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HomeMy WebLinkAbout052698 CC Agendaln 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 I28 CFR 35.102.36.104 ADA Title II] ARFNDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MAY 26, 1998 - 7:00 PM 5:30 PM - Closed Session of the City Council pursuant to Government Code Sections: 1. Conference with real property negotiator pursuant to Government Code Section 549'56.8 Concerning the leasing of real property located at 28497, 28485, 28559, and 28565 Puj01 S'~reet. · The negotiating parties are the City of Tamecula and Affirmed Housing Group. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. 2.' Conference with City Attorney and legal counsel pursuant to Government Code Section.' 549'56.9(a} with respect to two matters of existing litigation involving the City and or the Aganc¥~. The following cases will be discussed: Strachota v. City of Ternecula and Pratt v.. City of TemeCule, .. 3. Conference with' real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at Front Street near 79 South (APN '922-120- 010)'. The negotiating parties are the City of Temecula and Redevelopment Agency of the City Of Temecula and Quald Harley Davidson. Under negotiation ere the price and terms of payment of ~he real property interests proposed to be acquired. 4. Conference with real property negotiator pursuant to Government Code Section 54956.9 conc.eming the acquisition of real property located at the northeast corner of La Paz'and Highway 79 South {APN 922-19-025). The negotiating parties are the City of Temscula and County of Riverside and 'Moremarcos. Under negotiation are the price and terms of payment of the real properS' interests proposed to be acquired. 5; :.COnference with real property pursuant to Government Code Section 54956.8 concerning the acquisition of real property located on · portion of Palm Plaza Shopping Center on westside of Ynez Road,. south of Winchester Road. The negotiating parties are the City of Temecula and KR Palm Plaza, Inc. Under negotiation ere the price and terms of payment of the real property interests proposed to be acquired. R:\Agenda\052698 I 5:30 PM - Closed Session of the City Council pursuant to Government Code Sections: 6. Conference with City Attorney end legal Counsel pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to 'each matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts end circumstances. 7. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of interest in real property located northwesterly of Winchester Road and Margarita Road (approximately 537 acres). The negotiating parties are the City of Temecula, Winchester Hills I, LLC, and Lannar Homes, Inc. Under negotiation are the price and terms of payment.Of the real property interests proposed to be acquired. At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM. Next in Order: Ordinance: No. 98-10 Resolution: No. 98-4? CALL TO ORDER: Mayor Ron Roberts presiding Prelude Music: Daniel Stoermer Invocation: Pastor Lyon of Christ the Vine Flag Salute: Councilman Lindemans ROLL CALL: Comerchero, Ford, Lindemans, Stone, Roberts PRFSI=NTATIONS/ PROC! AMATIONS Presentation by Max Gilliss regarding the Pala Road Bridge Project Presentation by Colm Macken, Vice President of Forest City Development regarding Mall Status Update PUBIIC COMM!:NTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink 'Request to Speak' form should be filled out and filed with the City Clerk. R:\Agenda\052698 2 When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. CITY COUNCI! R!:PORTS 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. CONS;NT CA! ;NnAR 3 NOTIC; TO THI; PUBIIC All matters listed under Consent CalendAr are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. Standard Ordinance Ado0rion Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Apl~roval of Minutes RECOMMENDATION: 2.1 Approve the minutes of April 28, 1998; 2.2 Approve the minutes of May 12, 1998. Resolution AI;)l~roving list of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A R:\Agenda\052698 3 Award of Professional Services Agreement for Weed Abatement Services 7 RECOMMENDATION: 4.1 Approve a Professional Services Agreement for weed abatement services with Fire Prevention Services, Inc. Coml;)letion and Acceptance of the Installation of Traffic Signal Interconnect Phase II - Project No. PW95-16 RECOMMENDATION: 5.1 Accept the installation of the Traffic Signal Interconnect Phase II Project - Project No. PW95-16; 5.2 File Notice of Completion, release the Performance Bond, and accept a one-year (1) Maintenance Bond in the amount of 10% of the contract; 5.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. Partial Closure of Streets for Bike Race on May 31. 1998 (Business Park Drive and Single Oak Drive) RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING PARTIAL STREET CLOSURES OF BUSINESS PARK DRIVE AND SINGLE OAK DRIVE FOR THE TEMECULA CYCLING CLASSIC STAGE RACE ON MAY 31, 1998, AND AUTHORIZING THE CITY ENGINEER TO ISSUE SPECIAL EVENT PERMIT FOR THIS EVENT Contract Insl;)ection Services for Building and Safety RECOMMENDATION: 7.1 Approve an appropriation of $12,800.00 to Account Number 001-162-999-5250 "Other Outside Services;" 7.2 Approve a First Amendment to an existing Agreement for Consultant Services with J. A. S. Pacific Consulting Services, Inc. in the amount of $12,800.00 to provide building inspection services to the Building and Safety Department. R:\Agenda\052698 4 8 9 Pavement Management Program Ul~date Rel~ort by Berryman & Henigar - Project No. PW96-13 RECOMMENDATION: 8.1 Receive and file the Pavement Management Program Update Report by Berryman & Henigar - Project No. PW96-13. Offer of Dedication for Future Trail - Margarita Road at Pauba Road RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE OFFER OF DEDICATION FOR A FUTURE TRAIL EASEMENT ADJACENT TO PAUBA ROAD 9.2 Authorize the City Clerk to record said offer of dedication. 10 Amendment to Sales T~x Reimbursement Agreement for CFD 88-1 ~ relating to Temecula Mall Prol;)erty RECOMMENDATION: 10.1 Approve a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO SALES TAX REIMBURSEMENT AGREEMENT FOR COMMUNITY FACILITIES DISTRICT NO. 88-12 RELATING TO THE TEMECULA MALL PROPERTY RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY AND WINCHESTER HILLS FINANCING AUTHORITY R:\Agenda\052698 5 TI=MII=CU! a, C~MMIINITY ~!=RVICF-~ nI.~TRICT MF:IFTIN~ Next in Order: Ordinance: No. CS~ 98-01 Resolution: No. CSD 98-08 CALL TO ORDER: President Jeffrey E. Stone ROLL CALL: DIRECTORS: Comerchero, Ford, Lindemans, Roberts, Stone PUB; IC COMMIFNT: 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 desire to speak to the Board of Directors on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Board of Directors gets to 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. CONS!=NT CA! !:NDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of May 12, 1998. 2 Service ! evel R A91;)rol~riation RECOMMENDATION: 2.1 Appropriate $4,500 to road maintenance in Service Level R from fund balance. R:\Agenda\052698 6 3 Tract No. :)3583 - Fstablishing Service ! evel B Rates and Charges (located southerly of North General Kearny Road at Calle Madero) RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. CSD 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING TIlE FILING OF A REPORT WITH RESPECT TO ESTABLISHING SERVICE LEVEL B RATES AND CHARGES FOR TRACT NO. 23583 BEGINNING FISCAL YEAR 1999- 00 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH D;PARTMI::NTA! RI:PORT DIRI:CTOR OF COMMUNITY S!=RVICFS RFPORT GIFNIFRA! MANAC~FR'S RFPORT BOARD OF DIRI:CTORS' R!:PORTS ADJOURNMFNT Next regular meeting: June 16, 1998, scheduled to follow the City Council Consent Calendar, Council Chambers, 43200 Business Park Drive, Temecula, California. City R:\Agenda\052698 7 Next in Order: Ordinance: No. RDA 98-01 Resolution: No. RDA 98-09 CALL TO ORDER: Chairperson Karel Lindemans presiding ROLL CALL: AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone, Lindemans PUBLIC COMMFNT: 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 desire to speak to the Agency on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSFNT CA! FNnAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of May 12, 1998. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING RECONVENE CITY COUNCIL MEETING - Mayor Ron Roberts Any person may submit written comments to the City Council/Redevelopment Agency before · public hearing or may appear end be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. R:\Agenda\052698 8 2 Disposition and Development Agreement and Ground Lease for the North P~ol Redevelopment Project RECOMMENDATION: 2.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED 'DISPOSITION AND DEVELOPMENT AGREEMENT' BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND TEMECULA GARDENS, L.P., DATES AS OF MAY 26, 1998, AND THAT CERTAIN GROUND LEASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND TEMECULA GARDENS, L.P., DATES AS OF MAY 26, 1998, FOR THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN REDEVELOPMENT PROJECT NO. 1--1988 2.2 That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED 'DISPOSITION AND DEVELOPMENT AGREEMENT" AND THAT CERTAIN GROUND LEASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND TEMECULA GARDENS, L.P., DATES AS OF MAY 26, 1998, FOR THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN REDEVELOPMENT PROJECT NO. 1--1988 RECESS CITY COUNCIL MEETING - Mayor Roberts DI:PARTMr:NTA! Rr:PORT !=XECUTIVF DIR!=CTOR'S R!=PORT An!=NCY M!=Mm=R-~' REPORTS ADJOURNM!=NT Next regular meeting: June 16, 1998, scheduled to follow the Community Services District Meeting, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\052698 9 WINCHI=STI=R HIII ~ FINANCIN~ AUTHORITY Next in Order: Ordinance: No. WHFA 98-0~ Resolution: No. WHFA 98-11 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL: AUTHORITY MEMBERS: Ford, Lindemans, Roberts, Stone, Comerchero PURl IC COMMIFNT: A total of 15 minutes is provided so members of the public may address the Winchester Hills Financing Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Agency on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSIFNT CA! ;:NDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of May 12, 1998. FX!=CUTIVF DIRFCTOR'S RFPORT AUTHORITY M!=MB!=RS' R!=PORTS ADJOURNM;NT Adjourn to the next regular meeting: June 16, 1998, scheduled to follow the Redevelopment Agency meeting, City Council Chambers, 43200 Business Park Drive, Temecula, California R:\Agenda\052698 10 RECONVENE TEMECULA CITY COUNCIL PUB! IC H!=a, RIN~S Any person may submit written comments to the City Council before a public hearing or may appear end be heard in support of or in opposition to the approval of the project(s) at the lime of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. 11 Adoption of a Comprehensive Regulatory Scheme for signs and other advertising devices and making related changes to the Development Code RECOMMENDATION: 1 1.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 98- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING CHAPTER 17.28 OF THE DEVELOPMENT CODE, A COMPREHENSIVE REGULATORY SCHEME FOR SIGNS AND OTHER ADVERTISING DEVICES, AND MAKING RELATED CHANGES TO THE DEVELOPMENT CODE COUNCIl BUSIN!:SS 12 Annual Adjustment of Development Impact Fees RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONFIRMING THE ADJUSTMENT OF DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 1998-99, TO BE EFFECTIVE JULY 1, 1998, PURSUANT TO CHAPTER 15.06 OF THE TEMECULA MUNICIPAL CODE AND RESOLUTIONS 97-94 AND 98-30 R:\Agenda\052698 11 13 Fiscal Year 1998/99 Funding Requests for the Temecula Valley Chamber of Commerce. Temecula Valley Film Council. and Inland Fmpire Fconomic Partnership RECOMMENDATION: 13.1 Review and provide direction regarding the funding requests for Temecula Valley Chamber of Commerce, Temecula Valley Film Council, and Inland Empire Economic Partnership. 14 Traffic Signal Update RECOMMENDATION: 14.1 Oral Report presented by Public Works Director Kicak. 15 High-speed Rail Video Tape Presentation RECOMMENDATION: 15.1 Video Presentation. D!=PARTMIFNTA! RI=PORTS CITY MANAC, lrR'S R!=PORT CITY ATTORNFY'S RIFPORT ADJOURNMFNT ClP Workshop: June 11, 1998, 6:00 P.M., Main Conference Room, 43200 Business Park Drive, Temecula, California. Next regular meeting: June 16, 1998, 7:00 P.M., City Council Chambers, 43200 Business Park Drive Temecula, California. R:\Agenda\052698 12 ITEM I ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL APRIL 28, 1998 'CLOSED SESSION A meeting of the City of Temecula City Council was called to order at 5:30 P.M. It was duly moved and seconded to adjourn to Closed Session, pursuant to Government Code Sections: 1. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at the east side of Pujol Street, south of Sixth Street (APN 922-053-008). The negotiating parties are the Redevelopment Agency of the City of Temecula and Otto Family Trust. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. 2. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at APN 909-370-002 (32.32 acres) Temecula, California. The negotiating parties are the Redevelopment Agency of the City of Temecula and Westside Business Properties/Bill J. Dendy. Under negotiation are the price and terms of payment of the real property interests proposed to be conveyed. 3. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the leasing of real property located at 28497, 28485, 28559, and 28565 Pujol Street. The negotiating parties are the City of Temecula and Affirmed Housing Group. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. The Temecula City Council reconvened at 7:02 P.M. in the City Council Chambers, 43200 Business Park Drive, Temecula, to consider regularly scheduled City Council business. Mayor Roberts presiding. ROLL CALL PRESENT: Councilmembers: Comerchero, Ford, Lindemans, Stone, and Roberts. ABSENT: Councilmember: None. PRELUDE MUSIC The prelude and intermission music was provided by Auburn Golding. minutes\042898 1 Temecula City Council 042898 INVOCATION The invocation was given by Pastor Linden Curtis, New Convenant Fellowship. PLEDGE OF ALLEGIANCE The audience was led in the Flag salute by Councilman Comerchero. PRESENTATIONS/PROCLAMATIONS The City Council recognized the following events: Water Awareness Month and Architecture Week 1998. The following students and adults from Vail Ranch Middle School were presented $100 scholarships for covering expenses for the upcoming trip to Sister City Voorburg, Holland: STUDENTS Lindsay Heylmun Jennie Grochowsky Jessica Frank Janele Quinlan Christina McMahon Erik McCallister Candace Mann Sean Collins Heather Halsey Amy Lucero DeBran Guidera Patrick Davis Elizabeth Huelson Karis Rower Eric Barclay Aaron Lewis Sarah Tankersley Alicia Joe Nathan Green ADULTS Judy Kendall- Phill Kendall Mark Jones Carol Jon Temecula City Council 042898 CITY COUNCIL REPORTS A. Councilman Comerchero commended the Balloon and Wine Festival Board and volunteers for their efforts associated with another successful event. B. Mayor Pro Tem Ford referenced a letter written to State and Assembly representatives addressing various bills with regard to potential funding for flood control as well as habitat and recreation. C. In response to Councilman Lindemans, City Attorney Thorson provided clarification with regard to RV parking, noting that if a particular development were governed by CC&Rs, it is not within the City's purview to enforce these CC&Rs. If CC&Rs exist but there is no Homeowners' Association to enforce these CC&Rs, it is not within the City's purview to enforce these CC&Rs. D. Mayor Roberts commented on a successful trip to Sacramento where he had testified in support of SB 1851. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2. Approval of Minutes 2.1 Approve the minutes of April 14, 1998. 3. Resolution Approving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 98-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND .DEMANDS AS SET FORTH IN EXHIBIT A Temecula City Council 042898 Award a Professional Services Agreement for the regular maintenance of the City's Television Broadcast System 4.1 Award a Professional Services Agreement in the amount not to exceed $12,000 to Secure Business Communications of Claremont, California, to perform regular inspections, calibrations, equipment checks, and maintenance of the Television Broadcast system located at City Hall. Award of Contract for Toshiba Notebook Computers 5.1 Award a contract for six Toshiba Satellite Pro 470CDT Notebook Computers and miscellaneous supporting peripherals to Valley Micro Computers, Temecula, California, in the amount of $26,657.51. Appeal of 1997-98 Temecula Parks/Street Lighting Tax: Temecula Creek Inn Golf Course - Request for Continuance 6.1 Approve the appellant's request for continuance of the appeal regarding the Temecula Creek Inn Golf Course to June 23, 1998. Mitigation Funds for Multi-Species Habitat Conservation from the Proposed El Sobrante Landfill Expansion 7.1 Adopt a resolution entitled: RESOLUTION NO. 98-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE USE OF FUNDS GENERATED FROM THE PROPOSED EXPANSION OF THE EL SOBRANTE LANDFILL FOR MULTI-SPECIES HABITAT CONSERVATION Accept Public Improvements in Parcel Map No, 24085-F {located northwesterly of the intersection of Diaz Road and Zevo Drive [Avenida de Ventas]) 8.1 Accept the public improvements in Parcel Map No. 24085-F; 8.2 Authorize initiation of the one-year warranty period, release of the Faithful Performance and Subdivision Monumentation securities, and converting of the Labor and-Materials security on file to combine for both Labor and Materials and Faithful Performance Warranty purposes; 8.3 Direct the City Clerk to so advise the developer and surety. 4 Temecula City Council 9. 10. 11. (Pulled 12. 0~8~ Accept Public Improvements in Parcel Map No. 2408§-2 (located northwesterly of the intersection of Diaz Road and 7evo Road [Avenida de Ventas]) 9.1 9.2 Accept the public improvements in Parcel Map No. 24085-2; Authorize initiation of the one-year warranty period, release of the Faithful Performance and Subdivision Monumentation Securities, and converting of the Labor and Materials security on file to combine for both Labor and Materials and Faithful Performance Warranty purposes; 9.3 Direct the City Clerk to so advise the developer and surety. Release Subdivision Monument Security in Parcel Map No. 24085-1 (located northwesterly of the intersection of Diaz Road and Zevo Drive [Avenida de Ventas]) 10.1 Authorize release of the subdivision monument security in Parcel Map No. 24085-1; 10.2 Direct the City Clerk to so advise the developer and surety. Amendment No. 1 to Professional Service Agreement with Albert A, Webb Associates for the Rancho California/I-1 § Interchange - Project No. PW95-12 11.1 Approve Amendment No. 1 to Professional Services Agreement between the City of Temecula and Albert A. Webb Associates to provide additional professional inspection services for the Rancho California Road/I-15 Interchange, Project No. PW95-1 2, in an amount not to exceed $58,700.00. 11.2 Authorize the Mayor to sign Amendment No. 1. and separately discussed; see page 9.) Acceptance of Public Streets into the City-Maintained Street System (within Parcel Map Nos. 24085-1, 24085-2, and 24085-F - westerly of intersection of Winchester Road at Diaz Road) 12.1 Adopt a resolution entitled: RESOLUTION NO. 98-33 _A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN PARCEL MAP NOS. 24085-1, 24085-2, AND 24085-F Temecula City Council 042898 13. Acceleration of the Construction of Rancho California Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvements - Project No. 13.1 Approve the Change Order for Reduction in Working Days from 350 to 270 for the construction of Rancho California Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvements - Project No. PW95-12 - to Riverside Construction Company for the amount of $273,700.00 and authorize the City Manager to sign the Change Order; 13.2 Appropriate $300,000.00 from Capital Reserves and increase the contingency for this contract by an amount of $300,000.00 to a total of $690,777.60. (Pulled and separately discussed; see pages 9-10.) 14. Solicitation of Construction Bids and Approval of the Plans and Specifications for the Flashing Beacons at Various Locations - Project No. PW96-18 14.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit public construction bids for Flashing Beacons at various locations - Project No. PW96-18. 15. Award of Construction Contract for Installation of a Traffic Signal at the Intersection of Margarita Road and Santiago Road - Project No. PW97-24 15.1 Approve the Construction Plans and Specifications for the installation of a traffic signal at the intersection of Margarita Road and Santiago Road - Project No. PW97-24; 15.2 Award a construction contract for installation of a traffic signal at this intersection to DBX, Inc. in the amount of $98,484.00 and authorize the Mayor to execute the contract; 15.3 Authorize the City Manager to approve change orders not to exceed the contingency amount of $9,848.40 which is equal to 10% of the contract amount. 16. Professional Biological Services for Pala Road Bridge Project - Project No. PW97-15 16.1 Approve the Professional Services Agreement for Biological Services with KEA Environmental, Inc. for the Pala Road Bridge. Project - Project No. PW97-15 in an amount not to exceed $87,900.00 and authorize the Mayor to sign the agreement. Temecula Cit~ Council 17. All-Way Stol~ - Jedediah Smith Road at Ynez Road/De Portola Road 17.1 Adopt a resolution entitled: RESOLUTION NO. 98-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN "ALL-WAY STOP" INTERSECTION AT JEDEDIAH SMITH ROAD AND YNEZ ROAD/DE PORTOLA ROAD (Pulled and separately discussed; see page 10.) 18. Support of the Pechanga Indian's Right to Governmental Jurisdiction 18.1 Adopt a resolution entitled: RESOLUTION NO. 98-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE PECHANGA INDIAN'S RIGHT TO GOVERNMENTAL JURISDICTION OVER THEIR LAND AND PEOPLE AND TO ENGAGE IN THE FREE ENTERPRISE SYSTEM (Pulled and separately discussed; see page 11 ,) 19. Support of Assembly Bill 2194 (Air Pollution: Clean Fuels Technologies) 19,1 Adopt a resolution entitled: RESOLUTION NO, 98-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING AB 2194 TO PROMOTE CLEAN FUEL TECHNOLOGIES IN AN EFFORT TO REDUCE AIR POLLUTION 19.2 042898 Authorize the Mayor to execute a letter of support to the Honorable Kevin Murray, Chairman of the Assembly Committee on Transportation. Temecula City Council 042898 20. City Council Acceptance of the Applicant's Request to With;:lraw the RogersDale Entertainment Project and Repeal Resolutions 97-129 and 98-03 for the Land Use and Subsequent Phase Environmental Approvals for Planning Applications PA97-0298 and PA97-0392 20.1 Adopt a resolution entitled: RESOLUTION NO. 98-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE APPLICANT'S REQUEST TO WITHDRAW FROM THE ROGERSDALE TEMECULA PROJECT AND REPEALING RESOLUTIONS 97-129 AND 98-03 FOR THE LAND USE AND ENVIRONMENTAL APPROVALS FOR PLANNING APPLICATIONS PA97-0298 AND PA97-0392 (Pulled and separately discussed; see pages 11-12. Councilman Stone abstained with regard to this Item.} 21. Second Amendment to Employment Agreement with City Manager 21.1 Approve the "Second Amendment to the Employment Agreement" between the City of Temecula and City Manager Ronald Bradley and authorize the Mayor to sign the Second Amendment; 21.2 Appropriate $7,000 to the City Manager Department "Salaries and Wages" line item. 22. Second Reading of Ordinance No. 98-05 22.1 Adopt an ordinance entitled: ORDINANCE NO. 98-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 15.060.020 OF THE TEMECULA MUNICIPAL CODE REGARDING TIME OF PAYMENT OF DEVELOPMENT IMPACT FEES FOR MOBILE HOME PARKS AND ADDING SECTION 15.06.050 A.3 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO DEVELOPMENT IMPACT FEE REDUCTIONS FOR PROJECTS PROVIDING DEMONSTRABLE FINANCIAL BENEFIT TO THE CITY (Pulled and separately discussed; see pages 12-13.) Temecula CiN Council 042898 MOTION: Councilman Lindemans moved to approve Consent Calendar Item Nos. 1-10, 12, 14, 15, 16, 18, and 21 (Item Nos. 11, 13, 17, 18, 20, and 22 were pulled for separate discussion). The motion was seconded by Councilman Stone and voice vote reflected unanimous approval. The following Consent Calendar Items were separately discussed: 11. Amendment No. I to Professional Service Agreement with Albert A. Webb Associates for the Rancho California/I-1 5 Interchange - Project No. PW95-1 2 11.1 Approve Amendment No. 1 to Professional Services Agreement between the City of Temecula and Albert A. Webb Associates to provide additional professional inspection services for the Rancho California Road/I-1 5 Interchange, Project No. PW95-12, in an amount not to exceed $58,700.00. 11.2 Authorize the Mayor to sign Amendment No. 1. Public Works Director Kicak presented the staff report (of record), advising that the original estimate has been reduced from $58,700.00 to $48,300.00 and that the project should be completed within 80 days, assuming no inclement weather. In response to Mayor Roberts' concern with regard to overtime hours, Mr. Franz advised that the three field inspectors involved with this project are not full-time employees and, therefore, any one of the three inspectors could cover the additional time. He noted that the proposed dollar amount was based on assumptions providing the worst case scenario and that the ramp work will be completed in conjunction with the bridge work. If this expenditure were to expedite the off-ramp work, Councilman Stone noted that he would have been in support of the project. Concurring with the City Council's interest in public safety, Mr. Stone noted that there are many other areas throughout the City which are in need of improvements which would as well add benefit in the way of public safety; therefore, he relayed his opposition to the project. MOTION: Councilman Comerchero moved to concur with the staff recommendation, amending the dollar amount not to exceed $48,300.00. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval with the exception of Councilman Stone who voted no. 13. Acceleration of the Construction of Rancho California Road at Interstate Route 15. Bridge Widening and Northbound Ramp Improvements - Project No. 13.1 Approve the Change Order for Reduction in Working Days from 350 to 270 for the construction of Rancho California Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvements - Project No. PW95-12 - to Riverside Construction Company for the amount of $273,700.00 and authorize the City Manager to sign the Change Order; Temecula City Council 042898 13.2 Appropriate $300,000.00 from Capital Reserves and increase the contingency for this contract by an amount of $300,000.00 to a total of $690,777.60. As previously stated, Councilman Stone reiterated his opposition to this project, noting that the proposed monies could be utilized to provide new infrastructure throughout the City. Initially concurring with Councilman Stone's concern, Councilman Comerchero noted that upon further review, reconsideration, and in light of the potential safety issues, he relayed his support of the recommendation Considering the need for additional stacking distance, Mayor Roberts relayed his support of the project. In response to Mayor Roberts' concern, Public Works Director Kicak advised that in conjunction with the proposed project one additional lane will be added from the southbound off-ramp on Rancho California Road. In addition, Mr. Kicak apprised the Councilmembers of a widening project on Ynez Road which will be completed in conjunction with the Duck Pond Improvements and Park and noted that pedestrian crossings and their potential conflict with various turning movements will be reviewed by the Traffic and Safety Commission and will be forwarded to the City Council for further review. With regard to the timing of the traffic signals, Mr. Kicak advised that the consultant is in the process of coordinating signal timing with Caltrans and that this process should be completed within a month. MOTION: Councilman Lindemans moved to concur with the staff recommendation. The motion was seconded by Mayor Pro Tern Ford and voice vote reflected unanimous approval with the exception of Councilman Stone who voted no. 17. All-Way Stop - Jedediah Smith Road at Ynez Road/De Portola Road 17.1 Adopt a resolution entitled: RESOLUTION NO. 98-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN "ALL-WAY STOP" INTERSECTION AT JEDEDIAH SMITH ROAD AND YNEZ ROAD/DE PORTOLA ROAD Representing the Los Ranchitos Homeowners' Association, Mr. Ernest Curtsinger, 29083 Ynez Road, commended the City Council on the proposed action. In response to Mr. Curtsinger's request, Mayor Roberts suggested that Mr. Curtsinger address the Traffic and Safety Commission with regard to other safety issues the Association would like to have addressed in particular the speed on Ynez Road. MOTION: Councilman Lindemans moved to adopt Resolution No. 98-34. The motion was seconded by Mayor Pro Tem Ford and voice vote reflected unanimous approval. lO Temecula Cib/Council 042898 18. Support of the Pechanga Indian's Right to Governmental Jurisdiction 18.1 Adopt a resolution entitled: RESOLUTION NO. 98-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE PECHANGA INDIAN'S RIGHT TO GOVERNMENTAL JURISDICTION OVER THEIR LAND AND PEOPLE AND TO ENGAGE IN THE FREE ENTERPRISE SYSTEM Mr. Wayne Hall, 42131 Agena Street, relayed his support of the recommended resolution. MOTION: Councilman Stone moved to adopt Resolution No. 98-35. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. 20. City Council Acceptance of the Applicant's Request to Withdraw the RogersDale Entertainment Project and Repeal Resolutions 97-129 and 98-03 for the Land Use and Subsequent Phase Environmental Approvals for Planning Applications PA97-0298 and PA97-0392 20.1 Adopt a resolution entitled: RESOLUTION NO. 98-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE APPLICANT'S REQUEST TO WITHDRAW FROM THE ROGERSDALE TEMECULA PROJECT AND REPEALING RESOLUTIONS 97- 129 AND 98-03 FOR THE LAND USE AND ENVIRONMENTAL APPROVALS FOR PLANNING APPLICATIONS PA97-0298 AND PA97- 0392 City Attorney Thorson presented the staff report (of record), stating the following: that the withdrawal will not affect the approved 1995 Environmental Impact Report; that the withdrawal will not affect the Westside Specific Plan; that the withdrawal will not affect the Development Agreement the City entered into, in 1995, with Mr. John Firestone; that this withdrawal will only affect the specific design approvals for the RogersDale project; that any future project on this particular site will require Planning Commission and City Council approvals as well as environmental review. For Councilman Lindemans, City Attorney Thorson advised that Mr. Pratt has requested as a condition of voluntarily dismissing the lawsuit, that the approval of the 1995 Environmental 11 Temecula City Council 042898 Impact Report (EIR) be rescinded and that Mr. Pratt be reimbursed $8,500 for legal fees. In response to Mr. Pratt's request, Mr. Thorson noted that because Mr. Pratt has not won the lawsuit and because he was in pro per, under law, he would not be entitled to the reimbursement of legal fees. In response to another request made by Mr. Pratt, Mr. Thorson advised that because the 1 995 Environmental Impact Report in connection with the Westside Specific Plan, Old Town Entertainment Project, and Old Town Public Improvements has been certified, approved, and litigation with regard to it has been terminated, the request to rescind this EIR as well as the Development Agreement with Mr. Firestone, and the original Old Town Entertainment Project cannot and should not be honored. Representing Mr. John Firestone, Mr. Howard Ombahl relayed Mr. Firestone's objection to the rescinding action and, therefore, requested that the current litigation with regard to this development proceed. Because any future developments will require an amendment to the original EIR in terms of traffic and noise impacts, Mr. Ombahl noted that any future project with regard to this particular site will result in more litigation from Mr. Pratt. In response to Mr. Ombahl, City Attorney Thorson advised that any future project other than the RogersDale project will require Planning Commission and City Council approvals as well as environmental review and that the current litigation is separate from any subsequent use of that property. MOTION: Councilman Comerchero moved to adopt Resolution No. 98-37. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval with the exception of Councilman Stone who abstained. 22. Second Reading of Ordinance No. 98-05 22.1 Adopt an ordinance entitled: ORDINANCE NO. 98-O5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 15.060.020 OF THE TEMECULA MUNICIPAL CODE REGARDING TIME OF PAYMENT OF DEVELOPMENT IMPACT FEES FOR MOBILE HOME PARKS AND ADDING SECTION 15.06.050 A.3 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO DEVELOPMENT IMPACT FEE REDUCTIONS FOR PROJECTS PROVIDING DEMONSTRABLE FINANCIAL BENEFIT TO THE CITY For Ms. Adrian McGregor, 34555 Madero del Playa, Temecula, City Attorney Thorson provided clarification with regard to Section 15.06.050 A.3, advising that this particular Section pertains to the time at which all development projects with mobile homes will pay the development impact fee.' 12 Temecula City Council 042898 Noting that taxpayers should not be responsible for paying the dollar difference, Ms. McGregor stated that all developers should be required to pay an equal dollar amount. In light of the existing market competition, Councilman Stone noted that incentives are offered to businesses in order to bring jobs to the City of Temecula as well as the financial benefits and the level of services which ultimately benefit of the citizens. MOTION: Councilman Stone moved to adopt Ordinance No. 98-05. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. At this time, City Attorney Thorson reported on Closed Session Items and noted that all Items considered were real property items, stating the following: Item Nos. 1-3, no reportable action -- City Council gave staff direction with respect to those matters; Item No. 4, the City Council established just compensation and authorized the City Manager to make an offer for the acquisition of that property (Guidant). At 7:57 P.M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Winchester Hills Financing Authority. At 8:28 P.M., the City Council reconvened to discuss regularly scheduled Council Business. COUNCIL BUSINESS 23. Urgency Ordinance and Regular Ordinance Amending Section 8.16.010 and 8.16.020 of the Temecula Municipal Code Allowing Weed Abatement on Non-Vacant Real Property 23.1 Adopt an Urgency Ordinance entitled: ORDINANCE NO. 98-06 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 8.16.010 AND 8.16.020 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE DUTY TO ABATE HAZARDOUS VEGETATION ON PRIVATE PROPERTY WITHIN THE CITY OF TEMECULA AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO 13 Temecula City Council 042898 23.2 Introduce and read by title only an Ordinance entitled: ORDINANCE NO. 98-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 8.16.010 AND 8.16.020 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE DUTY TO ABATE HAZARDOUS VEGETATION ON PRIVATE PROPERTY WITHIN THE CITY OF TEMECULA Chief Building Official Elmo presented the staff report (as per agenda material). MOTION: Councilman Lindemans moved to adopt Urgency Ordinance No. 98-06. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. MOTION: Councilman Lindemans moved to introduce and read by title only Ordinance No. 98- 07. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. 24. Proposed Annexation of Redhawk and Vail Ranch Communities 24.1 Review Staff's analysis of the proposed annexation of the Redhawk and Vail Ranch communities and provide direction to Staff as to whether or not to proceed with this annexation. Mayor Pro Tem Ford noted that he would be abstaining with regard to this issue. City Manager Bradley presented an overview of the staff report, highlighting the results of the analysis for the proposed annexation. Although the financial impact model will be refined because of the property tax calculation used by the master property tax resolution, Mr. Bradley noted that the financial impact would not be significant and that the impact would not affect staff's analysis. Community Development Director Thornhill proceeded with a detailed overview of staff's analysis, highlighting fiscal impact and change in assessment levels; noted that given the most conservative growth projection, the proposed annexation would still have a positive net financial impact on the City; and by way of overheads, shared upcoming date schedule with regard to the annexation. Providing clarification with regard to the voting process, City Manager Bradley clarified that LAFCO will vote on the annexation twice and that atits final vote, LAFCO will have the results of the citizen election. 14 Temecula City Council 042898 Community Services Director Nelson reviewed staff's analysis and the affects of the rate and charge process and advised that the MuniFinancial Report recommended that slope maintenance costs be limited to improved residential homes and not vacant land, noting that the County currently assesses vacant land for slope maintenance costs. It was noted that staff would recommend to initiate the annexation process, clarifying that this action would only initiate the annexation and analysis process. In the event the annexation would not be approved and in light of ongoing development, Community Services Director Nelson, for Councilman Comerchero, advised that County Service Area 143 would have to consider an increase in fees in order to pay for slope maintenance COSTS. Referencing a 1995 Annexation Workshop, Ms. Adrian McGregor, 34555 Madera del Playa, recalled, to her recollection, the annual costs and impacts the proposed annexation would have on the City. For Ms. McGregor, Community Services Director Thornhill noted that the fiscal analysis with regard to the proposed annexation is available to the public for review. Ms. Jane Bouchard, Legislative Assistant to Supervisor Bob Buster, relayed Supervisor Buster's willingness to assist the City and its residents with the annexation process. Mr. Mark Bailey, 44763 Calle Banuelos, relayed his support of the annexation but expressed some concern with regard to the potential increase in traffic; commented on the need for an additional Fire Station; and requested that at least one of the upcoming Workshops be scheduled on a Saturday to accommodate those individuals who are working. In response to Mr. Bailey, Fire Chief Brown advised that the placement of a Fire Station at the southeast corner of the City is being discussed. With regard to expanded fire needs, City Manager Bradley commented on the recently opened Fire Station at Pechanga, noting that the City will be entering into an Agreement with Pechanga in order to further expand fire service needs and that an additional Fire Station would be necessary in the future as part of the Fire Service Planning as a result of ongoing development in the southern part of the City. Mayor Roberts referenced the joint agreement with the County with regard to the French Valley Fire Station, which will be opening soon. Community Development Director Thornhill advised that as part of the proposed annexation, a Plan of Services will be prepared, outlining new staff personnel, equipment, etc. Community Services Director Nelson, for.Councilman Stone, advised that the proposed annexed area includes 10 parks. In response to Mr. Frank Balogh, 45532 Via Jaca, resident in Redhawk, who had requested information with regard associated costs as it relates to the proposed annexation and the 15 Temecula City Council 042898 potential fiscal impacts to the residents, Mayor Roberts advised that the upcoming workshops will provide additional information and noted that a copy of the MuniFinancial Report would be available to the public. MOTION: Councilman Stone moved to initiate the annexation process of Redhawk and Vail Ranch. