSED, APPROVED AND ADOPTED this _th day of 2002. ' ATTEST: Ron Roberts, Mayor Susan Jones, CMC, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the day of ,2002 by the following vote of the Council: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan Jones, CMC, City Clerk R:',G P A~2002~02-0260 Valley Christian Fellowshlp~PC Staff Report continued to 11-20-02.doc 13 ATTACHMENT NO. 1B ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA FOR A SITE LOCATED SOUTHWEST CORNER OF DEPORTOLA AND MARGARITA ROADS (ASSESSOR'S PARCEL NO. 959-050-007) CHANGING THE ZONING CLASSIFICATION FROM VERY LOW DENSITY RESIDENTIAL (VL) TO PROFESSIONAL OFFICE (PO) WHEREAS, the property owner has determined the existing land use on the subject pamel is "undesirable;" and WHEREAS, the Applicant submitted an Application for a General Plan Amendment on May 20, 2002; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 20, 2002, and recommended that the City Council approve the attached amendments to the City Zoning Map; and WHEREAS, this Ordinance complies with all the applicable requirements of State law and local ordinances; and, WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, local newspaper, and the project site; and, WHEREAS, the City Council has held a duly noticed public hearing on 2002 to consider the proposed amendments to the City Zoning Map. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendments To The City Zoninq Map The City Council hereby amends the Zoning Map for the City of Temecula for the parcel identified as APN 959-050-007 by changing the Zoning designation from Very Low Density Residential (VL) to Professional Office (PO). Section 2. Environmental Review. The City Council, based upon the information contained in the Initial Environmental Study and Negative Declaration prepared for this project, finds that the impacts of the proposed amendment is accurately described and discussed and that the Mitigated Negative Declaration accurately reflects the impacts of the amended General Plan on the City of Temecula and its surrounding areas. 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. R:\G P A~002~02-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02.doc 15 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 fome and effect thirty (30) days after its passage. 'The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. Section 6. This Ordinance shall be in full fome and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and circulated in said City. Section 7. 2002. PASSED, APPROVED AND ADOPTED this day of ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 02-__ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the __th day of ,2002 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the th day of ,2002, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNClLMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMO City Clerk R:\G P A~2002~02-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02.doc 16 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August 21, 2002 Planning Application No. 02-0260 - General Plan Amendment & Zone Change RECOMMENDATION: Prepared By: Emery Papp, Associate Planner The Community Development Department - Planning Division Staff recommends the Planning Commission: 1. ADOPT a Negative Declaration for Planning Application No. 02-0260; 2. ADOPT a Resolution entitled: PC RESOLUTION NO. 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. 02-0260, A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM VERY LOW DENSITY RESIDENTIAL TO PROFESSIONAL OFFICE AND A ZONE CHANGE FROM VERY LOW DENSITY RESIDENTIAL TO PROFESSIONAL OFFICE ON 2.75 ACRES, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF DEPORTOLA AND MARGARITA ROADS, AND GENERALLY KNOWN AS ASSESSORS PARCEL NO. 959-050- 007. APPLICATION INFORMATION APPLICANT: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: GENERAL PLAN DESIGNATION: EXISTING LAND USE: VALLEY CHRISTIAN FELLOWSHIP A proposal to change the General Plan and Zoning designations from Very Low Density Residential to Professional Office on a 2.75-acre pamel. Southwest corner of DePortola and Margarita Roads Very Low Density Residential North: South: East: West: Very Low Density Residential Professional Office Neighborhood Commercial (SP-4 Paloma del Sol) Very Low Density Residential Very Low Density Residential Vacant R:\G P A~2002~02-0260 Valley Christian Fallowship~PC Staff Report continued to 11-20-02.doc 18 SURROUNDING LAND USES: North: South: East: West: Vacant Counseling Center Legal Non-Conforming Single-Family Residence Single-Family Residence LOT AREA (gross): 2.75 Acres BACKGROUND This General Plan Amendment (GPA) and Zone Change (ZC) was originated by Valley Christian Fellowship. It is their belief that the site is unsuitable for construction of a single-family residence (Attachment No. 4) and that Professional Office is a more appropriate use for the site. The church is not proposing to build on the site. The application for the GPA and ZC was submitted to the City on May 20, 2002. A Negative Declaration was prepared for this project and circulated for public review and comment from July 29, 2002 to August 19, 2002. The parcel is located within the Los Ranchitos Homeowner's Association; The Applicant sent a survey to residents and property owners within the HOA. The survey asked whether they were in favor of the proposed change; against the proposed change, or needed additional information. The results are mixed (15 for, 11 against, and 6 needed more information) with no group being significantly represented. No adjacent property owners responded to the survey. In conversation with staff, the President of the Los Ranchitos Homeowner's Association expressed opposition to the project. The Los Ranchitos Homeowners Association President also indicated that they would not be opposed to the change if the owner were conditioned to construct a block wall to separate the parcel from adjacent residences and restricted the access to Margarita Road only. However, there is no mechanism on which to attach conditions at this time because there is no specific development proposal with this application. Land use compatibility issues would be addressed when a development proposal is submitted. ANALYSIS In reviewing the application for a General Plan Amendment and Zone Change, staff has focused on the following issues: · Land Use Compatibility · General Plan Conformity/Consistency · Environmental Determination Land Use Compatibility Staff has reviewed the Zoning Map and Development Code to assess the potential consistency of the proposed land use change. The existing designations between DePortola Road and Highway 79 South along Margarita Road are either commercial or office uses, except for the parcel that is being considered under this application. The land uses north of DePortola Road on the west side of Margarita Road are Very Low Density Residential. It is the opinion of staff that the proposed change is logical, and is consistent with the existing zone classifications along Margarita Road for the following reasons: R:\G P A~002~02-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02.doc 19 · The Professional Office (PO) zone is the least intrusive commemial zone (offices are quiet uses) · The site is adjacent to a major artedal and PO is a more desirable land use than single- family residential uses · A non-residential land use would insulate the existing residential area from traffic and noise impacts · Potential land use compatibility issues can be addressed through proper site design Per the Development Code, the most significant changes in development standards would affect lot coverage and height requirements. The Very Low Density Residential zone allows maximum lot coverage of 20% and a maximum height of 35 feet. The Professional Office designation allows a maximum lot coverage and Floor Area Ratio (FAR) of 50% and a maximum height of 75 feet. While these standards are significantly different and could lead to design conflicts with adjacent uses, the General Plan Community Design Element goals and policies will prevail when a future Development Plan is submitted. The Development Code also addresses this issue. The Development Code requires a minimum 25-foot setback adjacent to residential property. As a result, the closest a future non-residential building could be located from a future residence would be 35 feet (25+10). Using the FAR, typical development could result in a one-story building covering half of the site, or a two-story building covering one quarter of the site. These policy-related issues are addressed in the General Plan Conformity section of this report. General Plan Conformity/Consistency Staff has reviewed the General Plan to assess the potential consistency of the proposed amendment with the adopted Goals and Policies. Staff carefully examined the Noise, Circulation, Land Use and Community Design Elements. After examining these Elements, the opinion of staff is that the proposed change is logical, and is consistent with the existing land uses along Margarita Road for the following reasons: · Projected noise levels along Margarita Road may exceed allowable levels for residential uses in the future. PO allows a higher exterior noise level · Traffic Level of Service will remain unchanged at LOS-A · General Plan Goals and Policies will ensure that appropriate transitioning and buffering will be incorporated into the site design NOISE ELEMENT. Goal No. 1 requires "Land use planning that provides for the separation of significant noise generators from sensitive receptor areas." The discussion following this Goal states "Noise hazard areas will be considered to include locations within the 65 CNEL [Community Noise Equivalent Level] contour of master planned roadways, railroad corridors, aircraft flight paths, and industrial facilities." The two policy statements that follow apply to this project: · 1.1 "Discourage noise sensitive land uses in noisy exterior environments unless measures can be implemented to reduce exterior and interior noise to acceptable levels. Alternatively, encourage less sensitive uses in areas adjacent to major noise generators but require appropriate interior working environments." R:~G P A~2002~02-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02.doc 2O · 1.8 "Minimize noise conflicts between land uses and the cimulation network." Furthermore, Section 4.A. Table 8-4 of the General Plan Noise Element indicates that exterior noise levels in residential areas should not exceed 65 decibels. Table 8-3 in Section 2.D.1. indicates that future noise levels on Margarita Road will be in the range of 61.1 to 67.6 decibels at 100 feet from the centerline of the street. The parcel is a rectangular shaped lot that fronts DePortola Road with the longer side fronting on Margarita Road. The approximate dimensions of the parcel are 277 feet by 450 feet. Margarita Road is classified as a 110 foot-wide Arterial Roadway, with a curb-to-curb dimension of 86 feet. Therefore, the 65-decibel noise contour would encroach at least 57 feet into the pamel along Margarita Road, rendering at least 0.59- acres of the site "undesirable" for residential development. The proposed Professional Office use allows exterior noise levels up to 70 decibels, which is higher than the projected noise level at the 100-foot noise contour for Margarita Road. The traffic noise from Margarita Road would not as significantly impact Professional Office uses on the site, allowing buildings to be located closer to Margarita Road and further away from existing residents. One factor in recommending approval of the land use and zone change is the protection of residents from excessive noise levels, and compliance with the aforementioned goal and policies. CIRCULATION ELEMENT. Goal No. 1 states that the City will "Strive to maintain a Level of Service "D" or better at all intersections during peak hours and Level of Service "C' or better during non-peak hours." To evaluate the General Plan level impacts concerning cimulation, staff deferred to Policy No. 1.2 that states "Require an evaluation of potential traffic impacts associated with new development prior to project approval, and require adequate mitigation measures prior to, or concurrent with, development." Using the General Plan Traffic Study (Table 2 - Land Use Trip Generation Factors), staff has determined that the overall number of vehicle trips that will potentially be generated by this site could increase from 10 trips (using Low Density Residential) up to a maximum of 600 trips per day (using Commemial Office). Trip counts taken at the intersection of DePortola and Margarita Roads in July/August 2001 indicate the following number of daily trips: AVERAGE DAILY TRIPS INTERSECTION/ROAD SEGMENT CURRENT BUiLDOUT LEVEL OF (2001) FORECAST SERVICE "D~ Margarita Road at Highway 79 South 20,339 17,900 37,800 Margarita Road at Jedediah Smith 15,000 20,700 37,800 DePortola Road east of Margarita Road 1,574 15,400 36,000 DePortola Road west of Margarita Road 4,452 3,100 28,800 The Proposed land use change has the potential to create additional vehicle trips when the site develops. However, the Level-of-Service at this intersection would remain LOS-A with the addition of 600 daily vehicle trips on any segment of either road. Staff has determined the additional vehicle trips would be a less than significant impact. When a future development application is received and processed, the intensity of the use will be determined and, if necessary, mitigation measures will be implemented. This project, as proposed, is consistent with the Goals and Policies of the Circulation Element. R:\G P A~002~02-0260 Va~tey Christian Fellowship,PC Staff Report continued to 11-20-O2.doc 21 LAND USE ELEMENT. Goal No. 3 requires "A land use pattern that will protect and enhance residential neighborhoods." The discussion following this goal states "Future residential and non-residential development should be compatible with the natural features of the site and the adjacent uses." The three policy statements that follow apply to this project: · 3.1 "Consider the compatibility of proposed projects on surrounding uses in terms of the size and configuration of buildings, use of materials and landscaping, preservation of existing vegetation and landform, the location of access routes, noise impacts, traffic impacts, and other environmental conditions." · 3.3~ "Require parcels developed for commercial or industrial uses to incorporate buffers that minimize the impacts of noise, light, visibility of activity and vehicular traffic on surrounding residential uses." · 3.32 "Protect single-family residential areas from encroachment by commercial uses." Note: There are two Policies numbered "3.3" under Goal 3 of the Land Use Element The Land Use Element Goals and Policies discussed in this section can be implemented through the design process, The Development Review Committee (DRC) will ensure that a future Development Plan submittal for this site will address these policies to further minimize potential land use conflicts, COMMUNITY DESIGN ELEMENT. Goal No. 3 suggests "Preservation and enhancement of the positive qualities of individual districts or neighborhoods." Because no development plan has been submitted with this application, it is difficult to address issues of community design. The discussion following Goal 3 of the Community Design Element states, "Of particular importance, is the preservation of the character of the single family neighborhoods and their protection from intrusions from buildings that ara "out of scale," incompatible land uses, and excessive vehicular traffic." Staff feels the change of land use is appropriate, that vehicular traffic will not be significantly impacted, and that design issues can be addressed with a subsequent Development Plan that conforms to the policies of the Community Design Element. The following General Plan Community Design Element policies may apply: · 3.1 · 3;2 · 3.3 "Improve the appearance of neighborhood areas and the "edges" between neighborhoods through landscaping, location of open space buffers, and special landscape features" "Preserve the scale and character of residential development by creating appropriate transitions between lower density, rural areas, and higher density development." "Encourage the use of creative landscape design to create visual interest and reduce conflicts between different land uses." The Community Design Element Goals and Policies discussed in this section can be implemented through proper planning and the design process. The Development Review Committee will ensure that a future Landscape Plan submittal for this site will address these policies to further minimize potential land use conflicts. The DRC will also consider building mass, building orientation, site layout, ingress and egress, and buffering in determining compliance with these goals and policies. R:~G P A~002~02-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02.dco 22 Environmental Determination This project does not qualify for an exemption from CEQA and an initial environmental assessment was prepared. The initial environmental assessment for this project identified no potentially significant impacts and a Negative Declaration was prepared. Issues related to Traffic/Circulation and Hazards were identified with a "Less Than Significant Impact" designation because daily vehicle trips could increase but would remain at a Level of Service "A; In the Environmental Assessment checklist, items a. and c. in Section 9 Hazards were given a "Less Than Significant Impact" designation. They were checked because the potential increase of vehicle trips in proximity of the site could result in an increased risk of a vehicular accident fronting the site. Until the site develops, however, there will be no additional exposure to hazards resulting from the approval of this application. The public review period for the Negative Declaration was from July 29, 2002 to August 19, 2002. At the time this report was prepared, no written comments had been received. SUMMARY/CONCLUSIONS Staff has determined that the project as proposed is consistent with the General Plan and Zoning. Staff recommends that the Planning Commission adopt a Resolution recommending that the City Council approve the Negative Declaration and the General Plan Amendment and Zone Change. FINDINGS To recommend approval of the General Plan Amendment, the following findings must be made: 1. The amendment is compatible with the health, safety and welfare of the community. The proposed amendment meets the goals and policies of the General Plan, and is consistent with the anticipated impacts of the Final Environmental Impact Report (EIR) for the General Plan and the guidelines of the Development Code. Any future development of the site will be subject to the City's General Plan, Development Code and Design Guidelines to ensure the public health, safety and welfare of the community is maintained when the site is developed, 2. The amendment is compatible with existing and surrounding uses. Them are existing pamels designated Professional Office along Margarita Road, adjacent to the site, that are also adjacent to Very Low Density Residential Housing. Therefore, the proposed amendment will be compatible with, and will provide a buffer for existing and future uses in the surrounding area. The amendment will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. The proposed land use map amendments will not conflict with the existing zoning or land uses and will result in mom compatible potential land uses as there is existing commercial property across from the site on Margarita Road, and the subject site is currently adjacent to Professional Office zoned property to the south. Therefore, the R:\G P A~2002~02-0260 Valley Christian Fellowship,PC Staff Report continued to 11.20-02.doc 23 proposed amendment will result in compatible development, which is a goal of the General Plan. To recommend approval of the Zone Change, the following findings must be made: The proposed Zone is consistent with the land use designation in which the use is located, as shown on the Land Use Map. The proposed change of zone is consistent with the General Plan of the City of Temecula if the proposed Zone Change is processed concurrently with the proposed General Plan Land Use Amendment. The proposed use is in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed change of zone conforms to the General Plan and will result in more compatible potential land uses as there is existing commercial property across from the site on Margarita Road, and the subject site is currently adjacent to Professional Office zoned property to the south. Therefore, the proposed amendment will result in compatible development, which is a goal of the General Plan. Attachments: PC Resolution - Blue Page 8 A. CC Resolution (General Plan Amendment and Environmental Determination) B. CC Ordinance (Change of Zone) 2. Initial Study - Blue Page 15 Exhibits: A. Vicinity Map - Blue Page 16 General Plan Map - Blue Page 17 D. Zoning Map - Blue Page 18 Letter from Valley Christian Fellowship to Los Ranchitos Residents - Feb. 17, 2002 - Blue Page 19 5. Survey Results (Returned Cards) - Blue Page 20 R:\G P A~002~02-0260 Valley Christian Fellowship~PC Staff Report confinusd to 11-20-02.doc 24 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION AUGUST. 21, 2002 (Excerpts pertaining to PA 02-0260) CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 P.M., on Wednesday, August 21, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE The audience was led in the Flag salute by Commissioner Olhasso, ROLL CALL Present: Commissioners Guerriem, Mathewson, Olhasso, Telesio, and Chairman Chiniaeff. Absent: None. Also Present: Director of Planning Ubnoske, Assistant City Attorney Curley, Redevelopment Director Meyer, Development Services Administrator McCarthy, Deputy Director of Public Works Parks, Principal Planner Hogan, Associate Planner Papp, Associate Planner Rush, Associate Planner Thornsley, Project Planner McCoy, and Minute Clerk Hansen. At'this time the Commission resumed the regular order of the agenda, considering Item No. 4. Plannin.q Application No. PA02-0260 A proposal to chanqe the General Plan and Zoninq desiqnations from Yew Low Density Residential to Professional Office on a 2.75-acre Darnel. located Southwest corner of De Portola and Mar,qarita Roads - Emery Papp, Associate Planner RECOMMENDATION: 4.1 Adopt a Negative Declaration for Planning Application No. 02-0260; 4.2 Adopt a resolution entitled: R:\G P A~002~2-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02.doc 26 PC RESOLUTION NO. 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. 02-0260, A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM VERY LOW DENSITY RESIDENTIAL TO PROFESSIONAL OFFICE AND A ZONE CHANGE FROM VERY LOW DENSITY RESIDENTIAL TO PROFESSIONAL OFFICE ON 2.75 ACRES, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF DE PORTOLA AND MARGARITA ROADS, AND GENERALLY KNOWN AS ASSESSORS PARCEL NO. 959-050- 007. Associate Planner Papp provided an overview of the staff report (of record), highlighting the rationale for the request to change the General Plan and Zoning designations on this pamel; advised that the Los Ranchitos Homeowners Association (HOA) was opposed to the proposed change; provided the results of the traffic and noise analysis associated with the proposed change, advising that the amendment would result in lesser impacts in terms of noise, and the traffic generated would enable the roadway at the intersection to remain at a Level of Service A; and provided additional information with respect to the proposed amendment being consistent with the City's Growth Management Plan. In response to Commissioner Guerriero's queries regarding the HOA's concern regarding the desire that the applicant install block wall, Associate Planner Papp noted that staff could not make a recommendation regarding this issue without a proposed development plan, advising that once a plan was submitted, this issue could be addressed; for Chairman Chiniaeff, noted that environmental restraints could be imposed on the amendment proposal if it had been determined that the traffic impacts would be significant, which was not determined, Principal Planner Hogan providing additional information regarding imposing environmental restraints, advising that if it was determined in the Negative Declaration that there was the potential for land use incompatibility, then as a mitigation measure a wall could have been required along the western property line. Deputy Director of Public Works Parks noted that with this amendment an environrnental restraint map would not be required since there was no proposal for a subdivision of land. Associate Planner Papp relayed that there would be a required 25-foot setback adjacent to residential areas, advising that the General Plan does not require that any future development application for this parcel implement a significant transitional buffer. For Chairman Chiniaeff, Assistant City Attorney Curley provided additional information regarding the restrictions, which could be imposed on this proposal. In response to Commissioner Telesio, Associate Planner Papp specified the boundaries of the HOA. Associate Planner Papp noted the location of the alternate parcels in this area, which had been changed to Professional Office, advising that there had been no requirement to construct a buffer wall. R:\G P A~002~02-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02,doc 27 Mr. Mike McNeff, Pastor representing Valley Christian Fellowship, the owner of the pamel, concurred with staff that discussion regarding installation of a block wall would more appropriately be addressed at the time a Development Plan was submitted; for the record, submitted the signatures of all the adjacent property owners who border this parcel, specifying the location of these particular parcels; and for Commissioner Telesio, provided additional information regarding the adjacent property owners' support of the request to re-zone this particular property. The following individuals spoke in support of the proposed revised general land use designation at this particular site: · Ms. Nancy Austin Mr. Kevin Johnson · Mr. Guy Romero · Ms. Claire Johnson Mr. Jim Shuntz · Mr. Vicente Gchaerria Real Estate agent for the applicant 30707 Centaur Court 41685 Hawthorne Murrieta 30707 Centaur Court 30800 La Ray Lane 31775 De Portola road The above-mentioned individuals spoke in support of the proposal, relaying the following comments: o The marketing efforts revealed that the proposed zone change would be the best use for this parcel; o This property was not well-suited for residential; With the zoning as Office Professional, the City would have more control over development of the parcel; o Since the parcel would remain within the Los Ranchitos HOA boundaries, the HOA would have input on future development of the property; o The church, which was the property owner, would be able to find a parcel for the future development of a church use with this zone change since this parcel could be more easily sold; o Advised that if the parcel was viewed in relationship to the surrounding area, the rezoning appeared to be more appropriate; and o Noted opposition to the construction of an 8-foot wall (which was a recommendation of the HOA~) Mr. Larry Markham, representing the Los Ranchitos HOA, via distributed supplemental agenda material, specified the concern of the HOA with this proposal, in particular the impact the proposed rezoning would have on De Portola Road and the next properties to the west, specifically the potential for