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval with the exception of Mayor Pro Tern Ford who abstained. 25. Adoption of Ordinance Prohibiting Parking of Oversized Vehicles (including buses, trucks. RVs) and Unattached Trailers on City Streets 25.1 Adopt an Urgency Ordinance entitled: ORDINANCE NO. 98-08 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 10.16.042 TO THE TEMECULA MUNICIPAL CODE PROHIBITING THE PARKING OF CERTAIN MOTOR VEHICLES IN EXCESS OF TWENTY FIVE (25) FEET IN LENGTH OR NINETY (90) INCHES IN WIDTH, MOTOR VEHICLES IN EXCESS OF 10,000 POUNDS, CERTAIN COMMERCIAL MOTOR VEHICLES, AND TRAILERS DETACHED FROM A MOTOR VEHICLE FROM PARKING ON CITY STREETS EXCEPT UNDER CERTAIN DEFINED CONDITIONS 25.2 Introduce and read by title only an Ordinance entitled: ORDINANCE NO. 98-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 10.16.042 TO THE TEMECULA MUNICIPAL CODE PROHIBITING THE PARKING OF CERTAIN MOTOR VEHICLES IN EXCESS OF TWENTY FIVE (25) FEET IN LENGTH OR NINETY (90) INCHES IN WIDTH, MOTOR VEHICLES IN EXCESS OF 10,000 POUNDS, CERTAIN COMMERCIAL MOTOR VEHICLES, AND TRAILERS DETACHED FROM A MOTOR VEHICLE FROM PARKING ON CITY STREETS EXCEPT UNDER CERTAIN DEFINED CONDITIONS City Attorney Thorson presented the staff report (as per written material), clarifying that the 72-hour rule applies to all motor vehicles no matter what size. Mayor Roberts clarified, for the audience members, that the proposed ordinances only relate to oversized vehicles parked on City streets not on driveways and/or on private property, noting 16 Temecula City Council 042898 that the Planning Commission will readdress those issues at the May 6, 1998, Planning Commission meeting. Mayor Roberts noted that if a trailer were not detached from its pick-up truck, it would be permitted to park overnight on City streets. Because of the height and width of some of these oversized vehicles, Mr. Ed Sterling, 40456 Chauncey Way, addressed a safety concern as it relates to visibility. Ms. Frances Bunt, 31448 Corte Montiel, echoed Mr. Sterling's concern relative to width and length of these vehicles and suggested that the length be limited to 20' and that the width be limited to 90". Mr. John Lynn, 32237 Placer Belair, encouraged the City Council to address long-term parking on City streets. Mr. George Marshall, 31880 Corte Positas, concurred with limiting the length to 20'; stated that RVs should be stored at RV facilities; recommended that the mechanical breakdown period be reduced to 24 hours; noted that the vehicle and trailer should be considered as one vehicle for the length limitation; and voiced no objection to an overnight loading/unloading period. Mr. Bill Gray, 40414 Yardley Court, echoed the comments with regard to lowering the allowable length to 20' and suggested placing a height restriction on these vehicles. Mr. Dwaine Lewis, 40461 Calle Medusa, encouraged the City to promote an area where these vehicles may park. Echoing his fellow residents' comments, Mr. Deraid Hansen, 30398 Senela Place, suggested that the length be reduced from 25' to 20'. City Attorney Thorson noted that the Vehicle Code would permit height, width, and length limitations, noting that if limitations are imposed, all vehicles would have to comply. Concurring with several comments made by the residents, Councilman Comerchero suggested to reduce the length to 20'. Not wanting to create an ordinance which would prohibit RV owners from utilizing their RVs, Mr. Comerchero relayed his support of a 24-hour loading, unloading, and/or cleaning period for a vehicle of any size. With regard to the mechanical breakdown period, Mr. Comerchero spoke in support of retaining it at 48 hours. Relaying his support of imposing a 20' length limitation, Mayor Pro Tern Ford questioned whether the proposed ordinance would affect overnight truck parking. Mayor Roberts concurred with the 20' length limitation as well as a 90" width limitation; agreed with a 24-hour loading/unloading period; and recommended that the mechanical breakdown period be reduced to 24 hours. Councilman Lindemans echoed the previously noted limitations and suggested imposing an 8' height limitation. 17 Temecula City Council 042898 MOTION: Councilman Lindemans moved to extend the meeting to 10:30 P.M. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval. Councilman Stone expressed concurrence with the 20' length and 8' height limitations and recommended that the mechanical breakdown period be reduced to 24 hours. With regard to the telephone call-in permit, it was noted that City Hall's business hours as well as the Police Department's business hours may pose a problem. In response to this concern, Councilman Stone suggested the issuance of an annual packet which would contain two stickers per month, permitting 24-hour street accessibility. It was noted that parking in non-residential areas could be addressed by stating that the proposed Ordinance would only apply to residential streets and streets adjacent to residential areas and by adding an exemption permitting these larger vehicles to park in a particular area. Councilman Comerchero noted that specific streets should be identified versus leaving it open ended. With regard to visitation periods, it was clarified that the City Council discussed this issue at the last Council meeting and concurred to approve 12 days a year -- 3 days, four times a year, renewable once with a maximum of 6 days at one time but no more than 12 days a year. At this time, City Attorney Thorson briefly reviewed the proposed changes, noting the following: Section 10.16.042 A. 1. - Prohibition of Oversized Vehicles being parked on City Streets -- motor vehicles and motor vehicles with trailer of a length in excess of twenty (20) feet or width in excess of ninety (90) inches or a height in excess of eight (8) feet; Section 10.16.042 B. - Add No 4. -- parked or left standing is allowed by a permit issued by the City pursuant to procedures established by the City Manager provided, however, that no address within the City shall be issued a permit for three (3) days four (4) times per year for a maximum of twelve (12) days per year; Section 10.16.042 B. 3. -- Amended -- Parked or left standing ... period no to Exceed forty eight (48) hours; Section 10.16.042 - Add paragraph C -- as used in this Section "residential streets, highway, or residential public street highway, or right-of-way" means a public. street, highway, or right-of-way which is located within or adjacent a residential zone as defined in Title XVII of the Temecula Municipal Code MOTION: Councilman Stone moved to adopt Ordinance No. 98-08 as amended. The motion was seconded by Mayor Pro Tem Ford and voice vote reflected unanimous approval. 18 Temecula City Council 042898 ORDINANCE NO. 98-08 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 10.16.042 TO THE TEMECULA MUNICIPAL CODE PROHIBITING THE PARKING OF CERTAIN MOTOR VEHICLES IN EXCESS OF TWENTY (20! FEET IN LENGTH OR EIGHT (8) FEET IN HEIGHT OR NINETY (90) INCHES IN WIDTH, MOTOR VEHICLES IN EXCESS OF 10,000 POUNDS, CERTAIN COMMERCIAL MOTOR VEHICLES, AND TRAILERS DETACHED FROM A MOTOR VEHICLE FROM PARKING ON CITY STREETS AND RESIDENTIAL AREAS EXCEPT UNDER CERTAIN DEFINED CONDITIONS For Councilman Stone, City Attorney Thorson noted that enforcement and abatement is usually accomplished on a complaint basis with City Manager Bradley concurring that this ordinance would be enforced by on a complaint basis by the Police Department. Mr. Bradley expressed concurrence with Councilman Stone's suggestion of an annual packet. MOTION: Councilman Stone moved to introduce and read by title only Ordinance No. 98-09 as amended. The motion was by Mayor Pro Tem Ford and voice vote reflected unanimous approval. ORDINANCE NO. 98-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 10.16.042 TO THE TEMECULA MUNICIPAL CODE PROHIBITING THE PARKING OF CERTAIN MOTOR VEHICLES IN EXCESS OF TWENTY (20) FEET IN LENGTH OR EIGHT (8) FEET IN HEIGHT 0 NINETY (90) INCHES IN WIDTH, MOTOR VEHICLES IN EXCESS OF 10,000 POUNDS, CERTAIN COMMERCIAL MOTOR VEHICLES, AND TRAILERS DETACHED FROM A MOTOR VEHICLE FROM PARKING ON CITY STREETS AND RESIDENTIAL AREAS EXCEPT UNDER CERTAIN DEFINED CONDITIONS Mayor Roberts thanked the residents for their participation and input. For Councilman Comerchero, City Attorney Thorson advised that the Urgency Ordinance would go into effect immediately but that it would not be enforceable until the signs are posted, noting that the signs will be posted at the entrances of the City. In an effort to further apprise the residents of the City of this new Ordinance, City Manager Bradley suggested publishing the Ordinance in the Traffic Newsletter. 26. Traffic Signal Update Public Works Director Kicak advised that the traffic signal for Fire Station No. 84 will be completed by the end of June. 19 Temecula City Council 042898 Departmental Reports No additional comments -- as per written material of record. City Manager's Report City Manager Bradley advised that Mayor Roberts and he will be in Washington, D.C. to support the new Highway Transportation Bill and the inclusion of the $5 million for the Overland Crossing Project as well as Murrieta Creek Flood Control issues. Mr. Bradley also noted that in the middle of May Mayor Roberts, Community Development Director Thornhill, Councilman Stone, and he will be attending the Annual Shopping Center Conference. City Attorney's Report No additional comments. Adjournment At 10:45 P.M., Mayor Roberts formally adjourned the City Council meeting to Tuesday, May 1 2, 1 998, at 7:00 P.M. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC Acting City Clerk 20 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MAY 12, 1998 CLOSED SESSION A meeting of the City of Temecula City Council was called to order at 5:30 P.M. It was duly moved and seconded to adjourn to Closed Session, pursuant to Government Code Sections: 1. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to one matter of existing litigation involving the City and/or the Agency. The following case will be discussed: Strachota Insurance Agency vs. City of Temecula, et al. 2. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at 28545 Front Street (APN 922-036-031 ). The negotiating parties are the City of Temecula/Redevelopment Agency of the City of Temecula and Roy G. and Victoria Black. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. 3. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at the northwesterly corner of Second Street and Front Street. The negotiating parties are the Redevelopment Agency of the City of Temecula and John H. Poole Trust No. 1. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. 4. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition and leasing of real property located at 28497, 28485, 28559, and 28565 Pujol Street. The negotiating parties are the Redevelopment Agency of the City of Temecula and Affirmed Housing/Temecula Gardens, LP. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired and conveyed. The Temecula City Council reconvened at 7:02 P.M. in the City Council Chambers, 43200 Business Park Drive, Temecula, to consider regularly scheduled City Council business. Mayor Roberts presiding. Minutes~51298 Temecula City Council May 12, 1998 ROLL CALL PRESENT: Councilmembers: Comerchero, Ford, Lindemans, Stone, and Roberts. ABSENT: Councilmember: None. PRELUDE MUSIC The prelude and intermission music was provided Eve Craig and Jennifer Nelson. INVOCATION The invocation was given by Pastor Simmons, House of Praise. PLEDGE OF ALLEGIANCE The audience was led in the Flag salute by Mayor Pro Tem Ford. With regard to Closed Session Items, City Attorney Thorson noted that there was no reportable action with regard to Item No. 1; with regard to Item Nos. 2 and 3, he advised that these Items have been placed on this evening's agenda under open session for consideration and approval; and with regard to Item No. 4, he advised that a public hearing has been set for the May 26, 1998, City Council meeting. PRESENTATIONS/PROCLAMATIONS Transit Appreciation Day - The proclamation was presented by Mayor Roberts and accepted with appreciation by Councilman Lindemarts on behalf of the Riverside Transit Agency. National Mental Health Month - The proclamation was presented by Mayor Roberts and accepted with appreciation by Mr. Pete Moyes. PUBLIC COMMENTS A. On behalf of the CRC Foundation, Mr. Tom Langley and Ms. Melody Brunsting honored Community Services Director Nelson as an official CRC Board Member and thanked him for his efforts and for the success of the accomplishments of the CRC Foundation. B. Mr. Tim Meyler, 29930 Santiago Road, praised Mr. Nelson for his efforts and many accomplishments especially with regard to the passage of Measure C and noted that he will be greatly missed. Minutes~051298 Temecula Cib/Council 051298 As Chairman of the Arts Council of Temecula Valley, Mr. Meyler briefly referenced the brochure for the Ninth Annual Arts Festival Arts in the Country '98 and invited all to attend. C. Commending Community Services Director Nelson on his accomplishments over the years, Mr. Tom Edwards thanked Mr. Nelson for their accomplishments, noting that the City will continue to derive benefits from them for many years to come. CITY COUNCIL REPORTS A. In an effort to enhance City Council communication with the public, Councilman Comerchero apprised the public of his interest to institute a program entitled A Councilman's Night In, noting that this program would give the residents an opportunity to discuss an issue or issues with a Councilmember on a one-on-one basis versus at a City Council meeting. B. Encouraging the City Councilmembers to stay committed, Mayor Pro Tem Ford referenced the Riverside County Habitat Conservation Agency and encouraged the City to continue with its course relative to endangered species and multi-species habitat conservation plan. C. Advising that the next Circulation Element Steering Committee meeting will be June 1, 1998, Mayor Pro Tern Ford noted that revisions will be made in an effort to anticipate the expected growth of the City. D. Councilman Stone informed the Councilmembers that the Riverside Division of California League of Cities had its past meeting at the new Riverside County Hospital in Moreno Valley, noting that the hospital in downtown Riverside has been closed and commented that he was impressed with the quality of health care being offered at this new facility. E. At the California League of Cities meeting, Councilman Stone advised that the topic of lowering vehicle license fees was discussed. Although he would favor the lowering of these fees, Mr. Stone briefly discussed the issue and noted that such action will require careful review considering that a high percentage of these fees are returned to the City. F. In response to Councilman Stone, Public Works Director Kicak advised that discussions are progressing with the School Superintendent with regard to extending a sidewalk to Nicolas Elementary School and also noted that the City is negotiating with the landowner along Nicolas Road in order the extend the sidewalk to the High School. G. Although he is in support of instituting the Councilman's Night In program, Councilman Stone advised that because of California League of Cities meetings, the second Monday would not be a convenient date for him. H. Councilman Stone extended his appreciation and thanks to Community Services Director Nelson for his support and assistance over the years, noting that he will be greatly missed. Minutes\051298 3 Temecula City Council 051298 I. Councilman Lindemans relayed his support of the Councilman's Night In program. J. Mayor Roberts briefly commented on a trip he and City Manager Bradley took to Washington, D.C. in an effort to lobby ISTEA funds for the Overland Crossing and noted that the construction of the high-speed rail was also placed on the ISTEA Budget. CONSENT CALENDAR 1. Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2. Approval of Minutes 2.1 Approve the minutes of April 21, 1998. Councilman Stone requested that page 10, paragraph 5, be clarified to read as follows: For those areas with homeowners' associations, Councilman Stone noted that the associations should govern whether or not parking should be allowed on driveways. Resolution Approving List of Demands 3.1 .. Adopt a resolution entitled: RESOLUTION NO. 98-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of March 31. 1998 3.1 Receive and file the City Treasurer's Report as of March 31, 1998. Minutes\051298 4 Temecula City Council 051298 Storm Drain Reimbursement Agreement 51 Adopt a resolution entitled: RESOLUTION NO. 98-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED REIMBURSEMENT AGREEMENT FOR THE DESIGN, CONSTRUCTION, AND CONTRACT ADMINISTRATION OF CERTAIN REGIONAL STORM DRAIN FACILITIES AND MAKING FINDINGS IN CONNECTION THEREWITH Award of Construction Contract Public Works Department Maintenance Work Order No. 97-98-010 - Removal and Replacement of AC Dikes - Various Locations 6.1 Award a contract for Public Works Department Maintenance Work Order No. 97-98-010 to A-Park Avenue Builders in the amount of $24,900.00 and authorize the Mayor to execute the contract; 6.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,490.00 which is equal to 10% of the contract amount. Award of Construction Contract Public Works Department Maintenance Work Order No. 97-98-009 - Citywide A.C. Repairs 7.1 Award a contract for Public Works Department Maintenance Work Order No. 97-98-009 to A-Park Avenue Builders in the amount of $28,970.00 and authorize the Mayor to execute the contract; 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,897.00 which is equal to 10% of the contract amount. Amendment No. 3 for Additional Professional Inspection Services with L. D. King. Inc. for Winchester Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvements - Project No, PW94-21 8.1 Approve Amendment No. 3 for additional Professional Inspection Services Agreement with L. D. King, Inc. for Winchester Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvements - Project No. PW94-21 - for $1,421.00 and authorize the Mayor to execute the amendment. Minutes\051298 5 Temecula Cit~ Council 051298 10. 11. 12. 13. Release Faithful Performance Warranty and Labor and Materials Securities in Parcel Map No. 28122 (northeast of Meadows Parkway between Rancho California Road and Rancho Vista Road) 9.1 Authorize release of the Faithful Performance Warranty and Labor and Materials securities in Parcel Map No. 28122; 9.2 Direct the City Clerk to so advise the developer and surety. Accept Certain Public Improvements in Parcel Map No. 26232-2 (southeast corner of Winchester Road at Nicolas Road) 10.1 Accept the public sidewalk, driveway, and street lighting improvements in Parcel Map No. 26232-2; 10.2 Authorize reduction in Faithful Performance security to the ten percent (10%) warranty amount and initiation of the one-year warranty period; 10.3 Direct the City Clerk to so advise the developer and surety. Tract Map No. 24! 82-2 (located on the north side of State Highway 79 South between Meadows Parkway and Butterfield Stage Road) 11.1 Approve Tract Map No. 24182-2 in conformance with the Conditions of Approval, Subdivision Improvement Agreement, Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. Tract Map No. 24182-1 (located on the southeast corner of De Portola Road and Campanula Way) 12.1 Approve Tract Map No. 24182-1 in conformance with the Conditions of Approval, Subdivision Improvement Agreement, Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. Design Services Contract - Temecula Library 13.1 Award contract of $525,000 to LPA, Inc. for the preparation of the master plan, schematic design drawings, construction documents, and project administration for the Temecula Library project; Minutes\051298 6 Temecula City Council 051298 13.2 Appropriate $212,00 from Development Impact Fees - Library Mitigation to provide sufficient funds to cover the cost of the library design services. (Pulled and separately discussed; see pages 8-10.) 14. Second Reading of Ordinance No. 98-07 14.1 Adopt an Ordinance entitled: ORDINANCE NO. 98-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 8.16.010 AND 8.16.020 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE DUTY TO ABATE HAZARDOUS VEGETATION ON PRIVATE PROPERTY WITHIN THE CITY OF TEMECULA 15. Second Reading of Ordinance No, 98-09 15.1 Adopt an Ordinance entitled: ORDINANCE NO. 98-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 10.16.042 TO THE TEMECULA MUNICIPAL CODE PROHIBITING THE PARKING OF CERTAIN MOTOR VEHICLES IN EXCESS OF TWENTY (20) FEET IN LENGTH, MOTOR VEHICLES IN EXCESS OF EIGHT (8) FEET IN HEIGHT OR NINETY {90) INCHES IN WIDTH, MOTOR VEHICLES IN EXCESS OF 10,000 POUNDS, CERTAIN COMMERCIAL MOTOR VEHICLES, AND TRAILERS DETACHED FROM A MOTOR VEHICLE FROM PARKING ON CITY STREETS IN RESIDENTIAL AREAS EXCEPT UNDER CERTAIN DEFINED CONDITIONS MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1-1 2 and 14- 1 5 (Item No. 13 was pulled for separate discussion). The motion was seconded by Councilman Stone and voice vote reflected unanimous approval. Minutes\051298 7 Temecula Cib/Council 051298 Consent Calendar Item No. 13 under separate discussion. 13. Design Services Contract - Temecula Library 13.1 Award contract of $525,000 to LPA, Inc. for the preparation of the master plan, schematic design drawings, construction documents, and project administration for the Temecula Library proiect; 13.2 Appropriate $212,00 from Development Impact Fees - Library Mitigation to provide sufficient funds to cover the cost of the library design services. Community Services Director Nelson presented the staff report (of record), advising that the design proposal is based on a 25,000 square foot facility and that construction funding for the project will have to be considered and secured by City Council during the upcoming CIP process. Although he is in support of the overall proposal and realizes that site selection is a component of the contract, Councilman Comerchero relayed some concern with the City Council approving a contract for design services when an actual site has not yet been identified. Mr. Comerchero suggested that the recommended action should be approved in increments, noting that site selection should be one contract and that another contract should be drafted after a site has been determined and possible site constraints and configurations have been identified. Mr. Comerchero also questioned the wisdom of committing to a specific amount for design services considering the funds to build this library have not yet been identified. With regard to site selection, Community Services Director Nelson advised that staff had anticipated some grading and normal construction costs which would be associated with any particular site. With regard to funding of the project, Mr. Nelson noted that this issue was discussed last year during the CIP process as well as during goal setting session, with the City Council giving the direction to set aside enough funds to begin the design process and as this process proceeds, additional funds would be identified for the construction of the library. Echoing Councilman Comerchero's concern, Councilman Lindemans relayed difficulty in approving the recommendation prior to selecting a project site. Mr. Lindemans suggested that approval of this project be postponed until a site has been selected and the funds have been identified. Advising that the collected school mitigation fees are in excess of $400,000, Finance Director Roberts noted that these monies must be exhausted within a five-year time frame or the monies would be returned to the contributing developer. Because site selection will not be a large percentage of the proposed $525,000, Councilman Stone encouraged the City Council to proceed with this process and to not further delay the construction of a library. Minutes\051298 8 Temecula City Council 051298 Although he would support the feasibility of the proposed project, Mayor Pro Tern Ford noted that the project should go no further until funding has been resolved. Mr. Ford also relayed his desire to integrate the school libraries with the master library and suggested that the Advisory Committee further address this issue and provide a recommendation to the City Council for further review. Echoing the noted concerns, Mayor Roberts concurred with incrementally approving this project. Referencing the City's submitted grant application to the State, Mr. Roberts advised that in order to obtain this grant, the design of a library must be accomplished. Versus providing a 100-seat auditorium in the new library as currently in the old library, Mayor Roberts suggested constructing a larger Cultural Arts Center and that they be located within close proximity. He advised that he has been contacted by several individuals who are interested in donating funds to the construction of this library. In light of the Councilmembers' comments, Community Services Director Nelson suggested that Task 1 (Programming Services) and Task 2 (Master Planning) of the Scope of Basic Services be approved (totaling to $48,000) and that $10,000 be awarded to the library consultant in order to assist with the programming and designing aspects. He advised that these $58,000 could be funded through the library mitigation fees. Mr. Jim Warwick of LPA, Inc. relayed the importance of immediately approving the Programming Phase and noted that the combining of the Cultural Arts Center and the library could be considered in the upcoming studies. In response to Mayor Pro Tern Ford's suggestion to integrate the school libraries with the master library, Councilman Stone stated that although the Advisory Committee has discussed this option and appeared to be receptive to the idea, constraints were mentioned such as late afternoon and night access with constructing libraries on school campuses. In an effort to resolve the accessibility problem, it was discussed to locate the school libraries off school campus. With regard to the recommendation to create a partnership between the library and the school, City Manager Bradley addressed the security issue, noting that schools do not allow individuals to enter the school campus without going through a security process. Commenting on the benefits such a partnership would provide to the children, Mayor Pro Tem Ford also noted that such usage would alleviate some usage time, during peak hours, from the master library. Reiterating his concurrence with Mayor Pro Tern Ford's suggestion, Councilman Stone also reiterated the Subcommittee's support of the suggestion. Minutes\051298 9 Temecula Citv Council 051298 Because representatives of the School District are on the Design Committee, Community Services Director Nelson advised that all possible options will be explored and ensured that future school construction sites will include this component during new construction. Mayor Roberts requested that this matter be agendized for the upcoming Subcommittee on an upcoming Subcommittee meeting with the School Board. In light of the noted comments, Councilman Comerchero offered the following motion: MOTION: Councilman Comerchero moved to award a contract to LPA, Inc. in the amount of $58,000 which is to include Task 1 (Programming Services); Task 2 (Master Planning); and $10,000 for the library consultant. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. COUNCIL BUSINESS 16. Public Facilities Deposits 16.1 Adopt a resolution entitled: RESOLUTION NO. 98-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT TO BE PAID FOR MITIGATION OF IMPACTS ON PUBLIC FACILITIES FROM NON- RESIDENTIAL DEVELOPMENTS FOR WHICH DEPOSITS WERE PAID TO THE CITY Clarifying the proposed scenarios, Senior Management Analyst Kuhns presented the staff report (of record), advising that the Subcommittee (comprised of Councilmembers Comerchero and Stone) has recommended the incorporation of Schedule C. She noted that the special district fee reduction has not been reflected in any of the proposed scenarios; that the two car dealerships (Paradise Chevrolet and Rancho Ford) were previously calculated at a retail commercial rate of $2.19 per square foot; that these car dealerships should have been calculated at the service commercial rate of $1.1 0 per square foot; that the Paradise Chevrolet calculation indicates no additional fee would be due; and that the Rancho Ford calculation indicates that $14,541 would be due. To ensure financial benefit to those companies who provide financial benefit to the City, Councilman Stone stated that Schedule C would be the fairest scenario. Minutes\051298 10 Temecula Citv Council 051298 Mr. Eric Gosch, 26895 Ynez Road, representing Rancho Ford, concurred with those comments previously made by Senior Management Analyst Kuhns, noting that auto dealerships should be calculated at service commercial versus retail commercial. Mr. Gosch noted that 35% to 40% of his new vehicle business is through leases and not actual sales. Both City Manager Bradley and Finance Director Roberts provided information with regard lease revenue obtained by the City. Directing his comments to the industrial area, Mr. Bill Dendy, 41975 Winchester Road, informed the City Council that there are approximately 800,000 square feet of unleased buildings throughout the City; stated that the City of Temecula is not as competitive as other cities; and urged the Council, in an effort to create fairness, to either impose the full DIF fee or to either drop the entire fee for all developers. In order to deter the possibility of lawsuits and to create fairness, Councilman Lindemans concurred with Mr. Dendy and suggested that the issue be dropped and that no developers be imposed a fee. Concurring with Councilman Lindemans' effort to create fairness, Councilman Comerchero noted that after extensive review, the fairest option to all developers would be the approval of Schedule C. Congratulating both Councilmembers Comerchero and Stone on their efforts with regard to this complex issue, Mayor Pro Tern Ford noted that because additional reductions will occur as a result of Assessment District, noting that the differential amount will be so small that it would not benefit the possible consequences. In an effort to not impact the small businesses, he suggested that the imposition of a fee be withdrawn. In light of the City Council's sensitivity to the business community, Councilman Stone recalled the Council's decision to discount the fee proposed by the consultant by 65% and only collecting 35% of the fee, noting that at that time, the City Council had also committed to increasing this fee by 10% each year. For those businesses for which this fee would create a hardship, Mr. Stone voiced no objection to instituting an installment plan and noted that Schedule C is the fairest option to all developers. MOTION: Councilman Linderoans moved to withdraw the item and to not impose any DIF fees to any developers. The motion was seconded by Mayor Pro Tem Ford. (After additional discussion, this motion was ultimately denied by a roll call vote; see below.) In response to Mayor Pro Tem Ford, City Attorney Thorson noted that even if the development agreements were not recorded for each development, these agreements would still be enforceable. Minutes\051298 11 Temecula Cib/Council 051298 At this time, roll call vote on the previously made motion reflected denial as follows: AYES: Councilmembers: NOES: Councilmembers: ABSENT: None. Ford and Lindemans. Comerchero, Stone, and Roberts. MOTION: Councilman Stone moved to adopt Resolution No. 98-40, incorporating Schedule C. The motion was seconded by Councilman Comerchero and roll call vote reflected approval as follows: AYES: Councilmembers: Comerchero, Stone, and Roberts. NOES: Councilmembers: Ford and Lindemans. ABSENT: None. 17. Finance of Refunding Bonds for Community Facilities District No. 88-12 of the City of Temecula (Ynez Corridor) 17.1 Adopt a resolution entitled: RESOLUTION NO. 98-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE ISSUANCE OF SPECIAL TAX REFUNDING BONDS OF THE CITY FOR AND ON BEHALF OF THE COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE CITY OF TEMECULA (YNEZ CORRIDOR), APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT AND AN ESCROW AGREEMENT, APPROVING SALE OF SUCH BONDS, AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS 17.2 Approve Amendment No. 2 to an agreement with Bruce W. Hull & Associates, Inc. for an appraisal of certain properties within CFD 88-12 for an amount of $3,625.00. City Manager Bradley briefly reviewed the staff report (of record). In response to Councilman Lindemans, Mr. John McAllister of Stone and Youngberg LLC and City Manager Bradley provided clarification with regard to arbitrage requirements; the cost of repaying old bonds; and the voting process. Minutes\051 298 12 Temecula City Council 051298 MOTION: Councilman Lindemans moved to approve staff recommendation including the adoption of Resolution No. 98-41. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval. 18. Change of City Council Meeting Schedule for the Month of June 1998 18.1 Direct staff to take the appropriate steps to notice change of regularly scheduled meeting of June 9, 1998 to June 16, 1998. City Manager Bradley briefly commented on the staff report (of record). MOTION: Councilman Lindemans moved to approve the staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. 19. Traffic Signal Update 19.1 Oral Report presented by Public Works Director Kicak. Public Works Director Kicak advised that the traffic signal on Pauba Road, at Fire Station No. 84, will be completed by June 30, 1998. CITY MANAGER'S REPORT None. CITY ATTORNEY'S REPORT None. ADJOURNMENT At 10:45 P.M., Mayor Roberts formally adjourned the City Council meeting to Tuesday, May 26, 1998, at 7:00 P.M. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC Acting City Clerk Minutes\051 298 13 ITEM 3 RESOLUTION NO. 98- 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 $872,013.10 Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 26th day of May, 1998. A~T: Ron Roberts, Mayor Susan W. Jones, CMC Acting City Clerk [SEAL] Resos 98- I STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, Acting City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 98- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 26th day of May, 1998 by the following roll call vote: AYES: 0 COUNCILMEMBERS: None NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susan W. Jones, CMC Acting City Clerk Re,os 98- 2 CITY OF TEMECULA UST OF DEMANDS 05/07/98 TOTAL CHECK RUN: 05/14/98 TOTAL CHECK RUN: 05/26/98 TOTAL CHECK RUN: 05/14/98 TOTAL PAYROLL RUN: TOTAL UST OF DEMANDS FOR 05/26/98 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL $ 302,711.73 165 RDA-LOW/MOD 11,563.54 190 COMMUNITY SERVICES DISTRICT 78,127.45 191 TCSD SERVICE LEVEL A 1,149.90 192 TCSD SERVICE LEVEL B 108.33 193 TCSD SERVICE LEVEL C 23,444.31 194 TCSD SERVICE LEVEL D 708.46 195 TCSD SERVICE LEVEL R 3,251.00 210 CAPITAL IMPROVEMENT PROJ (CIP) 59,456.81 280 RDA-ClP 164,108.61 300 INSURANCE 22,500.19 320 INFORMATIONS SYSTEMS 6,771.53 330 SUPPORT SERVICES 9,082.51 340 FACILITI ES 16,816.86 390 TCSD - DEBT SERVICE 1,184.50 PAYROLL: 001 GENERAL $ 106,048.85 165 RDA-LOVV/MOD 11,663.21 190 TCSD 30,473.28 191 TCSD SERVICE LEVEL A 69.13 192 TCSD SERVICE LEVEL B 179.03 193 TCSD SERVICE LEVEL C 2,297.34 194 TCSD SERVICE LEVEL D 980.25 280 RDA-CIP 12,156.51 300 INSURANCE 272.24 320 INFORMATION SYSTEMS 2,687.55 330 SUPPORT SERVICES 783.08 340 FACl LITI ES 3,420.98 TOTAL BY FUND: PREPAR, .ERES^ ^LVAR j C U m., SPEC ^UST GENIE,ROBERTS, DIRECTOR OF FINANCE I'RONALD E/BRA~ANAGER $ 118,339.84 420,247.33 162,394.56 171,031.37 $ 872,013.10 171,031.37 $ 872,013.10 HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 05/07/98 11:10 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE FUND TITLE 001 GENERAL FUND 165 RDA DEV- LO~/MO0 SET ASIDE 190 CONMUNITY SERVICES DISTRICT 193 TCSD SERVICE LEVEL C 195 TCSD SERVICE LEVEL R CAPITAL IMPROVEMENT PROd FUND REOEVELOPMENT AGENCY - CIP INSURANCE FUNO INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES AMOUNT 52,668.83 485.75 12,088.51 657.