additional zone changes; provided a history of nearby properties which have had zoning changes; additionally noted concern with regard to various permitted uses within Professional Office zones; advised that the HOA had specified that with the installation of a block wall, and restricted access to De Portola Road (i.e., the parcel taking access off of Margarita Road) the HOA supported the proposed change; with respect to the environmental document, relayed that the traffic impacts of this zone change would be significant, advising that in his opinion the CEQA document was inadequate and that he would provide these points of concern in writing; recommended that concurrent to the processing of the zoning change, a dedication of access restriction on De Portola Road should be processed, suggesting that the applicant's previous offer of payment be replaced with an offer to pay for the cost of a block wall; recommended that this item be continued for 60 to 90 days; for R:\G P A~002~02-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02.dco 28 Commissioner Mathewson, specified previously referenced residential properties which take access off of Margarita Road, confirming that the parcel on the adjacent side of De Portola was a vacant parcel; specified the boundaries of the HOA pamels; for Chairman Chiniaeff and Commissioner Mathewson, reiterated that the HOA would be agreeable to the applicant installing a block wall along De Portola Road and the property line in lieu of the monies offered to the HOA, specifying that the wall would not need to be installed until the parcel was developed, reiterating that with this requirement and the dedication of access restriction the HOA would be supportive of the zone change. Additional discussion ensued regarding the discussions between the applicant and the HOA. For Chairman Chiniaeff, Assistant City Attorney Curley relayed that if this matter was forwarded to the City Council, the City Council would most likely be addressing CEQA issues (based on comments expressed at this hearing), advising that at that time the Council could either take action, or send the matter back to the Planning Commission for review of the CEQA issues; noted that if it was the Planning Commission's desire that accommodation be provided to the HOA's concern that there could be language indicating this desire in the recommendation to the City Council; noted that it was the Planning Commission's charge in this matter to review the request and determine whether this request was consistent with the fundamental planning documents of the City, i.e., the General Plan and zoning; and confirmed that any issue between the private parties was external to the Planning Commission's jurisdiction. Deputy Director of Public Works Parks provided additional information regarding the access issue, advising that it would be more appropriate to consider access being revised at the time a development plan was submitted. In response to additional comments, Mr. Markham specified the environmental concerns of the HOA's traffic, and public safety, noting the need for additional mitigation. In response to queries, Deputy Director of Public Works Parks relayed that staff would desire the opportunity to further explore the environmental issues of concern. In response to Commissioner Mathewson's queries as to why the HOA had not specified its concerns during the comment period, Mr. Markham relayed that as a Board, the month of July was dark, and the mail was received at a Post Office box, advising that at the August Board meeting eight out of nine Board Members had voted to oppose the zone change, as proposed, For Chairman Chiniaeff, Mr. McNeff advised that the HOA would be able to maintain certain control over the property based on the CC&R's which was a separate issue from the rezoning issue; provided additional information regarding the discussions between the HOA and the applicant; while noting that it would be the applicant's preference to move forward with the HOA's support, relayed the HOA had had ample time to address its queries during the public comment period of the environmental process; and advised that full disclosure would be provided with a new property owner. Commissioner Guerriero advised that it would be more prudent for the Planning Commission to make a recommendation after receiving all the associated information including the documents the HOA would be submitting regarding environmental concerns. ') R:\G P A~002~02-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02.doc 29 MOTION: Commissioner Guerriero moved to continue this item to the November 20, 2002 meeting. The motion was seconded by Commissioner Mathewson. (Ultimately this motion passed; see below.) Commissioner Telesio relayed that the issues of concern presented at this hearing would be more appropriately addressed during review of a future development plan, and not during the request for rezoning due to the lack of a nexus. Director of Planning Ubnoske relayed that staff was unaware of outstanding CEQA issues, having first heard these concerns at tonight's hearing; and advised that it would be appropriate to continue this item in order to obtain the information from Mr. Markham and for staff to analyze this issue. Assistant City Attorney Curley provided additional information regarding the benefit of the Planning Commission obtaining additional information regarding the potential environmental impacts. Chairman Chiniaeff commented on the types of conditions which could be placed in the development plan for this parcel when presented, recommending that this item be moved forward to the City Council. In response, Commissioner Guerriero reiterated his desire for the Planning Commission to have all of the information prior to making a recommendation to the City Council. At this time voice vote was taken reflecting approval of the motion with the exception of Chairman Chiniaeff and Commissioner Telesio who voted n._~o. For Mr. McNeff, Director of Planning Ubnoske relayed that at the November 20~h hearing the applicant did not need to provide additional information, but that the Planning Commission was interested in obtaining and reviewing additional information regarding the assertion that there would be an increase in traffic. R:\G P A~002~02-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02.doc 3O City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Lead Agency Name and Address Contact Person and Phone Number Project Location Project Sponsor's Name and Address General Plan Designation Zoning Description of Project Surrounding Land Uses and Setting Valley Christian Fellowship (Planning Application 02-0260) City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Emery J. Papp, Associate Planner (909) 694-6400 Southwest corner of De Portola and Margarita Roads Pastor Mike McNeff, Valley Christian Fellowship 45627 Clubhouse Drive, Temecula, CA 92589-9033 Existinq: Very Low Density Residential (VL) Proposed: Professional Office (PO) Ex!stin.q: Very Low Density Residential (VL) Proposed: Professional Office (PO) A proposal to change the General Plan and Zoning designations from Very Low Density Residential to Professional Office on a 2.75- acre pamel located at the southwest corner of De Portola and Margarita Roads in the City of Temecula. North: Very Low Density Residential (VL) South: Professional Office (PO) East: Neiqhborhood Commercial (NC) West: Very Low Density Residential (VL) Other public agencies whose approval None is required Vicinity Map R~G P A~2002~2-0260 Valley Christian Fellowship~°C Staff Report continued to 11-20-02.doc 32 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use Planning Population and Housing Geologic Problems ' Water A!r Quality Transporta!ion/Circulation Biol.ogical R.esources Energy and Mineral Resources Determination On the basis of this initial evaluation: Hazards Noise Public Services Utilities and Service Systems Aesthetics Cbltural Resources Re(~reation Mandatory Findings of Significance None I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE DECLARATION will be p[epared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a 'potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the ect. Signature Date Printed Name for R:\G P A~00Z,02-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02.doc 33 1. LAND USE AND PLANNING. Would the proposal: 1 .a. Conflict with general plan ~, designation or zoning? (1,3) 1 .b. Conflict with applicable environmental plans or policies ,/ adopted by agencies with jurisdiction over the project? (1,2) 1 .c. Be incompatible with existing land ,/ use in the vicinity? (1.) 1.d. Affect agricultural resources or operations (e.g. impacts to soils or ,/ farmlands, or impacts from incompatible land uses)? (2) 1.e. Disrupt or divide the physical arrangement of an established / community (including Iow-income or minority community)? (1) Comments 1 .all This project will involve no construction. The land will remain vacant and the proposed land use change is compatible with existing adjacent land uses. At the time a development application is applied for and approved, the identification of mitigation measures will be possibl~. 2. POPULATION AND HOUSING. Would the proposal: 2.a. Cumulatively exceed official regional or local population ,/ projects? (1,2) 2;b. Induce substantial growth in an area either directly or indirectly (e.g. through project in an ~' undeveloped area or extension of major infrastructure)? (1,2) 2.c. Displace existing housihg, especially affordable housing? ~' (1,2,3) R:\G P A~002~2-0260 Valley Christian Fellowship~C Staff Report continued to 11-20-.02.doc 34 Comments 2.all This project will not create a demand for additional housing or cause an increase in population. This project will not significantly replace or reduce opportunities for affordable housing. The existing zoning would allow only one residence to be constructed on the parcel. 3, GEOLOGIC PROBLEMS. Would the proposal result In or Expose people to potential impacts involving? 3.a. Fault rupture? (1,2) 3.b. Seismic ground shaking? (1,2) 3.c. Seismic ground failure, including liquefaction? (1~2) 3.d. Seiche~ tsunami, or volcanic hazard? (1,2) 3.e. Landslides or mudflows? ( 1,2) 3.f. Erosionl changes in topography or unstable soil conditions form excavation~ grading or fill? (1,2) 3.g. Subsidence of the land? ( ! ,2) 3.h. Expansive soils? (2) .3;i. Unique geologic or'physical features? (2) . Comments 3.all The proposal to change the General Plan and Zoning designations from Very Low Density Residential to Professional Office could potentially expose more people to risk than the existing VL designation. However, the applicant does not currently propose to develop the site, therefore, no persons will be exposed to geologic problems as a result of the change. 4. WATER. Would the proposal result in: 4.a. !Changes in absorption rates, drainage patterns, or the rate and mount of surface runoff? 4.b. Exposure of people or property to water related hazards such as flooding? (2) 4.c. Discharge into surface waters or other alteration of surface water quality (e.g. temperature, R:\G P A~002~02-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02.doc 35 dissolved oxygen or turbidity)? Changes in the amount of surface water in any water body? Changes in currents, or the course or direction of water Movements? Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater Altered direction or rate of flow of roundwater? iroundwater ~ Substantial reduction in the amount of groundwater. Otherwise available for public Comments 4.all The parcel will remain vacant and undisturbed. Groundwater and surface runoff will not be affected by the !and use change. No impacts are anticipated. 5. AIR QUALITY. Would the proposal: Violate any air quality standard or contribute to an existing or projected air quali_ty violation? Expose sensitive receptors to pollutants? (2) Alter air movement, moisture or temperature, or cause any change in climate? (2) Create objectionable odors? (2) Comments 5.all The applicant does not currently propose to develop the site and, therefore, the change of land use will haye no immediate impacts on air quality. R:\G P A~002~02-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02.doc 36 6. TRANSPORTATION/CIRCULATION, Would the proposal result in: 6.a. Increase vehicle trips or traffic congestion? (2,3) 6.b. Hazards to safety from design features (e.g. sharp curves or dangerous intersections or incompatible uses)? (2) 6.c. Inadequate ~mergency access or access to nearby uses? 6.d. Insufficientparking capacity on- site or off-site? (3) 6.e. 'Hazards or barriers for ,/ pedestrians or bicyclists? 6.f. Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? 6.g. Rail, waterborne or air traffic impacts? Comments: 6.a The land use change has the potential to create additional vehicle trips in the future as the site develops. Using the General Plan Traffic Study (Table 2 - Land Use Trip Generation Factors), staff has determined that the overall number of vehicle trips that will potentially be generated by this site could increase from 10 trips (using Low Density Residential) up to 600 trips (using Commemial Office) per day. Trip counts taken at the intersection of DePortola and Margarita Roads in July/August 2001 indicate the following number of daily trip counts: Margarita Road northbound at Highway 79 South: 20,339 Margarita Road southbound at Jedediah Smith: 15,000 DePortola Road eastbound at Margarita Road: 1,574 DePortola Road westbound at Margarita Road: 4,452 The Level-of-Service at this intersection would remain LOS-A with the addition of 600 daily vehicle trips on any segment of either road. Staff has determined the additional vehicle trips would be a less than significant impact. When a future development application is received and processed, the intensity of the use will be determined and, if necessary, mitigation measures will be implemented. 6.b- The appiican{ does not currently propose development of the site and, therefore this g. project will not cause an increase in vehicle trips or impact the amount of existing parking. R:\G P A~002~02-0260 Valley Christfan Fellowship~PC Staff Report continued to 11-20-02.doc 37 7. BIOLOGICAL RESOURCES: Would the proposal result in impacts to: 7.a. Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds)? 7.b. Locally designated species (e.g. herite:ge trees)? (1,2) 7.c. Locally designated natural communities (e.g. oak forest, Coastal habitat~ etc.)? 7.d. Wetland habitat (e.g. marsh, ,,, riparian and vernal pool)? 7.e. Wildlife dispemal or migration corridors? Comments; 7.all The project site is within an area of the city that is urbanized. There are no known sensitive species or habitat in the vicinity. Furthermore, the applicant does not currently pmP0se to develop the site and, therefore, no impacts to biological resources are anticipated. 8. ENERGY AND MINERAL RESOURCES. Would the proposal: 8.a. Conflict with adopted energy conservation plans? (1) 8.b. Use non-renewal resources in a wasteful and inefficient manner?. i(1,2) 8.C. Result in the loss of availability of a known mineral resource that would be of future value to the ,/ region and the residents of the State? (1,2) Comments: 8.all I This p~'oject will not consume energy or non-renewable resources. 9. HAZARDS. Would the proposal involve: 9.a. A risk of accidental explosion or release of hazardous substances (including, but not limited to: oilp R:\G P A~2002~2-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02.dco 38 · ,. , : ~, ,¥'~.,,~?~,~.~..~:. ~.,...,~]~. (1,2) 9.b.Possible interference with an emergency response plan or emergency evacuatiOn plan? 9.c.The creation of any health hazard or potential health hazard? 9.d.Exposure of people to existing sources of potential health hazards? 9.e.Increase fire ha~rd in areas with flammable brush, grass, or trees? (1) Comments: 9.all The subject site is at the corner of a busy inters~tion. Changing the land use from VL to PO will have the futura potential for increased vehicle tdps and, therefore, the increased probabili~ of a vehicular accident fronting the site. However, this proposal only involves changes in zoning and general plan designations. The land will remain vaunt under this proposal and, therefore, there will be no additional exposure to hazards resulting from this proj~t. 10. NOISE. Would the proposal result in: 10.a. Increase in existing noise levels? 10.b; Exposure of people to'severe noise levels? Comments: 10.all ~ This proje~ will not contribute to existing noise levels. Ambient noise levels in the I vicini~ of the project site are ~thin acceptable levels. 11. PUBLIC SERVICES: Would the proposal have an effect upon, or result in a n~d for new or altered government Semites in any of the following areas: 11.a. Fire protection? 1 ~.b. Police protection? 11.c. Schools? 11.d. Maintenance of public facilities, inciudin~ roads? 11.e. Other governmental se~ices? R:\G P A~C'002~02-0260 Valley Chdsfian Fellowship~PC Staff Report continued to 11-20-02.doc 39 Comments: 11 .all I This project will not have an impact on any public services. 12. UTILITIES AND SERVICES SYSTEMS: Would the proposal Result in a need for new systems or supplies, or substantial Alterations to the following utilities: 12.a. Power or natural gas? ,/ 12.b. Communications systems? ,/ 12.c,' Local or regional water treatment or distribution facilities? 12.d, Sewer or septic tanks? 12.e. Storm water drainage? 12.f. Solid waste disposal? 12.g. Local or regional water supplies? Comments: 12.all I This project will not have an impact on any utilities or service systems. 13. AESTHETICS, Would the proposal: 13.a. Affect a scenic vista or scenic highway? (1,2) 13.b. Have a demonstrable negative v' aesthetic affect? 13.c. Create light or glare? Comments: 13.all This project will have no negative impact on scenic vistas or visual corridom. Future development of the site will impact views in this area, 14, CULTURAL RESOURCES. Would the proposal: 14.a. Disturb paleontological resources? (1,2) 14.b. Disturb archaeological resources? (t ,2) 14,c. Affect historical resources? (1) 14.d. Have tl~e potential to cause a physical change which would R:\G P A~2002~02-0260 Valley Christian Fellowship~PC Staff Report continu~d to 11-20-02.doc 4O affect unique ethnic cultural values? (1) 14.e. Restrict existing religious or sacred uses within the potential impact area? (1) Comments: 14.all There will be no excavation or grading activity associated with this project that could uncover paleontological, cultural or historical resources. No resources will be disturbed or changed as a result of this project. 15. RECREATION. Would the proposal: 15.a. Increase the demand for neighborhood or regional parks or other recreational facilities? (1,2) t5.b. Affect existing recreational opportunities? Comments: 15.all I This project will create not impact opportunities for recreation. 16, MANDATORY FINDINGS OF SIGNIFICANCE, 16.a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or Wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 16.b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? 16.c. Does the project have impacts R:\G P A~J)02~02-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02.doc 41 that ara individually limited, but cumulatively considerable? ('Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). 16.d. Does the project have environmental effects which will cause substantial adverse effects v' on human beings, either directly or indirectly? Comments: This project will have no impacts on the immediate surrounding area, or to the City as a whole. Futura development of the site may have some impact on the surrounding araa, but those potential impacts will be discussed or mitigated as those applications are raceived. EARLIER ANALYSES. SOURCES City of Temecula General Plan. City of Temecula General plan Final Environmental Impact Report. City of Temecula Development Code and Official Zoning Map R:\G P A~002~02-0260 Valley christian Fallowship'PC Staff Report continued to 11-20-02.doc 42 CITY OF TEMECULA N CASE NO. - PA02-0549 EXHIBIT - A - VICINITY MAP PLANNING COMMISSION DATE - November 20, 2002 R:\G P A\2(X)2\02-0260 Valley Christian Fellowship~C Staff Report continued to 11-20-02.doc 44 CrFYOFTEMECULA C-en_plan_cltyl .shp Gen_plan_cityl.shp~ HR ~ M ~ . PO O BP (~ HTC ~ NC O SC (~ CC G L ~ OS O Vt. CASE NO. - PA02-0549 EXHIBIT - B - GENERAL PLAN MAP PLANNING COMMISSION DATE - November 20, 2002 N S 200 400 600 Feet R:\G P A~2002~02-0260 Valley Christian Fellowshlp~PC Staff Report continued to 11-20-02.doc 45 CITY OF TEMECULA Zoning.shp Zoning.shp ~ . ~ LM ~ PI 2OO 0 20O 4O0 60O Feet CASE NO. - PA02-0549 EXHIBIT - C - ZONING MAP PLANNING COMMISSION DATE - November 20, 2002 R:\G P A~002~02-0260 Valley Christian Fellowship~PC Staff Report continued to 11-20-02.doc 46 ATFACHMENT NO. 3 INFORMATION PACKET FROM LOS RANCHITOS HOA R:\G P A~002\02-0260 Valley Christian Fellowship~Agenda Report CC 01-14-03.doc 7 Los Ranchitos Homeowners Association P.O. Box 471 Temecula, CA 92563 November 20, 2002 Dennis Chiniaeff, Chairman City of Temecula Planning Commission 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92593-9033 Subject: Los Ranchitos Homeowners Association PA 02-0260 11/20/02 Dear Dennis, The Los Ranchitos Homeowners Association (LRHOA) spoke with the church representative at the conclusion of the 8-21-02 heating and reiterated that we would provide conditional support of the CC&R amendment and would send out a ballot within a week if the church concurred. I finally heard from Pastor Neff on 10-21-02, with a letter of 10-24-02 (see attached) and a further follow up letter on 11-15-02 (see attached), which misstated the LRHOA conditions. Our position remains the same. No access to De Portola Road and an 8' wall along De Portola and the west property line! The access restriction can be addressed by the applicant dedicating the abutters rights of access to the City of Temeod~, by separate instrument, to be processed by Council before the Council action on the General Plan Amendment (GPA) and Change of Zone (CZ). This same provision can be included in the CC&R amendment. The security for the wall could be provided by the cash payme, nt proposed to the LRHOA of $15,000.00, to be paid upon approval of the GPA and CZ to be held in trust until the CCSR balloting is completed. We had not responded, hoping that the church would come fonvard to creatively resolve the situation - they have not! I will address the staff comments: Land Use Comuatibilitv: The LRHOA conditions will address this issue with the retention of the parcel within the LRHOA and architectural control of the ultimate development. Trafllc Anabsis: The traffic analysis provides only a comparison to build out numbers and assuminu buildout improvements constructed. If you will note the existin~ traffic exceeds the bulldout projection without the increase of 590 trips (De Portola west of Margarita). Also, the intersection was recently improved along with only a short portion of De Portola being widened to 64'. The road then narrows to existing condition. The roadway in the existing condition does not meet Collector status (i.e., 44' of pavement). There are several other areas of concern including increased impacts from acoustic sources, water quality, air quality, health hazards, utilities, and aesthetics. These all combine to present a potentially si/niflcant impact unless mitigation is specified to address the impacts now and not deferred! I would like to address several issues from the 8-21-02 meeting namely;, (1) Staff states: The chan~e is consistent with the Mnrsarita Land Uses. LRIIOA response: Agreed, then limit this parcels* access to be the same as the Margarita Land Uses, i.e., no access to De Portola. Staff states: A survey was sent to the LRHOA. LRHOA response: The survey was only sent to selected residents and included the provision for a cash payment to LRI-IOA, thus skewing the results. (3) Staff states: Professional Office (PO) least intrusive (offices are quiet uses) LRltOA response: There are several other uses that are far more intrusive! (see attached) (4) ~,taff~tates: PO is more desirable adjacent to major arterial LRHOA response: Agreed - with access to Margarita only. (~ Staff states: Non-residential land use would insulate existing residential uses fi.om traffic/noise. LRHOA response: Assumes this insulation is from Margarita Road, that may be true but the impacts from the actual use may be far greater. (6) Staff states: That Floor Area Ratio (FAR) is the most significant change and then cites a one or two floor building while 75' is allowed in PO or approximately 5 to 6 floors with a 35' setback. Noise Element: (7) Staff states: 0.59 acres unusable for residential (i.e., first 57') LRHOA response: Remainder could be built, as have both parcels at intersection ofPio Pico & Margarita in last 12 months. One house is at same relative elevation. Land Use Element: (8) Staff states: 3.3~ "incorporate buffers" 3.32 "protect single family residential". LRHOA response: Neither has been accomplished, need to add open space buffer along north and west property lines. Community Desien Element: (9) Staff States: LRHOA, these have been ignored in total, the time to provide mitigation is now not in the future. Additionally, it was brought to the LRHOA Board on 11-18-02 that all properties east of Pio Pico and south of Margarita had received and/or accepted offers from the same real estate broker that represented the hospital in order to gain access to De Portola. This is exactly the scenario that I proposed was the fear of LRHOA at the g-21-02, i.e., growth inducing impact. I would propose several potential course of actions should the Commission choose to move forward; B. Request the applicant b6ng forward a Planned Development Overlay with this GPA to address the General Plan buffeting issues, with design standards. Defer the application be brought forward as a part of the Citywide General Plan Update. Defer the application be brought forward with a Development Plan and a Parcel Map ond/or dedication of abutters rights of access, with LRHOA concurrence. Defer the application to be brought forward with a comprehensive Development Plan for any proposed hospital usage on the existing hospital ownership. Any of these applications shah be accurately and truly assessed for current and future environmental impacts with adequate mitigation measures and broad based community input along the lines of the effort put forward by Rancho Community Church. If you should have any questions or require further clarification on any of these issues, please feel ~ee to call me. S'mcerely, President Los Ranchitos Homeowners Association Valley Christian Fellowship P.O. Box 891556 Temecula, CA 92589 (909) 676-2550 Fax: (909) 695-2937 vcf@temecula.eom Mike McNeff: Pastor- RECEIVED ~T ~ 8 ~1~ MDMG, iNC. Oct. 24, 2002 MDMG 41635 Enterprise Cir. Temecula, CA 92590 Dear Mr. Markham, I wanted to thank you for the time you spent on the phone with Guy Romero, the chairman of our property committee, on Tuesday Oct. 22. We appreciate your time and are hoping to resolve the issues concerning our property. Thanks Again, Sincerely, November 13, 2002 Los Ranchitos HOA C/O Larry Markham MDMG, Inc. 41635 Enterprise Circle N. Temecula, CA 92590 RECEIVED NOV 15 2002 MOMG, INC. Dear Larry: As you are aware, Valley Christian Fellowship is the current owner of the 2.75 acre parcel #959-050-007 on the Sou~west comer of Margarita and De Portola. On October 21, 2002 we hada telephone conversation regarding our application for a zone change to Professional Office. You suggested specific conditions that you would present to the Board and encourage their support of the rezoning efforts. These are essentially the same items originally suggested to us when we opened escrow March 26, 2001 at EBR Escrow #5312-01 with Craig Pena and Firas Naber (Van Avery Schools) to purchase the 2.75 acres. After three meetings betWeen the seller, buyer, and HOA, a £mal list of conditions was presented to the buyer. This'list outlined expanded conditions under which the HOA board would support the efforts of the seller and buyer for rezoning and development of the 2.75 acres (attached). The single land use resfficfion and no access from De Portola would have placed unreasonable restrictions on the land development, thereby causing the buyer to cancel escrow in late June, 2001. We do not currently have the land in escrow and without a bdyer to define their needs it is not prudent for us to attach any conditions of development on the property at this time. We do however, support your current suggestion of right-in-fight-out access on Be Portola and a reasonable buffer between any development and those properties within the ltOA affected by any such development. We sincerely hope that you will understand our current position and will support the rezoning to Professional Office. Thank you in advance for your cooperation. Mike McNeff Property Committee · .. Pastor Cc: . l~mery,P, app,'Ci~ ~fTem~cula '"'~"~.' '~:: ' iJenm ~ al n, t-jannm~'" ' 's ~'hin ;e~;~' ~ ' g Commission - NOV. 13.