~ 3,251.00 5,833.75 17,354.29 5,252.73 1,547.30 8,215.19 10,985.00 TOTAL 118,339.84 VOUCHRE2 05/07/98 VOUCHER/ CHECK NUMBER 49196 49196 49196 49197 49198 49198 49199 49200 49200 49201 49201 49201 49201 49201 49202 49202 49203 49203 49203 49204 49205 49206 49207 49208 49209 49210 49211 49211 49211 49212 49212 49212 49212 49212 49212 11:10 CHECK VENDOR VENDOR DATE NUHBER NAME 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 000106 000106 000106 ALFAX WHOLESALE FURNITU ALFAX WHOLESALE FURNITU ALFAX WHOLESALE FURNITU 000936 AMERICAN RED CROSS 002480 ANIXTER, INC 002480 ANIXTER, INC 000101 APPLE ONE, INC. 001323 ARROWHEAD WATER, INC. 001323 ARROWHEAD WATER, INC. 002648 002648 002648 002648 002648 AUTO CLUB OF SOUTHERN C AUTO CLUB OF SOUTHERN C AUTO CLUB OF SOUTHERN C AUTO CLUB OF SOUTHERN C AUTO CLUB OF SOUTHERN C 000622 BANTA ELECTRIC-REFRIGER 000622 BANTA ELECTRIC-REFRIGER 003197 003197 003197 BARRON SAFETY & ENVIRON BARRON SAFETY & ENVIRON BARRON SAFETY & ENVIRON 002541 BECKER, WALTER KARL 003071 BIDAMERICA 000588 C C A P A 000154 C S M F 0 002518 C-O-TWO FIRE EQUIPMENT 003214 CAL MAT 001090 CALIFORNIA DEPT OF GENE 000638 000638 000638 CALIFORNIA DEPT/CONSERV CALIFORNIA DEPT/CONSERV CALIFORNIA DEPT/CONSERV 000131 000131 000131 000131 000131 000131 CARL WARREN & CO., INC. CARL WARREN & CO., INC. CARL WARREN & CO., INC. CARL WARREN & CO., INC. CARL WARREN & CO., INC. CARL WARREN & CO., INC. CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION UNDERSTAGE CHAIR CADDY FREIGHT SALES TAX SUPPLIES-LIFEGUARD PROGRAM MISC COMPUTER SUPPLIES MISC COMPUTER SUPPLIES TEMP HELP W/E 4/18 WILLIAMS DRINKING WATER FOR CITY HALL DRINKING WATER FOR CRC 98 MEMBERSHIP DUES:J.ROORIGUEZ 98 MEMBERSHIP DUES-J.ZUNA 98 MEMBERSHIP DUES-L.AMAVISCA 98 MEMBERSHIP DUES-d.PELLETIER 98MEMBERSHIP DUES-H.PARKER CITY HALL ELECTRICAL SERVICES CITY HALL ELECTRICAL SERVICES SUPPLIES FOR GAS DETECTORS FREIGHT SALES TAX CONSTR./INSTALL HANDICAP RAIL ARCHIVING PLAN ROOM FILES PUB:98 LEGISLATIVE GUIDE CAFR SEMINAR:5/27 B.PATTISON CITY HALL-FIRE SYSTEMS TESTING A.C. FOR CITYWIDE REPAIRS PUB:CA PLANNER'S 98 LIST BOOK QTR 1-98 STRONG MOTION INSTR. QTR 1-98 STRONG MOTION INSTR. C]TY'S 5% OF SM! COLLECTED SKYLINE CONSTRUCTION 4/7/97 ONYX PAVING 8/27/97 PRATT, ALBERT 1/13/98 LOCKHEED 3/21/96 OLD VAIL PARTNERS 11/12/93 JAN-MAR CLAIM ADJUSTER SRVCS ACCOUNT NUMBER 190-182-999-5242 190-182-999-5242 190-182-999-5242 190-180-999-5261 320-199-999-5221 320-199-999-5221 280-199-999-5362 340-199-701-5240 190-182-999-5250 001-162-999-5214 001-162-999-5214 190-180-999-5214 190-180-999-5214 190-180-999-5214 340-199-701-5212 340-199-701-5212 001-164-601-5218 001-164-601-5218 001-164-601-5218 001-164-601-5402 001-163-999-5248 001-161-999-5228 001-140-999-5261 340-199-701-5250 001-164-601-5218 001-161-999-5228 001-2280 001-2290 001-162-4229 300-199-999-5205 300-199-999-5205 300-199-999-5205 300-199-999-5205 300-199-999-5205 300-199-999-5205 ITEM AMOUNT 1,188.00 264.60 86.13 64.00 236.71 254.57 103.20 284.91 42.37 42.00 42.00 42.00 42.00 42.00 56.70 67.50 384.00 20.85 29.76 3,870.00 4,196.44 15.00 115.00 600.00 202.28 9.00 2,987.96 2,159.95 257.40- 55.00 705.00 195.00 25.00 25.00 4,160.55 PAGE 1 CHECK AMOUNT 1,538.73 64.00 491.28 103.20 327.28 210.00 124.20 434.61 3,870.00 4,196.44 15.00 115.00 600.00 202.28 9.00 4,890.51 5,165.55 VOUCHRE2 05/07/98 VOUCHER/ CHECK NUMBER 49213 49214 49215 49215 49215 49216 49217 49218 49219 49220 49221 49222 49222 49222 49222 49223 49224 49225 49225 49226 49226 49227 49228 49228 49228 49228 49228 49228 49228 49229 49229 49229 49230 49230 11:10 CHECK DATE 05/07/98 05/O7/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 VENDOR VENDOR NUMBER NAME CARLISLE, BETSY 002534 CATERERS CAFE, THE 000442 CO#PUTER ALERT SYSTEMS 000442 COMPUTER ALERT SYSTEMS 000442 COMPtJTER ALERT SYSTEMS 001233 DAN~S FEED & SEED, INC. 001029 DATAQUICK, INC. OIETRICH, OONNA M. 002701 DIVERSIFIED RISK 002466 DOVER ELEVATOR COI4PANY 001380 E S % EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 002060 EUROPEAN OEL] & CATERIN FEOERAL EXPRESS 001135 FIRST CARE INDUSTRIAL M 001135 FIRST CARE INOUSTRIAL M 002122 FIRST LINE CONSTRUCTION 002122 FIRST LINE CONSTRUCTION 001103 FREEDO# MATERIALS 00018~ G T E CALIFORNIA - PAYM 00018~ G T E CALIFORNIA - PAYM 00018~ G T E CALIFORNIA - PAYM 000184 G T E CALIFORNIA - PAYM 00018~ G T E CALIFORNIA - PAYM 000184 G T E CALIFORNIA - PAYM 000184 G T E CALIFORNIA - PAYM 000351 GILLISS, MAX C.M. 000351 GILLISS, MAX C.M. 000351 GILLISS, MAX C.M. 000192 GLOBAL COMPUTER SUPPLIE 000192 GLOBAL COMPUTER SUPPLIE CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION REFUND:COt4PUTER KIDS UNION STEWARD LUNCH MEETING CITY HALL-SMOKE DETECTORS CITY HALL-DOOR MAGNETS SALES TAX PROPANE ~S FOR FIELD TANKS ACCT ESTABLISHMENT FEE REFUND:SECURITY OEPOSIT APRIL SPECIAL EVENT INSURANCE MAY ELEVATOR MAINT/SERVICE TEMP HELP (2)W/E 4/24 WILLIAMS TEMP HELP (2)W/E 4/24 WILLIAMS TEMP HELP (2)W/E 4/24 CABILRL TEMP HELP (2)W/E 4/24 MC LEAN REFESHMENTS FOR COUNCIL MTG REFUND:PAID TWICE FOR BUS. LIC PRE-EMPLOYMENT PHYSICALS PRE-EMPLOYMENT PHYSICALS REPLACE MISSING STONES -CRC CRC-REPLACE MISSING STONES GIL~FFITI REMOVAL & MISC. SUPP. 909-308-1079-APR-GENERAL USAGE 909-676-3526-APR-CITY ALARM 909-693-0956-APR-GENERAL USAGE 909-694-4356-APR-HINTERGAROT 909-694-8927-APR-GENEILRL USAGE 909-695-1409-APR-GENERAL USAGE 909-695-3539-APR-GENEPJ~L USAGE APR PROF SRVCS-PALA RD BRIDGE APR CONSULTING SERVICES APR CONSULTING SERVICES HP INKJET CARTRIDGE HP INKJET CARTRIDGES ACCOUNT NUMBER 190-183-4982 001-150-999-5260 340-199-701-5610 340-199-701-5610 340-199-701-5610 001-164-601-5218 320-199-999-5211 190-2900 300-2180 340-199-701-5212 001-161-999-5118 001-162-999-5118 001-171-999-5118 280-199-999-5118 001-100-999-5260 001-1990 001-150-999-5250 001-150-999-5250 190-182-999-5212 190-182-999-5212 001-164-601-5218 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 210-165-631-5801 001-110-999-5248 001-164-604-5248 320-199-999-5221 320-199-999-5221 ITEM AMOUNT 75.00 59.27 2,097.20 1,579.20 264.92 13.34 125.00 100.00 87.18 199.10 551.76 551.76 914.37 1,062.40 132.68 50.00 75.00 140.00 100.00 70.00 12.51 60.33 85.99 29.8~ 31.65 28.67 105.78 41.63 5,000.00 500.00 500.00 71.97 74.97 PAGE 2 CHECK AMOUNT 75.00 59.27 3,961.32 13.34 125.00 100.00 87.18 199.10 3,080.29 132.68 50.00 215.00 170.00 12.51 383.89 6,000.00 VOUCHRE2 05/07/98 VOUCHER/ CHECK NUMBER 49230 49230 49230 49Z]1 49232 49233 49234 49234 49234 49234 49235 49235 49235 49235 49236 49237 49237 49237 49238 49239 49239 49240 49241 49241 49242 49242 49243 49244 49245 49246 49247 49247 49248 11:10 CHECK DATE 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 VENDOR NUMBER 000192 000192 000192 001697 002372 001013 003167 003167 003167 003167 003138 003138 003138 003138 001186 002909 002909 002909 001667 001667 003185 001091 001091 002789 002789 000209 001973 000210 003196 003196 000213 VENDOR NAME GLOBAL COMPUTER SUPPLIE GLOBAL COMPUTER SUPPLIE GLOBAL COMPUTER SUPPLIE HALL, NANCY LEE HARMON, JUDY HINDERLITER deLLAMAS AS IMPACT PRUMOTIONAL PROD IMPACT PROMOTIONAL PROD IMPACT PROMOTIONAL PROD IMPACT PROMOTIONAL PROD INDUSTRIAL ASPHALT INDUSTRIAL ASPHALT INDUSTRIAL ASPHALT INDUSTRIAL ASPHALT IRWIN, JOHN K W C ENGINEERING, INC. K W C ENGINEERING, INC. K W C ENGINEERING, INC. KARLS, RUTH KELLY TEMPORARY SERVICE KELLY TEMPORARY SERVICE KEN MONTGOMERY & SONS C KEYSER MARSTON ASSCOIAT KEYSER MARSTON ASSCOIAT KIMCO STAFFING SOLUTION KIMCO STAFFING SOLUTION L & M FERTILIZER, INC. LA SALLE LIGHTING SERVI LEAGUE OF CAL. CITIES - LEWIS, NANCY LIFECOH, INC. LIFECOM, INC. LOCAL GOVERNMENT COMMIS CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PATCH CABLE FREIGHT SALES TAX TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS QTR 2 CONSULTATION FEES SKATE PARK BUTTONS ARTWORK SET-UP FEE FREIGHT SALES TAX A.C. FOR CITYWIDE REPAIRS A.C. FOR CITYW%OE REPAIRS A.C. FOR CITYgIDE REPAIRS A.C. FOR CITYWIOE REPAIRS TCSD INSTRUCTOR EARNINGS DESIGN SRVCS-RCSP SIDEWALK DESIGN SRVCS-RCSP SIDEgALK OESIGN SRVCS-RCSP SIDEWALK REFUNO:STATE-LINE TURNAROUND TEMP HELP W/E 4/19 MILES TEMP HELP W/E 4/19 MILES FACADE IMPRVT:PUG & ASSOCIATES JAN OLD TOWN MARKET ANALYSIS FEB OLD TCY,,/N MRKT ANALYSIS SRV TEMP HELP W/E 4/12 GLENN TEMP HELP ~/E 4/12 GLENN MISC MAINT SUPPLIES-P~ CRE~ VARIOUS PARKS-LIGHTING REPAIR PUB:WHY LEADERS CAN'T LEAD REFUND:COMPUTER KIDS GAS OETECTOR REPAIR INSTALL GAS DETECTOR SENSORS PUB:LIVEABLE CITIES UPDATE ACCOUNT NUMBER 320-199-999-5221 320-199-999-5221 320-199-999-5221 190-18~-999-5330 190-18~-999-5330 001-140-999-5248 190-180-999-5254 190-180-999-5254 190-180-999-5254 190-180-999-5254 001-164-601-5218 001-164-601-5218 001-164-601-5218 001-164-601-5218 190-183-999-5330 210-190-154-5802 210-190-154-5802 210-190-154-5802 190-183-4986 001-163-999-5118 001-164-604-5118 280-199-813-5804 280-199-999-5248 280-199-999-5248 001-150-999-5118 001-150-999-5118 001-164-601-5218 190-180-999-5212 001-161-999-5228 190-183-4982 190-182-999-5250 190-182-999-5250 001-161-999-5228 ITEM ANOUNT 41.70 9.80 15.11 128.00 434.00 900.00 268.69 60.00 26.25 25.47 69.23 68.42 176.17 163.51 732.00 472.50 205.00 20.00 8~.20 249.60 700.00 1,947.50 3,463.13 49.75 34.75 55.86 493.75 22.00 75.00 500.00 666.02 15.00 PAGE 3 CHECK AMOUNT 213.55 128.00 434.00 900.00 380.41 4?7.33 732.00 833.75 20.00 332.80 700.00 5,410.63 84.50 55.86 493.75 22.00 75.00 1,166.02 15.00 VOUCHRE2 05/07/98 VOUCHER/ CHECK NUMBER 49249 49250 49251 49252 49253 49253 49253 49253 49253 49253 49253 49253 49253 49253 49254 49254 49254 49255 49255 49255 49256 49256 49257 49258 49258 49259 49260 49260 49260 49260 49261 49262 49263 49263 11:10 CHECK VENDOR VENDOR DATE NUMBER NAME 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 MAC DONALD, ROBERT MAPLES, KELLY 000217 MARGARITA OFFICIALS ASS 002693 MATROS, ANDREA 001384 MINUTEMAN PRESS 001384 MINUTEMAN PRESS 00138~ MINUTEMAN PRESS 001384 MINUTEMAN PRESS 001384 MINUTEMAN PRESS 001384 MINUTEMAN PRESS 00138~ MINUTEMAN PRESS 00138~ MINUTEMAN PRESS 001384 MINUTEMAN PRESS 001384 MINUTEMAN PRESS 000883 000883 000883 MONTELEONE EXCAVATING MONTELEONE EXCAVATING MONTELEONE EXCAVATING 002105 002105 002105 OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TCRaJ TIRE & SERVICE 001171 ORIENTAL TRADING CO., I 001171 ORIENTAL TRADING CO., I 000667 P A P A 001383 P M W ASSOCIATES, INC. 001383 P M W ASSOCIATES, INC. 003148 PACCIONE, THERESA 002406 002406 002406 002406 PACIFIC BUSINESS INTERI PACIFIC BUSINESS INTERI PACIFIC BUSINESS INTERI PACIFIC BUSINESS INTERI PALS 002331 PEP BOYS INC 000247 PESTMASTER 000247 PESTMASTER CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION REFUND: STATE-LINE REFUND: GYMNASTICS ADULT SOFTBALL OFFICIALS TCSD INSTRUCTOR EARNINGS 8 BXS B/W BUSINESS CARDS 8 BXS B/W BUSINESS CARDS 8 BXS B/W BUSINESS CARDS FOIL BUSINESS CARDS RON PARKS SALES TAX SALES TAX SALES TAX SALES TAX CITY SEAL ENVELOPES:PLANNING SALES TAX GRADING OF DIRT ROADS GRADING OF DIRT ROADS GRADING OF DIRT ROAD CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CINCO DE MAYO GAHE PRIZES FREIGHT PAPA SEMINAR:6/4/98:K.HARRINGT EXECUTIVE MGMT TEAM WORKSHOP EXECUTIVE MGMT TEAM WORKSHOP TCSD INSTRUCTOR EARNINGS LATERAL FILE:ASSIS FINANCE OFF LABOR: DELIVERY & INSTALLATION RECONFIGURE PANELS:SR ACCT SALES TAX REFUND: SECURITY DEPOSIT MISC. MAINTENANCE SUPPLIES WEED TREATMENT a MAIN & FRONT CHANNEL WEED CONTROL SPRAYING ACCOUNT NUMBER 190-183-4986 190-183-4982 190-183-999-5380 190-183-999-5330 001-163-999-5222 001-165-999-5222 001-164-602-5222 001-163-999-5222 001-163-999-5222 001-165-999-5222 001-164-602-5222 001-163-999-5222 001-161-999-5222 001-161-999-5222 195-180-999-5402 195-180-999-5402 195-180-999-5402 001-164-601-5214 340-199-701-5214 001-164-601-5214 190-18~-999-5301 190-18~-999-5301 190-180-999-5261 001-150-999-5248 001-150-999-5248 190-183-999-5330 001-140-999-5242 001-140-999-5242 001-140-999-5242 001-140-999-5242 190-2900 001-164-601-5218 165-199-999-5250 001-164-601-5401 ITEM AMOUNT 20.00 50.00 1,100.00 302.40 153.00 114.75 38.25 102.50 11.86 8.90 2.96 7.94 176.82 13.70 1,520.00 1,256.00 475.00 130.47 15.95 252.03 88.75 20.60 45.00 1,106.45 3,600.00 364.00 660.23 75.00 35.00 56.98 100.00 48.86 450.00 .2,595.00 PAGE 4 CHECK AMOUNT 20.00 50.00 1,100.00 302.40 630.68 3,251.00 398.45 109.35 45.00 4,706.45 364.00 827.21 100.00 48.86 3,045.00 49264 05/07/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5222 8.08 49264 05/07/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5260 13.85 VOUCHRE2 05/07/98 VOUCHER/ CHECK NUMBER 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49264 49266 49267 49267 49267 49267 11:10 CHECK DATE 05/07/98 O5/O7/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 O5/O7/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 VENDOR NUMBER 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 003219 000254 000254 000254 000254 VENDOR NAME PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PREMIUM COATINGS PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COI4PAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT CRC POOL REPAIR & COLOR MATCH PUBLIC NOTICE: PW97-05 PUBLIC NOTICE: PA98-0141 PUBLIC NOTICE: WHFA 98-09 PUBLIC NOTICE: WHFA 98-08 ACCOUNT NUMBER 001-150-999-5265 001-161-999-5230 001-150-999-5261 001-1990 001-150-999-5265 001-140-999-5260 001-150-999-5261 190-183-999-5320 001-110-999-5223 001-171-999-5261 001-171-999-5261 190-180-999-5260 001-170-999-5230 190-18~-999-5301 001-162-999-5220 165-199-999-5242 190-18~-999-5320 320-199-999-5221 280-199-999-5270 280-199-999-5270 001-162-999-5220 190-184-999-5301 001-100-999-5260 001-120-999-5220 001-171-999-5261 001-161-999-5260 001-110-999-5260 001-1990 001-120-999-5277 001-140-999-5260 001-100-999-5260 190-183-999-5320 280-199-999-5230 001-120-999-5230 001-1990 190-180-999-5220 001-171-999-5261 001-164-601-5218 001-110-999-5223 001-110-999-5223 190-184-999-5301 190-182-999-5212 001-120-999-5256 001-161-999-5256 001-120-999-5256 001-120-999-5256 ITEM AMOUNT 38.41 22.00 8.68 26.36 19.00 26.24 14.68 9.67 17.15 40. O0 20.00 17.58 4.00 14.94 3.88 35.75 30.39 32.31 53.61 10.00 5.39 2.49 7.58 18.59 20.00 20.00 9.58 21.55 12.42 11.04 7.70 9.65 14.45 5.00 32.16 19.83 35.00 14.09 15.02 49.52 425.00 93.53 18.25 74.00 56.25 PAGE 5 CHECK AMOUNT 831.41 425.00 242.03 49268 05/07/98 000255 PRO LOCK & KEY LOCKSMITH SERVICES - CRC 190-182-999-5212 15.00 49268 05/07/98 000255 PRO LOCK & KEY LOCKSMITH SERVICES - PARKS 190-180-999-5212 150.00 165.00 VOUCHRE2 05/07/98 VOUCHER/ CHECK NUMBER 49269 49269 49269 49269 49269 49270 49271 49271 49271 49271 49271 49271 49271 49271 49271 49272 49273 49274 49275 49275 49275 49276 49276 49276 49277 49277 49277 49278 49279 49280 49281 49281 49282 49283 49283 4928~ 4928~ 11:10 CHECK DATE 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 VENDOR NUMBER 002930 002930 002930 002930 002930 000879 000260 000260 000260 000260 000260 000260 000260 000260 000260 000526 000266 001365 001365 001365 000268 000268 000268 001097 001097 001097 002226 000277 000645 000645 002503 000537 000537 000537 000537 VENDOR NAME PRUDENTIAL OVERALL SUPP PRUOENTIAL OVERALL SUPP PRUOENTIAL OVERALL SUPP PRUOENTIAL OVERALL SUPP PRUOENTIAL OVERALL SUPP RADISSON HOTEL RAN-TEC RUBBER STAMP MF RAN-TEC RUBBER STAMP MF RAN-TEC RUBBER STAMP MF RAN-TEC RUBBER STAMP MF RAN-TEC RUBBER STAMP MF RAN-TEC RUBBER STAMP MF RAN-TEC RUBBER STAMP MF RAN-TEC RUBBER STAMP MF RAN-TEC RUBBER STAMP MF REGENTS OF UNIVERSITY 0 RICKETTS, JEANINE RIGHTWAY RIVERSIDE CO. ENVIRONME RIVERSIDE CO. ENVIRONME RIVERSIDE CO. ENVIRONME RIVERSIDE CO. HABITAT RIVERSIDE CO. HABITAT RIVERSIDE CO. HABITAT ROADLINE PROOUCTS, INC. ROADLINE PROOUCTS, INC. ROADLINE PROOUCTS, INC. ROSS. LORI RUSSO, MARY ANNE S & S ARTS AND CRAFTS, SMART & FINAL, INC. SMART & FINAL, INC. SOUTH COAST AIR QUALITY SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EOISON CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIl]OS ITEM DESCRIPTION FLOOR MAT RENTAL CITY HALL FLOOR MAT RENTAL CRC FLOOR MAT RENTAL MAINT FAC FLOOR MAT RENTAL SR CENTER FLOOR MAT RENTAL TCC HTL:PERMITS + EDUCATION:OSVOLD LETTERING FOR OFFICE NAMEPLATE LETTERING FOR OFFICE NAMEPLATE LETTERING FOR OFFICE NAMEPLATE EMPLOYEE NAME BAOGES EMPLOYEE NAME BADGES EMPLOYEE NAME BADGES SALES TAX SALES TAX SALES TAX HTL:GENERAL PLAN CF:FAGAN:6/5 REFUND: SPRING FAIR PORTABLE TOILET RENTAL:RVRTN P HEALTH PERMIT N/S SNACK BAR HEALTH PERMIT RANCHO VISTA SNK HEALTH PERMIT PALOMA DEL SOL P FEBRUARY 98 K-RAT COLLECTION JANUARY 98 K-RAT COLLECTION MARCH 98 K-RAT COLLECTION SUPPLIES FOR STENCIL TRUCK FREIGHT SALES TAX REFUND: TINY TOTS TCSD INSTRUCTOR EARNINGS SUPPLIES FOR RECREATION PRGMS DAYCAMP SUPPLIES SUPPLIES:SPECIAL ACTIVITITES AIR QUALITY SERVICES 2-10-747-1393 MONROE PED 2-00-397-5042 CITY HALL 2-00-397-5067 VARIOUS METERS 2-02-502-8077 VARIOUS METERS ACCOUNT NUMBER 340-199-701-5250 190-182-999-5250 340-199-702-5212 190-181-999-5250 190-18~-999-5250 001-161-999-5261 001-163-999-5222 001-164-602-5222 001-165-999-5222 001-16~-999-5222 001-165-999-5222 001-164-602-5222 001-163-999-5222 001-164-602-5222 001-165-999-5222 001-161-999-5261 190-183-4992 190-180-999-5238 190-180-999-5250 190-180-999-5250 190-180-999-5250 001-2300 001-2300 001-2300 001-164-601-5218 001-164-601-5218 001-164-601-5218 190-183-4980 190-183-999-5330 190-18~-999-5301 190-183-999-5340 190-183-999-5320 190-180-999-5250 340-199-701-5240 340-199-701-5240 193-180-999-5240 340-199-702-5240 ITEM AMOUNT 114.40 107.00 44.80 54.28 69.40 391.60 58.10 17.50 37.80 18.00 4.50 4.50 5.90 1.70 3.28 225.00 30.00 62.89 65.00 65.00 65.00 7,650.00 500.00 2,941.00 500.50 9.25 41.29 37.00 707.00 64.15 61.44 89.92 171.90 22.10 3,291.66 657.49 432.66 PAGE 6 CHECK AMOUNT 389.88 391.60 151.28 225.00 30.00 62.89 195.00 11,091.00 551.04 37.00 707.00 64.15 151.36 171.90 VOUCHRE2 05/07/98 VOUCHER/ CHECK NUMBER 49283 49284 49285 49286 49286 49287 49288 49288 49289 49290 49290 49291 49292 49292 49292 49292 49292 49292 49292 49292 49292 49292 49292 49293 49293 49294 49295 49296 49297 49298 49299 49299 49299 49299 11:10 CHECK DATE 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 05/07/98 VENDOR NUMBER 000537 000282 000305 003207 003207 00167~ 000308 003092 003092 002923 002621 002621 002621 002621 002621 002621 002621 002621 002621 002621 002621 002899 002899 002576 002566 001437 003114 001342 001342 001342 001342 VENDOR NAME SOUTHERN CALIF EDISON SOUTHERN CALI F MUNICIPA TARGET STORE TECH LAB INDUSTRIES, IN TECH LAB INDUSTRIES, IN TEMECULA DRAIN SERV & P TEMECULA PLAY & LEARN TEMECULA PLAY & LEARN TEMECULA TO~N ASSOCIATI TIMBERLAKE PAINTING TIMBERLAKE PAINTING U S RENTALS UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNISTRUT UNISTRUT URBAN DESIGN STUDIO VALLEY MICRO COMPUTERS VANIMAM, SANDRA VIRACK, MARYANN WASKA, CAROLYN WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, gAXIE SANITARY SUPPLY, CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION 66-77-795-6412-01 FRONT ST SPORTS WORKSHOP:5/20:TCSD STFF SUPPLIES FOR RECREATION PRGMS 12 DIGITAL ASPHALT THERMOMETER FREIGHT PLUMBING SERVS:PLMA DEL SOL PK REFUND: SECURITY DEPOSIT REFUND: SECURITY DEPOSIT SPONSORSHIP:V98 FRONTIER DAY REFINISH OFFICE FURNITURE C.R.C.-DOOR MAINTENANCE FULL SIZE PICK-UP TRUCK RENTAL 5415305001995894 RR/LEAGUE 4/1 5415305001995886 SF/WASHINGTON 5415305001995910 RB/GAS & MTGS 5415305001995910 RB/GAS & MTGS 5415305002931146 SJ/LEAGUE MTG 5415305002931146 SJ/LEAGUE MTG 5415305001995985 GY/LK ARRWHD 5415305001995985 GY/LK ARRWHO 5415305001995985 GY/LK ARR~HD 5415305001995944 AE/LUMCH MTG 5415305001995944 AE/LUNCH MTG QHIK-PUNCH POSTS & ANCHORvS SALES TAX Sg SPECIFIC PLN DESIGN FEB SER EIGHT 6~ IEEE PRINTER CABLES REFUND: COMPUTER KIDS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNING MAINTENANCE SUPPLIES-MAINT FAC TCC-MAINTENAHCE SUPPLIES CITY HALL-MAINTENANCE SUPPLIES MAINTENANCE SUPPLIES - CRC ACCOUNT NUMBER 340-199-701-5240 190-180-999-5261 190-181-999-5301 001-163-999-5242 001-163-999-5242 190-180-999-5212 190-2900 190-183-4990 280-199-999-5266 340-199-701-5219 190-182-999-5250 001-164-601-5238 001-100-999-5258 001-100-999-5258 001-110-999-5263 001-110-999-5260 001-120-999-5260 001-1170 001-150-999-5265 001-150-999-5260 001-1990 001-162-999-5260 001-1170 001-164-601-5218 001-164-601-5218 001-161-999-5248 320-199-999-5221 190-183-4982 190-183-999-5330 190-183-999-5330 340-199-702-5212 190-184-999-5212 340-199-701-5212 190-182-999-5212 ITEM AMOUNT 24.09 30.00 36.~9 250.95 11.00 197.00 100.00 7.00- 10,000.00 1,700.00 700.00 646.50 546.83 149.00 39.74 33.00 105.77 192.82 255.35 360.18 533.17 58.99 102.54 3,720.05 288.30 3,780.00 301.27 75.00 240.00 148.80 33.37 104.15 136.44 125.10 PAGE 7 CHECK AMOUNT 4,428.00 30.00 36.79 261.95 197.00 93.00 10,000.00 2,400.00 646.50 2,377.39 4,008.35 3,780.00 301.27 75.00. 240.00 148.80 399.06 VOUCHRE2 05/07/98 VOUCHER/ CHECK NUMBER 4930O 49301 49301 49301 11:10 CHECK DATE 05/07/98 05/07/98 05/07/98 05/07/98 VENDOR NUMBER 000345 000345 000345 VENDOR NAME WINDER, JOHN XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION REFUND: SECURITY DEPOSIT TELECOPIER SERV,LABOR & PARTS POOL MAINT & SUPPLIES JAN/MAR POOL MAI#T & SUPPLIES JAN/MAR ACCOUNT NUMBER 190-2900 330-199-999-5217 330-199-999-5217 190-182-999-5217 ITEM AMOUNT 100.00 220.00 7,995.19 224.34 PAGE CHECK AMOUNT 100.00 8,439.53 TOTAL CHECKS 118,339.84 VOUCHRE;> 05/14/98 17:29 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE 14 FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOI4/MO0 SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 390 TCSD DEBT SERVICE AMOUNT 233,252.90 11,077.79 38,105.58 162.90 108.33 2,907.51 ?09.46 4,370.00 99,693.49 17,247.46 5,224.23 867.32 5,335.86 1,184.50 TOTAL 420,247.33 VOUCHRE2 05/14/98 17:29 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 49302 05/11/98 MEXICANA REFRESHMENTS 5/12 COUNCIL MTG 001-100-999-5260 64.41 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 912023 05/14/98 983046 05/14/98 983046 05/14/98 983046 05/14/98 983046 05/14/98 983046 05/14/98 983046 05/14/98 98~046 05/14/98 983046 05/14/98 983046 05/14/98 98~046 05/14/98 983046 05/14/98 983046 05/14/98 98~046 05/14/98 983046 05/14/98 983046 05/14/98 983046 05/14/98 983046 05/14/98 49306 05/14/98 49306 05/14/98 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 002539 002539 INSTATAX (IRS) 000283 FEDERAL 001-2070 INSTATAX (IRS) 000283 FEDERAL 165-2070 INSTATAX (IRS) 000283 FEDERAL 190-2070 INSTATAX (IRS) 000283 FEDERAL 191-2070 INSTATAX (IRS) 000283 FEDERAL 192-2070 INSTATAX (IRS) 000283 FEDERAL 193-2070 INSTATAX (IRS) 000283 FEDERAL 194-2070 INSTATAX (IRS) 000283 FEDERAL 280-2070 INSTATAX (IRS) 000283 FEDERAL 300-2070 INSTATAX (IRS) 000283 FEDERAL 320-2070 INSTATAX (IRS) 000283 FEDERAL 330-2070 INSTATAX (IRS) 000283 FEDERAL 340-2070 INSTATAX (IRS) 000283 MEDICARE 001-2070 INSTATAX (IRS) 000283 MEDICARE 165-2070 INSTATAX (IRS) 000283 MEDICARE 190-2070 INSTATAX (IRS) 000283 MEDICARE 191-2070 INSTATAX (IRS) 000283 MEDICARE 192-2070 INSTATAX (IRS) 000283 MEDICARE 193-2070 INSTATAX (IRS) 000283 MEDICARE 194-2070 INSTAT/O( (IRS) 000283 MEOICARE 280-2070 INSTATAX (IRS) 000283 MEO%CARE 300-2070 INSTATAX (IRS) 000283 MEOICARE 320-2070 INSTATAX (IRS) 000283 MEOICARE 330-2070 INSTATAX (IRS) 000283 MEDICARE 340-2070 INSTAT/O((EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTAT/O((EDD) INSTATAX (EDD) INSTATAX (EDD) INSTAT/O((EDD) INSTAT/O((EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) 3CMA/CITY COMMUNICATION 3CMA/CITY COMMUNICATION 000444 SDI 001-2070 000444 SDI 165-2070 000444 SDI 190-2070 000444 SDI 280-2070 000444 SDI 340-2070 000444 STATE 001-2070 000444 STATE 165-2070 000444 STATE 190-2070 000444 STATE 191-2070 000444 STATE 192-2070 000444 STATE 193-2070 000444 STATE 194-2070 000444 STATE 280-2070 000444 STATE 300-2070 000444 STATE 320-2070 000444 STATE 330-20?0 000444 STATE 340-2070 SAAVY AWARDS ENTRY FEE SUVY AWARDS ENTRY FEE 280-199-999-5250 190-180-999-5250 15,681.55 3,862.12 3,485.39 8.84 22.97 347.98 136.78 3,921.59 27.69 578.23 108.13 523.73 4,000.45 494.67 1,082.69 2.38 6.14 81.05 36.46 508.03 9.40 120.24 26.88 125.14 31.48 4.05 55.99 .76 4.16 4,061.16 910.68 777.29 1.55 3.77 69.91 23.96 912.54 9.31 133.64 22.07 113.73 260.00 65.00 35,198.53 7,136.05 325.00 49307 05/14/98 49307 05/14/98 49307 05/14/98 000116 000116 000116 A V P VISION PLANS A V P VISION PLANS A V P VISION PLANS 000116 AVP 001-2310 000116 AVP 165-2310 000116 AVP 190-2310 570.36 12.90 73.12 VOUCHRE2 CITY OF TEMECULA 05/14/98 17:29 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 49307 05/14/98 000116 A V P VISION PLANS 000116 AVP 193-2310 49307 05/14/98 000116 A V P VISION PLANS 000116 AVP 280-2310 49307 05/14/98 000116 A V P VISION PLANS 000116 AVP 300-2310 49307 05/14/98 000116 A V P VISION PLANS 000116 AVP 340-2310 1.72 14.64 4.30 21.50 698.54 49308 05/14/98 001916 ALBERT A. WEBB ASSOCIAT AS 161 LIEN BALANCES:CFD-88-12 001-1280 280.00 280.00 49309 05/14/98 ALLIANT FOO0 SERVICES I OVRPMT CIT#19323-CK#01261603 001-170-4055 50.00 50.00 49310 05/14/98 000936 AMERICAN RED CROSS SUPPLIES:TRAINING LIFEGUARDS 190-180-999-5261 250.00 250.00 49311 05/14/98 001947 AMERIGAS PROPANE FUEL FOR CITY VEHICLES 190-180-999-5263 17.78 17.78 49312 05/14/98 000101 APPLE ONE, INC. TEMP HELP W/E 4/25 WILLIAMS 280-199-999-5362 103.20 103.20 49313 05/14/98 001323 ARROWHEAD WATER, INC. DRINKING WATER FOR MAINT FAC. 340-199-701-5240 79.28 79.28 49314 05/14/98 0026~8 AUTO CLUB OF SOUTHERN C MEMBERSHIP: R. BROWNELL '98 001-162-999-5214 49314 05/14/98 002648 AUTO CLUB OF SOUTHERN C MEMBERSHIP OUES: 98 FOR P.W. 001-164-604-5214 49314 05/14/98 0026~8 AUTO CLUB OF SOUTHERN C MEMBERSHIP OUES: 98 FOR P.W. 001-163-999-5214 49314 05/14/98 0026~8 AUTO CLUB OF SOUTHERN C MEMBERSHIP DUES: 98 FOR P.W. 001-165-999-5214 52.00 252.00 42.00 42.00 388.00 49315 05/14/98 BAKER MOTIVATION, INC REFUND: SECURITY DEPOSIT 190-2900 49315 05/14/98 BAKER MOTIVATION, INC AOO~L ROOM RENTAL CHARGE 190-183-4990 100.00 10.00- 90.00 49316 05/14/98 003017 BALDERSON, SCOTT TCSD INSTRUCTOR EARNINGS 190-183-999-5330 200.00 200.00 49317 05/14/98 003126 BOOMGAARDEN, DENNIS TCSD INSTRUCTOR EARNINGS 190-183-999-5330 240.00 240.00 49318 05/14/98 BILRSSARD, DAVID P. REFUND:OVRPMT OF CIT #186~1 001-170-4055 49318 05/14/98 BRASSARO, DAVID P. REFUNO:OVRPMT OF CIT #186~1 001-2260 49318 05/14/98 BRASSARD, DAVID P. REFUNO:OVRPMT OF CIT #186~1 001-2265 23.00 5.00 50.00 78.00 49319 05/14/98 003222 BROCKMEIER, CAROL 49320 05/14/98 002951 49321 05/14/98 002099 BRUCE W. HULL & ASSOCIA BUTTERFIELD ENTERPRISES REIMB:SIERRA CF EXP. 4/21-24 APPRAISAL SERVICES CFD 88-12 ~Y OLD TOWN RESTROOM RENTAL 49322 05/14/98 001178 C M S BUSINESS FORMS, I NOV CODE BOOKS 49322 05/14/98 001178 C M S BUSINESS FORMS, I AONIN. CITATIONS 49322 05/14/98 001178 C M S BUSINESS FORMS, I SALES TAX 49322 05/14/98 001178 C M S BUSINESS FORMS, I PRE N)DRESS ENV. CODE ENF 49322 05/14/98 001178 C M S BUSINESS FORMS, I SALES TAX 49322 05/14/98 001178 C M S BUSINESS FORMS, I PRE ADDRESS ENV. NOV CODE BOOK 49322 05/14/98 001178 C M S BUSINESS FORMS, I SALES TAX 49322 05/14/98 001178 C M S BUSINESS FORMS, I NOV CODE BOOK CAL-SURANCE ASSOCIATES, CAL-SURANCE ASSOCIATES, CAL-SURANCE ASSOCIATES, 49323 05/14/98 000128 49323 05/14/98 000128 49323 05/14/98 000128 WORKERS COMP INSURANCE 4/98 WORKERS CUMP INSURANCE 4/98 WORKERS CUMP INSURANCE 4/98 001-162-999-5258 001-1160 280-199-999-5212 001-162-999-5222 001-162-999-5222 001-162-999-5222 001-162-999-5222 001-162-999-5222 001-162-999-5222 001-162-999-5222 001-162-999-5222 001-2370 165-2370 190-2370 95.35 4,000.00 826.00 318.24 318.24 49.33 267.02 20.69 267.02 20.69 110.39 4,552.11 145.88 1,763.87 95.35 4,000.00 826.00 1,371.62 VOUCHRE2 05/14/98 17:29 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE 3 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 49323 05/14/98 000128 49323 05/14/98 000128 49323 05/14/98 000128 49323 05/14/98 000128 49323 05/14/98 000128 49323 05/14/98 000128 49323 05/14/98 000128 49323 05/14/98 000128 49323 05/14/98 000128 49323 05/14/98 000128 49323 05/14/98 000128 49323 05/14/98 000128 CAL-SURANCE ASSOCIATES, CAL-SURANCE ASSOCIATES, CAL-SURANCE ASSOCIATES, CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES WORKERS COMP INSURANCE 4/98 IdORKERS CC~4P INSURANCE 4/98 WORKERS COMP INSURANCE 4/98 WORKERS CONP INSURANCE 4/98 IdORKERS COMP INSURANCE 4/98 WORKERS CUMP INSURANCE 4/98 WORKERS CUMP INSURANCE 4/98 WORKERS CUMP INSURANCE 4/98 WORKERS CONP INSURANCE 4/98 WORKERS CONP INSURANCE 4/98 WORKERS CUMP INSURANCE 4/98 WORKERS CONP INSURANCE 4/98 191-2370 192-2370 193-2370 194-2370 280-2370 300-2370 320-2370 330-2370 340-2370 001-1182 190-18~-999-5112 190-1990 1.20 2.94 72.75 32.16 119.97 15.05 58.87 11.8/, 419.37 22.89 .43 1.68 7,221.01 49324 05/14/98 001054 CALIFORNIA BUILDING OFF SEM:BLDG LAWS 6/23 A. ELMO 001-162-999-5261 110.00 110.00 49325 05/14/98 000131 CARL WARREN & CO., INC. VERLOOP,7/3/97:RAMIREZ,8/13/97 300-199-999-5205 134.00 134.00 49326 05/14/98 002534 CATERERS CAFE, THE LUNCH FOR QRTRLY MGMT MEETING 001-110-999-5260 377.13 377.13 49327 05/14/98 000135 CENTRAL CITIES SIGN SER STREET SIGNS & MZSC HARDWARE 001-164-601-5218 49327 05/14/98 000135 CENTRAL CITIES SIGN SER SALES TAX 001-164-601-5218 49327 05/14/98 000135 CENTRAL CITIES SIGN SER STREET SIGNS & MISC HARDWARE 001-164-601-5244 49327 05/14/98 000135 CENTRAL CITIES SIGN SER MISC. SIGNS & MATERIALS 001-164-601-5244 1,125.00 87.19 183.18 495.65 1,891.02 49328 05/14/98 001195 CENTRAL SECURITY SERVIC MAY ALARM SERVICES-C.R.C. 190-182-999-5250 49328 05/14/98 001195 CENTRAL SECURITY SERVIC MAY ALRM SERVICES-SEN. CENTER 190-181-999-5250 50.00 45.00 95.00 49329 05/14/98 001249 CENTRE FOR ORG. EFFECT! APR CONSULTING SERVICES 001-150-999-5248 49329 05/14/98 001249 CENTRE FOR ORG. EFFECTI APR CONSULTING SERVICES 001-150-999-5248 49329 05/14/98 001249 CENTRE FOR ORG. EFFECTI APR CONSULTING SERVICES 001-110-999-5261 500.00 3,000.00 1,000.00 4,500.00 49330 05/14/98 000140 COLONIAL LIFE & ACCIDEN 000140 1500 A&S 001-2330 22.00 49330 05/14/98 000140 COLONIAL LIFE & ACClDEN 000140 600 A&S 001-2330 56.00 49330 05/14/98 000140 COLONIAL LIFE & ACCIDEN 000140 600 A&S 190-2330 39.75 49330 05/14/98 000140 COLONIAL LIFE & ACClDEN 000140 800 A&S 001-2330 66.50 49330 05/14/98 000140 COLONIAL LIFE & ACCIDEN 000140 800 A&S 190-2330 47.75 49330 05/14/98 000140 COLONIAL LIFE & ACClDEN 000140 CANCER 001-2330 107.02 339.02 49331 05/14/98 001275 COMPUSERVE, INC. 1 YR SUBSCRIPTION:INFO SERVS 320-199-999-5228 119.40 119.40 49332 05/14/98 000442 COMPUTER ALERT SYSTEMS REPAIR COMPUTER BOARD-C. HALL 340-199-701-5212 49333 05/14/98 002945 CONSOLIDATED ELECTRICAL UNOERGROUND CABLE LOCATOR 190-180-999-5242 49333 05/14/98 002945 CONSOLIOATEO ELECTRICAL SALES TAX 190-180-999-5242 1,500.00 545.00 42.24 1,500.00 587.24 49334 05/14/98 003234 COUNCIL FOR URBAN ECONO ENTRY FEE FOR CUED AWARDS 280-199-999-5250 195.00 195.00 49335 05/14/98 002697 CREATIVE LIGHTING, INC. BALLFIELD LIGHT REPAIR 190-180-999-5212 770.00 770. O0 49336 05/14/98 002106 DA FAMILY SUPPORT 002106 SUPPORT 190-2140 82.50 82.50 VOUCHRE2 CITY OF TEMECULA 05/14/98 17:29 VOUCHER/CHECK REGISTER FOR ALL PER]00S PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 49337 05/14/98 001029 DATAQUICK, INC. SUB:ANNUAL PROP. ASSESSOR DATA 320-199-999-5211 1,236.38 1,236.38 49338 05/14/98 003193 DAVID NEAULT ASSOCIATES DESIGN SRVCS FOR ROTARY PARK 190-180-999-5250 1,890.00 1,890.00 49339 05/14/98 003006 DEWITT CUSTUM PAINTING RES. IMPROV. PRG#:GALPIN 49339 05/14/98 003006 OEWITT CUSTOM PAINTING RES.IMPROV.PRGN:SLAUGHTER 165-199-813-5804 165-199-813-5804 975.00 975.00 1,950.00 49340 05/14/98 DUPREE, BERNICE REFUND:COMPUTER KIDS 190-183-4982 75.00 75.00 49341 05/14/98 001380 E S I EMPLOYMENT SERVIC TEMP HELP (2)W/E 4/24 DONAHOE 001-161-999-5118 49341 05/14/98 001380 E S I EMPLOYMENT SERVIC TEMP HELP (2)W/E 4/24 HILLBERG 165-199-999-5118 2,912.80 1,6~2.05 4,554.85 49342 05/14/98 002712 ECONUMIC & POLITICAL AN APR ECONOMIC CONSULTING SRVCS 280-199-999-5248 49343 05/14/98 001056 EXCEL LANDSCAPE RIVERTON PK-REMOVE TREE STUMP 190-180-999-5415 1,000.00 135.00 1,000.00 135.00 49344 05/14/98 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-140-999-5230 49344 05/14/98 000165 FEOERAL EXPRESS, INC. EXPRESS MAIL SERVICES 190-180-999-5230 49344 05/14/98 000165 FEOERAL EXPRESS, INC. EXPRESS MAIL SERVICES 320-199-999-5230 49344 05/14/98 000165 FEOERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-165-999-5230 49344 05/14/98 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-162-999-5230 49344 05/14/98 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 280-199-999-5230 42.25 7.75 6.25 18.90 54.50 11.80 141.45 49365 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 001-2360 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 165-2360 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 190-2360 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 191-2360 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 192-2360 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 193-2360 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 194-2360 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 280-2360 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 300-2360 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 320-2360 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 330-2360 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 340-2360 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LTD 001-2380 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LTD 165-2380 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LTD 190-2380 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LTD 191-2380 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LTD 192-2380 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LTD 193-2380 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LTD 194-2380 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LTD 280-2380 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LTD 300-2380 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LTO 320-2380 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LTD 330-2380 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 LTD 340-2380 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 STO 001-2500 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 STO 165-2500 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 STO 190-2500 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 STO 191-2500 6?7.25 16.83 143.10 .45 1.35 14.85 8.10 23.67 2.25 18.00 9.00 21.15 1,249.73 47.72 263.42 .90 2.22 27.47 13.01 56.98 3.50 44.71 8.91 32.01 1,379.54 51.27 282.99 .97 VOUCHRE2 CITY OF TEMECULA 05/14/98 17:29 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 STD 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 STO 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 STO 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 STO 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 STO 49],45 05/14/98 002002 FORTZS BENEFITS INS. CO 002002 STD 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 STD 49345 05/14/98 002002 FORTIS BENEFITS INS. CO 002002 STO 49345 05/14/98 002002 FORTIS BENEFITS INS. CO BENEFITS FOR SALAZAR 192-2500 193-2500 194-2500 280-2500 300-2500 320-2500 330-2500 340-2500 001-1990 2.40 29.51 13.96 61.23 3.76 48.03 9.57 34.39 27.70 4,631.90 49347 05/14/98 000643 FORTNER HARDWARE, INC. MAINTENANCE SUPPLIES - PARKS 49347 05/14/98 000643 FORTNER HARDWARE, INC. MISC TOOLS & EQUIP FOR MAINT 190-180-999-5212 001-164-601-5218 128.91 33.63 162.54 49348 05/14/98 000170 49348 05/14/98 000170 49348 05/14/98 000170 49348 05/14/98 000170 FRANKLIN QUEST COMPANY, FRANKLIN QUEST COMPANY, FRANKLIN QUEST COMPANY, FRANKLIN QUEST COMPANY, DAY PLANNER BINDERS & REFILLS SHIPPING AND HANDLING SALES TAX DAY PLANNER BINDERS & REFILLS 001-150-999-5220 001-150-999-5220 001-150-999-5220 001-161-999-5220 28.00 6.40 2.67 58.62 95.69 49349 05/14/98 000184 49349 05/14/98 000184 49349 05/14/98 000184 G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM 506-2626-APR-SUB-STATION 909-699-0590-APR-T.T.A. ALARM 909-699-1370-APR CABOOSE 001-170-999-5229 320-199-999-5208 001-110-999-5223 305.44 60.91 132.41 498.76 49350 05/14/98 002545 GAMBLE, MARK S. TCSD INSTRUCTOR EARNINGS 190-183-999-5330 240.00 240.00 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIOATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED 49351 05/14/98 002468 GENERAL CONSOLIDATED FINAL PMT -6TH ST PRKG C/0#7 CREDIT:OVRCHRG ITEM# 7 BACKFLW DEBIT:WRK COMPLETE:GTH ST PRKG CREDIT RETENTION:GTH ST PRKG DEBIT:BACKFLC~/ COMPLETE:6TH ST RELEASE STOP NOTICE:GTH ST PKG RELEASE STOP NOTICE:GTH ST PKG RELEASE STOP NOTICE:6TH ST PKG RELEASE STOP NOTICE:6TH ST PKG RELEASE STOP NOTICE:6TH ST PKG RELEASE STOP NOTICE:6TH ST PKG RELEASE RETENTION:6TH ST PRKG RELEASE STOP NOTICE:6TH ST PKG STOP NOTICE:GTH ST PARKING LOT REL STOP NOTICE:ONYX PAVING CO RELEASE STOP NOTICE:6TH ST RELEASE STOP NTC:RENO HAROWARE RETENTION W/H C/O #7-67H ST PK STOP NOTICE:6TH ST PARKING STOP NOTICE:6TH ST PARKING STOP NOTICE:6TH ST PARKING STOP NOTICE:6TH ST PARKING STOP NOTICE:6TH ST PARKING STOP NOTICE:6TH ST PARKING STOP NOTICE:6TH STREET PARKING STOP NOTICE:6TH ST PARKING WITHDRA~ STOP NOTICE:SIMMONS 280-199-804-5804 280-199-804-5804 280-199-804-5804 280-2035 280-199-804-5804 280-2038 280-2038 280-2038 280-2038 280-2038 280-2038 280-2035 280-2035 280-2038 280-2038 280-2038 280-2038 280-2035 280-2038 280-2038 280-2038 280-2038 280-2038 280-2038 280-2038 280-2038 280-2038 2,065.00 1,965.00- 1,500.00 150.00- 1,965.00 30,575.00 278.00 38,705.94 25,538.92 19,950.00 3,110.59 62,282.11 6,363.24 38,705.94- 6,256.62 9,648.25 1,542.00 206.50- 30,575.00- 278.00- 6,256.62- 25,538.92- 19,950.00- 3,110.59- 1,542.00- 1,912.50- 1,912.50 81,502.10 VOUCHRE2 05/14/98 17:29 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 49352 05/14/98 002920 49353 05/14/98 000178 49354 05/14/98 000378 49355 05/14/98 49356 05/14/98 001119 49357 05/14/98 000194 49357 05/14/98 000194 49357 05/14/98 000194 49357 05/14/98 000194 49358 05/14/98 003138 49358 05/14/98 003138 49359 05/14/98 001407 49359 05/14/98 001407 49360 05/14/98 000199 49361 05/14/98 0032~5 49362 05/14/98 003209 49362 05/14/98 003209 49363 05/14/98 003181 49364 05/14/98 49364 05/14/98 49365 05/14/98 49366 05/14/98 49367 05/14/98 49367 05/14/98 49368 05/14/98 49369 05/14/98 49370 05/14/98 49371 05/14/98 49371 05/14/98 05/14/98 VENDOR NAME GENERAL GOVERNMENT MGMT GOLDEN STATE TRAOING CO HAFEL!, THOMAS H IGHTO~ER, EVELYN HOUSTON & HARRIS PIPE C I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS INOUSTR IAL ASPHALT INOUSTR IAL ASPHALT INTER VALLEY POOL SUPPL INTER VALLEY POOL SUPPL INTERNAL REVENUE SERVIC INTERNATIONAL EROSION C IRVINE PHOTO GRAPHICS IRVINE PHOTO GRAPHICS JON EDt~ARDS & ASSOCIATE 001667 KELLY TEMPORARY SERVICE 001667 KELLY TEMPORARY SERVICE 0027T9 KUHNS, ALLIE L.d. ~ADDELL PLUMBING 002519 LAB SAFETY SUPPLY, INC. 002519 LAB SAFETY SUPPLY, INC. 002893 LARA, NOE LEYVA, RAY 002229 LUCE PRESS CLIPPINGS, I 000394 MAINTENANCE SUPERINTENO 000394 MAINTENANCE SUPERINTEND 001967 MANPOWER TEMPORARY SERV CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION CFD 88-12 MAPPING SERVICES MONITOR REPAIR LABOR CHARGE REIMB:98 INTEROP CF 5/7;VEGAS REFUNO:SECURITY OEPOSIT VIOEO PIPE INSPECTION 000194 OEF CC~4P 000194 OEF CC~!P 000194 DEF CONP 000194 DEF CONP A.C. FOR PUBLIC ~ORKS PAINT A.C. FOR PUBLIC ~,/ORKS HAINT POOL SANITIZING CHEHICALS POOL SANITIZING CHEMICALS 000199 IRS GARN SEM:STORMWATER MGNT 5/28 J.P. REDEVELOPMENT PHOTOGRAPHS REDEVELOPMENT PHOTOGRAPHS PHOTOGRAPHY FOR TRAOE SHO~ TEMP HELP W/E 4/26 MILES TEMP HELP ~/E 4/26 MILES REIMB:LOBBYING EXP. 5/5-6 REFO:PROPERTY OUT OF CITY LMTS SAFETY SORBENT FOR HAZMAT FREIGHT TCSD INSTRUCTOR EARNINGS REFUNO:PARK RENTALS APR PRESS CLIPPING SERVICES MEMBERSHIP RENE~AL:BURON/KICAK MEMBERSHIP RENE~AL:BURON/KICAK TEMP HELP ~/E 4/12 ROE, CALLIE ACCOUNT NUMBER 001-1280 320-199-999-5215 320-199-999-5258 190-2900 001-164-601-5402 001-2080 165-2080 190-2080 280-2080 001-164-601-5218 001-164-601-5218 190-182-999-5212 190-182-999-5212 001-2140 001-163-999-5261 280-199-999-5250 280-199-999-5250 280-199-999-5270 001-163-999-5118 001-164-604-5118 001-110-999-5260 001-162-4285 001-164-601-5218 001-164-601-5218 190-183-999-5330 190-183-4988 280-199-999-5250 001-164-601-5226 001-164-604-5226 190-180-999-5118 ITEM AMOUNT 500.00 325.00 285.45 100.00 300.00 1,858.56 18.75 276.35 29.17 8~.05 137.11 8~.14 176.62 297.04 199.00 899.49 1,2J8.13 1,082.50 8:1.20 249.60 30.00 319.50 197.02 188.00 20.00 169.06 35.00 15.00 149.64 PAGE 6 CHECK AMOUNT 500.00 325.00 285.45 100.00 300.00 2,182.83 221.16 260.76 297.04 199.00 2,137.62 1,082.50 332.80 369.46 30.00 516.52 188.00 20.00 169.06 50.00 149.64 VOUCHRE2 CITY OF TEMECULA 05/14/98 17:29 VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AHOUNT CHECK AMOUNT 49373 05/14/98 000217 HARGARITA OFFICIALS ASS ADULT SOFTBALL OFFICIALS 190-183-999-5380 2,420.00 2,420.00 49374 05/14/98 003076 MET LIFE INSURANCE CUMP 003076 DENTALML 001-2340 2,523.29 49374 05/14/98 003076 MET LIFE INSURANCE COMP 003076 DENTALML 165-2340 136.90 49374 05/14/98 003076 MET LIFE INSURANCE COMP 003076 DENTALML 190-2340 348.59 49374 05/14/98 003076 MET LIFE INSURANCE COMP 003076 DENTALML 193-2340 20.87 49374 05/14/98 003076 MET LIFE INSURANCE COMP 003076 DENTALML 280-2340 126.06 49374 05/14/98 003076 MET LIFE INSURANCE COMP 003076 DENTALML 300-2340 19.55 49374 05/14/98 003076 MET LIFE INSURANCE COMP 003076 DENTALML 340-2340 78.2.3 49374 05/14/98 003076 MET LIFE INSURANCE COHP FLAMMER/COBRA/MAY 97 001-1180 28.27 3,281.76 49375 05/14/98 00097'5 MIRACLE RECREATION EQUI ALUM ENDCAP 10" BOARD W/HDN 190-180-999-5212 25.77 49375 05/14/98 00097'5 MIRACLE RECREATION EQUI SPORTS PARKS-BLEACHERS 190-180-999-5212 1,014.00 49375 05/14/98 00097"5 MIRACLE RECREATION EQUI SALES TAX 190-180-999-5212 78.59 49375 05/14/98 000973 MIRACLE RECREATION EQUI SPTS PRK RECEPTACLE N/LINER 190-180-999-5212 349.00 49375 05/14/98 00097'5 MIRACLE RECREATION EOUI FREIGHT 190-180-999-5212 107.00 49375 05/14/98 000973 MIRACLE RECREATION EOUI SALES TAX 190-180-999-5212 27.05 1,601.41 49376 05/14/98 002925 NAPA AUTO PARTS PARTS AND SUPPLIES:PN HAINT 001-164-601-5218 