~I~O~ 4:15PI4 CDM GROUP Il'lC. Imm 21, 2001 do Nan~ Austin ColdwdlBank~ 41730 W'md~r~ Road, its 1' T~m~cula. CA 92590 The I. ll.HOABoard oflY~'S ~'" 01, received the prope~ owu,wa: ~ APN # 959-050-007 2. Ow~z I 3. Land uses shell be ~ 4. ofl~ sezvi~s to LRHOA LRHLOA Board m ...v. bets SOUTHWEST LAND BRO~EI~AGE (~.,~..'. /f-'? '~ ? A DIVI$ON OF THE'I952 CORPERATION ................................................ Phone (909) 295-8324 Fax (909) 461-1230 31415DePo~olaRcod TemeeulnCalifomin, 92592 My mine is Dan Wnlsh and l'ra a real estate ngent working in Temec.ln One of my clients has expres~d inmmst in you property on De Portola and ll~kl~d Ii~ to SHl~l~il an offer to pm'clmse. These are viable buyers and as you will ~ee in the offer ll~y will pay all cash with li~e or no coi~s-~g~mcy. If you coold please review th~ enclosed pm~.hase offer and contact me at yom' earliest convenience I wouk~, appreciate it t will be happy to assist yo~ any way I can, I look ~urward to your call. I~PV~/caw I'd ¥S89-g0~-60~ snu~Poo.~N a;I-~e~43 dSt,:~O ~0 6~- ~oO To: City of Temecula Planning Commission City Council 8/20/2002 Re: Change of zoning at Margarita and DePortola To Whom It May Concern: It is our understanding that your body is considering a proposal to change the zoning of the property located at the SW Corner of Margarita and DePortola from Residential to Commercial. As residents of Temecula and members of the Los Ranchitos Homeowner's Association, we strongly oppose this change. When the current owners purchased this property, they were well aware of the existing zoning, as well as the restrictions placed upon the property by the Los Ranchitos CC&R's. Despite this, as a good faith effort, the Association Board has offered to support creative solutions that would accommodate both the current owner's desired use of the property as well as preserve the integrity of our community. The owners however have chosen to ignore 'these facts and go directly to the Commission and the Council to impose their desires on the rest of the community. One of their arguments is that Margarita is ill-suited for residential use. This contention is easily refuted by the existence of beautiful homes just up the street in the Santiago Estates and Santiago Ranchos communities. We strongly urge you not to support this requested change and to ask the current owners to work within the established framework of the community they chose to join. Than~ From: Neal and Julia Ziff 43801 Coronado Dr. Temecula CA 92592 (909) 676 - 5690 8/2012002 To: City of Temecula Planning Commission City Council Re: Change of zoning at Margarita and DePortola To Whom It May Concern: It is our understanding that your body is considering a proposal to change the zoning of the property located at the SW Corner of Margarita and DePortola from Residential to Commercial. As residentS of Temecula and members of the Los Ranchitos Homeowner's Association, we stronglY oppose this change. When the current owners purchased this property, they were well aware of the existing zoning, as well as the restrictions placed upon the property by the Los Ranchitos CC&R's. Despite this, as a good faith effort, the Association Board has offered to support creative solutions that would accommodate both the current owner's desired use of the property as well as preserve the integrity of our community. The owners however have chosen to ignore these factS and go directly to the Commission and the Council to impose their desires on the rest of the community. One of their arguments is that Margarita is ill-suited for residential use. This contention is easily refuted by the existence of beautiful homes just up the street in the Santiago Estates and Santiago Ranchos communities. We strongly urge you not to support this requested change and to ask the current owners to work within the established framework of the community they chose to join. Thank you, Neal and Ju, lYa Ziff Tp: City of Temecula Planning Commission City Council 8~20~2002 Re: Change of zoning at Margarita and DePortola To Whom It May Concern: It is our understanding that your body is considering a proposal to change the zoning of the property located at the SW Corner of Margarita and DePortola from Residential to Commercial. As residents of Temecula and members of the Los Ranchitos Homeowner's Association, we strongly oppose this change. When the current owners purchased this property, they were well aware of the existing zoning, as well as the restrictions placed upon the property by the Los Ranchitos CC&R's. Despite this, as a good faith effort, the Association Board has offered to support creative solutions that would accommodate both the current owner's desired use of the property as well as preserve the integrity of our community. The owners however have chosen to ignore 'these facts and go directly to the Commission and the Council to impose their desires on the rest of the community. One of their arguments is that Margarita is ill-suited for residential use. This contention is easily refuted by the existence of beautiful homes just up the street in the Santiago Estates and Santiago Ranchos communities. We strongly urge you not to support this requested change and to ask the current owners to work within the established framework of the community they chose to join. Thank you, To: City of Temecula Planning Commission City Council 8/20/2002 /.-k,-,',~( (_..,, ,....& Re: Change of zoning at Margarita and DePortola To Whom It May Concern: It is our understanding that your body is considering a proposal to change the zoning of the property located at the SW Corner of Margarita and DePortola from Residential to Commercial. As residents of Temecula and members of the los Ranchitos Homeowner's Association, we strongly oppose this change. When the current owners purchased this property, they were well aware of the existing zoning, as well as the restrictions placed upon the property by the Los Ranchitos CC&R's. Despite this, as a good faith effort, the Association Board has offered to support creative solutions that would accommodate both the current owner's desired use of the property as well as preserve the integrity of our community. The owners however have chosen to ignore 'these facts and go directly to the Commission and the Council to impose their desires on the rest of the community. One of their arguments is that Margarita is ill-suited for residential use. This contention is easily refuted by the existence of beautiful homes just up the street in the Santiago Estates and Santiago Ranchos communities. We strongly urge you not to support this requested change and to ask the current owners to work within the established framework of the community they chose to join. Thankyou, From: To: City of Temecula Planning Commission City Council 8120/2002 Re: Change of zoning at Margarita and DePortola To Whom It May Concern: It is our understanding that your body is considering a proposal to change the zoning of the property located at the SW Corner of Margarita and DePortola from Residential to Commercial. As residents of Temecula and members of the Los Ranchitos Homeowner's Association, we strongly oppose this change. When the current owners purchased this property, they were well aware of the existing zoning, as well as the restrictions placed upon the property by the Los Ranchitos CC&R's. Despite this, as a good faith effort, the Association Board has offered to support creative solutions that would accommodate both the current owner's desired use of the property as well as preserve the integrity of our community. The owners however have chosen to ignore these facts and go directly to the Commission and the Council to impose their desires on the rest of the community. One of their arguments is that Margarita is ill-suited for residential use. This contention is easily refuted by the existence of beautiful homes just up the street in the Santiago Estates and Santiago Ranchos communities. We strongly urge you not to support this requested change and to ask the current owners to work within the established framework of the community they chose to join. Thank you, From: DAVID M. LEAC~ 29232 YNEZ RD. Tr=I~ULA, CA 92592-2329 8/20/2002 To: City of Temecula Planning Commission City Council Re: Change of zoning at Margarita and DePortola To Whom It May Concern: It is our understanding that your body is considering a proposal to change the zoning of the property located at the SW Corner of Margarita and DePortola from Residential to Commercial. As residents of Temecula and members of the Los Ranchitos Homeowner's Association, we strongly oppose this change. When the current owners purchased this property, they were well aware of the existing zoning, as well as the restrictions placed upon the property by the Los Ranchitos CC&R's. Despite this, as a good faith effort, the Association Board has offered to support creative solutions that would accommodate both the current owner's desired use of the property as well as preserve the integrity of our community. The owners however have chosen to ignore 'these facts and go directly to the Commission and the Council to impose their desires on the rest of the community. One of their arguments is that Margarita is ill-suited for residential use. This contention is easily refuted by the existence of beautiful homes just up the street in the Santiago Estates and Santiago Ranchos communities. We strongly urge you not to support this requested change and to ask the current owners to work within the established framework of the community they chose to join. Thank you, ATTACHMENT NO. 4 SUPPORT LETTER FROM ADJACENT RESIDENTIAL OWNER R:\G P A~002\02-0260 Valley Chdsfian Fellowship~Agenda Report CC 01-14-03.doc 8 Aug. 14, 2002 To the City of Temecula Planning Commission, I/We are in support of the efforts of Valley Christ/an Fellowship to have the property on the Southwest comer of Margarita and DePortala (AP # 959-050-007) rezoned from Low Density Residential to Professional Office. Sincerely, Signature Name(s) Printed Address ITEM 16 APPROVAL CITYATTORNEY DIRECTOROFFINANCE~ CITY MANAGER CITY OFTEMECULA AGENDA REPORT TO: FROM: DATE: City Council/City Manager ~ql, ~ John Meyer, Housing and Redevelopment Directo January 14, 2003 SUBJECT: Corporation of Better Housing Senior Housing Project - Tax Exempt Fiscal Responsibility Act (TEFRA) Public Hearing Notice RECOMMENDATION: That the City Council: 1. Continue this public hearing to the City Council meeting of January 28, 2003. BACKGROUND: Because of procedural issues identified by Bond Counsel, this item has been renoticed and will be considered by the City Council at its January 28, 2003, meeting. FISCAL IMPACT: None. Agenda Reports\Building Codes 1 ITEM 17 APPROVAL ,=,, ? ~ ~/'-) CITY ATTORNEY DIRECTOR OF F~AN~I~_~.._ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council  usan W. Jones, City Clerk/Director of Support Services January 14, 2003 SUBJECT: Selection of City Council Committee Assignments PREPARED BY: Cheryl Domenoe, Administrative Secretary RECOMMENDATION: Appoint a member of the City Council to serve as liaison to each of the City Commissions and Committees and to the Pechanga Tribal Council: Commission Liaison (One Member) Community Services Commission Old Town Local Review Board Old Town Redevelopment Advisory Committee Planning Commission Public/Traffic Safety Commission Pechanga Tribal Council Liaison Appoint two members of the City Council to serve on each of the following Advisory Committees: Advisory Committees (Two Members) Community Service Funding Ad Hoc Committee Economic Development/Old Town Steering Committee Finance Committee Joint City Council/TVUSD Committee Library Task Force Old Town Temecula Community Theater Ad Hoc Committee/Theater Advisory Committee Public Works/Facilities Committee Agenda Reports/Committee Assignments 2003 1 3. Appoint member(s) of the City Council to serve on each of the following external committees: Representative Assiqnments (External Organizations) City of Murrieta Liaison County General Plan Update Committee - RCIP (attend meetings) French Valley Airport Committee League of Calif. Congress - 2003 Voting Dotegates Multi-Species Habitat Conservation Plan Committee (attend meetings) Murrieta Creek Advisory Board National League of Cities Annual Congress - 2003 Voting Delegate Riverside County Habitat Conservation Agency Riverside County Transportation Commission Riverside Transit Agency