15.82 15.82 49377 05/14/98 003139 NATIONAL COMMUNICATIONS MiSt REPAIR & MAINT OF EQUIP 320-199-999-5215 250.00 49377 05/14/98 003139 NATIONAL COMMUNICATIONS MISC REPAIR & MAINT OF EQUIP 320-199-999-5215 250.00 500.00 49378 05/14/98 003226 NATIONAL DECISION SYSTE DEMOGRAPHIC REPORTS:SITE485932 280-199-999-5250 244.00 244.00 49379 05/14/98 001599 NORTH COUNTY BASKETBALL BASKETBALL ASSIGNMENT FEE 190-183-999-5380 8~.00 84.00 49380 05/14/98 002139 NORTH COUNTY TIMES - AT MAR CONSTRUCTION UPDATES 001-165-999-5256 258.33 258.33 49381 05/14/98 002292 OASIS VENDING COFFEE SERV AND SUPPLIES 340-199-701-5250 430.40 430.40 49382 05/14/98 002105 OLD TONN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 141.65 49382 05/14/98 002105 OLD TCrdN TIRE & SERVICE CiTY VEHICLE REPAIRS & MAINT 001-164-601-5214 34.44 176.09 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 MLT PERS 001-2130 322.43 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2130 11.49 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2390 20,394.09 4938~ 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 165-2390 790.85 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190-2130 2.73 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190-2390 4,016.33 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 191-2390 13.12 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 192-2390 32.40 4938~ 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 193-2390 401.39 4938~ 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 194-2390 195.27 4938~ 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 280-2130 .82 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 280-2390 911.68 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 300-2390 50.84 4938~ 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 320-2390 650.10 4938~ 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 330-2390 129.58 49383 05/14/98 000246 PERS (EMPLOYEES, RETIRE 000246 PERS RET 340-2390 468.57 4938~ 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 001-2130 263.61 VOUCHRE2 05/14/98 17:29 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE 8 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NRME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 49383 05/14/98 000246 PERS (EMPLOYEES~ RETIRE 000246 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 49383 05/14/98 000246 PERS (EMPLOYEES~ RETIRE 000246 49383 05/14/98 000246 PERS (EMPLOYEES~ RETIRE 000246 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 001-2390 SURVIVOR 165-2390 SURVIVOR 190-2390 SURVIVOR 191-2390 SURVIVOR 192-2390 SURVIVOR 193-2390 SURVIVOR 194-2390 SURVIVOR 280-2390 SURVIVOR 300-2390 SURVIVOR 320-2390 SURVIVOR 330-2390 SURVIVOR 340-2390 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE OVRPNT-OEC 3 SUMMARY REPT 1522 001-110-999-5102 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE OVRPMT-OEC 3 SUMMARY REPT 1522 001-16~-604-5102 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE OVRPMT-DEC 3 SUMMARY REPT 1522 001-120-999-5102 49383 05/14/98 000246 PERS (EMPLOYEES, RETIRE OVRPMT-OEC 3 SUMMARY REPT 1522 001-140-999-5102 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE OVRPMT-DEC 3 SUMMARY REPT 1522 190-180-999-5102 49383 05/14/98 000246 PERS (EMPLOYEES' RETIRE OVRPMT-DEC 3 SUMMARY REPT 1522 193-180-999-5102 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 73.34 1.74 14.78 .05 .14 1.54 .84 2.44 1.86 .93 2.18 4.09- 4.09- 11.91- 9.16- 8.83- .47- AETNA SO 165-2090 102.29 AETNA SO 280-2090 34.09 BLSHIELO 190-2090 54.07 HELTHNET 001-2090 371.50 HELTHNET 190-2090 88.65 HELTHNET 340-2090 15.35 KAISERSO 001-2090 30.6~ PACIFICR 001-2090 162.59 PAClFICR 190-2090 35.80 PACIFICR 193-2090 1.88 PERS CHO 001-2090 177.32 PERS REV 001-2090 1,074.18- AETNA SO 001-2090 161.59 AETNA SO 165-2090 212.83 AETNA SO 280-2090 70.93 BLSHIELO 001-2090 719.70 BLSHIELD 190-2090 359.62 BLSHIELD 280-2090 1.19 CIGNA 001-2090 844.52 CIGNA 300-2090 39.44 HELTHNET 001-2090 5,178.34 HELTHNET 190-2090 1,408.07 HELTHNET 191-2090 15.53 HELTHNET 192-2090 31.05 HELTHNET 193-2090 310.50 HELTHNET 194-2090 46.57 HELTHNET 280-2090 1.89 HELTHNET 330-2090 155.25 HELTHNET 340-2090 791.97 KAISERSO 001-2090 2,092.49 KAISERSO 190-2090 148.83 PACIFICR 001-2090 3,758.26 28,716.82 VOUCHRE2 CITY OF TEMECULA 05/14/98 17:29 VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 190-2090 674.45 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 193-2090 19.00 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 194-2090 104.45 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 PC 001-2090 480.55 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 001-2090 2,399.86 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 280-2090 320.00 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 PERS DED 001-2090 1,047.23 49385 05/14/98 000245 PERS (HEALTH INSUR. PRE 000245 PERS-AOM 001-2090 105.37 21,499.48 49386 05/14/98 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 001-2122 50.77 50.77 49387 05/14/98 000580 PHOTO WORKS FILM & PHOTO DEVELOPING 190-180-999-5301 49387 05/14/98 000580 PHOTO WORKS FILM & PHOTO DEVELOPING 001-165-999-5250 49387 05/14/98 000580 PHOTO b~RKS FILM & PHOTO OEVELOPING 001-161-999-5250 23.41 36.52 103.62 163.55 49388 05/14/98 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 001-120-999-5230 49388 05/14/98 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 001-140-999-5230 49388 05/14/98 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 001-165-999-5230 49388 05/14/98 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 001-161-999-5230 86.15 19.40 10.75 32.25 148.55 49389 05/14/98 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: PA98-0129 001-161-999-5256 49389 05/14/98 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: RV 001-161-999-5256 49389 05/14/98 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: VENDOR NOTICE 001-120-999-5256 49389 05/14/98 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: PA98-0170 001-120-999-5256 49389 05/1&/98 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: PA98-0017 001-161-999-5256 49389 05/14/98 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: WHFA 98-01 001-120-999-5256 49389 05/14/98 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: 98-06 001-120-999-5256 49389 05/14/98 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: 8.16.010 001-120-999-5256 49389 05/14/98 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: 98-08 001-120-999-5256 49389 05/14/98 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: 10.16.042 001-120-999-5256 49389 05/14/98 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: 98-05 001-120-999-5256 18.75 17.75 9.25 21.75 18.00 8.00 8.50 6.25 10.00 8.25 9.25 135.75 49390 05/14/98 000255 PRO LOCK & KEY LOCKSMITH SERVICES - CRC 190-182-999-5212 109.05 109.05 49391 05/14/98 000981 R H F INC. RADAR EQUIPMENT MAINTENANCE 001-170-999-5215 49391 05/14/98 000981 R H F IHC. RADAR EQUIPMENT MAINTENANCE 001-170-999-5215 49391 05/14/98 000981 R H F INC. RAOAR EQUIPMENT MAINTENANCE 001-170-999-5215 57.00 57.00 57.00 171.00 49392 05/14/98 000728 RAMSEY BACKFLCYd & PLUMB LDSCP REPAIRS/VARIOUS SITES 193-180-999-5415 99.00 99.00 49393 05/14/98 000262 RANCHO CALIFORNIA WATER 01-99-02003-0 FLOATING METER 001-164-601-5250 49393 05/14/98 000262 RANCHO CALIFORNIA WATER 01-06-30205-0 SIXTH ST-LSCP 001-164-603-5240 49393 05/14/98 000262 RANCHO CALIFORNIA WATER 01'06-30206-0 SIXTH ST-LSCP 001-164'603'5240 49393 05/14/98 000262 RANCHO CALIFORNIA WATER 01-06-84860-5 PUJOL STREET 280-199-807-5804 49393 05/14/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-180-999-5240 49393 05/14/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 193-180-999-5240 49393 05/14/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-181-999-5240 49393 05/14/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-184-999-5240 49393 05/14/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 191-180-999-5240 49393 05/14/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-182-999-5240 49393 05/14/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 340-199-701-5240 187.02 32.50 33.63 50.73 2,675.43 1,369.14 107.74 188.24 116.88 585.19 393.16 5,739.66 VOUCHRE2 CITY OF TEMECULA 05/14/98 17:29 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 10 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AHOUNT 49394 05/14/98 000907 RANCHO CAR WASH CITY VEHICLE DETAILING 190-180-999-5214 49394 05/14/98 000907 RANCHO CAR WASH CITY VEHICLE DETAILING 001-162-999-5214 49394 05/14/98 000907 RANCHO CAR WASH VEHICLE DETAILING & GAS 001-110-999-5214 49394 05/14/98 000907 RANCHO CAR WASH VEHICLE DETAILING & GAS 001-110-999-5263 49394 05/14/98 000907 RANCHO CAR WASH VEHICLE DETAILING & HAINT. 001-163-999-5214 39.00 39.00 18.00 41.80 12.00 149.80 49395 05/14/98 RE[DINGER, LORRAINE D. REFD:DISMISSED PRK CIT #20611 001-170-4055 49395 05/14/98 REIDINGER, LORRAINE O. REFD:DISMISSED PRK CIT #20611 001-2260 49395 05/14/98 REIDINGER, LORRAINE D. REFD:DISMISSED PRK CIT #20611 001-2265 270.00 5.00 50.00 325.00 49396 05/14/98 002412 RICHARDS, WATSON & GERS LEGAL SERVS:STULL V. BOA NT 001-130-999-5246 49396 05/14/98 002412 RICHAROS, WATSON & GERS LEGAL SERVS:STULL V. BOA (RDA) 001-130-999-5246 49396 05/14/98 002412 RICHAROS, WATSON & GERS MARCH 98 LEGAL SERVICES 001-130-999-5246 49396 05/14/98 002412 RICHAROS, WATSON & GERS MARCH 98 LEGAL SERVICES 001-130-999-5246 49396 05/14/98 002412 RICHAROS, WATSON & GERS MARCH 98 LEGAL SERVICES 001-130-999-5246 49396 05/14/98 002412 RICHARDS, WATSON & GERS MARCH 98 LEGAL SERVICES 001-130-999-5246 49396 05/14/98 002412 RICHARDS, WATSON & GERS MARCH 98 LEGAL SERVICES 001-130-999-5246 49396 05/14/98 002412 RICHARDS, WATSON & GERS MARCH 98 LEGAL SERVICES 001-130-999-5246 49396 05/14/98 002412 RICHAROS, WATSON & GERS MARCH 98 LEGAL SERVICES 001-1280 49396 05/14/98 002412 RICHAROS, WATSON & GERS MARCH 98 LEGAL SERVICES 001-130-999-5246 49396 05/14/98 002412 RICHAROS, WATSON & GERS MARCH 98 LEGAL SERVICES 001-1280 49396 05/14/98 002412 RICHARDS, WATSON & GERS MARCH 98 LEGAL SERVICES 001-130-999-5246 49396 05/14/98 002412 RICHAROS, WATSON & GERS MARCH 98 LEGAL SERVICES 001-2640 49396 05/14/98 002412 RICHARDS, WATSON & GERS MARCH 98 LEGAL SERVICES 300-199-999-5246 49396 05/14/98 002412 RICHARDS, WATSON & GERS MARCH 98 LEGAL SERVICES 001-1280 49396 05/14/98 002412 RICHARDS, WATSON & GERS MARCH 98 LEGAL SERVICES 300-199-999-5246 49396 05/14/98 002412 RICHAROS, WATSON & GERS MARCH 98 LEGAL SERVICES 300-199-999-5246 49396 05/14/98 002412 RICHARDS, WATSON & GERS MARCH 98 LEGAL SERVICES 001-130-999-5246 49396 05/14/98 002412 RICHAROS, WATSON & GERS MARCH 98 LEGAL SERVICES 001-130-999-5246 49396 05/14/98 002412 RICHAROS, WATSON & GERS MARCH 98 LEGAL SERVICES 300-199-999-5246 49396 05/14/98 002412 RICHAROS, WATSON & GERS MARCH 98 LEGAL SERVICES 300-199-999-5246 49396 05/14/98 002412 RICHAROS, WATSON & GERS MARCH 98 LEGAL SERVICES 300-199-999-5246 49396 05/14/98 002412 RICHARDS, WATSON & GERS MARCH 98 LEGAL SERVICES 300-199-999-5246 49396 05/14/98 002412 RICHAROS, WATSON & GERS MARCH 98 LEGAL SERVICES 300-199-999-5246 49396 05/14/98 002412 RICHAROS, WATSON & GERS MARCH 98 LEGAL SERVICES 001-130-999-5246 49396 05/14/98 002412 RICHARDS, WATSON & GERS MARCH 98 LEGAL SERVICES 001-1280 49396 05/14/98 002412 RICHARDS, WATSON & GERS MARCH 98 LEGAL SERVICES 300-199-999-5246 49396 05/14/98 002412 RICHARDS, WATSON & GERS MARCH 98 LEGAL SERVICES 280-199-999-5246 49396 05/14/98 002412 RICHAROS, WATSON & GERS MARCH 98 LEGAL SERVICES 280-199-999-5246 49398 05/14/98 000271 ROBERT BEIN, gM FROST & MAR PROF SERVS:WINCH MEDIAN 210-165-686-5802 49399 05/14/98 00027-/ S & S ARTS AND CRAFTS, RECREATION SUPPLIES FOR TCC 190-184-999-5301 714.56 952.70 8,969.46 4,321.50 3,642.25 1,220.75 154.00 14.00 1,008.74 198.00 1,773.00 1,463.64 94.83 90.00 12.48 663.50 5,574.43 2,374.73 112.50 1,786.37 1,430.50 240.50 3,419.15 255.0O 12,387.76 6,586.75 3,449.19 4,088.85 84.00 4,370.00 61.08 67,083.14 4,370.00 61.08 49400 05/14/98 SAN DIEGO ASSOCIATION 0 BK:BRIEF GUIDE OF VEH TRAFFIC 001-164-602-5228 45.00 45.00 49401 05/14/98 000403 SHAWN SCOTT POOL & SPA POOL MAINT TEM ELEM SCHL:APR 190-180-999-5212 400.00 400.00 49402 05/14/98 000645 SMART & FINAL, INC. RECREATION ACTIVITIES SUPPLIES 190-184-999-5301 122.19 172.19 49403 05/14/98 000988 SOLANO PRESS BOOKS BK:RDA CA 95 & 98 SUPPLEMENT 001-161-999-5228 65.13 65.13 VOUCHRE2 CITY OF TEMECULA 05/14/98 17:29 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEH ACCOUNT ITEH NUMBER DATE NUMBER NAME DESCRIPTION NUHBER AMOUNT CHECK AMOUNT 49404 05/14/98 000519 SOUTH COUNTY PEST CONTR PEST CONTROL SERVS-CITY HALL 340-199-701-5250 56.00 56.00 49405 05/14/98 000537 SOUTHERN CALIF EDISON 2-11-007-0455 SIXTH ST 001-164-603-5240 236.93 49405 05/14/98 000537 SOUTHERN CALIF EDISON 2-10-331-2153 PUJOL 190-184-999-5240 609.43 49405 05/14/98 000537 SOUTHERN CALIF EDISON 2-02-]51-5281 RANCHO VISTA 190-182-999-5240 3,952.T5 4,799.09 49406 05/14/98 000563 T E A M COMMUNITY PANTR 97-98 COMM SERV FUNDING GRANT 001-101-999-5267 5,000.00 5,000.00 49407 05/14/98 000305 TARGET STORE RECREATION ACTIVITIES SUPPLIES 190-180-999-5301 42.71 42.71 49408 05/14/98 001547 TEAMSTERS LOCAL 911 001547 UN DUES 001-2125 543.25 49408 05/14/98 001547 TEAMSTERS LOCAL 911 001547 UN OUES 165-2125 2.46 49408 05/14/98 001547 TEAMSTERS LOCAL 911 001547 UN DUES 190-2125 82.00 49408 05/14/98 001547 TEAMSTERS LOCAL 911 001547 UN OUES 191-2125 1.0] 49408 05/14/98 001547 TEAMSTERS LOCAL 911 001547 UN DUES 192-2125 2.05 49408 05/14/98 001547 TEAMSTERS LOCAL 911 001547 UN OUES 19]-2125 14.35 49408 05/14/98 001547 TEAMSTERS LOCAL 911 001547 UN DUES 194-2125 49408 05/14/98 001547 TEAMSTERS LOCAL 911 001547 UN DUES 280-2125 7.79 49408 05/14/98 001547 TEAMSTERS LOCAL 911 001547 UN DUES 320-2125 20.50 676.50 49409 05/14/98 000700 TEMECULA ARTS COUNCIL RESERVATION:MAYOR'S BALL 5/29 001-110-999-5260 65.00 49409 05/14/98 000700 TEMECULA ARTS COUNCIL RESERVATION:MAYOR'S BALL 5/29 001-100-999-5260 195.00 260.00 49410 05/14/98 001672 TEMECULA DRAIN SERV & P PLUMBING SERVS:N/S FIELD MARG 190-180-999-5212 47.00 47.00 49411 05/14/98 000]07 TEMECULA TROPHY CO. SPORT ACTIVITIES TROPHIES 190-183-999-5380 79.20 79.20 49412 05/14/98 000]06 TEMECULA VALLEY PIPE & PALA PRK AIR-TRAP VALUE ASSMBY 190-180-999-5212 633.80 49412 05/14/98 000]06 TEMECULA VALLEY PIPE & SALES TAX 190-180-999-5212 49.0] 682.83 49413 05/14/98 001403 TEMECULA VALLEY SOCCER 97-98 COMH SERV FUNDING GRANT 001-101-999-5267 5,000.00 49414 05/14/98 000642 TEMECULA, CITY OF - FLE REIMB ACCOUNT PR 05/14/98 001-1020 3,579.84 49414 05/14/98 000642 TEMECULA, CITY OF - FLE REIMB ACCOUNT PR 05/14/98 165-1020 296.25 49414 05/14/98 000642 TEMECULA, CITY OF - FLE REIMB ACCOUNT PR 05/14/98 190-1020 480.00 49414 05/14/98 000642 TEMECULA, CITY OF - FLE REIMB ACCOUNT PR 05/14/98 280-1020 208.75 49414 05/14/98 000642 TEMECULA, CITY OF - FLE REIMB ACCOUNT PR 05/14/98 300-1020 9.50 49414 05/14/98 000642 TEMECULA, CITY OF - FLE REIMB ACCOUNT PR 05/14/98 ]20-1020 ]50.00 49415 05/14/98 TIN KERR CONSTRUCTION REFUND: OVRPMT CITATION #18464 001-170-4055 50.00 5,000.00 4,924.34 50.00 49416 05/14/98 000319 TOMARK SPORTS, INC. RECREATION SUPPLIES & EQUIPMNT 190-183-999-5380 39.04 39.04 49417 05/14/98 000320 TOMHE CENTER STATIONERS MISC OFFICE SUPPLIES 001-164-604-5220 330.66 49417 05/14/98 000320 TO~NE CENTER STATIONERS MISC OFFICE SUPPLIES 001-165-999-5220 384.16 714.82 49418 05/14/98 002107 TRANS-GENERAL LIFE INS. 002107 VL REVER 001-2510 218.75- 49418 05/14/98 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 001-2510 16].90 49418 05/14/98 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 165-2510 5.50 49418 05/14/98 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 190-2510 39.85 49418 05/14/98 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 280-2510 5.50 VOUCHRE2 CITY OF TEMECULA 05/14/98 17:29 VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE 12 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 49418 05/14/98 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 49418 05/14/98 002107 TRANS-GENERAL LIFE INS. 002107 VL ADVAN 49418 05/14/98 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 49418 05/14/98 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 49418 05/14/98 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 49418 05/14/98 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 49418 05/14/98 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 49418 05/14/98 002107 TRANS-GENERAL LIFE INS. SALAZAR/MAY PREMIUM 340-2510 4.00 001-2510 203.20 001-2510 159.35 165-2510 11.01 190-2510 39.85 280-2510 10.99 340-2510 4.00 001-1170 9.10 437.50 49419 05/14/98 001065 U S C N /PEBSCO (DEF. C 001065 DEF COMP 49419 05/14/98 001065 U S C M /PEBSCO (OEF. C 001065 OEF COMP 49419 05/14/98 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 49419 05/14/98 001065 U S C M /PEBSCO (OEF. C 001065 DEF COMP 49419 05/14/98 001065 U S C M /PEBSCO (OEF. C 001065 DEF COMP 49419 05/14/98 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 49419 05/14/98 001065 U S C M /PEBSCO (OEF. C 001065 OEF COMP 49419 05/14/98 001065 U S C M /PEBSCO (OEF. C 001065 OEF COMP 49419 05/14/98 001065 U S C M /PEBSCO (OEF. C 001065 DEF COMP 49419 05/14/98 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 001-2080 3,907.22 165-2080 188.39 190-2080 1,572.97 192-2080 .75 193-2080 24.32 194-2080 90.83 280-2080 355.07 300-2080 10.00 320-2080 666.66 340-2080 154.82 6,971.03 49420 05/14/98 000389 U S C M /PEBSCO COBRA) 000389 ADD OBRA 49420 05/14/98 000389 U S C M /PEBSCO COBRA) 000389 ADO OBRA 49420 05/14/98 000389 U S C M /PEBSCO COBRA) 000389 PT RETIR 49420 05/14/98 000389 U S C M /PEBSCO COBRA) 000389 PT RETIR 49420 05/14/98 000389 U S C M /PEBSCO COBRA) 000389 PT RETIR 49420 05/14/98 000389 U S C M /PEBSCO COBRA) 000389 PT RETIR 49420 05/14/98 000389 U S C M /PEBSCO COBRA) 000389 PT RETIR 49420 05/14/98 000389 U S C M /PEBSCO COBRA) CORRECT OVER POSTING 49420 05/14/98 000389 U S C M /PEBSCO COBRA) CORRECT OVER POSTING 165-2160 80.81 280-2160 26.94 001-2160 472.38 165-2160 141.59 190-2160 839.86 280-2160 38.28 340-2160 62.42 165-2160 80.81- 280-2160 26.94- 1,554.53 49421 05/14/98 003228 U.S. BANK TRUST NATIONA AOMIN FEE:TCSD BOND MAINT 390-199-999-5227 1,184.50 1,184.50 49422 05/14/98 002621 49422 05/14/98 002621 49422 05/14/98 002621 49422 05/14/98 002621 49422 05/14/98 002621 49422 05/14/98 002621 49422 05/14/98 002621 49422 05/14/98 002621 49422 05/14/98 002621 49422 05/14/98 002621 UNION BANK OF CAL[F N. UNION BANK OF CAL[F N. UNION BANK OF CALIF N. UNION BANK OF CALIF N. UNION BANK OF CALIF N. UNION BANK OF CALIF N. UNION BANK OF CALIF UNION BANK OF CALIF N. UNION BANK OF CALIF N. UNION BANK OF CALIF, N. 5415305001995969 GT/BOSTON MA 5415305001995969 GT/BOSTON MA 5415305001995969 GT/BOSTON MA 5415305001995928 MJM\MISC SUPP 5415305001995928 MdM\MISC SUPP 5415305001995928 MJM\MISC SUPP 5415305001995928 MJM\MISC SUPP 5415305001995928 MJM\MISC SUPP 5415305001995928 MJM\MISC SUPP 5415305001995928 MJM\MISC SUPP 001-161-999-5261 92.00 001-161-999-5258 421.53 001-1990 1~.17 280-199-999-5220 30.06 165-199-999-5220 30.06 280-199-999-5258 6.00 280-199-999-5228 35.00 280-199-999-5228 71.45 280-199-999-5260 35.29 280-1990 16.77 904.33 49423 05/14/98 000325 49423 05/14/98 000325 49423 05/14/98 000325 49423 05/14/98 000325 49423 05/14/98 000325 49423 05/14/98 000325 49423 05/14/98 000325 UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY 000325 UW 000325 uw 000325 uw 000325 UW 000325 uw 000325 uw OOO325 UW 001-2120 152.00 165-2120 1.00 190-2120 34.80 192-2120 .15 193-2120 .75 194-2120 4.00 340-2120 .30 193.00 VOUCHRE2 05/15/98 VOUCHER/ CHECK NUMBER 49431 49432 49432 49432 49432 49432 49432 49432 49432 49432 49432 49433 49433 49433 49433 49434 49435 49436 49436 49436 49437 49437 49437 49438 11:02 CHECK DATE 05/26/98 05/26/98 05/26/98 05/26/98 05/26/98 05/26/98 05/26/98 05/26/98 05/26/98 05/26/98 05/26/98 O5/26/98 05/26/98 05/26/98 05/26/98 05/26/98 05/26/98 05/26/98 05/26/98 05/26/98 05/26/98 05/26/98 05/26/98 05/26/98 VENDOR NUMBER 001916 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 001056 001056 001056 001056 001091 002666 002980 002980 002980 003218 003218 003218 002822 VENDOR NAME ALBERT A. WEBB ASSOCIAT CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA CALIFORNIA LANOSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANOSCAPE HA CALIFORNIA LANOSCAPE HA CALIFORNIA LANOSCAPE MA CALIFORNIA LANDSCAPE HA CALIFORNIA LANOSCAPE MA EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE KEYSER MARSTON ASSCOIAT HASON & HASON REAL ESTA MOD CRAFT, INC MOO CRAFT, INC MOO CRAFT, INC PELA/THE ELLIOTT GROUP PELA/THE ELLIOTT GROUP PELA/THE ELLIOTT GROUP PROFESSIONAL HOSPITAL S CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION MAR PROF SRVCS-l-15 BRIDGE APR LDSC MAINT:SP,MEDIAN/SLOPE APR LDSC MAINT:SP,MEDIAN/SLOPE APR LDSC NAINT:SP,MEDIAN/SLOPE APR LDSC MAINT:SP,MEOIAN/SLOPE APR LDSC MAINT:SP,MEDIAN/SLOPE APR LDSC MAINT:SP,MEOIAN/SLOPE APR LOSC MAINT.-M. FACILITY APR LDSC MAINT -STATION #84 CREDIT:APR LDSC MAINTENANCE CREDIT:APR LDSC MAINTENANCE APR LDSC MAINTENANCE - PARKS APR LDSC MAINTENANCE - SLOPES CREDIT:APR LDSC MAINTENANCE CREDIT:APR LOSC MAINTENANCE MAR OLD TOUN MARKET ANALYSIS APPRAISERS:ROAO WIDENING PRJT APR PRGSS:ADA PARK IMPRVMTS APR PRGSS:ADA PARK IMPRVMTS APR PRGSS:ADA PRK IMPRVMT:RET REVIEW LANDSCAPE PLAN-PLANNING REVIEW LANDSCAPE PLAN-PLANNING REVIEW LANDSCAPE PLAN-PLANNING OWNER PARTICIPATION AGRMT 2pmt ACCOUNT NUMBER 210-165-601-5801 190-180-999-5415 190-181-999-5415 190-182-999-5415 190-184-999-5415 191-180-999-5415 193-180-999-5415 340-199-701-5415 001-171-999-5212 190-180-999-5415 193-180-999-5415 190-180-999-5415 193-180-999-5415 190-180-999-5415 193-180-999-5415 280-199-999-5248 210-165-681-5801 210-190-137-5804 210-190-148-5804 210-2035 001-161-999-5250 001-161-999-5250 001-161-999-5250 280-199-999-5276 ITEM AMOUNT 10,590.26 17,250.00 246.00 1,593.00 325.00 987.00 11,521.00 496.00 250.00 281.00- 437.49- 8,961.00 8,813.00 160.64- 17.20- 13,722.50 8,170.80 6,759.06 27,120.94 3,388.00- 8,060.00 5,610.00 2,870.00 33,333.33 PAGE 1 CHECK AMOUNT 10,590.26 31,949.51 17,596.16 13,722.50 8,170.80 30,492.00 16,540.00 33,333.33 TOTAL CHECKS 162,394.56 VOUCHRE2 05/14/98 VOUCHER/ CHECK NUMBER 49424 49424 49425 49425 49425 49425 49425 49425 49426 49426 49426 49426 49426 49427 49427 17:29 CHECK DATE 05/14/98 05/14/98 05/14/98 05/14/98 05/14/98 05/14/98 05/14/98 05/14/98 05/14/98 05/14/98 05/14/98 05/14/98 05/14/98 05/14/98 05/14/98 VENDOR NUMBER 000524 000524 001209 001209 001209 001209 001209 001209 000345 000345 VENDOR NAME VAN TECH ENGINEERING, VAN TECH ENGINEERING, VAULT INC., THE VAULT INC., THE VAULT INC., THE VAULT INC., THE VAULT INC., THE VAULT INC., THE WESTSIDE CITY I,LLC WESTSIDE CITY I,LLC WESTSIDE CITY I,LLC NESTSIDE CITY I,LLC WESTSIDE CITY I,LLC XEROX CORPORATION BILLI XEROX CORPORATION BILLI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION HAINT SUPPLIES;LAND DEVELOPMNT SALES TAX CART CTNR - T20 ARCHIVAL DATA STORAGE MICROBOX ARCHIVAL APERTURE CARO BOX ARCHIVAL LEASEO CTNR/INSERT CONT. 604 LEASEO CTNR/MICROBOX 6~8 APERTURE CARD BOX 686 REL OF SECURITIES:LD97-OO1MP REL OF SECURITIES:LD97-OO1MP REL OF SECURITIES:LO96-O61MP REL OF SECURITIES:LD97-OO3MP REL OF SECURITIES:LD97-OO3MP 5765 COLOR COPY USAGE LEASE OF 5021 COPIER ~ CRC ACCOUNT NUMBER 001-163-999-5218 001-163-999-5218 001-120-999-5277 001-120-999-5277 001-120-999-5277 001-120-999-52T7 001-120-999-5277 001-120-999-527'/ 001-2670 001-2670 001-2670 001-2670 001-2670 330-199-999-5217 190-182-999-5239 ITEM N40UNT 277.48 20.12 416.52 15.48 38.70 48.00 8.00 20.00 51,000.00 3,000.00 2,000.00 10,574.00 3,000.00 385.16 67.08 PAGE 13 CHECK AMOUNT 297.60 546.70 69,574.00 452.24 TOTAL CHECKS 420,247.33 VOUCHRE2 05/15/98 11:02 CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE FUND TITLE 001 GENERAL FUND 190 COHHUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 210 CAPITAL I#PROVE#ENT PROJ FUND 280 REDEVELOPHENT AGENCY - FACILITIES AHOUNT 16,790.00 27,933.36 987.00 19,879.31 49,253.06 47,055.83 496.00 TOTAL 162,394.56 ITEM 4 APPROVAL CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Anthony J, Elmo/~ Chief Building Official DATE: May 26, 1998 SUBJECT: Award of Professional Services Services Agreement for Weed Abatement RECOMMENDATION: That the City Council approve a Professional Services Agreement, for weed abatement services, with Fire Prevention Services, Inc. BACKGROUND: The Building and Safety Department has utilized Fire Prevention Services, Inc. to perform weed abatement services for the past year and it is recommended that this contract be extended for another two years. Fire Prevention Services, Inc. has done weed abatement for the City at no cost. The contract activities involve the inspection, posting, noticing of property owners by mail and the forced abatement of weeds on parcels within the city limits. Collection of costs for forced weed abatement will be handled by the contractor. The City will process any recordation of special assessments as a result of non-payment of forced abatement, along with the appropriate administrative fees, to cover the cost of recordation. FISCAL IMPACT: The fiscal impact to the City with this agreement will be the cost incurred for the recording of any Special Assessments against parcels for forced abatement. There will be adequate funds available, through the budget for fiscal year 1998-1999, in Account No. 001-162-999-5440, "Weed Abatement", for this purpose. Attachments: Agreement Exhibit "A" Exhibit "B" R:\brockmie\agenda\weeds98.cb CITY OF TEMECULA AGREEMENT FOR WEED ABATEMENT SERVICES THIS AGREEMENT, is made and effective as of May 26, 1998, between the City of Temecula, a municipal corporation ("City") and Fire Prevention Services, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: SECTION 1. TERM. This Agreement shall commence on May 26, 1998 and shall remain and continue in effect until tasks described herein are completed, but in no event later than May 26, 2000, unless sooner terminated pursuant to the provisions of this Agreement. SECTION 2. SERVICES. Contractor shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. SECTION 3. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. SECTION 4. PAYMENT. a. Contractor shall be responsible for the collection of fees, as outlined in Exhibit B, of this agreement, for any services rendered in connection with its performance of this Agreement. b. Contractor shall invoice property owners directly for forced abatement services performed in accordance with the performance of this Agreement. City shall not be responsible for payment of such invoice. c. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor, at the time City's written authorization is given to Contractor for the performance of said services. -1- d. The City shall record a "Special Assessment" against certain parcels for non-payment of forced abatement costs to Contractor upon request, accompanied by appropriate documentation of same. City shall charge an appropriate administrative fee for such recordation filing. e. The City, upon receipt of Special Assessments from the County Assessor, shall reimburse said Special Assessments to contractor, less city administrative fees assessed for recordation. SECTION 5. 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 contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor 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 Contractor 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 Contractor will submit an invoice to the City pursuant to Section 3. SECTION 6. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor 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 -2- terminate this Agreemere without further notice and without prejudice to any other remedy to which it may be emitled at law, in equity or under this Agreemere. SECTION 7. OWNERSHIP OF DOCUMENTS. a. Contractor 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 Agreemere. Coreractor shall maintain adequate records of services provided in sufficiem detail to permit an evaluation of services. All such records shall be maimained in accordance with generally accepted accouming principles and shall be clearly idemified and readily accessible. Coreractor shall provide free access to the represematives 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 therefrom as necessary, and shall allow inspection of all work, data, documems, proceedings and activities related to this Agreement. Such records, together with supporting documems, shall be maintained for a period of three (3) years after receipt of final paymere. b. Upon completion of, or in the evem of termination or suspension of this Agreemere, all original documems, designs, drawings, maps, models, computer files, surveys, notes, and other documems prepared in the course of providing the services to be performed pursuant to this Agreemere 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 Contractor. With respect to computer files, Coreractor 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 priming computer files. SECTION 8. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. SECTION 9. INSURANCE REQUIREMENTS. Contractor 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 Contractor, its agents, representatives, or employees. -3- a. Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering automobile Liability, code 1 (any auto). Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Errors and omissions liability insurance appropriate to the consultant's profession. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $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: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed -4- by operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed the Contractor. 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 Contractor'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 Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor'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. (s) 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 City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. SECTION 10. INDEPENDENT CONTRACTOR. a. Contractor 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 Contractor shall at all times be under Contractor's exclusive direction and control. Neither -5- City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor 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. Contractor s hall 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 Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indenmification to Contractor for injury or sickness arising out of performing services hereuncle r. SECTION 11. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor 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 Contractor to comply with this section. SECTION 12. RELEASE OF INFORMATION. a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to 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 Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, 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 thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. -6- SECTION 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, 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: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Fire Prevention Services, Inc. P.O. Box 2012 Alpine, CA 91903-2012 Attn: Ken Osborne SECTION 14. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Contractor shall perform the services described in this Agreement. Contractor may use assistants, under their direct supervision, to perform some of the services under this Agreement. Contractor shall provide City fourteen (14) days' notice prior to the departure of assistants from Contractor's employ. Should he or she leave Contractor's employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Contractor'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 Contractor. SECTION 15. LICENSES. At all times during the term of this Agreement, Contractor shall have in ful 1 force and effect, all licenses required of it by law for the performance of the services described in this Agreement. -7- SECTION 16. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreemere and also govern the imerpretation of this Agreement. Any litigation concerning this Agreemere shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. SECTION 17. PREVAILING WAGE REQUIREMENTS. In accordance with the provisions of the California Labor Code, not less than the general prevailing rate of per diem wages by each craft or type of worker needed to execute the coreract in the locality in which the work is to be performed, as determined by the Director of Industrial Relations of the State of California, shall be paid to all worker employed. Contractor shall be responsible for all reporting required by the Labor Code and for all remedies and penalties imposed by the Labor Code and/or the Director of Industrial Relations for violation s of these requiremeres. SECTION 18. SPECIAL PROVISIONS. The following special provisions shall be applicable to the work of the Contractor in addition to the provisions set forth in Exhibit A: a. Contractor shall not begin weed abatemere work on a parcel of property without the express written determination of the Director of Building and Safety, or his designee, that the work should proceed. b. Contractor shall not provide weed abatement services on a private contract basis with the owner of any parcels of property which the Coreractor, or its employees, will inspect as part of its duties under this Agreemere, or which would be subject to the City's weed abatemere program. SECTION 19. ENTIRE AGREEMENT. This Agreemere comains the eraire understanding between the parties relating to the obligations of the parties described in this Agreemere. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreemere and shall be of no further force or effect. Each party is emering i mo this Agreemere based solely upon the representations set forth herein and upon each party's own independem investigation of any and all facts such party deems material. -8- SECTION 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represems that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor 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 By Attest: Ron Roberts Mayor Susan W. Jones, CMC Acting City Clerk Approved As to Form: Peter M. Thorson City Attorney Contractor FIRE PREVENTION SERVICES, INC. By -9- Ken Osborne President EXHIBIT A TASKS TO BE PERFORMED SCOPE OF WORK The program consist of identifying real property that contain hazardous vegetation and the processing of these parcels for abatement, in accordance witt all applicable federal, state and local laws, rules, regulations, ordinances and permits issued pursuant thereto. The annual program shall generally commence on April 1 of each year and be completed by July 31st of the same year. This program shall continue on an as needed basis on al- parcels not included in the annual program. Abatement is generally accomplished in two (2) ways. The first is by voluntary abatement by the parcel owner, and second is forced abatement which is done by City contractors. The consultant will be responsible for identifying and posting all parcels containing hazardous vegetation, (consisting of installing on site a wooden stake w'.th an abatement notice attached), and mailing the property owner the abatement notice, (via certified mail). Following the expiration of the allotted abatement period, performing follow up inspe:tions to determine if compliance ha s been achieved. On all parcels where substantial work has been performed but found to be inadequate in removing the hazardous condition, owner will. be notified of such deficiencies and given five (5) days to fully abate the hazardous conditions. The Director of Building and Safety shall determine which parcels shall be abated by the contractor. Abatement shall comply with the requirements of the Specifications, as provided in Section I below. The contractor shall be responsible for collection of abatement costs by directly invoicing all parcels where forced abatement has occurred. Contractor shall document all costs of abatement and prepare necessary documents and reports for the costs assessment hearings for all parcels where payment of forced abatement costs have not been received. Such parcels are then assessed, by the City, a "Special Assessment" for the costs assessment hearing for all parcels where payment of forced abatement costs have not been received. Such parcels are then assessed, by the City, a "Special Assessment" for the cost of the abatement work along with an appropriate administrative fee. The program wil 1 be monitored by the Code Enforcement staff which will be available to assist with problems or questions. Section I SPECIFICATIONS DISCING: Weed abatement by discing shall be accompEshed by discing with a double-throw disc at sufficient depth to place all weeds under the surface. Discing is the plowing of weeds using reasonable care so as to not disturb under/over ground utilities, destruction to fencing, trees, bushes, buildings, equipment, supplies or adjoining land, including fire due to reckless/negligent discing of land. Wherever practical and unless otherwise specified, discing is to be considered the primary method of abating weeds. -10- 1. Cross dischag - Where the nature of the soil is such that it is not receptive to the cutting edge of the discs, the area shall be cross disced to reduce the magnitude of any exposed combustibles. 2. Special Discing Conditions - Where the nature of the soil is such that it is not receptive to the cutting edge of the disc being used and where the cross discing fails to meet the standards of the Hazardous Reduction Program, it shall be the responsibility of the firm to provide the proper equipment to accomplish the approved cleanhag. 