Representative Temecula Sister City Corporation Board of Directors Trails Master Plan Development Committee WRCOG Representative Appoint member(s) of the City Council to serve on each of the following Council Subcommittees: Council Subcommittees Animal Shelter Subcommittee Children's Museum Ad Hoc Subcommittee Electrical Needs Ad Hoc Subcommittee Homeless Programs & Services Subcommittee Rancho Community Church Subcommittee Roripaugh Ranch Annexation Ad Hoc Subcommittee SAF-T NET Subcommittee Sports Park Ad Hoc Subcommittee Temecula/Murrieta Subcommittee Wall of Honor Ad Hoc Subcommittee Water Park Subcommittee Villages of Old Town Ad Hoc Committee BACKGROUND: The City Council has established the policy of appointing one of its members to serve as liaison to each of the City commissions and committees. This policy also included appointing councilmembers to serve as the Council's representatives to external organizations and on a number of Council ad-hoc sub-committees. These members will serve through Calendar Year 2003. Attached for your convenience is a list of the Committee Assignments for 2002. ATTACHMENTS: 2002 Committee Assignments List Agenda Reports/Committee Assignments 2003 2 TEMECULA C!TY COUNCIL 2002 Committee Assiqnments Revised 8/14/02 from meeting of 8/13/02 Commission Liaison (One Member) Community Services Commission Old Town Local Review Board Old Town Redevelopment Advisory Committee Planning Commission Public/Traffic Safety Commission Pechanga Tribal Council Liaison Stone Pratt Roberts Naggar Roberts Comerchero, Roberts Advisory Committees (Two Members) Community Service Funding Ad Hoc Committee Economic Development/Old Town Steering Committee * Finance Committee * Joint City Council/TVUSD Committee * Library Task Force Old Town Temecula Community Theater Ad Hoc Committee/Theater Advisory Committee Public Works/Facilities Committee * * These meetings must be noticed at least 72 hours in advance. Naggar, Stone Roberts, Comerchero Naggar, Stone Naggar, Roberts Roberts, Stone Comerchero, Pratt Roberts, Stone Representative Assiqnments (External Organizations) City of Murrieta Liaison County General Plan Update Committee - RCIP (attepd meetings) French Valley Airport Committee League of Calif Congress - Voting Delegates Multi-Species Habitat Conservation Plan Committee (attend meetings) Murrieta Creek Advisory Board National League of Cities Annual Congress - 2001 Voting Delegate Riverside County Habitat Conservation Agency Riverside County Transportation Commission Riverside Transit Agency Representative Temecula Sister City Corporation Board of Directors Trails Master Plan Development Committee WRCOG Representative Council Subcommittees Animal Shelter Subcommittee Children's Museum Ad Hoc Subcommittee Electrical Needs Ad Hoc Subcommittee Homeless Programs & Services Subcommittee Rancho Community Church Subcommittee (Naggar alternate) Rodpaugh Ranch Annexation Ad Hoc Subcommittee SAF-T NET Subcommittee (also Connerton) Spods Park Ad Hoc Subcommittee TemeculaJMurrieta Subcommittee Wall of Honor Ad Hoc Subcommittee Water Park Subcommittee Villages of Old Town Ad HOC Committee Roberts, Stone Comerchero Naggar, Pratt Roberts, (Alternate Stone) Naggar Pratt, (Alternate Stone) Roberts, (Alternate Stone) Naggar Roberts, (Alternate Comerchero) Comerchero, (Alternate Pratt) Roberts Naggar, Stone Comerchero, (Alternate Roberts) Naggar, Roberts Comerchero, Roberts Comerchero, Naggar Naggar, Pratt Roberts, (Alternate Naggar) Roberts, Comerchero Stone Stone, Comerchero Roberts, Comerchero Stone, Comerchero Naggar, Comerchero Naggar, Roberts Lists\City Council Committee Assignments for 2002 ITEM 18 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OFTEMECULA AGENDA REPORT City Manager/City Council A~"~William G. Hughes, Director of Public Works/City Engineer January 14, 2003 Consideration of Adoption of Resolution of Necessity for the Acquisition in Eminent Domain of Property for Street Improvements and for Temporary Construction Easements in Connection with the Diaz Road Realignment Project, Project No. PW95-27. APN 921-040-028 - Morter Property RECOMMENDATION: That the City Council: Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staffthe evidence stated and referred to in this Report, take testimony from any person wishing to be heard on issues A, B, C and D below, and consider all the evidence to determine whether to adopt the proposed Resolution, which requires a unanimous or 4/5ths vote. If the City Council finds, based upon the evidence contained in and referred to in this Report, the testimony and comments received in this hearing, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2003- (which requires a 4/5ths vote of the entire Council) and authorize that an eminent domain proceeding be filed to acquire Certain Property Interests ("Subject Property Interest") in the real property consisting of a fee simple as well as a temporary construction easement interest in a portion of the real property commonly known as Assessor's Parcel No. 921-040-028 and more fully described in the attached Exhibits. Specifically, the legal description of the acquisition of the fee simple interest sought to be acquired on portions of the real property identified as Assessor's Parcel Number 921-040- 028 is attached as Exhibit "A" and depicted on the map attached as Exhibit "B". The legal description of the acquisition of the temporary construction easement interest is attached as Exhibit "A-I" and depicted on map attached as Exhibits "B-I" and "C". I R:agdrptL2003\011403/PW95-27.Reso_Morter 3. Adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE PROPOSED DIAZ ROAD REALIGNMENT PROJECT As a resolution, if approved, approve a warrant payable to the Clerk of the Court, Riverside County in the amount of $129,190.00 for deposit in court to obtain an order of possession of the Jerry R. Morter and Linda C. Morter property interests. 5. Authorize the City Manager to execute all necessary documents. BACKGROUN D: The Diaz Road Realignment project consists of the realignment of Diaz Road to the intersection of Rancho California Road at Vincent Moraga Drive. Improvements will include approximately 4200 feet of four-lane roadway, with traffic signals at the new intersection as well as at Diaz Road and Rancho Way. The purpose of the Project is to improve the area circulation west of Murrieta Creek and to alleviate peak hour congestion at Rancho California Road west of Jefferson Avenue. Relocation of the signal to Vincent Moraga Drive is necessary to achieve sufficient stacking room west of the signalized intersection at Old Town Front Street during PM peak hours and to allow for more efficient use of the intersections west of Old Town Front Street. In addition, the proposed signal at Vincent Moraga Drive is needed as part of the Phase I for the Western Bypass and for anticipated future development in the Old Town area and the County. The Subject Property Interest is sought for a public purpose, namely to obtain additional right-of-way along Diaz Road north of Rancho California Road necessary to accommodate the new road alignment, and all purposes necessary and convenient thereto pursuant to Government Code Sections 37350, 37350.5, 37351,37353, 40401 and 40404 and California Code of Civil Procedure Sections 1240.010 through 1250.050 and 1240.110, 1240.120, 1240.150, 1240.160, 1250.510, 1240.610, 1240.650, and other provisions of law. The Subject Property Interest is located in the City of Temecula, County of Riverside, California. This Subject Property Interest is a portion of the real property commonly known as Assessor's Parcel No. 921-040-028, and more fully described in the attached Exhibits. Specifically, the legal description of the acquisition of the fee simple interest sought to be acquired on portions of the real property identified as Assessor's Parcel Number 921-040-028 is attached as Exhibit "A" and depicted on the map attached as Exhibit "B". The legal description of the acquisition of the temporary construction easement interest is attached as Exhibit "A-I" and depicted on maps attached as Exhibits "B-I" and "C". 2 R:agd~t~2003\011403/PW95-27.Reso_Morter The potential environmental impacts of the Project have been studied and analyzed bythe City. On November 12, 2002, the City of Temecula approved a Negative Declaration regarding the construction of the Diaz Road Realignment Project and duly filed a Notice of Determination thereof (Negative Declaration EA-68). Pursuant to Government Code Section 7262 et seq., the City obtained a fair market value appraisal of the Subject Property Interest, set just compensation in accordance with the appraised fair market value and extended a written offer letter to the record title owner of the subject property, Jerry R. Morter and Linda C. Morter, on November 25, 2002. A true and correct copy of the offer letter is on file with the City. To date however, no negotiated purchase has been consummated, and the schedule for the proposed Project requires that the City Council consider the proposed Resolution of Necessity at this time. To adopt the proposed Resolution of Necessity, the City Council must find and determine that: A. The public interest and necessity require the project; B. The project is planned or located in the manner that will be compatible with the greatest public good and least private injury; C. The Subject Property Interest described in the Resolution of Necessity is necessary for the Project; D. The fair market value offer required by Section 7267.2 of the Government Code has been made to the owner of record of the property sought to be acquired. This hearing relates to Issues A, B, C and D above. A. The Public Interest and Necessity Require the Project Due to increased traffic volumes, the current location of the signalized intersection at Diaz Road and Rancho California Road no longer allows sufficient stacking room distance west of Old Town Front Street. The close proximity of the two intersections inhibits adequate traffic access to Rancho California Road from Diaz Road resulting in excessive congestion at the current intersection during PM peak hours. As a result, the City is proposing to relocate the current Diaz Road intersection to Vincent Moraga Drive located west of the current Diaz Road location to increase traffic stacking room and to allow signalized access to Rancho California Road at Vincent Moraga Drive. The Project is Planned or Located in the Manner that will be Compatible with the Greatest Public Good and Least Private Injury The Project has been planned and located to alleviate the growing traffic congestion west of Murrieta Creek along Rancho California Road and to improve access to Rancho California Road (and the freeway) for the business park properties located west of the Creek including the subject property. The proposed signal at Vincent Moraga Drive is also necessary to accommodate future traffic generated by the Phase I of the Western Bypass and for anticipated development in the Old Town area and the County. 3 R:agdrpt~2003\011403/PW95-27.Reso_Morter The City's design has configured the realigned roadway to minimize the impact on the subject property while at the same time achieving a new roadway configuration that meets design speed requirements for a Major Highway classification (Diaz Road). The Subject Property Interests Described in the Resolution of Necessity are necessary for the Project The proposed acquisition of the subject property interests described in the Resolution is necessary for the Project as planned and designed. These interests include acquisitions in fee simple for the right-of-way and temporary construction easements. Although the majority of the new right-of-way required by the project is located within City-owned property, additional property for right-of-way is required for constructing roadway curves necessary to connect the existing Diaz Road to the new intersection. D= The Offer Required by Section 7267.2 of the Government Code has been made to the Owner of Record of the Property Sought to be Acquired Pursuant to Government Code Section 7262 et seq., the City obtained a fair market value appraisal of the Subject Property Interest, set just compensation in accordance with the appraised fair market value, and extended a written offer letter to Jerry R. Morter and Linda C. Mot[er, the owner of record of the Subject Property Interests on November 25, 2002. A true and correct copy of the offer letter is on file with the City. The owner of record has not formally responded to the City's offer. To date, no negotiated purchase has been consummated and the schedule for the proposed project requires that the City Council consider the proposed Resolution of Necessity at this time. Adoption of the Resolution of Necessity requires at least a four/fifths (4~5) vote of the City Council. FISCAL IMPACT: The right-of-way acquisition for the Diaz Road Realignment Project is funded by Capital Project Reserves, Measure A Funds and Developer Impact Fees. Adequate funds are available in Account No. 210-165-632-5804 for the deposit amount of $129,190.000. ATTACHMENTS: 2. 3. 