3. Dust Control - During windy conditions, the fu'm shall postpone work until the wind subsides or watering is provided to minimize blowing dust. EQUIPMENT - The Firm selected shall furnish tractors, discs, mowers, etc in all areas suitable to complete the job of dischag property. The fu-m shall provide transportation to and from the job sites, for his equipment and all necessary fuel, etc., at his own expense. Flail mowing may be necessary in areas where environmental concerns won't allow discing. Qualified Personnel/operators ~ All personnel involved in this program, must be a Fire Certified Inspector and a qualified, cooperative, experienced tractor operator. All tractor s and other equipment will be maintained by the fLrm at their expense and on his own time. Fire Fighthag Safety Equipment - All tractors are to be equipped with an approved spark arrestor when not equipped with turbo charger and also approved 2 1/: gallon pressurized water type fire extinguisher and shovel. Disc - Unless otherwise approved by the Hazard Reduction Program Manager, the disc used shall be hydraulically controlled. It shall be able to turn easily and maneuver ha small areas. It shall be heavy duty and capable of accomplishhag a thorough mixing of soil and weeds. The disc must be in good mechanical condition. Transport Truck - The truck (transport) for hauling the tractor and disc shall be of suitable size and horsepower to easily maneuver and negotiate all terrain traveled to reach equipment must meet highway specifications and safety regulations. Trucks will be in good mechanical condition and will be operated and maintained at the expense of the firm and at a time before or after work. Flagman - If required or necessary for any reason, the firm will furnish, at no expense to the City, flagpersons for loading and unloading of equipment. The only equipment allowed will be tractors with discs, with the exception of those areas which will require different equipment as necessary. The Chief Buildint, Official or the City Code Enforcement Officers will advise contractors/consultants where the mowinI, or other methods will be allowed. The use on non-authorized equipment or methods will result in non-payment by the City. STANDARD FOR CLEARING - The purpose of removal is for the reduction of public nuisance, fire and safety hazards and will be accomplished by turning under and mixhag weeds with the soil or by mowing, hauling, trimming, and grubbing using manual labor or by any combination of methods that are approved and included ha the scope of the contract. All clearhag must meet the -11- specifications of the Hazard Reduction Program and must be approved in writing by the program representative. Method of Clearing - Five (5) acres and less will be cleared completely. Where the acreage consists of more than five (5) contiguous acres, a one hundred (100) foot wide strip shall be cleared at the perimeter of the property, and through the remainder of the property there shall not be any portion of land larger than two and one-half (2 ~ ) acres which is not enclosed by itself within such a strip, which shall be a fire break. If the clearing is made to the letter of the herein stated standard, the payment would be based on the actual square footage abated. It may be determined that only a portion of a parcel exceeding five (5) acres needs to be cleared to adequately provide the necessary fire protection to the surrounding improvements. In these cases, payment would be based on actual square footage disced. Tumbleweed Abatement - The firm will also be used in tumbleweed abatement in all areas during the months of August through October. -12- EXHIBIT B PAYMENT SCHEDULE (ATTACHED) -13- EXHIBIT "B" SCHEDULE OF FEES 1. Tractor Mowing 2. Discing 3. Hand Labor 4. Dozer Operation 5. Debris removal 6. Excavator Administrative fee 8. Attomey Fees o 10. Miscellaneous Fees (per City Of Temecula standards) a. 1 sq. ft. to 7,500 sq. ft. b. 7,001 sq. ft. to 15,000 sq. ft. c. 15,001 sq. ft. to 1 acre. d. per sq. ft. over 1 acre (per City Of Temecula standards) a. 1 sq. ft. to 7,500 sq. ft. b. 7,001 sq. ft. to 15,000 sq. ft. c. 15,001 sq. ft. to 1 acre. d. per sq. ft. over 1 acre (per City Of Temecula standards) a. per square foot of area a. hourly rate b. move on fee (includes hauling, burning & chipping) a. per cubic yard of material b. dump fees ($250.00 per parcel min) a. per square foot (when forced abatement is required) a. per parcel (when required) a. per parcel (discretionary *) a. special inspection b. abatement lien c. release of abatement lien d. public notary Fee to the City of Temecula $ 200.00 $ 275.00 $ 375.00 $ .015 $ 250.00 $ 325.00 $ 400.00 $ .018 $ .08/sq. ft. $ 75.00 $ 75.O0 $ 18.00 (reimbursement of cost) $ .08/sq. ft. $150.00/ea. $ Statutory $ 54.00 $ 35.00 $ 35.00 $ 10.00 $0 11. Fee increases Fees will be reviewed during the renewal of Contract.process and will be subject to modification based on multiple criteria. This may * see attachment titled Special Inspections EXHIBIT "B" STATE OF CALIFORNIA  FIRE PREVENTION CERTIFIED Fire Prevention Services, Inc. * Special Inspections With the ability to charge this special inspection fee it would reduce the need of future administration fee raises to compensate for these extra services and costs.. This fee would be used on a discretionary basis to help recover costs. The following is a sample of when it may become appropriate to use such a fee. (a) when a property needs more than 3 inspections and still continues to be in violation. .... (b) when we have multiple contractors wanting to meet at the property at different times and days, in this case the fee would be charged to the contractors. No fee would be charged if we could have a group meeting with the owner present, unless it was after the 3 rd inspection. (c) certification of completion, due tO the time involved with this process we generally only give a verbal approval. To issue the certificate it would require us to inspect, document and photograph the property and keep a file of this documentation for 3 years. (d) extensions, this requires us to perform additional inspections and documentation along with the written approval of the City. (e) modifications, to grant a modification will require an extensive field survey of the property to determine the total impact. This may include the vegetation type, terrain, habitat affected and structures involved. Prior to any modifications being issued it would require the written approval of the City (f) other, at times it may be necessary to impose the special inspection fee for items not specified herein. The City approval would need to be obtained prior to the use of this item P O Bo~'2012' Alpine CA 91903-2012' ITEM 5 APPROVAL ~,.i ~.,~~- CITY ATTORNEY _~} DIRECTOR OF FINANCE ~ _ CITY MANAGER '~' TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council  ,J/~Joseph Kicak, Director of Public Works/City Engineer May 26, 1998 Completion and Acceptance of the Installation of Traffic Signal Interconnect Phase II, Project No. PW95-16 PREPARED BY: ~ Ronald J. Parks, Deputy Director of Public Works ~)Michael Wolff, Senior Public Works Inspector - Capital Projects RECOMMENDATION: That the City Council: Accept the installation of the Traffic Signal Interconnect Phase II Project, Project No. PW95-16. File 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 July 8, 1997 City Council awarded a contract for the installation of traffic signal interconnect system throughout the City to Paul Gardner Corporation in the amount of $215,432.00. This project included installation of conduit and conductors to interconnect 25 traffic signals throughout the City. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded. FISCAL IMPACT: This project was funded through CMAQ and T.S.M. from Account No. 210-165-691-5804. There were only two (2) change orders on this project which was well within the project contingency amount. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit r:\agdrpt\g8\0626~pw95-16.acc~ne RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Bueineee Park Drive Temecula, CA 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to Building Energy Consultants to perform the following work of improvement: Traffic Signal Interconnect, Phase II Project No. PW95-16 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on May 26, 1998. That upon said contract the Reliance Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PROJECT PW 95-16, Phase II. 6. The street address of said property is: Various traffic signal intersections throughout the City of Temecula Dated at Temecula, California, this 26th day of May. 1998 Susan W. Jones, CMC, Acting City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) ss I, Susan W. Jones, CMC, Acting City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this day of · 1998. Susan W. Jones, CMC, Acting City Clerk R:\cip~or ojecm~ow 96~ow 96-18\complet2.not/ejp BOND NUMBER B1828591 PREMIUM INCLUDED IN PERFORMANCE BOND CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PW95-16 TRAFFIC SIGNAL INTERCONNECT, PHASE II KNOW ALL MEN BY THESE PRESENTS THAT: PAUL. GARDNER CORPORATION, 901S. SULTANA AVE., ONTARIO, CA 91761 NAME AND ADDRESS OF CONTRACTOR a CORPORATION , hereinafter called Principal, and (fill in whether a Corperation, Partnership or individual) RELIANCE INSURANCE COMPANY, 700 N. BRAND BLVD., STE 1250, GLENDALE CA 91203 NAME ,AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of TWENTY-ONE THOUSAND NINE HUNDRED NINETY-TWO DOLLARS and 44 CENTS ($ 21, 992.44 ) in lawful money of the United States, said sum being not less than ten percent (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 8th day ot: JULY , 1997 , a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW95-16, TRAFFIC S~GNAL INTERCONNECT, PHASE WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during smi~l period; and WHEREAS, the said Contract has been completed, and was approved on May 26, , 1998 . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the said Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. Signed and sealed this 28th day of APRIL ,19 9.8.. (Seal) SURI::TY RELIANCE INSURANCE COMPANY SUSAN. C. MONTEON (Name) ATTORNEY-IN-F~CT (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney (Name) (Tide) By: (Name) (Title) STATE OF CALIFORNIA COUNTY OF RIVERSIDE On PERSONALLY APPEARED SUSAN , before me, C. MONTEON ROSEMARY STANDLEY 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 acknowl- edged 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. ~t'~~ ~OMM. #1090462 ~Z; ~.'~--~'~-:~J NOTARY PUBLIC - CALIFORNIA ~ k~/ RIVERSIDE COUN~ This area for Official Notarial Seal OPTIONAL, Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER TITLE(S) [] PARTNER(S) [] LIMITED [] GENERAL ATTORNEY-IN-FACT TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT RELIANCE SURETY COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called 'the Companies') and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Susan C. Monteon, of Riverside, California their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds end undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. ' This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONOS AND UNDERTAKINGS 1. The Boerd of Directors. the President, the Chairman of the Board, any Santoo Vice President, any Vice President or A~istant Vice Prealdent or othor officer d~tgnated by the Board of Dtrecto~ shall have power end authority to Is) q~onint Attomey(s)-lo-Fact and to authorize them to execute on beha~ of the Company, bonds and unc~tmkinga, recognizances, cantfacts of Ind~mnlty and other w~itingl obligltooy in the nature thereof, and (b) to remove any such Attooney(s)-i~-Fact at any time .~1 revoke the power and sothoHty given to them. 2. Attomeyls)4n-Fact shall have Icewer and authority, sul~e~t to the terms and limitations of the Power of Attorney issued to them. to execute deriver o~ behalf of the Ceremony, bom~ end um:~taldngs, recognizances, contracts of indemnity end othoo writings obligatooy in the tlaturl thereof. The co0pmate seal iS not necessary foo the validity of any bom~ and undml:ekings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attomeyle)dmFact shall have power and authooity to execute effldavit~ required to be attached to bonds, recognizances, contracts of indemnity Do other conditional Do obligetroy un~ertak~gs and they shall also have power and authooity to ce~ify the financial statement of the Cempany and to copies of the By-Laws of the Coonparty or ~ny erticie Do sectkin thereof. TI~ Power of Attorney is ~igned and sealed by facsimile under and by authority of the following resolution ado~ted by the Executive and Finance Committoes of the eoerd~ of Director1 of RMtan~e Insurance Company, United Pacific Insurance Company end Reliance National indemnity Campany by Unanimous Conse~ dated as of FolxuaW 28, 1994 and by the Executive and Financial Cammitres of the Bowd of Dlreotoos of Reliance Surety Company by Unani~ou~ Con~ent dated es of Match 31, 19~4. *Rmlved that the' Ngnatures of such directors and offloem and the seal of the Ceml~Y may be affixed to any such ~ of Attorney Do any cootificotes re, ting thereto by feceimile.and any such Power of Attooney Do certificate bearing such faceemile algnator# or facemile seM shall be valid and blnolng ulx~t the CareDany and any ~ Power so exe~,-'uted and coolifted by facsimile signatures end facsimile seal shall be valid end binding u~on the Company, in the future with respect to any bo~d Do undooteking to wh~h It te attached.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this July 19, 1996. RELIANCE SURETY COMI~ANY RELIANCE HqSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY STATE OF Washington } COUNTY OF King } as. = On this, July 19, 1996, before me, Janet Blankley, personally appeared Mark W. Alsup, who acknowledged himself to be the Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National !Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. ; In witness whereof, I hereunto set my hand and official seal. f ~..~t.~~ ~~~ ~O~-~,,V~ Notar~ Public in and for the State of Washinqton qrw~ Residing at Puyallup j ii, Robyn Layrig, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP- ~ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power ;of Attorney executed by said Companies, which is still in full force and effect. ,IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ~ day of 19 (~. Assistant Secretary CITY OF TEMECULA, PUBUC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW95-16 TRAFFIC SIGNAL INTERCONNECT, PHASE II This is to certify that Paul Gardner Corporation , (hereinafter the "CONTRACTOR') declares to the City of Temecula, under oath, that he/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all oth~, bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employ.~e.~ c.~r su.bcontractors used or in contribution to the execution of it's contract with the City ~Jf Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW95-16, TRAFFIC SIGNAL INTERCONNECT, PHASE il, situated in the City of Temecula, State of California, more particularly described as follows: TRAFFIC SIGNAL INTERCONNECT, PHASE II The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a stop notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the ,'ONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contracts Code §7200, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contact amount which the CONTRACTOR has not disputed above. Dated: February 24, 1998 By: RM Noble, Vice President Print Name and Title RELEASE R-1 R:\CIP~PROJ ECTS~PW~6-16~BIODOC.II ITEM 6 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE'~'~-.,~_ CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council  ~-~JMOSeph Kicak, Director of Public Works/City Engineer ay 26, 1998 Authorize Partial Closure of Streets for Bike Race on May 31, 1998 (Business Park Drive and Single Oak Drive) PREPARED BY: RECOMMENDATION: Ronald J. Parks, Deputy Director of Public Works Albert K. Crisp, Permit Engineer That the City Council adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING PARTIAL STREET CLOSURES OF BUSINESS PARK DRIVE AND SINGLE OAK DRIVE FOR THE TEMECULA CYCLING CLASSIC STAGE RACE ON MAY 31, 1998, AND AUTHORIZING THE CITY ENGINEER TO ISSUE SPECIAL EVENT PERMIT FOR THIS EVENT. BACKGROUND: There have been several bicycle races held on the two more appropriate closed courses in the industrial areas of the City beginning in 1990. One of these courses has been on the Rancho California Business Park course (Business Park Drive and Single Oak Drive) and the other was on the Winchester Highland Business Park course (Ynez Road, Equity Drive, and County Center Drive). As these business/industrial parks have developed, there has been increased weekday use of these areas. Both of these parks also have church tenants with principal uses on Sunday. Staff requires as a condition of Special Event Permit issuance notification of all affected parties and businesses when such events interfere with the normal flow of traffic. This is particularly emphasized since the Ynez Road closure for the Kiwanis Club Arts and Crafts Fair last year experienced conflicts with such church uses. The Rancho California Business Park course has been used several times as the prime bicycle course with such event sponsors as Team Temecula/Rancho Cycling Club and is often considered for such events. Normally, Staff would not bring such partial street closures for City Council consideration. As noted above however, the Kiwanis Club event reinforced the need for City Council concurrence in such partial street closures. R: [A GDRPTI9810526tBIKERA CE. PRT 1 5/14/98 Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, Utemporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of person who are to use that portion of the street during the temporary closing". The recommended resolution delegates the authority to approve partial street closure for the Temecula Cycling Classic Stage Race scheduled for Sunday, May 31, 1998, from 8am to 4pm only. This authority is limited to and delegated to the City Engineer (or an authorized representative) only. Any other special events requiring temporary street closures in part or in total, construction related closures, etc., remain subject to the approval of the City Council subject to rules and regulations established by or under the direction of the City Council. These rules and regulations shall also be adopted by resolution in accordance with said California Vehicular Code Section 21101. The proposed race course and traffic controls are indicated on the attached diagram. Traffic Staff and the Police Department will review prior to issuance of this special event permit. All required signs and devices shall be provided by the sponsor. The sponsor shall post insurance in accordance with Resolution No. 91-96 which adopted standards for special events on public streets, highways, sidewalks or public rights of way. FISCAL IMPACT: None. Any police services required for this event will be negotiated by the Police Department and sponsors, and the sponsors will be responsible for such costs. ATTACHMENTS: 2. 3. 4. 5. Resolution No. 98- Sponsor's Proposal. Special Event Permit Application Proposed Course Layout Promotion/Event Registration information R:IAGDRPTI9810526iBIKERACE. PRT 2 5/f4/98 RF~OLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING A PARTIAL CLOSURE OF BUSINESS PARK DRIVE AND SINGLE OAK DRIVE FOR THE TEMECULA CYCLING CLASSIC STAGE RACE FOR MAY 31, 1998, AND AUTHORIZING THE crrY ENGINEER TO ISSUE A SPECIAL EVENT PERMIT FOR THAT EVENT. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WBERF_AS, The California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and, WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets or portions thereof in the interest of promoting safety and protection; and, WI-IERF_a~, the City Council desires to authorize the closure of public streets or portions thereof for the conducting of the Temecula Cycling Classic Stage Race presented by Cartera Cycling Promotions, for which such temporary public street closures promote the safety and protection of persons using or proposing to use these streets for the special event; and, WItEREAS, the City Council desires to facilitate issuance of permission to temporarily close public streets or portions thereof for the Temecula Cycling Classic Stage Race; and, NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve temporary public street closure or portions thereof for the Temecula Cycling Classic Stage Race promoted by Can'era Cycling Promotions, and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council: and, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the City Engineer to permit temporary partial public street closures for the Temecula Cycling Classic Stage Race, and establishes the general role that all other temporary public street closures or portions thereof shall be approved or denied approval by the City Council. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 26th day of May, 1998. Ron Roberts, Mayor R:~GDRPT~98\0526~BIKERACE.531 ATTEST: Susan W. Jones, CMC Acting City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMEC~A ) I, Susan W. Jones, Acting City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 26th day of May, 1998, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC Acting City Clerk R:~GDRPT~98\0526LBI K t~-RACE. 531 Cartera Cycling Promotions April 7, 1998 Mr. A1 Crisp P.E City of Temecula Public Works 43200 Business Park Dr. Temecula, CA 92590 Subject: Temecula Cycling Classic May 31, 1998 Enclosed is our proposal for the reference bicycle event. We are proposing these event for Sunday, May 31, 1998. We have previously scheduled this event with the Southern Califomia Attached is the special event application form along with additional information of the event. Please let me know what the applicable fees with this application. Event format as follows: · Sanction by the United Stat_~ Cycling Federation (USCF). · 1.3 mile circuit course with riders riding multiple laps · Sunday start time 8:00 AM. ending at 4:00 PM. · Liability Insurance provided by the USCF. Certificate of insurance will be sent to your office prior to event date. · Safety course marshals will be provided by Carrein Promotions staff · See attached course map for description Should you have any questions or concerns, please contact me as soon as possible. Thank you for your cooperation. Carrera Cycling Promotions Ben Cardenas President / Promoter bcXBC Attachments Cartera Cycling Promotions PO Box 12575 La Crescent& CA 91224 (818) 541-1296 mobile (818)481-1885 E-mail bcardenas~earthlink.net SENT BY: 3-24-98:11:~6A~ : £'11t' Or Ib~BLLL~~ CITY OF TEMECULA RECEIVED SPECIAL EVENT PERMIT APPLICATION APR 10 1998 TO BE HELD ON PUBLIC STREETS, HIGHWAYS, ClTYOFTEMECULA SIDEWALKS. OR PUBLIC RIGHTS-OF-WAY ENGINEERING DEPARTUENT APPLICANT'S NAME AND ADDRESS: / ' NUMBER OF ANTICIPATED PARTICIPANTS: PURPOSE OF EVEI~I': f, LeyCLF. mu;, T DATE, HOURS, PRECISE LOCATION OF EVENT: FEES TO BE CHARGED BY PERMITTEE: TYPE & NATURE OF VEHICLES, EQUIPMENT. ETC.: SOUND SYSTEMS -. NUMBER AND AMPLIFICATION RANGE: TYPE OF GOODSISERVICES TO BE SOLD/PROVIDED: · VENDORS/NAME AND BUSINESS ADDRESS: 10. SECURITY PLAN FOR EVENT: THE APPLICANT HEREBY STATES THAT THE ABOVE INFORMATION IS ACCURATE UNDER PENALTY OF PERJURY. THE APPUCANT AGREES TO FULLY COMPENSATE THE CITY OF TEMECULA FOR ANY DAMAGE TO PUBLIC PROPERTY. AS WELL AS ;o m~,m == OT.ERW.SE RESTORE T.£ ;VENT SITE TO THE CONr ,p~ IN W. IC~K~X~ED PRIOR TO ~.; CO.OUC~ Or THE EVENT. ' , PRaT ~PPLI~NTIAGENT NAME A TIA~ SIGNATURE AND DATE FOR CITY STAFF USE ONLY: 1. APPUCATION FEE AMOUNT: $ PAID: 2. SPECIAL EVENT [3 3, MAJOR SPECIAL EVENT [3 4. MEET/CONFER WITH TRANSPORTATION DIVISION t'l 5. INSURANCE CERTIFICATE REQUIRED E] 6. TRAFFIC CONTROL PLAN/TRAFFIC STUDY REQUIRED O RECEIPT//: pwO I \form~\ee~m~pecevnt.epp 0~209 i EPE TECHNOLOGIE,S. INC A s~bsidiary of Square O Company ENGINEERING SKETCH PAD PROJECT NAME DESIGNED FOR DESIGNED BY BUDGETARY PRICE FOR DESIGN SHOWN BELOW $ DATE Temecula Criterium Course Page 2 Key Notes: 1. Race officials and announcer stage tent. 2. Portable toilets. 3. Registration tent. 4. Street parking area for participants. 5. Direction of riders. Riders will only use the west side of street including the center devider mining lane. 6. Direction of riders. Riders will only use the north side of street. 7. Direction of riders. Riders will only use the east side of street including the center devider turning lane. 8. Direction of traffic detour. 9. Traffic cones will outline the outer line of the cemer mining lane. Criterium Course Leoend: Type 2 barricade with "Special Event Sign" Type 2 barricade with "Detour Sign and Arrow" Type 2 barricade with "Road Close Sign" Course Marshall with construction orange vest and sign. Type 1 10 feet barricade outlining comer. Traffic Cones. TEMEI ULA I YI LINI I LASSII STAI E RAGE May 29, 30 & 31 $ 5000 in Cash Prizes !.v.v Juniors State Championships Presented by Carrera Cycling Promotions Held under U.S. Cycling Federation race permit # 98- (pending) $ta~e I - Temescal Canyon Glen Ivv Time Trial Friday. May 29 10 miles out and back course with gentle rolling hills and flat terrain. Directions' from the Interstate 15 freeway exit on Temescal Canyon and turn west heading towards Tom's Farm parking and registration area. Start times will depend on your race number and category. $ta~e 2 - Temecula Wine Countrv Road Race $aturdav. Mav 30 16 mile out and back course nestled in the Temecula Wine Country with short to medium climbs using country back roads. Directions: from the Interstate 15 freeway, exit on Rancho California Rd. and turn heading east. Proceed on this road past several wineries until you reach Benton Rd., turn right and proceed to "Cynthia Country Store" for race parking and registration. $taee 3 - Temecula Criterium Sunday, May 31 1.3 mile-circuit use during the 1992 District Championships with excellent surface and one short sprinters hill. Start & finish line located on Business Park Dr. near Rancho Way, first turn on Single Oak Dr., second turn on Business Park Dr. proceeding on this street sweeping right back to the firfish line. Directions: From the Interstate 15 freeway, exit on Rancho California Rd. and turn heading West towards the hills. Proceed on this road to Diaz Rd., turn right to Rancho Way, turn left to parking and registration area. Race ,~chedule category entry gc stage stg gc field TY RR RR Crit Crit prizes prizes pl pL limit start start dist. start timed Mstr. 45+ $45 $400 $100 6 6 100 4:00 pm 8:00 48 8:00 60 Mstr. 35+ $45 $400 $100 6 6 100 follows 8:05 48 9:05 60 Sr. 4/5 $45 $400 $100 6 6 100 follows 8:10 48 10:10 60 Sr. 1-2 Pro $65 $800 $200 6 15 100 follows 10:30 80 1:10 75 St. 3 $45 $400 $100 6 6 100 follows 10:33 64 11:15 60 Women $45 $300 $100 6 6 I00 follows 10:36 32 12:20 45 Juniors $35 medals medals 3 3 I00 follows 12:30 32 2:30 45 Reeistration Information: Pre-Registration postmarked by May 23, 1998. Post entries will pay additional $6.00, unattached riders additional $5.00. All entries include $2.00 USCF insurance surcharge. All 1998 USCF rules apply. Stage race using Omnium points format. Juniors State Championships for the road race and criterium only. All categories available and distances per USCF rule book. Neutral follow vehicle provided for 1-2 Pro field only. Riders provide your own wheels. Other categories can volunteer follow vehicle for support, but you must contact the promoter two weeks prior to the event. No personal support vehicles will be allowed on the course. Feed zone available for all categories in the designated feed area only. Free lap in effect in the criterium. Riders must provide your own wheels. 1998 USCF standard athlete release form with check payable to: EDGE Racing. Send to Carrera Promotions PO Box 12575 La Crescenta, CA 91224 ITEM 7 APPROVA' CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Anthony J. Elmo, Chief Building Official-~ May 26, 1998 Contract Inspection Services for Building and Safety RECOMMENDATION: That the City Council approve: An appropriation of $12,800.00 to Account Number 001-162-999-5250, "Other Outside Services". Approve a First Amendment to an existing Agreement for Consultant Services with J. A. S. Pacific Consulting Services, Inc., in the amount of $12,800.00 to provide building inspection services to the Building and Safety Department. BACKGROUND: The Building and Safety Department has experienced an increase in the volume of inspection activity. In an effort to service this increased volume of inspection requests, part-time contract building inspection assistance has been used to supplement the department's core inspection staff. The use of contract inspection services on an as needed basis, gives the Chief Building Official the ability to manage increases in inspection workload in a timely manner, as they occur. On July 8, 1997 and December 16, 1997 the City Council approved Agreements with J. A. S. Pacific Consulting Services, Inc. in the total amount of $65,000.00. Due to the anticipated continued heavy volume of construction workload it is necessary to continue these inspection services to the end of the fiscal year. FISCAL IMPACT: Upon approval of this appropriation to Account No. 001-162-999-5250, "Other Outside Services", no further appropriation of funds will be necessary for this purpose, for the remainder of this fiscal year. This program is supported by building permit fee revenue. ATTACHMENT: First Amendment to Agreement R: tBROCKMEI[AGENDA iJAS98. WPD 1 5/19/98 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TEMECULA AND J. A. S. PACIFIC CONSULTING SERVICES, INC. THIS FIRST AMENDMENT is made and entered into as of May 26, 1998 by and between the City of Temecula, a municipal corporation ("City") and J. A. S. Pacific Consulting Services, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On July 1, 1997 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Consultant Services" ("Agreement"). B. The Agreement was amended on May 26, 1998. The Agreement as amended shall be referred to as the "Agreement." C. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section 4a of the Agreement is hereby amended to read as follows: This amount shall not exceed seventy seven thousand eight hundred dollars and no cents ($77,800.00). Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:IBROCKMEIL4GMTSklAS. AMD 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Ron Roberts, Mayor ATTEST: BY: Susan W. Jones, CMC, Acting City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONSULTANT J. A. S. Pacific Consulting Services, Inc. BY: NAME: Jason Smith TITLE: R:IBROCKMEIPtGMTSIJAS. AMD 2 ITEM 8 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE ~,) CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Joseph Kicak, Director of Public Works\City Engineer May 26, 1998 Pavement Management Program - Project No. PW96-13 PREPARED BY: /t~Y~/illiam Hughes, Senior Engineer - Capital Projects Scott Harvey, Associate Engineer - Capital Projects RECOMMENDATION: That the City Council receive and file the Pavement Management Program report by Berryman & Henigar, Project No. PW96-13. BACKGROUND: Berryman & Henigar were hired, under contract to complete the City's Pavement Management Program (PMS). The work consisted of evaluating the City's existing PMS system, update our base map, re-survey all streets, train City staff to use the pavement management software, develop a data base and prepare a 5-year report prioritizing projects with recommended improvements based on a cost-benefit formula. A routine updated pavement management system is necessary to maintain continued eligibility for Proposition 111 gas tax money. This report will provide the City with an inventory of street conditions, with appropriate maintenance strategies to maintain the City streets. The consultant reviewed the City's current pavement management software and recommended a software developed by the American Public Works Association (APWA), which is called "MiroPAVER for Windows". This APWA software system is compatible with both AutoCAD and GIS systems. This program will allow our staff to up-date and/or to reevaluate the entire PMS system in future years. This program is also accepted and used by many public agencies throughout the Nation. The consultant was directed to update the pavement management system by using the new APWA software. The consultant divided the City's streets into street segments. Then a field evaluation was conducted of each street segment. The street segments then were categorized into what is called a Pavement Condition Index (PCI). The Consultant developed a five (5) year maintenance program based on an annual budget of $500,000 for major maintenance & repair, and $250,000 for preventative maintenance. The five (5) year maintenance program and streets are shown in Section 5 (see Exhibit "A") of the PMS report. A copy of the PMS Program report is available for review in the Director of Public Works/City Engineers's office. FISCAL IMPACT: This Pavement Management System is currently listed in the FY1995-02 Capital Improvement Program and is funded through Measure "A". -1- pwO4\agdrpt\98\O526~pw96-13. acc ATTACHMENTS: 1. Exhibit "A", Section 5 of the PMS report. 2. Exhibit "B", Section 1 of the PMS report. -2- pwO4\agdrpt\98\0526\pw96-13. acc EXHIBIT "A" City of Temecula Pavement Management Update Final Report - January 29, 1998 Page Section V SECTION V ACTION FORECAST REPORT A. Projected 5-Year Maintenance Program B. Streets Outside the 5-Year Program City of Temecula Pavement Management Update Final Report - January 29, 1998 Page 2 Section V ACTION FORECAST REPORT This report presents the year and action corresponding to the next scheduled work activity for each segment within the pavement network. The budget scenario presented on the following pages is for a Five Year Street Maintenance Program. S:~$PROJEC'IATEMECULA\Final PMS Report.doc Berryman & Henigar ~ q Q ~ Q Q q q Q Q ~ ~ -- N o e~.- o 0000~ o o o 000 oooo~0 ooo~~~ ~ ILl 0000 i W LIJ I~J LU L~ LIJ ~ W ~ w w ~ ~ ~ ~ ~, z v 0 c~ w w w ~ w ,,, ~:~. .o ~o eE'E c:,- ? i '? LU!W v v v L i c o ~ 'o ~.>>>588 5~58~8~ EXHIBIT "B" City of Temecula Pavement Management Update Final Report - January 29, 1998 Page 1 Section I SECTION I INTRODUCTION NEED FOR PAVEMENT MANAGEMENT SYSTEM In order to maintain continued eligibility for funding from the Proposition 111 gas tax money, the City of Temecula is required to conduct an update of the City's Pavement Management System. In addition to this legislative requirement, the Pavement Management System assists City personnel by providing current technical data to maintain a desirable level of pavement performance on a network scale, while optimizing the expenditure of limited fiscal resources. Specifically, the updated program provides administrators and maintenance personnel with: · An update of completed work projects in the City · A current inventory of all routes that have been reviewed and will continue to be updated · A current assessment of the pavement condition for all routes in the system · A project listing of streets which identifies all sections of pavement needing maintenance, rehabilitation, or replacement · A forecast of budget needs for maintenance, rehabilitation, or replacement of deficient sections of pavement for a five year Capital Improvement Program THE PAVEMENT NETWORK The entire pavement network within the City's jurisdiction is comprised of 204 centerline miles of paved surfaces including over 125 miles of Arterial and Collector routes. To assist in planning maintenance needs, the City's road system was broken into classifications based upon their importance in the road network, traffic volumes, and current existing classifications. In terms of current surface area totals, the road network consists of 30.7% Arterial, 34.9% Collector, and 34.3 % Residential roadways. The entire pavement network represents a current asset valuation of over $159 million with the Arterial and Collector routes representing over $128 million. S:~$PROJECT~TEMECULA~Final PMS Repon.doc Berryman & Henigar City of Temecula Pavement Management Update Final Report - January 29, 1998 Page 2 Section I PROJECT APPROACH Berryman & Henigar was contracted to re-inventory all public roadways within the City, evaluate the City's existing Pavement Management Software, and provide capital improvement planning for a five year capital budget. CURRENT CONDITIONS As part of the update of the Pavement Management System for the City of Temecula, a visual survey of the pavement network was conducted to assess the existing surface condition of individual pavement segments. Upon completion of this survey, a Pavement Condition Index (PCI) was calculated for each segment to reflect overall pavement condition. Ranging between "100" and "0," a PCI of "100" corresponds to a pavement with proper engineering design and construction at the beginning of its life cycle, while a PCI of "0" corresponds to a badly deteriorated pavement which has virtually no remaining life. The overall condition of the road network is "good" with an average PCI of 69 based on the surface area of each segment. Virtually the entire network is in good to excellent condition which confirms the emphasis that the City has placed on maintaining the pavement network. MAINTENANCE STRATEGY DEVELOPMENT Based on the results of the condition survey and input from the City, pavement maintenance/rehabilitation strategies were developed. In order to achieve the most effective and optimum program for the City, certain strategies have been selected. Below is a listing of the maintenance activities utilized in strategy development. Each activity is a representative of the types of work that have been programmed as part of the long term maintenance requirements of the City's street network. For additional detail on the following activities see Section 2. Preventative Maintenance Slurry Seal and Repairs (i.e., Crack Sealing and Patching) Major Maintenance Conventional Overlay / Rubberized Overlay Rehabilitation 1.5-Inch AC Overlay with Reinforcing Fabric Reconstruction Reconstruction of the entire street section. The Slurry Seal listed above could be either a conventional (Type I) or latex modified (Type II with rubber latex) slurry seal. The cost differential is minimal, but a rubberized slurry seal may S:~PROJECT~TEMECULA~Final PMS Report.doc Berryman & Henigar City of Temecula Pavement Management Update Final Report - January 29, f998 Page 3 Section I be an option that the City could use on a case by case basis on higher volume traffic roads for longer service life. Similarly, activities such as Asphalt-Rubber Hot Mix (ARHM) are considered as alternative equivalents for conventional asphalt overlays and are becoming accepted as better long term, cost effective maintenance strategies. ARHM overlays were not included in the standard set of programmed activities, but again, the City may wish to use this as an optional surface treatment on a case by case basis. ANNUAL BUDGET PROJECTIONS The budgeting process was approached with the following in mind: to generate a work program based on actual road pavement conditions given a constrained budget to determine maintenance backlog and defining a budget to maintain a high level PCI. The City has requested that a five year budget be prepared. Based on current and projected pavement maintenance needs, an annual budget has been prepared and is summarized below. The following table shows the projected funding level requirements, indicating the system generated funding allocations, based on the summaries of cost estimates for maintenance actions and any preparatory repair work. Table 3 - Projected Program Funding Levels Projected 5 Year Preventative Maintenance Budget Fiscal Year ] Preventative 1998-99 (Zone 1) $ 82,303 1999-2000 (Zone 2 ) $ 204,488 2000-01 (Zone 3) $ 194,515 2001-02 (Zone 4) $ 249,954 2002-03 (Zone 5) $ 249,922 Totals $ 981,182 Total $ 82,3O3 $ 204,488 $ 194,515 $ 249,954 $ 249,922 $ 981,182 Fiscal Year 1998-99 1999-2000 2000-01 $ 2001-02 $ 2002-03 $ Totals $ Projected 5 Year Major Maintenance & Repair Budget ~jor $ 443,115 $ 32,760 39,284 68,915 584, 074 Rehabilitation t Reconstruction I Total $ 52,455 $ - $ 495,570 $ 438,023 $ 29,040 $ 499,823 $ 425,023 $ 30,690 $ 494,997 $ - $ 428,824 $ 497,739 $ - $ 482,196 $ 482,196 $ 915,501 $ 970,750 $ 2,470,325 The tables above show a five-year annual average budget of $690,301 for the street network. S:~$PROJECT~TEMECULA~Final PUS Report.doc Berryman & Henigar ~A.k 7~45365906 .! l ~]02 /.~GEND I !,5' AC Om~j, ~v F~m,~ TE]VlFI':.ULA. t 1,~GEND City of Temecula City of Temecula Pavement Management Update Final Report - January 29, 1998 Page 4 Section I RECOMMENDATIONS The actual workload requirements identified indicate that the street network is currently in good condition with most of the pavement network falling into preventive maintenance. However, it is critical that preventive maintenance and major maintenance activities be funded at the levels identified, in order to maintain the current level of pavement condition. In order io meet these requirements, certain projects have been recommended within the context of this program. The funding requirements just presented are generated in the form of individual projects allocated within the budget scenario. These project listings are outlined in the Action Forecast Reports (Section 5). While the project listings outlined in the Action Forecast Reports are the recommendations as generated by the PMS, final project recommendations should be weighed against the actual approach the City wishes to utilize in scheduling the workloads for contracting purposes. Pavement condition may indicate that a particular pavement section needs attention earlier than the rest of the roads in its area. As projects are scheduled for rehabilitation or reconstruction, Berryman & Henigar recommends that additional pavement testing or R-value soil sampling be done prior to determining final project requirements, in order to minimize the costs associated with each project. Soil testing can help to specifically define overlay requirements for a given pavement section. Berryman & Henigar recommends that all Arterial/Collector routes be re-inventoried over the course of the next two years. This ensures that work scheduled is generated based on the most current conditions, additionally it meets the requirements of Proposition 111. In addition, B&H recommends that all Local roads be re-inventoried over the course of the next four years, approximately 25 % of the streets each year. S:\$PROJECT~TEMECULA\Final PMS Report.doc Berryman & Henigar ITEM 9 APPROV/~,~ CITY ATTORNEY DIRECTOR OF FINA~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council *~ Herman D. Parker, Acting Director of Community Services May 26, 1998 Offer of Dedication for Future Trail - Margarita Road at Pauba. PREPARED BY: RECOMMENDATION:  Beryl Yasinosky, Development Services Analyst That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 98-.__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE OFFER OF DEDICATION FOR A FUTURE TRAIL EASEMENT ADJACENT TO PAUBA ROAD. 2. Authorize the City Clerk to record said offer of dedication. DISCUSSION: On April 22, 1997, the City Council approved the development plan for the design and construction of a commercial center at the southwest corner of Margarita and Pauba. Pursuant to the conditions of approval for the project, the developer is required to provide the City with a trail easement adjacent to the public right-of-way along Pauba Road. This area is identified as part of a future trail route within the Parks and Recreation Master Plan. Although the trail improvements will not be installed at this time, it is the City's intent to secure the offer of dedication from the property owner for future trail purposes. The developer will be required to landscape the area as part of conditions of approval for the commercial development, however, all trees, irrigation pedestals, and other permanent structures shall be installed outside of the easement area to ensure the City's ability to develop the trail in the future. The City will not assume liability or responsibility for this area until such time as the easement is accepted by the City Council for trail development. FISCAL IMPACT: None at this time. ATTACHMENTS: Resolution No. 98- Offer of Dedication - Equestrian Trail Easement RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THI*~ OFFER OF DEDICATION FOR A FUTURE TRAIl. EASEMENT ADJACENT TO PAUBA ROAD Section 1. The City Council does hereby f'md and determine as follows: A. The offer of dedication for the trail easement along Margarita Road is consistent with the City's Park and Recreation Master Plan for implementation of a city-wide trail system. B. The conditions of approval for the commercial development at the southwest comer of Margarita and Pauba Road identify the location of a future equestrian trail adjacent to Pauba Road. C. The City shall incur no liability or responsibility for the future trail easement until said offer is actually accepted by City Council for trail development. Section 2. The City of Temecula is the authorized legislative body to accept the offer of dedication for the future trail easement. Section 3. The City Clerk shall certify passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 26th day of May, 1998. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC Acting City Clerk [SEAL] r :\yaslmbk~8~das~mootrl.cas 052~J8 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, Acting City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98-~ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 26th day of May, 1998, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: r:\3nminoblfia~m~la~,oo~trl .cas 0521598 ~ RECORDING REQUESTED BY City of Tcra~ula PER GOV'T CODE 6103 AND WHEN RECORDED MAIL TO City of Temecula - City Clerk P O Box 9033, 43200 ~usiness Park Dr. Temecula, CA 92589-9033 MAIL TAX STATEMENTS TO City of Tcm~ula P O Box 9033, 43200 Business Park Dr. Tcmccula, CA 92589-9033 OFFER OF DEDICATION - EQUESTRIAN TRAIL EASEMENT The undersigned, being the presem title owner(s) of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to the City of Temecula, a municipal corporation, and its successors or assigns, for an equeslrian l~ail easement over the real property situated in the City of Temeeula, County of Riverside, State of California, described in Exhibit "A (written description) and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that the City of Temecula and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered trail easement or any improvements thereon or therein, until such offer has been accepted by appropriate action of the City Council, or of the local governing bodies or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. IN WITNESS THEREOF, these presents have executed this insq:~i~nt this t~7 ~ day of ~'~')/~ . , 19~t}~ sx^xE ov c~.~o~tn ~ ss. COUNTY OF RIVERSIDE} _ ,_ On ~ '~9t'4~ ]O/~ , before me the undersigned, a Notary Publhtin and for the State of California, personally appeared personallyt'k~own to me (or proved to me on the b~is 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. Ted Zonos, Co- Trustee [~. MARGIE T. COHEE ~ Commission ~ 1167659 No-gty ~01i¢ - Col;fornio i i~iversiOe Coun/y _ _ MY Corem' ExDires Jori tl, 2'30~ ~ WITNESS my hand and official seal. CERT~ICATE OF ACCEPTANCE This is to ce~ify that the interests in real property as set foah in the Offer to Dedicate to the City of Temecula, a municipal corporation, is hereby accepted for purposes of recordation by order of the City Council on and City com~nts to the recordation thereof by its duly authorized officer with the understanding that the City does not, at this time, accept the offer of dedication. CITY OF TEMECULA ATTEST: BY: Susan W. Jones, CMC Acting City Clerk APPROVED AS TO FORM: BY: Peter M. Thorsen, City Attorney By: Ron Robeas, Mayor TEMECULA, CALIFORNIA EXHIBIT "A" LEGAL DESCRIPTION EQUESTRIAN TRAIL EASEMENT A STRIP OF LAND 4.00 FEET WIDE, BEING A PORTION OF PARCEL 4, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 8455, FILED IN BOOK 41, PAGES 56 AND 57 OF PARCEL MAPS, RECORDS OF SAID COUNTY, THE NORTHWESTERLY LINE OF SAID 4.00 FOOT WIDE STRIP ALSO BEING THE NORTHWESTERLY LINE OF SAID PARCEL 4 AND THE SOUTHEASTERLY LINE OF PAUBA ROAD, 88 FEET WIDE, AS SHOWN ON SAID MAP. EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. LICENSE EXPIRES 3/31/02 G:\4743-006\4743EQ0 I.WPS EXHIBIT "B" i / / / ,a INDICATES EQUESTRIAN EASEMENT ~, ~,~) ~ ~ ~ N88'19'39'W _ ~-~ t~.~) /' /~'~/~ 27.27' CURVE DATA Number Delto Rodius Length Tongent (~ 03'43'45" 2055.00 133.75 66.90 l~ 02'07'07" 1244.00 46.00 23.00 TITLE: PLAT TO ACCOMPANY LEGAL DESCRIPTION OF EQUESTRIAN TRAIL EASEMENT ~ ~ ~ am 2oo · ~ c~ g~,sao-7a03 · ~/s44-3404 DATE Of PREPARATION: 4/15/98 PREPARED UNDER MY SUPERVISION: S~~C. 'SHAMBECK P.L.S. 6217 LICENSE EXP. 3/,31/02 o: ~,,,,-oo.~.,.~oo,.o~ JOB No. 6217 Exp. 3/31/02 DATE NO. 4745-006 ITEM 10 APPROVAL CITY ATTORNEY CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Peter M. Thorson, City Attorney May 26, 1998 Amendment to Sales Tax Reimbursement Agreement for CFD 88-12 Relating to Temecula Mall Property RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE SALES TAX REIMBURSEMENT AGREEMENT FOR COMMUNITY FACILITIES DISTRICT NO. 88-12 RELATING TO THE TEMECULA MALL PROPERTY DISCUSSION: On June 14, 1991, the City and each of the owners of property within CFD 88-12 entered into an agreement entitled "Agreement Regarding Sales Tax Revenues as to Business Located Within the Boundaries of Community Facilities District No. 88-12 (Ynez Corridor) of the County of Riverside, State of California" (the "Agreement"). Two amendments to the Agreement were approved on April 12, 1994 with respect to matters pertaining only to Rancho Mobile Home Estates and Eli Lilly and Company. The Agreement generally provides that the City will retain certain sales tax revenues generated by businesses within CFD 88-12. These revenues will then be used to reimburse the owners of properties within CFD 88-12 for payment of the Special Tax to CFD 88-12 in accordance with specified priorities based on whether the property is developed or undeveloped, as defined in the Agreement. The Agreement further provides that reimbursement payments will be made to the then current owner of the properties within CFD 88-12, even if the reimbursement is for a Special Tax payment made for a prior fiscal year by the previous owner of the property. LGA-7 is the owner of certain real property located southeasterly of Winchester Road and Ynez Road. LGA-7 is in escrow to sell a portion of the Property for development of the regional mall and power center and will retain the remainder of the Property for commercial development. Individual parcels will be created from the Property and sold to the major retailers which will be constructing retail stores on the Property. LGA-7, or its predecessors in interest, have paid all taxes and assessments for the Property through the 1997-98 fiscal year. Under the Agreement, however, a reimbursement for Special Taxes paid in prior fiscal years by LGA-7 upon development of the Property would be paid to the then current owner and not to LGA-7. Modification of this provision for LGA-7 in the limited context of the Mall property will assist both LGA-7 and Forest City Enterprises in completing the sale of the Mall Property and expediting construction of the Mall. Staff does not recommend a similar change for other properties within CFD 88-12. Properties within CFD 88-12 have changed ownerships frequently so that locating prior owners and properly apportioning the reimbursement payments would be an extremely expensive operation with a high probability of inaccurate payments being made. More importantly, however, the City advised the owners within CFD 88-12 of this provision and recommended that each owner take this into account in negotiating the purchase price and terms of sale of their properties. FISCAL IMPACT: None. The proposed amendment only modifies administrative provisions of the reimbursement agreement and not the amount of the reimbursement. ATTACHMENTS: Resolution No. 98-__ Amendment to Sales Tax Reimbursement Agreement R:[NORTONL ~,AGENDASICFDAGNDAiCFD,4MDT. AGN 5/20/9,9 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE SALES TAX REIMBURSEMENT AGREEMENT FOR COMMUNITY FACILITIES DISTRICT NO. 88-12 RELATING TO THE TEMECULA MALL PROPERTY ~ CITY COUNCIL OF THE CITY OF TEMECULA HEREBY RESOLVES AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and A. The Board of Supervisors of Riverside County formed Community Facilities District No. 88-12 CCFD 88-12") on September 26, 1989. At a special election held on March 23, 1990 the qualified electors of the CFD 88-12 authorized CFD 88-12 to incur certain bonded indebtedness and approved the Rate and Method to pay the principal and interest on the bonds through a Special Tax levied by the District. Govemance of CFD 88-12 was transferred from the County of Riverside to the City as of December 1, 1997. B. On June 14, 1991, the City and each of the owners of property within CFD 88-12 entered into an agreement entitled "Agreement Regarding Sales Tax Revenues as to Business Located Within the Boundaries of Community Facilities District No. 88-12 (Ynez Corridor) of the County of Riverside, State of California" (the "Agreement"). Two amendments to the Agreement were approved on April 12, 1994 with respect to matters pertaining only to Rancho Mobile Home Estates and Eli Lilly and Company. C. The Agreement generally provides that the City will retain certain sales tax revenues generated by businesses within CFD 88-12. These revenues will then be used to reimburse the owners of properties within CFD 88-12 for payment of the Special Tax to CFD 88- 12 in accordance with specified priorities based on whether the property is developed or undeveloped, as defined in the Agreement. D. The Agreement further provides that reimbursement payments will be made to the then current owner of the property within CFD 88-12, even if the reimbursement is for a Special Tax payment made for a prior fiscal year by the previous owner of the property. E. LGA-7 is the owner of certain real property described on Exhibit A, attached hereto and incorporated herein by this reference (the "Property"). LGA-7 is in escrow to sell a portion of the Property for development of a regional mall and power center and will retain the remainder of the Property for commercial development. Individual parcels will be created from the Property and sold to the major retailers which will be constructing retail stores on the Property. F. LGA-7, or its predecessors in interest, have paid all taxes and assessments for the Property through the 1997-98 fiscal year. G. It is in the interests of both the City and LGA-7 to modify the Agreement to provide that reimbursement of Special Tax payments pursuant to the Agreement through the 1997-98 fiscal year be paid to LGA-7 rather than the then current owners of the Property. Section 2. The City Council of the City of Temecula hereby approves that certain Agreement entitled "AMENDMENT TO "AGREEMENT REGARDING SALES TAX REVENUES AS TO BUSINESS LOCATED WITHIN THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA," DATED AS OF JUNE 14, 1991, AS TO CERTAIN PROPERTIES OF LGA-7, INC. ONLY" dated as of May 26, 1998, with such changes mutually agreed upon by the City Manager and LGA-7 as are minor and in substantial conformance with the form of such Agreement as have been submitted herewith. The Mayor is hereby authorized and directed to execute the Agreement, on behalf of the Agency. A copy of the final Agreement when executed by the Mayor and representatives of LGA-7 and attested by the City Clerk shall be place on file in the Office of the City Clerk. Section 3. The City Manager (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 City's obligations, responsibilities and duties to be performed under the Agreement and related documents, including but not limited to, escrow instructions, certificates of acceptance, and implementing agreements. Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 26th day of May, 1998. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC Acting City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, Acting City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 26th day of May, 1998, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC Acting City Clerk AMENDMENT TO "AGREEME~ REGARDING SALES TAX REVENUES AS TO BUSINESS LOCATED WITHIN THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA," DATED AS OF JUNE 14, 1991, AS TO CERTAIN PROPERTIES OF LGA-7, INC. ONLY THIS AMENDMENT is made and entered into as of May 26, 1998, by and between the City of Temecula, a municipal corporation ("City"), and LGA-7, an Illinois corporation CLGA- 7"). In consideration of the mutual covenants and promises made herein, the parties hereto agree as follows: 1. This Amendment is made with respect to the following facts and purposes which each of the parties hereby acknowledges and agrees to be true and correct: A. The Board of Supervisors of Riverside County formed Community Facilities District No. 88-12 CCFD 88-12") on September 26, 1989. At a special election held on March 23, 1990 the qualified electors of the CFD 88-12 authorized CFD 88-12 to incur certain bonded indebtedness and approved the Rate and Method to pay the principal and interest on the bonds through a Special Tax levied by the District. Governance of CFD 88-12 was transferred from the County of Riverside to the City as of December 1, 1997. B. On June 14, 1991, the City and each of the owners of property within CFD 88-12 entered into an agreement entitled "Agreement Regarding Sales Tax Revenues as to Business Located Within the Boundaries of Community Facilities District No. 88-12 (Ynez Corridor) of the County of Riverside, State of California" (the "Agreement"). Two amendments to the Agreement were approved on April 12, 1994 with respect to matters pertaining only to Rancho Mobile Home Estates and Eli Lilly and Company. C. The Agreement generally provides that the City will retain certain sales tax revenues generated by businesses within CFD 88-12. These revenues will then be used to reimburse the owners of properties within CFD 88-12 for payment of the Special Tax to CFD 88- 12 in accordance with specified priorities based on whether the property is developed or undeveloped, as defined in the Agreement. D. The Agreement further provides that reimbursement payments will be made to the then current owner of the property within CFD 88-12, even if the reimbursement is for a Special Tax payment made for a prior fiscal year by the previous owner of the property. E. LGA-7 is the owner of certain real property described on Exhibit A, attached hereto and incorporated herein by this reference (the "Property"). LGA-7 is in escrow to sell a portion of the Property for development of a regional mall and power center and will retain the remainder of the Property for commercial development. Individual parcels will be created from the Property and sold to the major retailers which will be constructing retail stores on the Property. F. LGA-7, or its predecessors in interest, have paid all taxes and assessments for the Property through the 1997-98 fiscal year. G. It is in the interests of both the City and LGA-7 to modify the Agreement to provide that reimbursement of Special Tax payments pursuant to the Agreement through the 1997-98 fiscal year be paid to LGA-7 rather than the then current owners of the Property. 2. Notwithstanding the provisions of the Agreement, the reimbursement of Special Taxes levied on the Property for fiscal years 1990-91 through 1997-98, inclusive, pursuant to the Agreement, if any, shall be paid directly to LGA-7 and not to the owners of the Property at the time the reimbursement is made. Reimbursement of Special Taxes levied on the Property for fiscal year 1998-99 and succeeding fiscal years shall be paid to the then current owners of the Property. 3. Section 20 of the Agreement shall be amended to provide that the addresses for any notices between the City and LGA-7 shall be as follows: A. To the City of Temecula: City of Temecula Post Office Box 9033 42000 Business Park Drive Temecula, CA 92589-9033 With a copy to: Peter M. Thorson, Esq. Richards, Watson & Gershon 333 South Hope Street, 38th Floor Los Angeles, CA 90071 B. To LGA-7: LGA-7, INC. c/o Kemper Insurance Companies One Kemper Drive Corporate Legal Department, C-3 Long Grove, IL 60049-0001 Attn: Chief Financial Officer and General Counsel R:INORTONLIAGENDA$1CFDAGNDAICFDAMDT. AGT C. With copies to: Myron Meyers, Esq. Keith D. Elkins, Esq. Jeffers, Mangels, Butler & Marmaro, LLP 2121 Avenue of the Stars, 10th Floor Los Angeles, CA 90067 Heitman Capital Management Company 9601 Wilshire Blvd., Suite 200 Beverly Hills, CA 90211 Attention: Mr. Brett Mayer 4. The terms of this Amendment to the Agreement apply only to LGA-7 and the Property and not to other properties or other owners within CFD 88-12. 5. Except as specifically provided herein, all other terms and provisions of the Agreement shall remain in full force and effect. R:INORTONLMGENDA$1CFDAGNDAICFDAMDT. AGT IN WITNESS WI-~REOF, the parties hereto have mused this Amendment to Agreement to be ekecuted the day and year first above written. CITY OF TEMECULA BY: Ron Roberts, Mayor ATTEST: BY: Susan W. Jones, CMC, Acting City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney LGA-7, AN ILLINOIS CORPORATION BY: NAME: TITLE: RANORTONLMGENDASICFDAGNDA[CFD.4MDT. AGT EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY EXHIBIT A WILL BE FORWARDED UNDER SEPARATE COVER. R:INORTONL 1,4GENDASICFDAGNDA ICFDAMDT. AGT TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT MAY 12, 1998 A regular meeting of the Temecula Community Services District was called to order at 8:20 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Jeffrey E. Stone presiding. ROLL CALL PRESENT: 5 DIRECTORS: Comerchero, Ford, Lindemans, Roberts, and Stone. ABSENT: 0 DIRECTORS: None. Also present were General Manager Bradley, City Attorney Thorson, and Acting City Clerk Jones. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Minutes 1.1 Approve the minutes of April 28, 1998. 2. ADA Improvement Project. PW No. 97-09, Contract Change Order No. 2 2.1 Approve Change Order No. 2 to the ADA Improvement Project in the amount of $6,071.70 for extra work to complete the project. MOTION: Director Linderoans moved to approve Consent Calendar Item Nos. 1 and 2. The motion was seconded by Director Comerchero and voice vote reflected unanimous approval. minutes. CSD\051298 1 Temecula Community Services District Meetin(~ Mav 12, 1998 PUBLIC HEARING 3. Proposed Residential Street Lighting Fee - Tract 21818 3.1 Adopt a resolution entitled: RESOLUTION NO. CSD 98-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ORDERING, CALLING, AND GIVING NOTICE OF AN ELECTION TO BE HELD ON JUNE 26, 1998, FOR PROPERTY OWNERS OF LOTS 1-14 AND 18-29 WITHIN TRACT NO. 21818 TO ESTABLISH SERVICE LEVEL B RATES AND CHARGES BEGINNING FISCAL YEAR 1998-99 PURSUANT TO ARTICLE XIIID, SECTION 6 OF THE CALIFORNIA CONSTITUTION 3.2 Approve the Election Notice, Ballot, and Procedures for the Completion, Return and Tabulation of the Ballots; 3.3 Authorize staff to mail the ballots to the affected property owners pursuant to the aforementioned process. Community Services Director Nelson reviewed the staff report (of record). President Stone opened the public hearing. There being no public input, the public hearing was closed and the following motion was offered: MOTION: Director Ford moved to adopt Resolution No. CSD 98-05. The motion was seconded by Director Comerchero and voice vote reflected unanimous approval. 4. Proposed Residential Street Lighting Fee - Tract 25892 4.1 Adopt a resolution entitled: RESOLUTION NO. CSD 98-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ORDERING, CALLING, AND GIVING NOTICE OF AN ELECTION TO BE HELD ON JUNE 26, 1998, FOR PROPERTY OWNERS WITHIN TRACT NO. 25892 TO ESTABLISH SERVICE LEVEL B RATES AND CHARGES BEGINNING FISCAL YEAR 1998-99 PURSUANT TO ARTICLE XlIID, SECTION 6 OF THE CALIFORNIA CONSTITUTION 4.2 Approve the Election Notice, Ballot, and Procedures for the Completion, Return and Tabulation of the Ballots; minutes. CSD\051298 2 Temecula Community Services District Meetino Mav 12, 1998 4.3 Authorize staff to mail the ballots to the affected property owners pursuant to the aforementioned process. Community Services Director Nelson reviewed the staff report (of record). President Stone opened the public hearing. There being no public input, the public hearing was closed and the following motion was offered: MOTION: Director Ford moved to adopt Resolution No. CSD 98-06. The motion was seconded by Director Comerchero and voice vote reflected unanimous approval. DISTRICT BUSINESS 5. TCSD Proposed Rates and Charges for FY 1998-99 5.1 Adopt a resolution entitled: RESOLUTION NO. CSD 98-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 1998-99 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH Advising that this evening's action would be to file the preliminary report and to call for a public hearing on June 16, 1998, in order to consider adopting the rates and charges for fiscal year 1998-99, Community Services Director Nelson noted that every property owner within the District will receive a mailed notice informing them of the proposed rates and of the June 16, 1998, public hearing date. Mr. Nelson advised that there will also be a public workshop on June 2, 1998, at 6:00 P.M. In response to Director Comerchero, Community Services Director Nelson advised that as a result of recent street improvements, which eliminated the amount of unpaved areas to be considered, the number of parcels to be levied were lowered from 92 to 90 and the rate for Level R-1 was decreased from last year. MOTION: Director Roberts moved to adopt Resolution No. CSD 98-07. The motion was seconded by Director Ford and voice vote reflected unanimous approval. City Attorney Thorson reiterated that the action taken is an administerial action which simply accepts the report and sets the public hearing. minutes. CSD\051298 3 Temecula Communitv Services District May 12. 1998 DIRECTOR OF COMMUNITY SERVICES REPORT In light of his recent resignation, Community Services Director Nelson extended his appreciation and thanks to the past and current City Council for their continued support of him, his Department, and City Staff. Mr. Nelson also extended appreciation to the Community Services Commission for their support. GENERAL MANAGER'S REPORT Commending Community Services Director Nelson on the manner with which he has handled some of the City's most challenging assignments, City Manager Bradley noted that he will be greatly missed. BOARD OF DIRECTORS' REPORTS A. Director Comerchero thanked Community Services Director Nelson for his teachings on how to be involved in the community and noted that he will be greatly missed. B. Director Lindemans noted that he will always remember Community Services Director Nelson for his efforts associated with the building of the Mary Phillips Senior Center. C. Director Roberts thanked Community Services Director Nelson for his support. D. Director Ford thanked Mr. Nelson for his assistance over the years and noted that he will be greatly missed. E. President Stone wished Mr. Nelson a fond farewell and best of wishes in the future. ADJOURNMENT At 8:38 P.M., President Stone formally adjourned the meeting to Tuesday, May 26, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Jeffrey E. Stone, President Susan W. Jones, CMC Acting City Clerk/District Secretary minutes.CSD\051298 4 ITEM 2 APPROV/~, ,~"-- CITY ATTORNEY FINANCE DIRECTOR~. CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors ,-~ Herman D. Parker, Acting Director of Community Services May 26, 1998 Service Level R Appropriation PREPARED BY: ~ Phyllis L. Ruse, Community Services Administrator RECOMMENDATION: That the Board of Directors appropriate $4,500 to road maintenance in Service Level R from fund balance. BACKGROUND: Service Level R provides for the maintenance of unpaved public roads throughout the City. The service provided consists of clearing and blading unpaved roads that have been rutted and otherwise damaged by inclement weather. Those properties which receive benefit from this service pay an annual rate and charge on their property tax bills to cover the cost to provide the service. The unusually long rainy season experienced this year has created additional maintenance needs for the affected roads. The current year's budget has been exhausted and it is estimated that an additional $4,500 will be necessary to provided the needed services through the end of this fiscal year. FISCAL IMPACT: Sufficient funds are available in Service Level R fund balance to cover this request. Funds to be appropriated to fund 190-195-999-5402. r: \rusep~ag enclas\svclvlr. app ITEM 3 APPROV.~,~,, ~"'"- CITY ATTORNEY DIRECTOR OF FINANC/E,,, CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors ~Herman D. Parker, Acting Director of Community Services May 26, 1998 Tract No. 23583 - Establishing Service Level B Rates and Charges (Located southerly of North General Kearny Road at Calle Madero) PREPARED BY: RECOMMENDATION: ~Y,d{Beryl Yasinosky, Development Services Analyst That the Board of Directors: Adopt a resolution entitled: RESOLUTION NO. CSD 98-.__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO ESTABLISHING SERVICE LEVEL B RATES AND CHARGES FOR TRACT NO. 23583 BEGINNING FISCAL YEAR 1999-00 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH BACKGROUND: The Temecula Community Services District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting services to numerous residential subdivisions within the City of Temecula through Service Level "B". The boundaries of the TCSD are coterminous with the City, and the City Council also serves as the Board of Directors of the TCSD. Tract No. 23583 is a residential subdivision consisting of 21 undeveloped residential lots, located on the southerly side of North General Kearny Road, north of Calle Madero. The property owner has requested that the TCSD establish the future parcel charges necessary to provide ongoing revenue for residential street lighting services within this subdivision. Beginning Fiscal Year 1999-00, the following TCSD rates and charges are proposed for residential street lighting services within Tract No. 23583: Service Level B 925.68 per parcel Pursuant to the provisions of Proposition 218, the TCSD is required to hold a property owner election in order to establish 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. A notice is mailed to the property owner identifying the proposed rates and charges and date of the Public Hearing. 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 election not less than 45 days after the public hearing. The proposed rates and charges cannot be imposed unless the new charges have been approved by the property owner. Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed residential street lighting rates and charges for Tract No. 23583 beginning in Fiscal Year 1999-00 and schedule a public hearing concerning this issue for July14, 1998. Staff will then proceed with noticing the owner of Tract No. 23583 regarding the proposed rates and charges and the public hearing date. If the Board adopts the rates and charges on July 14, 1998, staff will then proceed with the mailed ballot process. FISCAL IMPACT: If voter approved, beginning Fiscal Year 1999-00, the proposed levy of $25.68 per parcel for Service Level B will generate $538.02 annually. Actual costs for providing long-term residential street lighting services within Tract No. 23583 will be absorbed into Service Level B upon installation of the street light improvements. The owner of Tract No. 23583 has paid the administrative and mailing costs associated with the public notices and ballot information required per Proposition 218. ATTACHMENTS: 1. 2. Resolution of Intention Location Map z:\yaslnobk235832cad.tl= 05269~ RESOLUTION NO. CSD 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF ~ TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING ~ FILING OF A REPORT WITH RESPECT TO ESTABLISHING SERVICE LEVEL B RATES AND CHARGES FOR TRACT NO. 23583 BEGINNING FISCAL YEAR 1999-00 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section !. upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District CTCSD"), to provide specified services to properties within its jurisdiction. Section ~. The TCSD provides long-term residential street lighting services in numerous residential developments within the City of Temecula. Pursuant to Govermnent Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for residential street lighting (Service Level B) 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 must initiate proceedings in order to provide residential street lighting services within Tract No. 23583 beginning Fiscal Year 1999/00. Pursuant to Government Code Section 61621.2, the TCSD b~as caused a written report ("Report") to be prepared and fred with the Secretary of the TCSD, which Report contains a description of the real property and the proposed amount of Service Level B rates and charges required for maintenance of the new residential street lighting for each parcel within Tract No. 23583 beginning fiscal year 1999/00. 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 charge is levied, the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes appear on the roll, then the charge shall not result in a lien against the property, but instead shah be transferred to the unsecured roll for collection. Section 4. The Board of Directors hereby acknowledges the f'ding of the Report, and appoints the 14th day of July, 1998 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 B rates and charges. At the public heating, the Board of Directors will hear and consider all objections or protests, if any, to the Report. The Board may continue the hearing from time to time. Section 5. The Secretary of the TCSD is hereby directed to give notice of the fding 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 26th day of May, 1998. ATTEST: Jeffrey E. Stone, President Susan Jones, CMC Acting City Clerk/District Secretary [SEAL] STATE OF CALn~ORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEM~CULA ) SS I, Susan W. Jones, Acting City Clerk/District Secretary for the Temecula Community Services District, do hereby certify that Resolution No. CSD 98- was duly and regularly adopted by the board of Directon of the Temecula Community Services District at a regular meeting thereof held on 26th day of May, 1998. AYES: NOES: BOARD MEMBERS r:\ya~mobk\23583.re~ 052698 TCSD DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: DATE:  erman D. Parker, Acting Director of Community Services May 26, 1998 SUBJECT: Departmental Report PREPARED BY: O~ Gail L. Zigler, Administrative Secretary On February 10, 1998, the City Council awarded a contract to Edge Construction for $1.35 million, for the construction of Margarita Community Park. A preconstruction meeting was held on March 11, 1998, and construction has begun. The Master Plan includes parking, lighting, tot lots, picnic facilities, landscaping, irrigation, pedestrian walkways, a roller hockey rink, tennis courts, and ballfield lighting. It is anticipated this project will be completed in the Spring, 1999. The City Council awarded a contract on October 7, 1997, to ModCraft for the ADA upgrades project and this project is currently under construction. This project provides handicap accessibility to the following park sites: John McGee Park, Calle Aragon Park, Bahia Vista Park, Rancho California Sports Park and Veteran's Park. Construction improvements are complete at John McGee Park, Bahia Vista Park and Rancho California Sports Park. Staff will need to inspect and accept the construction improvements. New ADA accessible play equipment has been ordered for Calle Aragon Park. It is anticipated the installation of this equipment will be completed in June. On February 10, 1998, the City Council awarded a contract to Terra Cal Construction for $601,000, for the construction of Winchester Creek Park. A preconstruction meeting was held on March 16, 1998, and construction has begun. Winchester Creek Park is a 4.5 acre passive use park consisting of a tot lot, picnic facilities, an outdoor basketball court, a sand volleyball court and open turf areas. On March 17, 1998, the Board of Directors approved a Professional Services Agreement and Scope of Services, in the amount of $55,000, with AMS Planning and Research, for the preparation of a ten (10) year Cultural Arts Master Plan for the City of Temecula. A project committee meeting has been scheduled on June 16, 1998, with the consultant and members of the community. On June 17, the consultant will be holding individual interviews with various members of the arts organizations in the community. R:~t~AGENDAS~I~gS05 May 20, Ubrary architect interviews were held on February 9, 1998, with follow-up interviews held on February 26, 1998. Council awarded a design contract to cover site selection, programming and master planning of the site to LPA, Inc., on May 12, 1998, in the amount of $58,000. Once the documentation is complete, staff will establish a project committee. City Council awarded a contract to Dahl, Taylor & Associates for the design of a temperature control system at the Community Recreation Center gymnasium. Bid opening was held March 26, 1998, and the City Council awarded a contract on April 14, 1998 to 1st Mechanical. Staff anticipates construction to begin on June 8, 1998, with this project completed by mid August 1998. At the request of the several homeowners who live in the area of Butterfield Stage Park, staff is currently in the process of designing a half court basketball court at Butterfield Stage Park. Staff is currently reviewing the plans. It is anticipated this project will go out to bid in June, 1998. The Sports Park Sidewalk Project is currently in third plan check. Modifications were made to the landscaping and irrigation plans. Staff anticipates this project will be out to bid on July 1, 1998. The Community Recreation Center swimming pool is currently open for the spring swimming season with public swimming on Monday, Wednesday, and Friday from 2:00 - 5:00 p.m., and Saturdays and Sundays from 1:00 p.m. to 5:00 p.m. Swim lesson registrations for the first session of our Summer Swim Program, will be held on Saturday June 6, 1998, for Temecula residents and Tuesday, June 9, for non-residents, with lessons beginning on June 15, 1998. The City of Temecula Community Services Department held the second annual Kite Day at Paloma Del Sol Park on Sunday, May 17, 1998, co-sponsored by Target of Temecula. There were approximately 350 - 400 in attendance at this event. Kites were given away as part of the event, courtesy of Target of Temecula. P,:~A~AGENDASM!~9805 May 20, 1998 REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY MAY 12, 1998 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:38 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairman Lindemans presiding. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone, and Lindemans. ABSENT: 0 AGENCY MEMBER: None. Also present were Executive Director Bradley, City Attorney Thorson, and Acting City Clerk Jones. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Minutes 1.1 Approve the minutes of April 28, 1998. 2. Award of Contract to J and M Construction to Paint the Second Phase of the Mural at the Old Town Transportation Center 2.1 Award the Contract for $21,250 to J and M Construction to paint the second phase of the mural at the Old Town Transportation Center; 2.2 Authorize Executive Director and Agency Counsel to Execute the contract. Mr. Ed Dool thanked the City Council for their approval of this expenditure. Versus piecemealing a project such as this one and in order to reduce the expenditure, Agency Member Roberts suggested that future contracts be drafted to encompass an entire project. minutes,RDA\051298 1 Acquisition of Property for the Affordable Housing Program - 28545 Front Street (APN 922-036-031 ) 3.1 Adopt a resolution entitled: RESOLUTION NO. RDA 98-07 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS" FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 28545 FRONT STREET (APN 022-036- 031) IN THE CITY OF TEMECULA 3.2 Authorize the expenditure of up to $360,000 from the RDA Housing Fund for acquisition, soil testing and remediation, escrow and closing costs. 