4. Resolution No. 2003- Exhibits "A" and "B"- Right-of-Way Exhibits "A-I", and "B-'I" - Temporary Construction Easements Exhibits "C" - TCE Construction Area 4 R:agdrpt~2003\011403/PW95-27.Reso_Morter RESOLUTION NO. 2003- A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE DIAZ ROAD REALIGNMENT PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation in the County of Riverside, State of California. Section 2. The property interests described generally in Section 3 of this Resolution and more particularly described in Exhibits A, B, ^-1 and B-1 of this Resolution ("Subject Property Interests"), are to be taken for a public use, namely for the Diaz Road Realignment Project, construction of said project, and all purposes necessary or convenient thereto, pursuant to the authority conferred on the City of Temecula by eminent domain by California Constitution Article I Section 19, and California Government Code Sections 37350, 37350.5, 40401,40403 and 40404 and California Code of Civil Procedure Sections 1240.010 through 1240.050; and 1240.110, 1240.120, 1240.150, 1240.160, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The Subject Property Interests sought to be taken are located in the City of Temecuta, County of Riverside, State of California, and are portions of a larger parcel identified by Assessors Parcel Number 921-040-028. The Subject Property Interests sought to be taken are more particularly described in Exhibits A, B, A-l, and B-1 to this Resolution, which are incorporated by this reference. Section 4. The City Council of the City of Temecula finds and determines that: A. The acquisition of the Subject Property Interests is required for the Diaz Road Realignment Project ("the Project"). A general description of the Project is set forth in the Agenda Report dated January 14, 2003. B. The potential impacts of the acquisition of the Subject Property Interests were analyzed in connection with the analysis of the construction of the Diaz Road Realignment Project. On November 12, 2002, the City of Temecula approved a Negative Declaration regarding the construction of the Diaz Road Realignment Project and duly filed a Notice of Determination thereof (Negative Declaration EA-68). Section 5. The City Council of the City of Temecula hereby finds and determines that: A. The public interest and necessity require the proposed project; B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 5 R:agdrptL2003\011403/PW95-27.Reso_Mormr C. The property interests described in Exhibits A, B, A-l, and B-1 are necessary for the proposed project; and D. The offer required by Section 7267.2 of the Government Code has made to the owners of record. Section 6. The findings and declarations contained in this Resolution are based on the record before the City Council on January 14, 2003 when it adopted this Resolution, including the Agenda Report dated January 14, 2003, all documents incorporated in the Agenda Report, the testimony at the hearing, the records and documents prepared in connection with the Project, the testimony and evidence presented at hearings related to the Project, and the public records of the City pertaining to the Project, all of which are incorporated in this Resolution by this reference. Section 7. The City of Temecula hereby authorizes and directs Richards, Watson & Gershon, as City Attorney, to take all steps necessary to commence an action in a court of competent jurisdiction to acquire by eminent domain the property interests described in this Resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 14th day of January, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2003-__ 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 January, 2003, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:agd~tX2003\011403/PW95-27.Reso_Morter EXHIBIT LEGAL DESCRIPTION FOR RIGHT-OF-WAY DEDICATION DIAZ ROAD BEING A PORTION OF BLOCK 2 OF THE PAUBA LAND AND WATER COMPAN~S SUBDMSION OF THE TEMECULA RANCHO IN THE CITY OF TEMECUI.A, COUNTY OF RIVERSIDE, STATE OF CAUFORN[A, AS SHOWN BY MAP ON FILE IN BOOK 11, PAGE 507 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY MOST CORNER OF PARCEL 1 OF PARCEL MAP 19580, AS SHOWN ON A MAP FILED IN BOOK 154 AT PAGES 92 THROUGH 96, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, ~SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF DIAZ ROAD;, THENCE SOUTH 47°01'03' WEST, 134.57 FEET ALONG THE NORTH UNE OF SAID PARCEL 1 TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 800.00 FEET, A RADIAL UNE THROUGH SAID POINT BEARS SOUTH 76°19~9" FAST; THENCE 'NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32°06'51 ', AN ARC LENGTH OF 448.40 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-VVAY OF DIAZ ROAD, A RADIAL ENE THROUGH SAID POINT BEARS NORTH 71°33'39' EAST; THENCE SOUTH 18°26'21- EAST, 369.39 FEET ALONG SAID WESTERLY RIGHT-OF-WAY OF DIAZ ROAD TO THE POINT OF BEGINNING. CONTAINING 13,363.433 SQUARE FEET OR 0.307 ACRES MORE OR LESS. THE DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED 'EXHIBIT B' AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: BRIAN D~ O~ PROFESSIONAL I.AND SURVEYOR NO, 7171 EXPIRES 12-31-~'003 Page I c~ 1 Apd116. 2002 BY: R. Pisa CK'D BY: B. Fox f-C:IM'/Docume~ts~egaN:)iaz Roa~ SCALE IN FEET 1" = 200' \ 43200 BUSINESS PARK DR. TEMECUI.A, CA 92590 (909) 694-6411 JOHN &: MARILYN HAMPTON 2352 CAS~TAS DEL SOL ~*AI ~ ~ROOK, CA 92028 760) 451-0421 EXHIBIT "B" LECEND AREA=O.~07 ACRES. UO~ OR LESS / /APN 921-O40-028 'tX, PAUBA LAND &: WA'IER CO. SUB, U.EL 11/507 PREPARED BY: 151 Sout~ Girord Street · Hemet. Ca 92544 (909) 652-445 FAX (909) 766-8942 E-MAIL kbcozod.com EXHIBIT "A-I" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT DIAZ ROAD BEING A PORTION OF BLOCK 2 OF THE PAUBA LAND AND WATER . COMPANY'S SUBDIVISION OF THE TEMECULA RANCHO IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FI] .E IN BOOK 11, PAGE 507 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CAI.lgORNIA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY MOST CORNER OF PARCEL 1 OF PARCEL MAP 19580, AS SHOWN ON A MAP FII.F.D 1N BOOK 154 AT PAGES 92 THROUGH 96, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF DIAZ ROAD; THENCE SOUTH 47°01 '03" WEST, 134.57 FEET ALONG THE NORTH LINE OF SAID PARCEL 1 TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 800.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 76019'29'' WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 76019'29'' WEST, 40.25 FEET ALONG SAID RADIAL LINE TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 760 FEET, THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°20'59'', AN ARC LENGTH OF 225.74 FEET. THENCE ALONG A RADIAL LINE BEARING NORTH 86019'32'' EAST, 40.00 FEET TO A POINT ON SAID CURVE HAVING A RADIUS OF 800.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE HAVING A RADIUS OF 800.00 FEET THROUGH A CENTRAL ANGLE OF 17020'59TM, AN ARC 1 .ENGTH OF 242.25' FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 9,359.67 SQUARE FEET OR .215 ACRES MORE OR LESS. THE DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED "EXHIBIT B-I" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: RONALD J. PARKS DEPUTY DIRECTOR OF PUBLIC WORKS REGISTERED CIVIL ENGINEER NO. 19744 EXPIRES 9-30-05 EXHIBIT "B 1" LINE TABLE NO. DIRECTION DISTANCE L1IN1~1972:', E 40.00' L2 IS 76'1929 E 40.25' CURVE TABLE INO.I DELTA I I~OIUS l u~ JERRY R. MORTER AND UNDA C. MORTER CiTY OF TEMECULA 4-$200 BUSINESS PARK DR. TEMECUI.A, CA 92590 (909) 694--6411 SCALE IN FEET 1" = 200' / APN 921-040-028 / ~,..~ POR110N BLOCK 2 PAU~A LAND & CO. SUB. M.B. 11/507 ~%¥'- x .P, LECEND -- POKqlON BEING D[SCRIBED AREA = 9~9.67 Sq~ FEET OR .215 ~, MORE OR LESS -P.O.B. CITY OF TEMECULA EXHIBIT FOR: TEMPORARY CONSTRUCTION EASEMENT 2807,5 DIAZ ROAD 0 0 ILl i (~n0~vs) nv ON¥ IN3~-~ NI ITEM 19 APPROVAl ClTYATTORNEY DIRECTOR OF FINANCE_~_.~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City ManagedCity Council t~/~William G. Hughes, Director of Public Works/City Engineer January 14, 2003 Consideration of Adoption of Resolution of Necessity for the Acquisition in Eminent Domain of Property for Street Improvements and for Temporary Construction Easements in Connection with the Diaz Road Realignment Project, Project No. PW95-27. APN 921-020-039 - Massie Property RECOMMENDATION: That the City Council: Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this Report, take testimony from any person wishing to be heard on issues A, B, C and D below, and consider all the evidence to determine whether to adopt the proposed Resolution, which requires a unanimous or 4/5ths vote. If the City Council finds, based upon the evidence contained in and referred to in this Report, the testimony and comments received in this hearing, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then the staff recommends that the City Council, in the exemise of its discretion, adopt proposed Resolution No. 2003- (which requires a 4/5ths vote of the entire Council) and authorize that an eminent domain proceeding be filed to acquire Certain Property Interests ("Subject Property Interest") in the real property consisting of a fee simple as well as a temporary construction easement interest in a portion of the real property commonly known as Assessor's Parcel No. 921-020-039 and more fully described in the attached Exhibits. Specifically, the legal description of the acquisition of the fee simple interest sought to be acquired on portions of the real property identified as Assessor's Parcel Number 921-020- 039 is attached as Exhibit "A" and depicted on the map attached as Exhibit "B". The legal description of the acquisition of the temporary construction easement interest is attached as Exhibit "A-I" and depicted on maps attached as Exhibits "B-I", "C-1" and "C-2". R:agdrpt~2003\011403~PW95-27.Reso_Massie 3. Adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE PROPOSED DIAZ ROAD REALIGNMENT PROJECT As a resolution, if approved, approve a warrant payable to the Clerk of the Court, Riverside County in the amount of $5,397.00 for deposit in court to obtain an order of possession of the Wilma M. Massie property interests. 5. Authorize the City Manager to execute all necessary documents. BACKGROUND: The Diaz Road Realignment project consists of the realignment of Diaz Road to the intersection of Rancho California Road at Vincent Moraga Drive. Improvements will include approximately 4200 feet of four-lane roadway, with traffic signals at the new intersection as well as at Diaz Road and Rancho Way. The purpose of the Project is to improve the area circulation west of Murrieta Creek and to alleviate peak hour congestion at Rancho California Road west of Jefferson Avenue. Relocation of the signal to Vincent Moraga Drive is necessary to achieve sufficient stacking room west of the signalized intersection at Old Town Front Street during PM peak hours and to allow for more efficient use of the intersections west of Old Town Front Street. In addition, the proposed signal at Vincent Moraga Drive is needed as part of the Phase I for the Western Bypass and for anticipated future development in the Old Town area and the County. The Subject Property Interest is sought for a public purpose, namelyto obtain additional right-of-way at the northwest comer of Rancho California Road and Business Park Drive necessary to accommodate the new road alignment, and all purposes necessary and convenient thereto pursuant to Government Code Sections 37350, 37350.5, 37351, 37353, 40401 and 40404 and California Code of Civil Procedure Sections 1240.010 through 1250.050 and 1240.110, 1240.120, 1240.150, 1240.160, 1250.510, 1240.610, 1240.650, and other provisions of law. The Subject Property Interest is located in the City of Temecula, County of Riverside, California. This Subject Property Interest is a portion of the real property commonly known as Assessor's Parcel No. 921-020-039, and more fully described in the attached Exhibits. Specifically, the legal description of the acquisition of the fee simple interest sought to be acquired on portions of the real property identified as Assessor's Parcel Number 921-020-039 is attached as Exhibit "A" and depicted on the map attached as Exhibit "B". The legal description of the acquisition of the temporary construction easement interest is attached as Exhibit '%-1" and depicted on maps attached as Exhibits "B-I", "C-1" and "C-2". The potential environmental impacts of the Project have been studied and analyzed bythe City. On November 12, 2002, the City of Temecula approved a Negative Declaration regarding the construction of the Diaz Road Realignment Project and duly filed a Notice of Determination thereof (Negative Declaration EA-68). 2 B.:agdrpt~2003\0 ] ] 403~PW95-27.Rcso_Massi¢ Pursuant to Government Code Section 7262 et seq., the City obtained a fair market value appraisal of the Subject Property Interest, set just compensation in accordance with the appraised fair market value and extended a written offer letter to the record title owner of the subject property, Wilma M. Massie, on November 25, 2002. A true and correct copy of the offer letter is on file with the City. To date however, no negotiated pumhase has been consummated, and the schedule for the proposed Project requires that the City Council consider the proposed Resolution of Necessity at this time. To adopt the proposed Resolution of Necessity, the City Council must find and determine that: A. The public interest and necessity require the project; B. The project is planned or located in the manner that will be compatible with the greatest public good and least private injury; C. The Subject Property Interest described in the Resolution of Necessity is necessary for the Project; D. The fair market value offer required by Section 7267.2 of the Government Code has been made to the owner of record of the property sought to be acquired. This hearing relates to Issues A, B, C and D above. A. The Public Interest and Necessity Require the Project Due to increased traffic volumes, the current location of the signalized intersection at Diaz Road and Rancho California Road no longer allows sufficient stacking room distance west of Old Town Front Street. The close proximity of the two intersections inhibits adequate traffic access to Rancho California Road from Diaz Road resulting in excessive congestion at the current intersection during PM peak hours. As a result, the City is proposing to relocate the current Diaz Road intersection to Vincent Moraga Drive located west of the current Diaz Road location to increase traffic stacking room and to allow signalized access to Rancho California Road at Vincent Moraga Drive. The Project is Planned or Located in the Manner that will be Compatible with the Greatest Public Good and Least Private Injury The Project has been planned and located to alleviate the growing traffic congestion west of Murrieta Creek along Rancho California Road and to improve access to Rancho California Road (and the freeway) for the business park properties located west of the Creek including the subject property. The proposed signal at Vincent Moraga Drive is also necessary to accommodate future treffic genereted by the Phase I of the Western Bypass and for anticipated development in the Old Town area and the County. The City's design has configured the realigned roadway to minimize the impact on the subject property while at the same time achieving a new roadway configuration that meets design speed requirements for a Major Highway classification (Diaz Road). 