4. Acquisition of Real Property in Old Town 4.1 Adopt a resolution entitled: RESOLUTION NO. RDA 98-08 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS" FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF SECOND AND FRONT STREET (APN 922-046-020) IN THE CITY OF TEMECULA 4.2 Authorize the expenditure of up to $215,000 from the RDA Fund for acquisition, soil testing, escrow and closing costs; 4.3 Appropriate $215,000 from the RDA Bond Proceeds. MOTION: Agency Member Roberts moved to approve Consent Calendar Item Nos.1 - 4. The motion was seconded by Agency Member Comerchero and voice vote reflected unanimous approval with the ex(;eption of Agency Member Stone who abstained. REDEVELOPMENT DIRECTOR'S REPORT None. EXECUTIVE DIRECTOR'S REPORT None. minutes. RDA\051298 2 AGENCY MEMBERS' REPORTS None. ADJOURNMENT At 8:41 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, May 26, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Karel F. Lindemans, Chairman ATTEST: Susan W. Jones, CMC Acting City Clerk/District Secretary minutes. RDA\051298 3 ITEM 2 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE/~ CITY MANAGER CITY OF TEMECULA/TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members/City Councilmembers FROM: Marilyn Whisenand, Redevelopment Consultant DATE: May 26, 1998 SUBJECT: Disposition and Development Agreement and Ground Lease for the North Pujol Redevelopment Project BY: John Meyer, Housing and Redevelopment Manager RECOMMENDATION: That the Temecula City Council adopt: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROV- ING THAT CERTAIN AGREEMENT ENTITLED "DISPOSITION AND DEVELOPMENT AGREEMENT" BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND TEMECULA GARDENS, L.P., DATED AS OF MAY 26, 1998 AND THAT CERTAIN GROUND LEASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND TEMECULA GARDENS, L.P., DATED AS OF MAY 26, 1998 FOR THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN REDEVELOPMENT PROJECT NO. 1--1988 That the Temecula Redevelopment Agency (RDA) adopt: RESOLUTION NO. RDA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DISPOSITION AND DEVELOPMENT AGREEMENT" AND THAT CERTAIN GROUND LEASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND TEMECULA GARDENS, L.P., DATED AS OF MAY 26, 1998 FOR THE REDEVELOPMENT OF CERTAIN PROP- ERTY WITHIN REDEVELOPMENT PROJECT NO. 1--1988 BACKGROUND: The RDA began acquiring property for the North Pujol Redevelopment Project in Spring of 1996 by purchasing four single family homes. Later, the Agency purchased the Pujol (14 units) and Sherwood Apartments (24 units) from the Federal Deposit Insurance Corporation. A total of $1,669,169 was spent for the acquisition of real estate, R:\HOUSING\NOPUJOL\BOND.CC 5/18/98 jrm 1 relocation, demolition and associated costs to assemble those properties. The Agency now contracts with a property manager who manages the properties under affordable housing restrictions. All tenants meet affordable housing eligibility requirements. In order to incorporate the properties in an overall plan for new affordable housing, the Agency prepared a Request for Qualifications (RFQ) in March of 1997. The RFQ was sent to nearly eighty firms associated with affordable housing in Southern California. However, the Agency received only one unqualified response. After speaking with several firms it became clear that the small size of the project was the reason for the lack of response. Staff then obtained a new list of housing firms in the San Diego area who had recently completed small affordable housing projects. A revised RFQ was sent to these seven firms. Only the Affirmed Housing Group and the San Diego Community Housing Corporation responded. A selection committee chose the Affirmed Housing Group because of their recent successful work in Escondido, their approach to the project and their experience with tax credit funding sources. References contacted also spoke highly of the property management firm used by the Affirmed Housing Group. Project Description The proposed project is now known as Mission Village. The proposed scope of the work is · as follows: Significant rehabilitation to the 38 existing units, including new roof, replacement of wood siding with stucco, new architectural entries and expanded balconies. Minimal rehabilitation to the interiors. Construction of eighteen new three bedroom affordable housing units on the land between the existing apartments. Construction of twenty new three bedroom affordable housing units on a 1.3 acre parcel to be acquired by Affirmed Housing, located directly behind the Sherwood Apartments. Removal of existing garages, development of 76 new carports. Reconfiguration of existing drive aisles and parking areas. Addition of a sales office, three laundry facilities, two tot lots, a full size swimming and wading pool and a barbecue area. Complete re-landscaping. The new project will provide a total of 38 new three bedroom units and 38 rehabilitated two bedroom units. One hundred percent of the units will be restricted to affordable rents for the term of the 50 year lease as follows: R:\HOUSING\NOPUJOL\BOND.CC 5/18/98 jrm 2 23 of the 2 bedrooms at 50% of medium income 15 of the 3 bedrooms at 50% of medium income 15 of the 2 bedrooms at 60% of medium income 23 of the 3 bedrooms at 60% of medium income Development and Disposition Agreement In order to finance the construction and rehabilitation of the project, the developer has applied to the California Debt Advisory Committee for an allocation of tax exempt mortgage revenue bonds. Authorization has been granted and bonds must be issued by June 23, 1998. The RDA held a public hearing on the bonds on March 17,1998, and authorized issuance not to exceed 96,300,000. The estimated bond amount is 95,800,000 The proposed bond issue is a revenue bond secured by project income and an RDA pledge of housing set aside funds in an amount not to exceed 9305,000 per year. The Agency will have no further pledge or responsibility for the bonds. The same financing mechanism was used to finance the Rancho West project. Federal tax credits are being pursued by the developer and are expected to infuse nearly 91.5 million into the project. Tax credit income results from the sale of federally approved tax deductions to private investors who benefit from them. Lease Terms It is proposed that the RDA will lease the project site to Affirmed Housing for a 50 year period. The RDA will receive a lump sum advance lease payment of 91.7 million, thereby recovering the acquisition cost of the Sherwood and Pujol Apartments, and the acre of land between. The lease will include a 1.3 acre parcel which will be conveyed by Affirmed Housing at no cost to the RDA and included in the RDA lease. Summary The structure of the proposed Disposition and Development Agreement and Ground Lease allows the Agency to recover all acquisition costs for the project site from bond proceeds thus leveraging housing set-aside funds over the length of the project by means of an annual pledge not to exceed 9305,000. This is an extremely attractive project considering half of the newly constructed units are three bedroom units. In addition to the creation and rehabilitation of affordable housing, this project will further stabilize the north end of the Pujol neighborhood and set a high standard of quality for a/I new residential development in the area. FISCAL IMPACTS: The 9305,000 annual obligation has been included in the proposed FY 99-03 Capital Improvement Budget. It will be funded by the Affordable Housing Units - Land Assembly/Project Development (Account No. 165-199-812-5804), which currently has a $640,000 balance. R:\HOUSING\NOPUJOL\BOND.CC 5/18/98 jrm 3 Attachments 1. Resolution No. 98- 2 Resolution RDA No. 98- R:\HOUSING\NOPUJOL\BOND.CC 5/18/98 jrm 4 ATTACHMENT 1 RESOLUTION NO. 98- R:\HOUSING\NOPUJOL\BOND.CC 5/15/98 jrm 5 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DISPOSITION AND DEVELOPMENT AGREEMENT" BETWEEN THE REDEVEL- OPMENT AGENCY OF THE CITY OF TEMECULA AND TEMECULA GARDENS, L.P., DATED AS OF MAY 26, 1998 AND THAT CERTAIN GROUND LEASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND TEMECULA GARDENS, L.P., DATED AS OF MAY 26, 1998 FOR THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN REDEVELOPMENT PROJECT NO. 1--1988 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby finds, determines and declares that: a. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law CCRL"), Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. b. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1-1988" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On 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 project proposed by Temecula Gardens,.L.P. ("Developer") pertains to property located at 28485, 28497, 28534, 28535, 28545, 28555, 28559, and 28565 Pujol Street in the City of Temecula ("Site"), which is within the Project Area. d. The Project to be developed on the Site pursuant to the Disposition and Development Agreement ("Agreement") will consist of the rehabilitation of 38 existing rental units and the construction of 38 new rental units. All units on the Site will be available at rents affordable to persons and families of low or moderate income. e. Pursuant to the provisions of Health & Safety Code Sections 33430, 33431 and 33433, 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 and Ground Lease 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 and the Ground Lease. 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 pub lication of the notice of public hearing. g. The lease of the Site as proposed by the Disposition and Development Agreement and the Ground Lease is at less than fair market rental value based on the Agency's real estate analysis. Concurrently with the adoption of this resolution, the Agency Board found that, in accordance with the authority of Health & Safety Code Section 33433 that: (1) the lease 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 Site as required by the Agreement will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area in that 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 low 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 Site as provided in the Agreement and Ground Lease 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 and Ground Lease. 1. The City Council and Agency Board has duly considered all terms and conditions of the proposed Agreement and believes that such agreement is in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law require- ments. R:IHOUSINGINOPUJOL\BONDCC.RES 5/15/98 jrm 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 affordable housing costs to persons and families of low to moderate income, including lower income and very low 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 low and lower income households, or persons and families of low or moderate income to the extent those households cannot obtain housing at affordable costs on the open market. d. Pursuant to the CRL Section 33413(b), the Agency is required to ensure at least fifteen percent (15%) of all new and substantially rehabilitated dwelling units developed within the Project Area by private of public entities or persons other than the Agency shall be available at affordable housing cost to persons and families of low or moderate income, and such inclusionary units may be provided outside the boundaries of the Project Area in conformity with the requirements of CRL Section 33413(b)(2)(A)(ii). e. 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 low to moderate income households. f. 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. g. 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 low 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 R:\HOUSING~NOPUJOLkBONDCC.RES 5/15/98 ]rm new housing which restricted so as to be affordable for occupancy by very low income, lower income and median income households. h. The California Legislature declares in Health and Safety Code Section 36000, 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 low 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 of the City of Temecula hereby further finds, determines an d declares that: a. An Initial Study of Environmental Impact and a Negative Declaration has been prepared for the Disposition and Development Agreement by and between the Agency and Developer and circulated in accordance with the provisions of the California Environmental Quality Act and the State CEQA Guidelines. The Initial Study and Negative Declaration of Environmental Impact is on file in the Office of the Secretary of the Agency. b. Prior to approving the Project, the Board of Directors of the Agency and the City Council considered the Initial Study of Environmental Impact and the Negative Declaration, together with any comments received during the public review process. c. The City Council specifically finds and determines that on the basis of the Initial Study of Environmental Impact and any comments received in the public review process, there is no substantial evidence before the Council and the Agency that the Project will have a significant effect on the environment. As a result of the Initial Study and any comments received during the public review process, the Project will not result in any adverse effect, either individually or cumulatively, on wildlife (as defined by Sec- tion 711.2 of the Fish and Game Code) or on wildlife habitats and resources. Section 4. As a responsible agency, the City Council of City of Temecula, based upon the findings set forth above, hereby certifies and approves the Negative Declaration of Envi- ronmental Impact for the project which is attached hereto as Exhibit "A" and by this reference incorporated herein, and directs the Executive Director to file a Notice of Determination with the County Clerk of the County of Riverside forthwith. Section 5. The City Council of the City of Temecula hereby approves that certain Disposition and Development Agreement entitled "Disposition and Development Agreement" between the Redevelopment Agency of the City of Temecula, a public body corporate and politic, and Temecula Gardens, L.P. dated as of May 26, 1998 and authorizes the Agency to approve said Agreement in substantially the form submitted to the Council, subject to such revisions as authorized by the Agency Board. R:\HOUSING\NOPUJOL\BONDCC.RES 5/15/98 jrm Section 6. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 26th day of May, 1998. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC Acting City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, Acting City Clerk of the City of Temecu la, California, do hereby certify that Resolution No. was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 26th day of May, 1998, by the fo Ilowing vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC Acting City Clerk R:\HOUSING\NOPUJOL\BONDCC.RES 5/15/98 jrm ATTACHMENT 2 RESOLUTION RDA NO. 98- R:\HOUSING\NOPUJOL\BOND.CC 5115/98 jrm 6 RESOLUTION NO. RDA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVEL- OPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DISPOSITION AND DEVELOPMENT AGREEMENT" AND THAT CERTAIN GROUND LEASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND TEMECULA GARDENS, L.P., DATED AS OF MAY 26, 1998 FOR THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN REDEVELOPMENT PROJECT NO. 1--1988 THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby finds, determines and declares that: a. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law ("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 June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1-1988" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On 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 project proposed by Temecula Gardens, L. P. ("Developer") pertains to property located at 28485, 28497, 28534, 28535, 28545, 28555, 28559, and 28565 Pujol Street in the City of Temecula ("Site"), which is within the Project Area. d. The Project to be developed on the Site pursuant to the Disposition and Development Agreement ("Agreement") will consist of the rehabilitation of 38 existing rental units and the construction of 38 new rental units. All units on the Site will be available at rents affordable to persons and families of low or moderate income. e. Pursuant to the provisions of Health & Safety Code Sections 33430, 33431 and 33433, 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 and Ground Lease 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 and the Ground Lease. 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 pub lication of the notice of public hearing. g. The lease of the Site as proposed by the Disposition and Development Agreement and the Ground Lease 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 lease 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 Site as required by the Agreement will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area in that 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 low 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 Site as provided in the Agreement and Ground Lease 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 and Ground Lease. 1. The Agency Board has duly considered all terms and conditions of the proposed Agreement and believes that such agreement is in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. R:kHOUSING~NOPUJOL~BONDRDA.RES 5/15/98 jrm 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 Temecul a 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 affordable housing costs to persons and families of low to moderate income, including lower income and very low 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 low and lower income households, or persons and families of low or moderate income to the extent those households cannot obtain housing at affordable costs on the open market. d. Pursuant to the CRL Section 33413(b), the Agency is required to ensure at least fifteen percent (15%) of all new and substantially rehabilitated dwelling units developed within the Project Area by private of public entities or persons other than the Agency shall be available at affordable housing cost to persons and families of low or moderate income, and such inclusionary units may be provided outside the boundaries of the Project Area in conformity with the requirements of CRL Section 33413(b)(2)(A)(ii). e. 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 low to moderate income households. f. 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. g. 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 low 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 low income, lower income and median income households. R:~HOUSING~NOPUJOL~BONDRDA.RES 5/15/98 jrm h. 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 low 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 Board of Directors of the Redevelopment Agency of the City of Temecul a hereby further finds, determines and declares that: a. An Initial Study of Environmental Impact and a Negative Declaration has been prepared for the Disposition and Development Agreement by and between the Agency and Developer and circulated in accordance with the provisions of the California Environmental Quality Act and the State CEQA Guidelines. The Initial Study and Negative Declaration of Environmental Impact is on file in the Office of the Secretary of the Agency. b. Prior to approving the Project, the Board of Directors of the Agency and the City Council considered the Initial Study of Environmental Impact and the Negative Declaration, together with any comments received during the public review process. c. The Agency Board specifically finds and determines that on the basis of the Initial Study of Environmental Impact and any comments received in the public review process, there is no substantial evidence before the Council and the Agency that the Project will have a significant effect on the environment. As a result of the Initial Study and any comments received during the public review process, the Project will not result in any adverse effect, either individually or cumulatively, on wildlife (as defined by Sec- tion 711.2 of the Fish and Game Code) or on wildlife habitats and resources. Section 4. Based upon the findings set forth above, the Board of Directors of the Redevelopment Agency of City of Temecula hereby certifies and approves the Negative Declaration of Environmental Impact for the Project and directs the Executive Director to file a Notice of Determination with the County Clerk of the County of Riverside forthwith. Section 5. 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 low-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 low income. R:\HOUSING~NOPUJOL~BONDRDA.RES 5/15/98 jrm Section 6. The Board of Directors of the Redevelopment Agency of the City of Temecul a hereby approves that certain agreement entitled "Disposition and Development Agreement" between the Redevelopment Agency of the City of Temecula, a public body corporate and politic, and Temecula Gardens, L.P. dated as of May 26, 1998, and that certain "Ground Lease" between the Redevelopment Agency of the City of Temecula, a public body corporate and politic, and Temecula Gardens, L.P. dated as of May 26, 1998, with such changes in each document as may be mutually agreed upon by the Developer and the Agency Executive Director as are minor and in substantial conformance with the form of such Agreement and Ground Lease as are 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, and the Ground Lease on behalf of the Agency. A copy of the final Agreement and Ground Lease 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 Ground Lease and to administer the Agency's obligations, respon- sibilities and duties to be performed under the Agreement, Ground Lease and related documents, including but not limited to, escrow instructions, certificates of acceptance, and implementing agreements. Section 8. The Secretary of the Agency shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Redevelopment Agency this 26th day of May, 1998. Karel F. Lindemans, Chairperson ATTEST: Susan W. Jones, CMC Acting Agency Secretary/City Clerk [SEAL] R:kHOUSING~NOPUJOL~BONDRDA.RES 5/15/98 jrm STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, Susan W. Jones, Acting Secretary of the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. RDA 98- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency at a regular meeting thereof held on the 26th day of May, 1998, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Susan W. Jones, CMC Acting Agency Secretary/City Clerk R:~HOUSING~NOPUJOL~BONDRDA.RES 5/15/98 jrm City of Temecula Planning Department Notice of Proposed Negative Declaration PROJECT: APPLICANT: LOCATION: DESCRIlYrION: North Pujol Street Apartments Temecula Redevelopment Agency Old Town, SW corner of 6th and Pujol Streets To construct 38 affordable apartment units and refurbish 37 existing affordable units and enter into a Development Disposition Agreement between the Temecula Redevelopment Agency and the Affirmed Housing Group to develop, rehabilitate, operate, and maintain as affordable housing units under a 50 year lease. The City of Temecula intends to adopt a Negative Declaration for the project described above. Based upon the information contained in the attached Initial Environmental Study and pursuant to the requirements of the California Environmental Quality Act (CEQA); it has been determined that this project as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, the City Council intends to adopt a Negative Declaration for this project. The mitigation measures required to reduce or mitigate the impacts of this project on the environment are included in the project design and/or the Mitigation Monitoring Program which is attached to this Notice and will be included as part of the Negative Declaration for this project. The Comment Period for this proposed Negative Declaration is May 8, 1998 to May 25, 1998. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula, P.O. Box 9033, Temecula, CA 92589-9033. City Hall is located at 43200 Business Park Drive. The public notice of the intent to adopt this Negative Declaration is provided through: X The Local Newspaper. X Posting the Site. X Notice to Adjacent Property Owners. If you need additional information or have any questions concerning this project, please contact Saied Naaseh, Associate Planner at (909) 694-6400. Prepared by: ~--. ~ _ - (Signature) (Name and Title) R:~HOUSINGhN'OPUJOL\CEQA.PND 5/7/98 an CITY OF TEMECULA Environmental Checklist 4. 5. 6. 7. o 10. Project Title: Pujol Street Affordable Housing Project Lead Agency Name and Address: City of Temecula, 43200 Business Park Drive, Temecula, CA 92590 Contact Person and Phone Number: Saied Naaseh, Associate Planner, (909) 694-6400 Project Location: SW comer of 6th and Pujol Streets Project Sponsor's Name and Address: Temecula Redevelopment Agency General Plan Designation: M Medium Density Residential (7-12 dwelling units/acre) Zoning: MDR Medium Density Residential (7-12 dwelling units/acre) Description of Project: To construct a 38-unit apartment complex with recreation amenities including pool and tot lot on a 2.3 acre site and rehabilitation of 37 existing apartment units and approval of a Development Disposition Agreement between the Temecula Redevelopment Agency and the Affumed Housing Group to develop, rehabilitate, operate, and maintain as affordable housing units under a 50 year lease. Surrounding Land Uses and Setting: Existing single family, multi-family residential, and vacant parcels Other public agencies whose approval is required: Riverside County Fire Department, Riverside County Department of Environmental Health, Riverside County Flood Control and Water Conservation District, Eastern Municipal Water District, Rancho California Water District, Temecula Valley Unified School District, Southern California Gas Company, Southern California Edison Company, General Telephone Company, Riverside Transit Agency. 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 Unless Mitigation Incorporated" as indicated by the checklist on the following pages. R:~HOUSINGLNOPUJOL\IN1TIALS.CC 5fi/98 m 4 [ ] Land Use and Planning [ ] Hazards [ ] Population and Housing [ ] Noise [X] Geologic Problems [ ] Public Services [ ] Water [ ] Utilities and Service Systems [ ] Air Quality [X] Aesthetics [X] Transportation/Circulation [ ] Cultural Resources [ ] Biological Resources [ ] Recreation IX] Energy and Mineral Resources [ ] Mandato~ Findings of Significance DETERMINATION On the basis of this initial evaluation: I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect m this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. Signature Date Printed Name: Saied Naaseh For the City of Temecula R:~IOUSI~OkNOPUIOLVIN1TIALS.CC 5/7/98 sn 5 ISSUES AND SUPPORTING INFORMATION SOURCES Potentially Significant Potentially Significant Unless Mitigation Less Than Significant No 1. LAND USE AND PLANNING. Would the proposal: a.Conflict with general plan designation or zoning? (Source 1, Figure 2-1, Page 2-17) b. Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c. Be incompatible with existing land use in the vicinity? (Source 1, Figure 2-1, Page 2-17) d. Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (Source 1, Figure 5-4, Page 5-17) e. Disrupt or divide the physical arrangement of an established commumty (including low-income or minority community)? 2. POPULATION AND HOUSING. Would be proposal: a. Cumulatively exceed official regional or local population projections? b. Induce substantial growth in an area either directly or indirectly (e.g. through project in an undeveloped area or extension of major infrastructure)? c. Displace existing housing, especially affordable housing? 3. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving? a. Fault rupture? (Source 1, Figure 7-1, Page 7-6) b. Seismic ground shaking? (Source 1, Figure 7-1, Page 7-6) [] [] [] [] [] [] [l [] [1 [1 [] [] [] [] [] [] [] [l [] [] [] [] [] [] [] [] [] IX] [] [] [x] [x] [x] [x] [x] [x] [] [Xl [Xl c. Seismic ground failure, including liquefaction? (Source 1, Figure 7-2, Page 7-8 and Source 4) d. Seiche, Bunarm, or volcanic hazard? (Source 4) e. Landslides or mudflows? f. Erosion, changes in topography or unstable soil conditions form excavation, grading or fill? g. Subsidence of the land? (Source 1, Figure 7-2, Page 7-8 and Source 4) h. Expansive soils? (Source 4) [] [] [] [] [] [] ix] [] [1 ix] ix] ix] [] [] [] [] [] [] [l IX] ix] [] [] [] R:\HOUSINGhNOPUJOL\IN1TIALS.CC 5/7/98 sn 6 ISSUES AND SUPPORTING INFORMATION SOURCES Potentially Significant Impa~t Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No i. Unique geologic or physical features? (Source 4) WATER. Would the proposal result in: a. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff?. b. Exposure of people or property to water related hazards such as flooding? (Source 5) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Changes in the amount of surface water in any water body? Changes in currents, or the course or direction of water movements? Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (Source 4) Altered direction or rate of flow of groundwater? (Source 4, Page 4) Impacts to groundwater quality? (Source 4, Page 4) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (Source 4) 5. AIR QUALITY. Would the proposal: a. Violate any air quality standard or contribute to an existing or projected air quality violation7 (Source 7, Table 6-2, Page 6-10 ) b. Expose sensitive receptors to pollutants? c. Alter air movement, moisture or temperature, or cause any change in climate? d. Create objectionable odors? 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: [] [] [] [] [] [] [] [] [] [] [1 [l [l [] [1 [] [] [] [] [] [] [1 [1 [] [] [l [l [] [] [xl [] [] [] [] [1 [l [] [] [] [] [] IX] ix] [] [x] IX] IX] IX] IX] IX1 IX] [Xl IX] [] R:\HOUSINGhNOPUJOL\INITIAL~.CC 5f7/98 sn 7 ISSUES AND SUPPORTING INFORMATION SOURCES a. Increase vehicle trips or traffic congestion? (Source 6) b. Hazards to safety from design features (e.g. sharp curves or dangerous intersection or incompatible uses)? c. Inadequate emergency access or access to nearby uses? d. Insufficient parking capacity on-site or off-site? (Source 2, Table 17.24(a), Page 17.24-9) e. Hazards or barriers for pedestrians or bicyclists? f. Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)7 g. Rail, waterborne or air traffic impacts? 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a. Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds)? (Source 1, Figure 5-3, Page 5-15) b. Locally designated species (e.g. heritage trees)7 (Source 1, Figure 5-3, Page 5-15) c. Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (Source 1, Figure 5-3, Page 5-15) d. Wetland habitat (e.g. marsh, riparian and vernal pool)? (Source 1, Figure 5-3, Page 5-15) e. Wildlife dispersal or migration corridors? 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a. Conflict with adopted energy conservation plans? b. Use non-renewal resources in a wasteful and inefficient manner? 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? 9. HAZARDS. Would the proposal involve: a. A risk of accidental explosion or release of hazardous R:\HOUSINGhNOPU.IOL\INrrlALS.CC 5/7/98 sn 8 Potentially Significant Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] Potentially Significant Unleas Mitigation Incorporated ix] [] [1 [1 [] [] [] [] [1 [] [] [] [] [] [] Significant Imp~t [] [] [1 [] [] [] [] [] [] [] [1 [] IX] IX] [] No [1 [x] [x] IX] ix] IX] IX] IX] IX] IX] [x] [] [] IX] ISSUES AND SUPPORTING INFORMATION SOURCES 10. 11. substances (including, but not limited to: oil, pesticides, chemical or radiation)? (Source 1, Figure 7-5, Page 7-14) Possible interference with an emergency response plan or emergency evacuation plan? c. The creation of any health hazard or potential health hazard? d. Exposure of people to existing sources of potential health hazards? e. Increase fu:e hazard in areas with flammable brash, grass, or trees? NOISE. Would the proposal result in: a. Increase in existing noise levels? b. Exposure of people to severe noise levels? (Source 1, Figures 8-3, 8-4, and 8-5, Pages 8-1 1, 8-12 and 8-14) PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Maintenance of public facilities, including roads? e. Other governmental services? 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Local or regional water treatment or distribution facilities? d. Sewer or septic tanks? e. Storm water drainage? Potentially Significant Impact [] [] [] [] [] [] [] [] [] [] [] [] [1 [1 [] [] [] Potentially Significant Unl~a Mitigation Incorporated [] [] [] [] [] [] [] [] [] [] [] [] [] [1 [1 [] [] Significant [] [] [] [] [] [~] [~ IX] ix] ix] [xl [1 [1 [] [] [] [x] No [x] [x] IX] ix] [] [] [] [] [] [] [x] [x] [x] IX] [x] [1 R:\HOUSINOh'qOPUIOL\INITIALS.CC 5/7198 sn 9 ISSUES AND SUPPORTING INFORMATION SOURCES Potentially Significant Impact Potentially Significant Unless Mitigation Incouporated Significant No f. Solid waste disposal7 g. Local or regional water supplies? 13. AESTHETICS. Would the proposal: a. Affect a scenic vista or scenic highway? b. Have a demonstrable negative aesthetic effect? Create light or glare? 14. CULTURAL RESOURCES. Would the proposal: a. Disturb paleontological resources? (Source 1, Figure 5-7, Page 5-22 ) [] [] [] [] [] [] [] [] [1 [1 IX] [] [] [] [] IX] [] [1 ix] IX] IX] [] [] ix] b. Disturb archaeological resources? (Source 1, Figure 5-6, Page 5-21) c. Affect historical resources? (Source 3, Page 281 and Source 6) d. Have the potential to cause a physical change which would affect unique ethnic cultural values? e. Restrict existing religious or sacred uses within the potential impact area? 15. RECREATION. Would the proposal: a. Increase the demand for neighborhood or regional parks or other recreational facilities? b. Affect existing recreational opportunities? 16. MANDATORY FINDINGS OF SIGNIFICANCE. 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 seif-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 the potential to achieve short-term, to the disadvantage of long-term, environmental goals? [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] ix] [] [] [] IX] IX] IX] [Xl [] IX] IX] IX] R:\HOUSINO'uNOPUJOL\INITIALS.CC 5/7/98 sn 10 ISSUES AND SUPPORTING INFORMATION SOURCES Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Significant No Does the project have impacts that area individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed m connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? [] [1 [] [] [] [] ix] [xl SOURCES 1. City of Temecula General Plan. 2. City of Temecula Development Code 3. City of Temecula General Plan Final Environmental Impact Report. 4. En Gen Corp, Geotechnical Investigation 5. FEMA Map 6. Trip Generation Hand Book 7. South Coast Air Quality Management District CEQA Air Quality Handbook. R:XHOUSINOhNOPU$OL\INITIAL8 .CC 5/7198 DISCUSSION OF THE ENVIRONMENTAL IMPACTS Land Use and Planning 1.a, b. The project will not conflict with general plan designation or zoning. The project will not conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project. The project is consistent with the City's General Plan land use designation and zoning which are both Medium Density Residential (7-12 dwelling units per acre maximum). 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. 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. Services have been extended into the area. There will be limited, if any, effects on adopted environmental plans or policies. No significant effects are anticipated as a result of this project. 1 .c. The project is compatible with existing land use in the vicinity. Apartment projects already exist along Pujol Street. The proposed project will continue the pattern of multi-family residential developments along Pujol Street. No significant effects are anticipated as a result of this project. 1 .d,e. The project will not affect agricultural resources or operations nor disrupt or divide the physical arrangement of an established community (including low-income or minority communities). Development trends in the vicinity have depleted the agricultural significance of the site. The established residential community at this site is low income housing and this project will add more units to the existing units. No significant effects are anticipated as a result of this project. Population and Housing 2.a. The project will not cumulatively exceed official regional or local population projections. The project is an apartment complex consistent with the City's General Plan land use designation of Medium Density Residential. Since the project is consistent with the City's General Plan, and does not exceed the density range of 7-12 dwelling units per acre, it will not be a significant contributor to population growth which will cumulatively exceed official regional or local population projections. No significant effects are anticipated as a result of this project. 2.5. The project will not induce substantial growth in an area either directly or indirectly. Pujol Street is already constructed. Water and sewer service is available to the site, and local purveyors have reviewed the project and indicate that additions or improvements to the off-site facilities are not required to adequately serve the project. R:\HOUSI~G~OPUJOL\INITIALS.CC 5/7/95 sn 12 The project is an affordable housing project. New affordable units will be added to the existing affordable units which will be refurbished. The existing residents will not be displaced; however, temporary or permanent transfers are anticipated while the renovation of existing units is underway. The site contains 37 existing affordable units and the 38 new affordable units. The interior and exterior of the existing units will be refurbished. No significant effects are anticipated as a result of this project. Geologic Problems 3.a. The project will not result in nor expose people to fault rupture. The project site is not located within an Alquist Priolo Earthquake Studies Zone for fault rupture hazard. No significant effects are anticipated as a result of this project. 3.b,f. The project may expose people to potential impacts involving seismic ground shaking and erosion. The project is located in Southern California, an area which is seismically active. The recommendations and mitigation measures from the preliminary soils report are used to determine appropriate conditions of approval for the project. The soils report also contains recommendations for the compaction of the soil which will serve to mitigate any potentially significant impacts from seismic ground shaking or erosion. Increased wind and water erosion of soils both on and off-site may occur during the construction phase of the project, and the project may result in changes in siltation, deposition or erosion. Erosion control techniques will be included as a condition of approval for the project. In the long-run, hardscape and landscaping will serve as permanent erosion control for the project. After mitigation measures are performed, no impacts are anticipated as a result of this project. 