3 R:agdrpt~2003\0 ] 1403~PW95-27.Rcso_Massie The Subject Property Interests Described in the Resolution of Necessity are necessary for the Project The proposed acquisition of the subject property interests described in the Resolution is necessary for the Project as planned and designed. These interests include acquisitions in fee simple for the right-of-way and temporary construction easements. Although the majority of the new right-of-way required by the project is located within City-owned property, additional property for right-of-way is required for constructing roadway curves necessary to connect the existing Diaz Road to the new intersection. The Offer Required by Section 7267.2 of the Government Code has been made to the Owner of Record of the Property Sought to be Acquired Pursuant to Government Code Section 7262 et seq., the City obtained a fair market value appraisal of the Subject Property Interest, set just compensation in accordance with the appraised fair market value, and extended a written offer letter to Wilma M. Massie, the owner of record of the Subject Prepedy Interests on November 25, 2002. A true and correct copy of the offer letter is on file with the City. The owner of record has not formally responded to the City's offer. To date, no negotiated purchase has been consummated and the schedule for the proposed project requires that the City Council consider the proposed Resolution of Necessity at this time. Adoption of the Resolution of Necessity requires at least a four/fifths (4~5) vote of the City Council. FISCAL IMPACT: The right-of-way acquisition for the Diaz Road Realignment Project is funded by Capital Project Reserves, Measure A Funds and Developer Impact Fees. Adequate funds are available in Account No. 210-165-632-5804 for the deposit amount of $5,397.00. ATTACHMENTS: 2. 3. 4. Resolution No. 2003- Exhibits "A" and "B" - Right-of-Way Exhibits "A-I", and "B-I" - Temporary Construction Easements Exhibits "C-1" and "C-2" - TCE Construction Areas 4 R:agdrpt~2003\011403~PW95-27.Reso_Massie RESOLUTION NO. 2003- A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE DIAZ ROAD REALIGNMENT PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation in the County of Riverside, State of California. Section 2. The property interests described generally in Section 3 of this Resolution and more particularly described in Exhibits A, B, A-1 and B-1 of this Resolution ("Subject Property Interests"), are to be taken for a public use, namely for the Diaz Road Realignment Project, construction of said project, and all purposes necessary or convenient thereto, pursuant to the authority conferred on the City of Temecula by eminent domain by California Constitution Article I Section 19, and California Government Code Sections 37350, 37350.5, 40401,40403 and 40404 and California Code of Civil Procedure Sections 1240.010 through 1240.050; and 1240.110, 1240.120, 1240.150, 1240.160, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The Subject Property Interests sought to be taken are located in the City of Temecula, County of Riverside, State of California, and are portions of a larger parcel identified by Assessors Parcel Number 921-020-039. The Subject Property Interests sought to be taken are more particularly described in Exhibits A, B, A-l, and B-1 to this Resolution, which are incorporated by this reference. Section 4. The City Council of the City of Temecula finds and determines that: A. The acquisition of the Subject Property Interests is required for the Diaz Road Realignment Project ("the Project"). A general description of the Project is set forth in the Agenda Report dated January 14, 2003. B. The potential impacts of the acquisition of the Subject Property Interests were analyzed in connection with the analysis of the construction of the Diaz Road Realignment Project. On November 12, 2002, the City of Temecula approved a Negative Declaration regarding the construction of the Diaz Road Realignment Project and duly filed a Notice of Determination thereof (Negative Declaration EA-68). Section 5. The City Council of the City of Temecula hereby finds and determines that: A. The public interest and necessity require the proposed project; B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 5 R:agdrpt~2003\011403~PW95-27.Reso_Massie C. The property interests described in Exhibits A, B, A-l, and B-1 are necessary for the proposed project; and D. The offer required by Section 7267.2 of the Government Code has made to the owners of record. Section 6. The findings and declarations contained in this Resolution are based on the record before the City Council on January 14, 2003 when it adopted this Resolution, including the Agenda Report dated January 14, 2003, all documents incorporated in the Agenda Report, the testimony at the hearing, the records and documents prepared in connection with the Project, the testimony and evidence presented at hearings related to the Project, and the public records of the City pertaining to the Project, all of which are incorporated in this Resolution by this reference. Section 7. The City of Temecula hereby authorizes and directs Richards, Watson & Gershon, as City Attorney, to take all steps necessary to commence an action in a court of competent jurisdiction to acquire by eminent domain the property interests described in this Resolution. PASSED, APPROVED, AND ADOPTED, bythe City Council of the City of Temecula this 14th day of January, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2003-__ 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 January, 2003, by the following vote: AYES: 0 NOES: 0 ABSTAIN: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:agdrptX2003\0l 1403~PW95-27.Reso_Massie EXHIBIT LEGAL DESCRIPTION FOR RIGHT-OF-WAY DEDICATION THAT PORTION OF PARCEL 1 OF PARCEL MAP 19580-1, AS SHOWN ON A PARCEL MAP ON FILE IN BOOK 125 AT PAGES 1 THROUGH 6 INCLUSIVELY OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNI~ BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERUNE INTERSECTION OF RANCHO CALIFORNIA ROAD AND BUSINESS PARK DRIVE AS SHOWN ON SAID MAP, SAID POINT BEING MARKED BY A 1 Yz4NCH BRASS DISK STAMPED LS. 3103, FLUSH, PER SAID MAP; THENCE NORTH 06°56'07' WEST, 67.00 FEET ALONG THE CENTERLINE OF BUSINESS PARK DRIVE TO ~THE BEGINNING OF A TANGENT CURVE IN THE CENTER OF BUSINESS PARK DRIVE; THENCE SOUTH 83°03'03- WEST, 39.00 FEET TO THE NORTHERLY CORNER-CUTBACK CORNER AS SHOWN ON PARCEL 1 OF SAID MAP, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 39°1~01' WEST, 3324 FEET ALONG SAID CORNER CUT-BACK TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF RANCHO CALIFORNIA ROAD;, THENCE SOUTH 83°03'53' WEST, 8.99 FEET ALONG THE NORTHERLY RIGHT- OF- WAY OF RANCHO OAUFORNIA ROAD;, THENCE LEAVING &ND RIGHT OF WAY NORT~i 42°01'33" EAST, 32.75 FEET ~0 THE BEGINNING OFA CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 900.00 FEET, A RADIAL UNE THROUGH SAID POINT BEARS SOUTH 87'31'33' WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°3ff23", AN ARC LENGTH OF 55.08 FEET TO A POINT ON THE WE~/P. RLY RIGHT OF WAY OF BUSINESS PARK DRIVE, SAiD POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 611.00 FEET, A RADIAL UNE THROUGH SAID POINT BEARS NORTH 78°03'53' EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°0fi00', AN ARC LENGTH OF 53.32 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 432.508 SQUARE FEET OR 0.010 ACRES, MORE OR LESS. THE DESCRIFr[1ON ALSO BEING SHOWN ON THE ATTACHED 'EX~IIBIT B' AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: BRIAN D. PROFESSIONAL LAND SURVEYOR NO. 7171 EXPIRES 12-31-2003 Page 1 of 1 Ap~119, 2002 BY: I~ Pisa CK'D BY: B. Fox f~:UVly Documents~eg al~Rancho Califomi&d~c EXHIBIT "B" DIAGRAM (Right of Way) 5 EXHIBIT "B" .,~ ~ SCALE IN FEET 1' = 100' DELTA ~ .E]I~ NO. DIREC11ON [:X~-'TN~ICI~ O.~..xO'~Y* 900.00'55.08' U S ~9*n'OP W ~1.~4~ 05'eo'eo" 6u.oo' ,~3'Z L~ S 8.7~,~*W &~9* ~CO,'D · 0.010 ACRES, I,(Ol~: (~ LESS 45200 BUSINESS PARK DR. TEMECULA, CA 92590 (909) 694-6411 ~LMA M. MASS~E 31,.~)5 CANIERBURY COURT I'EM£CUI_A, CA 92591 (909) 695-2485 PREPARED BY: .su~v~YmS/~S 151 South Oirord Street HemeL C~ 92544 (909) 652-445* FAX (909) 766-8942 E-MAIL kbcozod.com EXHIBIT "A-I" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BUSINESS PARK DRIVE THAT PORTION OF PARCEL 1 OF PARCEL MAP 19580-1, AS SHOWN ON PARCEL MAP ON FII.E IN BOOK 125 AT PAGES 1 THROUGH 6 INCLUSIVELY OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF P,.i-v~RS~E COi. J-N~--I'~ CALIFORNIA, BEINO MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT THE CENTERI JNE INTERSECTION OF RANCHO CAI JFORNIA ROAD AND BUSINESS PARK DRIVE AS SHOWN ON SAID MAP, SAID POINT BEING MARKED BY A 1 'A-INCH BRASS DISK STAMPED L.S. 3163, FLUSH, PER SAID MAP; THENCE NORTH 06056'07'' WEST 67.00 FEET ALONG THE CENTERLINE OF BUSINESS PARK DRIVE TO THE BEGINNING OF A TANGENT CURVE IN THE CENTER OF BUSINESS PARK DRIVE; THENCE SOUTH 83003'53'' WEST, 39.00 FEET TO THE NORTHERLY CORNER- CUTBACK CORNER AS SHOWN ON PARCEL 1 OF SAID MAP, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF BUSINESS PARK DRIVE, SAID POINT ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 611.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27'44'58", AN ARC LENGTH OF 295.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 54042'54'' WEST, 20.00 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 588.94 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10042'40'', AN ARC LENGTH 110.10 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SINGLE OAK DRIVE, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 533.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00037, 17", AN ARCH LENGTH OF 5.78 FEET TO THE NORTHERLY CORNER- CUT BACK CORNER AS SHOWN ON PARCEL 1 OF SAID MAP; THENCE SOUTH 89046'27" EAST, 20.07 FEET ALONG SAID CORNER CUT- BACK TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF BUSINESS PARK DRIVE; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT-OF-WAY OF BUSINESS PARK DRIVE THROUGH A CENTRAL ANGLE OF 09°18'31'', HAVING A RADIUS OF 611.00 FEET, AN ARC LENGTH OF 99.27 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1,061.69 SQUARE FEET OR .0244 ACRES MORE OR LESS. PARCEL B BEGINNING AT THE CENTERLINE INTERSECTION OF RANCHO CALIFORNIA ROAD AND BUSINESS PARK DRIVE AS SHOWN ON SAID MAP, SAID POINT BEING MARKED BY A 1 ~-INCH BRASS DISK STAMPED L.S. 3163, FLUSH, PER SAID MAP; THENCE NORTH 06o56'07'' WEST 67.00 FEET ALONG THE CENTERLINE OF BUSINESS PARK DRIVE TO THE BEGINNING OF A TANGENT CURVE IN THE CENTER OF BUSINESS PARK DRIVE; THENCE SOUTH 83o03'53'' WEST, 39.00 FEET TO THE NORTHERLY CORNER- CUTBACK CORNER AS SHOWN ON PARCEL 1 OF SAID MAP, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF BUSINESS PARK DRIVE, SAID POINT ALSO BEING TH]~ BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 611.00 FEET; THENCE NORTHERLY AI.~NG SAID CRUVE THROUGH A CENTRAL ANGLE OF 05000'00'', AN ARC LENGTH OF 53.32 FEET; TO THE BEGINNING OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 900.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARING SOUTH 87°31 '33" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 03030'23" AN ARC LENGTH OF 55.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 42°01'33" WEST 32.75 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF RANCHO CAI JFORNIA ROAD; THENCE SOUTH 83o03'53'' WEST, 25.00 FEET ALONG THE NORTHERLY RIGHT-OF-WAY OF RANCHO CALIFORNIA ROAD; THENCE LEAVING SAID RIGHT-OF-WAY, NORTH 06o56'07'' WEST, 26.92 FEET; THENCE NORTH 83o03'53'' EAST, 50.14 FEET TO A POINT ON SAID CURVE THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00020'45'', AN ARC LENGTH OF 5.44 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 2,109.98 SQUARE FEET OR .0484 ACRES MORE OR LESS. COMBINED AREA FOR PARCEL A AND PARCEL B: 3,171.67 SQUARE FEET. TBE DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED "EXHIBIT B-I" AND THEREBY BERqG MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: RONAI.D J. PARKS DEPUTY DIRECTOR OF PUBLIC WORKS REGISTERED CIVIL ENGINEER NO. 19744 EXPIRES 9-30-05 EXHIBIT "B 1" SC~L~ m F~ 1" = 100' L1 PAR. "B" -- ALIFORN/A ROAD UNE TABLE CURVE TABLE NO. DIRECTION DIST~CE NO. DELTA RN)IUS I.DIGIIJ L1 S 89'46'2T' E i20.07' Cl 00'37'17" 533.00' 5.78' 1_2 S 54'42'54" W 20.00' C2 i09'18'31" !611.00' 99.2T' 1.3 S 06'56'0T' E !26.92' C3 10'42'40" 588.94' 110.1( L4 N 8YOY5Y' E 50.14' C4 00'20'45" ;900.00' 5.44' 1.5 N 42'01'3Y' E 132.75' C5 05'00'00" 611.00' 53.32' L6 N 8YOY53" £ i25.00' C6 )3'09'3T' 900.00' 49.64-' C7 22'44'58" 611.00' 242.6C TOTAL AREA = 2lOg.g8 ~ .0484 ACRES, uORE OR fill .0214 ~ ~ I.P.O.B. P~CE/ ^ '.O.B. PARCEL B P.O.B. I-1/2" BRASS DISC STA~IPEO LS. 3163 FLUSH PER P.M. 125/1-6 WILklA M. MASSIE ,:31305 CANTERBURY COURT TEMECULA, CA 92591 {:909) 695-2483 CITY OF TEMECULA 45200 BUSINESS PARK DR. TEMECULA. CA 92590 (909) 694,-6411 CITY OF TEMECULA EXHIBIT FOR: TEMPORARY CONSTRUCTION EASEMENT 43445 BUSINESS PARK DRIVE O30 O4O ~3dVl ~ 1~ ,00'~ 20+ SEE ECR'