3.c,d,e, g,h,i. The project will not expose people to seiche, tsunami or volcanic hazard, landslides or mudflows, or unique geologic or physical features. However, the project may expose people to ground failure, including liquefaction, subsidence, and expansive soils. The project is located in an area where these hazards are known to occur. The recommendations and mitigation measures from the preliminary soils report are used to determine appropriate conditions of approval for the project. There are no dams or other large bodies of water on or upstream of the site. The potential of liquefaction at the site may be considered low. Expansion index tests at the site indicate a very low potential. No unique geologic features or physical features exist on the site. No significant effects are anticipated as a result of this project. .8. The project will result in changes in absorption rates, drainage patterns, and the rate and amount of surface runoff. Previously permeable ground will be rendered impervious by construction of buildings, R:\HOUSINOh'qOPU$OL\I~rlALS,CC 5/"//98 m 1 3 accompanying hardscape and driveways. While absorption rates and surface runoff will change, potential impacts shall be mitigated through site design. Drainage conveyances will be required for the project to safely and adequately handle runoff which is created. After mitigation measures are performed, no significant impacts are anticipated as a result of this project. ,Co The project may have a potentially significant effect on discharge into surface waters and alteration of surface water quality. Prior to issuance of a grading permit for the project, the developer will be required to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. By complying with the NPDES requirements, any potential impacts can be mitigated to a level less than significant. After mitigation measures are performed, no significant impacts are anticipated as a result of this project. 4.f,g, h,i. The project will have no impact on the quantity, direction or rate of flow, or the quality of ground water. Exploratory borings at the site found no groundwater or indications of groundwater (soil mottling). No significant impacts are anticipated as a result of this project. Air C~uality 5.b. The project will not expose sensitive receptors to pollutants. The project is not located near sensitive receptors, and is not projected to generate significant pollutants. No significant impacts are anticipated as a result of this project. oC, The project will not alter air movement, moisture or temperature, or cause any change in climate. The limited scale of the project precludes it from creating any significant impacts with regards to climatic conditions in the area. No significant impacts are anticipated as a result of this project. 5.d, The project will create some objectionable odors during the construction phase of the project. These impacts will be of short duration and are not considered significant. No other objectionable odors are anticipated as a result of this project. Transl~ortation/Circulation 6.a. The project will increase vehicle trips, and add to traffic congestion. It is anticipated that the new apartments will contribute 6.47 vehicle trip ends per weekday per dwelling unit, or in this case, 246. The project will be required to pay public facilities fees and traffic signal mitigation fees as conditions of approval for the project. After mitigation measures are performed, no significant impacts are anticipated R:\HOUS[NO~OPU$OL\INITtALS.CC 5/7/98 sn 14 as a result of this project. 6.b. The project will not result in hazards to safety from design features. The project is designed to current City standards and does not propose any hazards. No significant impacts are anticipated as a result of this project. .Co The project will not result in inadequate emergency access or inadequate access to nearby uses. The project is designed to current City standards and has adequate emergency access. The project does not interfere with access to nearby uses. No significant impacts are anticipated as a result of this project. 6.d. The project provides sufficient parking on-site. The amount of parking being provided by the project is similar to what is and has been provided for other projects of similar type and size within the City. 6.e. The project will not result in hazards or barriers for pedestrians or bicyclists. Hazards or barriers are not proposed for the project. The project is designed to current City standards requiring sidewalks and bicycle lanes. No significant impacts are anticipated as a result of this project. 6.f. The project will not conflict with adopted policies supporting alternative transportation. The project will provide sidewalks. As a consequence, with the provision of sidewalks, no significant impacts are anticipated as a result of this project. 6.g. The project will not result in rail, waterborne or air traffic impacts. Rail, waterborne or air traffic do not exist in the immediate proximity of the project site. No significant impacts are anticipated as a result of this project. Biological Resources 7.a,e. The project will not result in an impact to endangered, threatened or rare species or their habitats, or to wildlife dispersal or migration corridors. The project site has been recently disturbed by the demolition of existing structures. The Riverside County Habitat Conservation Agency (RCHCA) Long Term Conservation Plan ensures the survival of the species within designated preserves and makes provisions for the taking of habitat outside these preserve area. The project site is located outside the preserve area; however, it is located within the SKR Habitat Fee Area and Habitat Conservation fees will be required to mitigate the effect of cumulative impacts to the species. No significant impacts are anticipated as a result of this project. Energy and Mineral Resources 8.a. The project will have less than significant affect on adopted energy conservation plans. R:\HOUSI~GLNOPUJOL\~flTIALS.CC 5~7/98 sn 15 The project will be reviewed for compliance with all applicable laws pertaining to energy conservation during the plan check stage of development. No permits will be issued unless the project is found to be consistent with these applicable laws. No significant impacts are anticipated as a result of this project. 8.b. The project will result in a less than significant impact upon the use of non-renewable resources. There will be an increase in the rate of use of natural resources and in the depletion of construction materials, fuels for daily operation, asphalt, and lumber. However, because of the scale of the proposed project, these impacts are seen as less than significant. No significant impacts are anticipated as a result of this project. The project will not result in the loss of the availability of a known mineral resource that would be of future value to the region and the residents of the State. No known mineral resource that would be of future value to the region and to the residents of the State are located at this project site. No significant impacts are anticipated as a result of this project. Hazards 9.b. The project will not result in possible interference with an emergency response plan or emergency evacuation plan. The subject site is not located in an area which could impact an emergency response plan. The project will take access from a maintained street and will not impede any emergency response or emergency evacuation plan. No significant impacts are anticipated as a result of this project. 9.Cw The project will not result in the creation of any health hazard or potential health hazard, nor expose people to existing sources of potential health hazards, nor increase fire hazard in areas with flammable brush, grass or trees. The project will be reviewed for compliance with all applicable health laws during the plan check and occupancy stages of development. No permits will be issued unless the project is found to be consistent with these laws. No health hazards are known to be in proximity to the project site. The project site is not located within or proximate to a fire hazard area. No significant impacts are anticipated as a result of this project. Noise 10.a. The project will result in an increase to existing noise levels. A portion of the site is currently vacant and the other portion is developed, the 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. Long- term noise generated by this project would be similar to existing apartment uses along Pujol Street to the west and north. No significant noise impacts are anticipated as a result of this project, either short or long-term. R:\HOU$1~G~NOPU~OL\INITIALS.CC 5/7/98 sn 16 10.b. The project will result in some severe noise levels. The project may expose people to severe noise levels during the construction phase of development. Construction machinery is capable of producing noise in the range of 100+ dBA at 100 feet which is considered very annoying and can cause hearing damage from steady eight-hour exposure. However, the source of such noise at the project site will be of short duration, and not considered significant. There will be no long-term exposure of people to severe noise. No significant impacts are anticipated as a result of this project. Public Services 11.a, b. The project will have a less than significant impact upon, or result in a need for new or altered fire or police protection. The project will incrementally increase the need for fire and police protection. However, the developer will contribute his fair share of development impact fees earmarked for such services. No significant impacts are anticipated as a result of this project. 1 1.c. The project will have a less than significant impact effect upon, or result in the need for new or altered school facilities. In accordance with State Laws, the developer will contribute his fair share of development impact fees earmarked for the school district. No significant impacts are anticipated as a result of this project. 11.d. The project will have a less than significant impact upon maintenance of public facilities, including roads. Funding for the maintenance of roads is derived from the State of California gasoline tax, which is distributed to the City of Temecula. Impacts to current and future needs for maintenance of roads as a result of the project will be incremental, and not considered significant. The gasoline tax is sufficient to provide for maintenance expenses. The applicant shall pay applicable public facilities fees. No significant impact is anticipated as a result of this project. 11.e. The project will not have an effect upon, or result in a need for new or altered governmental services. The project is consistent with the General Plan designation for the area. The effect upon governmental services is expected as part of the buildout of the area. No significant impacts are anticipated as a result of this project. Utilities and Service Systems 12.a, b. The project will not result in the need for new systems or supplies, or substantial alterations to power or natural gas or communication systems. These systems are currently being delivered in proximity to the site. No significant impacts are anticipated as a result of this project. 12.c, R:\HOUSINOXNOPUJOL\INITIALS.CC 5/'//98 sn 17 d,g The project will not result in the need for new systems or supplies, or substantial alterations to local or regional water treatment or distribution facilities, sewer or septic tanks, or local or regional water supplies. The Final Environmental Impact Report (FEIR) for the City of Temecula General Plan (p. 39) states: "Both Eastern Municipal Water District and Rancho California Water District have indicated an ability to supply as much water as is required in their service areas." Furthermore (p. 40), "Implementation of the proposed General Plan would not significantly impact wastewater services." Local purveyors have reviewed the project and indicate that service is available for the project. It is recommended that the septic tank on site be removed. Since the project is consistent with the General Plan, no significant impacts are anticipated as a result. 12.e. The project will result in a less than significant need for new systems or supplies, or substantial alterations to storm water drainage. The project will provide some additional onsite drainage systems, and tie into existing systems adjacent. Less than significant impacts are anticipated as a result of this project. 12.f. The project will not result in a need for new systems or substantial alterations to solid waste disposal systems. Any potential impacts from solid waste created by this development can be addressed through participation in a Source Reduction and Recycling Program implemented by the City. No significant impacts are anticipated as a result of this project. Aesthetics 13.a. 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 significant impacts are anticipated as a result of this project. 13.b. The project have a less than significant aesthetic effect. The site is currently vacant without any outstanding aesthetic qualities save for the effect of open space. A landscape plan proposes a variety of trees shrubs and ground cover to enhance the site and to provide erosion control and shade. The proposed trees, while not native to the area are typical of the urban landscape in Temecula and will provide a visual link with the established residential uses. The architectural review prior to approval will ensure that the project is aesthetically pleasing. No significant impacts are anticipated as a result of this project. 13.c. The project will have a potentially significant impact from light and glare. The project will produce and result in light and glare with the installation of new light sources. All light and glare has the potential to impact the Mount Palomar Observatory. The project will be conditioned to comply with Ordinance No. 655 Ordinance Regulating Light Pollution. Light and glare may also result from traffic within the project, particularly adjacent to residential homes to the east. The project shall provide a perimeter wall to mitigate this impact. After mitigation is performed, no significant R:'tHOU$1NO~OPUJOL\INITIALS.CC 5/-//98 sn 1 8 impacts are anticipated as a result of this project. Cultural Resources 14.a,b, c,d,e. The project will not disturb nor cause a physical change which would affect archaeological, paleontological and historical resources, unique ethnic cultural values or restrict existing religious or sacred uses within the potential impact area. The General Plan shows the site as archaeological and paleontological resources. The site had been previously developed and disturbed. In addition, the historical grade of the site previous to any development was mush higher than the existing grades. No significant impacts are anticipated as a result of this project. Recreation 15.a, b. The project will have a less than significant impact on the demand for neighborhood or regional parks or other recreational facilities, or affect existing recreational opportunities. The developer has designed several on-site amenities for the health and recreation of apartment residents, including barbecue areas, tot lots, volleyball and basketball courts, pool and a 4,276 square foot recreation building that includes a movie theater, exercise, sauna, computer room, kitchen and club room. The applicant shall also contribute a portion of the public facilities fees that apply to his project. Impacts as a result of this project are anticipated to be less than significant. R:~HOUSUVGUVOPUIOLU]VITLALS.CC 5/7/98 sn 19 ATTACHMENT NO. 3 MITIGATION MONITORING PROGRAM R:\HOUSING~IOPUIOL\IN1TIALS.CC 5/"//98 sn ~0 Mitigation Monitoring Program Planning Application No. PA96-0089 (Development Plan) C, eologic Problems General Impact: Expose people to impacts from seismic ground shaking. Mitigation Measure: Ensure that soil compaction is to City Standards. Specific Process: A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check. Building pads shall be certified by a registered Civil Engineer. Mitigation Milestone: Prior to the issuance of grading and building permits. Responsible Monitoring Party: Department of Public Works and Building and Safety Department. General Impact: Expose people to impacts from seismic ground shaking. Mitigation Measure: Ensure that soil compaction is to City Standards. Specific Process: A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check. Building pads shall be certified by a registered Civil Engineer. Mitigation Milestone: Prior to the issuance of grading and building permits. Responsible Monitoring Party: Department of Public Works and Building and Safety Department. General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Expose people to impacts from liquefaction, subsidence, and expansive soils. Utilize mitigation measures in the Soils Study. Incorporate all mitigation measures in the Soils' Study into the Grading Plans to the Public Works Department for approval. Prior to the issuance of a building permit. Building and Safety Department. R:\HOUSI]'4G'~IOPUJOL\INITIALS.CC 5/'7/98 sn ~ 1 General Impact: Mitigation Measures: Specific Processes: Mitigation Milestone: Responsible Monitoring Party: Erosion, changes in topography or unstable soil conditions from excavation, grading or fill. Planting of slopes consistent with Ordinance No. 457. Submit erosion control plans for approval by the Department of Public Works. Prior to the issuance of a grading permit. Department of Public Works. General Impact: Erosion, changes in topography or unstable soil conditions from excavation, grading or fill. Mitigation Measures: Planting of on-site landscaping that is consistent with the Development Code. Specific Processes: Submit landscape plans that include planting of slope to the Planning Department for approval. Mitigation Milestone: Prior to the issuance of a building permit. Responsible Monitoring Party: Planning Department. Water General Impact: The project will result in changes to absorption rates, drainage patterns and the rate and amount of surface runoff. Mitigation Measure: Methods of controlling runoff, from site so that it will not negatively impact adjacent properties, including drainage conveyances, have been incorporated into site design and will be included on the grading plans. Specific Process: The applicant shall submit a grading and drainage plan to the Department of Public Works for approval. Mitigation Milestone: Prior to the issuance of grading permit. Responsible Monitoring Party: Department of Public Works. General Impact: Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity). R:\HOUSINGLNOPUJ'OL\UN-1TIALS.CC 5/7/98 sn 22 Mitigation Measure: An erosion control plan shall be prepared in accordance with City requirements and a Storm Water Pollution Prevention Plan (SWPPP) shall be prepared in accordance with the National Pollution Discharge Elimination System (NPDES) requirements. Specific Process: The applicant shall submit a SWPPP to the San Diego Regional Water Quality Control Board (SDRWQCB) for their review and approval. Mitigation Milestone: Prior to the issuance of a grading permit. Responsible Monitoring Party: Department of Public Works and SDRWQCB (for SWPPP). Transportation/Circulation General Impact: Increase in vehicle trips or traffic congestion and conflicts with adopted policies supporting alternative transportation. Mitigation Measure: Payment of Development Impact Fee for road improvements and traffic impacts. Specific Process: Pay the appropriate fee in the amount in effect at the time of submittal. Mitigation Milestone: Prior to the issuance of building permits. Responsible Monitoring Party: Department of Public Works. Biological Resources General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Within the SKR fee area. Pay Mitigation Fee for impacts to Stephens Kangaroo Rat. Pay $500.00 per acre of disturbed area of Stephens Kangaroo Rat habitat. Prior to the issuance of a grading permit. Department of Public Works and Planning Department Public Services R: \HOUSING~'OPUJO L\tNITLALS .CC 5/7/98 General Impact: A need for new/altered governmental services regarding fire and police protection. The project will incrementally increase the need for fire and police protection; however, it will contribute its fair share to the maintenance of service provision. Mitigation Measure: Payment of Fire Mitigation Fees. Specific Process: Pay current mitigation fees with the Riverside County Fire Department. Mitigation Milestone: Prior to the issuance of building permit. Responsible Monitoring Party: Building & Safety Department General Impact: A substantial effect upon and a need for new/altered schools. No significant impacts are anticipated. Mitigation Measure: Payment of School Fees. Specific Process: Pay current mitigation fees with the Temecula Valley Unified School District. Mitigation Milestone: Prior to the issuance of building permits. Responsible Monitoring Party: Building & Safety Department and Temecula Valley Unified School District. Aesthetics General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: The project will create light and glare. Compliance with Mt. Palomar Observatory Light Pollution Ordinance. Outdoor lighting fixtures shall be low pressure sodium on building plans. Prior to the issuance of a building permit. Planning Department. R:\HOU$1NO'u',IOPUJ'OL~hN'ITIALS.CC 5f7198 sn 24 ITuesclay Hay 17, 1998 1~:54am -- Fr~n ,6197189508' -- Page 21 M~f. 12.1~ 9:53AM KEYSE~ P.2/10 SUMMARY REPORT PERTAINING TO THE I_I:~SE OF REAL PROPERTY (Califomia Community Redevelopment Law Section 33433) PURSUANT TO A PROPOSED DISPOSmON AND DEVELOPMENT AGREEMENT Be(ween: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA And: AFFIRMED HOUSNG GROUP Prepared by:. KEYSER MARSTON ASSOCIATES, INC. For:. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA May 12, 1998 ITuesday I~ay 1:~, 1998 11:31am -- From '619718~508' -- Page !'11qY.l?.lC~ 10:30~ K~ !~OH P.2/~ SUMMARY REPORT PERTAINING TO THE PROPOSED LEA~E OF REAL PROPERTY 28485, 28497, 28565, 28534, 2.8535, 28645, 2855~, AND 28559 PUJOL STREET I. INTRODUCTION 'r~e Rmdevelopment Agency of the City of Temecula, California (Agency) is considering the lease of the above described properlies, to Af~med Housing Group pursuant to ,. Disposition and ~ Agreement (DDA) between the Agency and the Developer. This ,~,ummm¥ Report is prepared in accordance with section 33433 of the Oalifomia Community Redevelcq~nent Law. This summary co, mists of six adcrfdonal sections, as · Section II, Description of the Proposed Agreement Section III, Estimated Cost to be Incurred by the Agency under the Proposed DDA. · Section IV, EstirrmtedValue ofthe Siteatthe Highest and Best Uses. · Section V, EsUmatad Fair Re-Use Value of t~e Interest to be Cortveyed. Section VII, Explanation of Why the Ground Lease oftha Property will A~ist in Elimination of Blight. [Tuesday Hay 12, 1908 10:54am -- Froat '6197189508~ -- Page H~Y. t2. 199~ 9: S31~t'l KEYSER Summary Report-Seclion 33433 HO.8C:~4 P.4/10 May 12, 1998 Page 2 II. DESCRIPTION OF THE PROPOSED PROJECT A. Proommd Transaclion The Agency proposes to convey the Site to the Developer for the rehabilitation of 38 existing units and construction of 38 new housing units, for a total of 76 affordable units on the 180,338-square4oot (SF) site (Site). The proposed 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 lerrns of the DDA are summarized below, B. A~lencv Responsibilitfes The Agency has already acquired a portion of the'Site, with the remaining portion to be conveyed at dosing. Under the DD.a,, the Agency is responsible for the following; The Agency wfil ground lease the Site to the Developer for 50 years. The Agency will provide a subsidy pledge not to exceed $305,000 annually for 28 years. The Agency ~'il have the right to buy the remaining lease term back from the developer anytime alter year 16. C. _Developer Res~onslbililfes The DDA also includes the Developer's respona'bililfes as follows: · The Developer will convey a 1,31-acre i~vately owned parcel to the Agency at no cost. The developer is required to rehabilitate 38 units consisting of two-bedroom units. and construct 3a units consisting of three bedroom unil~ · The Developer will provide the Agency with a prepaid lease payment of $1,669,169. follows: ' ITuesday Hay 12, 1998 10:5/~a.~-- Frail ~6197189508' -- Page 51 P.5/10 8ummanj Report- Secl~on 33433 Pujol Sty= Project May 12, 1998 Page 3 _Cash Flow Distribution Aeen.cy Developer Years 0- 2 25.0% 75.056 Years 3- 9 75,0% 25,056 Years 10-15 80.056 20.0% Years 16 - 21 85.0% 15.0% Years 22 - 27 gO.O~ 10.0% Years 28 - 50 95.0% 5.0% The Developer will provide the Agency an adm'mistration fee of 0.125% ofthe bond issue size for the life of lhe bond. · The Developer will defer 30% of developer fee. · The Developer will provide the Agency wiltt 100% ofthe pmject's reversion value at the end of the ground lease period. The Developer will rant the units at restricted low- and very low-income rents to qualified households for a period of 50 yeas. MAESTON A*qSOI~iATE$ INC ITuesday #ay 12, 1~8 10:56am -- Frm ~6197189508~ '- Page 61 1',10.854 P. E~/10 Summary Report - Section 33433 Pujol Street ProJect May 12, 1998 Page 4 i11. ESTIMATED COST TO BE INCURRED BY THE AGENCY UNDER THE PROPOSED AGREEMENT A. Total Afiency Costs The Agency began acquiring the site in Spring 1996, by purchasing and demor=hing foursingle-family homes along the ma~t s'~le of Pujol Street. In November 1996, the Agency purchased the Pujoi (14 units) and Sherwood Apartments (24 units) from the Federal Deposit Insurance Coqx)ration (FDIC). The Agency current~ contracts with a property manager who manages the two properties under affordable housing mstrictions. The estimated costs to the Agency of the proposed DDA include acquis'~on and demolition of the site, relocation, other costs related to site preparation, canying costs during the holding period, administrative overhead, and the net present value of the Agency's annual subsidy pledge. These costs have been estimated as follows'. AcquL~Jon Costs Relocation Demolition Other Site Preparation Costs Total Agency Acqu'~ition Costs NPV of Annual Pledge $1,580,229 $ 41,840 $ 15,500 $ 31.600 rt.669,,too- Total Agency CosIs $4,791,169 * CanTing costs/~ over period of Agency ownership is assumed to be offset by operating income from property during two years of operation, as interim affordable housing. B. Net Aaencv Costs As described in Sec~on V/below, Keyser Marston Associates, Inc. (KUA) =stimat~ that lhe Developers compensation to the Agency under terms of the proposed DDA has a present value of ~,3,068,000. KUA lherefore esUmates the Agency~s net costs of the proposed DDAto be $1,723,000 (that is, $4,791,169 total costs less $3,068,000 compensation), as descn l below:. Prepaid Lease Payment NPV of Agency Parlicipatinn in Cash FIo~ NPV of Reversion Value of Land NPV of Adm'~tration Fee Total Com~n to Agency $1.669.169 $1,277.000 T,55.000 $67.000 $3.068.000 Total Agency Costs (tess) Total Compensatian to Agency $4,791,169 $1,723,000 MARSTON A Ssoc I A? ~.S INC. ITuesday Hay 12, 1998 10:54ee -- Free '6197189508' -- Page 71 t4:lY. 17. lC_:j9~ 9: ~ ~ t'W:IRS'TOH P.7/10 8urnmary Report-Section 33433 Pujo1 Street Project May 12, 1998 Page 5 IV. ESTIMATED VALUE OF THE SITE AT THE HIGHEST AND BEST USE PERMITTED This section presents an analysis ~lhe fair market value of the Site at the highest and best use of the properlies. 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 pem~ilted. Therefore, value at highest and best use is based solely on the value created and no~ on whether or no~ that use carries out tte redeve~ goals of the City of Temecula. Independent of the proposed Vansaction, development of the subject Site is governed by the underlying R-3 zoning designation which allows for residential uses. KMA has separately reported that the highest and best use of the Site is the existing multi-family residential and high densily detached entry level housing. which yields a fair market Value for the entire Site of $1,517,000. lTuesday May 12, 1998 10:54an -- Free '6197189508' -- Page 81 HIqY. 12. lcjcJ{3 9: 551qll KE-YSE~ III:RSTOH ~ I ~ P.8/10 Summary Report- Section 33433 Pujol ~ Project May 12, 1998 Page 6 V. ESTIMATED FAIR RE-USE VALUE OF THE INTEREST TO BE CONVEYED u ueveeper suoje~ m congons, covenants, and restrictinns contained in the proposed DDA In estimating the fair re-use value of the Site, KMA has reviewed the . requirements that set specific conditions with respect to scope of development, the schedule of perfom~rme, and method of financing. }(MR has separately reported to the Agency !fiat the valuation of property for development of affordable multi-family residential is based o~ the residual land value ?._ma~. d.ue ~ the rer~ .r,,,,~,~. _,=,0,, and ..~,~cal mnar~n~ ~at aeect ~e pro~ v~ue wraem~ m ~e conveye~ ms negative $1,793,000. K£YS£N MR]ES?ON ASSOCIATSS INC. {Tuesday May 12, 1998 s. 0:54am -- Free ~6197189508' -- Page 9I FFIY. 17.199B 9:~ KEYSER MI~q~STOH NO.8~ P.9/10 Summanj Report- Section 33433 Pujol Street Project May 12, 1998 Page 7 VI. GROUND EEASE PAYMENTS WHICH THE DEVELOPER WILL BE REQUIRED TO PAY Under California Community Redevelopment Law, the Agency is obligated to publicly disclose information sufficient far a comparison of the ground lease provisions contained in the proposed DDA with the estimated fair re-use value. In order to facilitate such a cornpadson, KMA has separately evaluated the financial terms contained in the pr~ DDA. KMA considered the proposed prepaid lease payment, the discounted net present value of parlicipation in project cash flow, year-50 rever~on value, and agency annual administration fee. These revenues were campared against the net present value of the Agency's 28 year debt service pledge to determine Ire total compensation to be received by the Agency. On this basis, KMA e~drrmtee total campensation under the proposed DDA will be approximately negative ;55,000. KEYSEE JV[A RSTO le ~I, $50 C I AT ES INC'. T['~'~sday May 12, 1998 ~,0:54am -- From ,6197189508' -- Page 101 I'IAY. 1;~. lC_~3 9: .~:~qM KL:"fSER I~qI~3TOH Summary Report- 8eclion 33433 Pujoi Street Project May 12. 1998 Page 8 Vii. EXPLANATION OF WHY SALE OF THE PROPERTY WILL ASSIST IN ELIMINATION OF BUGHT · The age. obsolescence, de~iora~on, mixed chainclef or ah~ng USes of existing buildings within the Project Area. · The subcrwiding and sale af lots of irregular farm and shape, and inadequate size for praper usefulness and development. · The existence of inadequate pubiio improvements, public facil'~es, open spaces, and utilities which cannot be remedied by private or governmental action. · A prevalence of depreciated values, impaired investments, and social and economic maladjustment, · The defective design in character or physical condition of existing buildings. Of coume, not all of these cond'(dons am present in all areas. Moreover, the Agency's redevelopment efforts have successfully alleviated blighting condMons in the Project Area. However, many of these concrd~ons am still apparent in the area surraunding the subject Site. Implementation of the proposed development can be expectmJ to assist in Ihe alleviatkm of blighting cm~l'dJor~ through the following: · Eata~t of development standards and the rehabilitation and improvement of obsolete, dete~ng, and inappropriate buildings. · Consolidalion of irregular parceb into a site appropriate for development. · Preservalion, improvement and expansion of housing opportunities for low and moderate-income residents. !J~4pm Jl~ i ¥$ K i]d A IS TO N A S SO C I A,T SS I N C DISPOSITION AND DEVEI,OPMENT AGREEMENT This Disposition and Development Agreement (the "Agreement") is entered as of May 26, 1998, by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body corporate and politic (the "Agency"), and TEMECULA GARDENS, L.P., a California limited partnership (the "Developer"). SUBJECT OF THE AGREEMENT 1.1 Purpose of the Agreement 1.1.1 This Agreement is intended to effectuate the Redevelopment Plan for the Agency's Redevelopment Project Area No. 1-1988, as amended, by leasing certain real property and providing financial assistance to be used by the Developer to rehabilitate 38 rental housing units and construct an additional new 38 rental housing units (collectively the "Project"), for a total of 76 housing units, to be rented exclusively to very low and low income households. 1.1.2 This 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 low and moderate income housing pursuant to the Health and Safety Code of Califorma and the goals of the City's Housing Element to the Temecula General Plan. The Developer's development of the Project on the Site 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. 1.2 The Site. The site consists of the real property located at 28485, 28497, 28565, 28534, 28535, 28545, 28555 and 28559 Pujol Street, in the City of Temecula, California, and it is legally described in Exhibit 1, attached hereto and incorporated herein (hereinafter the "Site"). The Agency owns fee simple title to those parcels identified in Exhibit 1 as Parcels 1 through 6 of the Site, and as of the date hereof, the Developer is in escrow to purchase the parcel identified in Exhibit I as Parcel 7 of the Site ("Parcel 7"). 1.3 Def'mitions 1.3.1 "Agency Loan" means the loan of the net proceeds of the Bonds by the Agency to the Developer pursuant to the Loan Agreement. 1.3.2 "Bonds" means the bonds to be issued by the Agency, as described in Section 3.7, the net proceeds of which will be loaned to the Developer. 1.3.3 "Close of Escrow" means the date that the grant deed conveying Parcel 7 to the Developer is recorded in the Riverside County Recorder's Office, the grant deed conveying Parcel 7 from the Developer to the Agency is recorded in the Riverside County Recorder's Office, the Ground Lease is delivered to the Agency and the Developer, the Memorandum of Lease is recorded in the Riverside 980513 ]ar F039-1.]ar Temecula -- DDA County Recorder's Office, and the Regulatory Agreement is recorded in the Riverside County Recorder's Office. 1.3.4 "Deed of Trust" means the deed of trust securing the Agency Loan. 1.3.5 "Lender" means any Mortgagee. 1.3.6 securing any Loan. "Lien" means any security instrument encumbering the Project or any part thereof 1.3.7 "Loan" means any loan made by a Mortgagee secured by a Lien, including the Agency Loan described in Section 3.7.1 hereof. 1.3.8 "Mortgagee" means a mortgagee of a mortgage or a beneficiary under a deed of trust encumbering title to the Project, or any part thereof, which has been approved by the Agency in writing (including the assignee of the deed of trust securing the Agency Loan). With respect to the Agency Loan, the Mortgagee is the assignee of the Agency Deed of Trust. 1.3.9 "Project" means the Site and the proposed development of the Site with a 76 unit apartment complex, consisting of the rehabilitation of 38 existing units in the Site, and construction of 38 new units on the Site. 1.3.10 "Project Budget" means the budget attached as Exhibit 2 and incorporated herein by reference to this Agreement which identifies the parties' estimates as of the date hereof the Project Costs, the categories or components of Project Costs (the "Categories") and the sources and uses of funds applicable thereto, provided however that the Project Budget is Parties' best estimate of Project Costs based upon the information available to them as of the date of this Agreement. Any change in the amounts set forth in any of the Categories in the Project Budget shall be subject to the approval of the Agency. 1.3.11 "Project Cost(s)" means the sum of the Developer's total cost to acquire the Site and construct the Project, including but not limited to, all of the following: (i) the total cost of market studies, consulting fees, soils tests, closing costs and attorney's fees related to the acquisition of the Site, the economic feasibility of constructing and operating the Project; (ii) the cost of obtaining the Agency Loan to finance the Project, including but not limited to, reasonable and customary costs of issuance of the Bonds, commitment fees, points, closing costs, reasonable attorneys' fees, title insurance premiums and interest on all such financing through the funding of the Agency Loan; (iii) appraisal fees, architectural fees, engineering fees, reasonable attorney's fees and other consulting fees and costs; (iv) the cost of fees and permits payable to any governmental agency having jurisdiction relating to the construction and operation of the Project; (v) on site and off site construction costs, including general contractor fees paid to any third party general contractor, not to exceed 12% of the total construction cost for off-site and on-site improvements, base construction, exterior common area and customary indirect costs; (vi) the cost of "normal and customary" general conditions of the construction contract, including without limitation, trailer, temporary utilities, insurance and on-site supervision; (vii) costs of construction -2- 980513 3ar F039-1.jar Temecula -- DDA supervision; (viii) Developer Fees equal to the lesser of (A) the sum of $732,021.00 or (B) the amount permitted by the California Tax Credit Allocation Committee with respect to the Project; (ix) all costs incurred by the Developer in constructing the Project which are not identified in the Categories, but which qualify as Eligible Basis under Section 42(d)(1) of the Internal Revenue Code of 1986 as amended; (x) reserves for the operation of the Project in such amounts as the Developer or as a Lender may require; (xi) the amount of any negative cash flow until project stabilization; and (xii) such amounts properly expended in any Category not accounted for hereinabove directly related to the acquisition, development and construction of the Project. 1.3.12 "Regulatory Agreement" means the agreement to be recorded concurrently with the Close of Escrow to encumber the Site, in accordance with Section 5.4 hereof. 1.3.13 "Schedule of Performance" means the period of time within which the Developer and the Agency must perform their obligations hereunder. The Schedule of Performance is attached hereto as Exhibit 4, and is incorporated by reference herein. 1.3.14 "Scope of Development" means the description of the Project described in Exhibit 3, attached hereto and incorporated by reference herein. 1.3.15 "Site" is the subject real property located in the City of Temecula, County of Riverside, State of California, and more particularly described in Exhibit A attached hereto and incorporated herein by reference. 1.3.16 "Tax Credits" means low-income housing tax credits allowable to the Developer with respect to the Project under Section 42 of the Internal Revenue Code of 1986, as amended. 1.3.17 "TCAC" shall mean the California Tax Credit Allocation Committee. 2 PARTIES TO THE AGREEMENT 2.1 The Agency. The Agency is a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under Chapter 2 of the Community Redevelopment Law of the State of Califorma. The principal office of the Agency is located at, and all correspondence to the Agency for the purposes of this Agreement shall be mailed to the Agency at: Post Office Box 9033, 43200 Business Park Drive, Temecula, California 92589-9033; Telephone: (909)694-6444; Fax: (909) 694-6499. All of the terms, covenants, and conditions of this Agreement shall be binding upon and shall inure to the benefit of the Agency and the successors and assigns of the Agency. Whenever the term "Agency" is used herein, such term shall include any other successors and assigns as herein provided. 2.2 The Developer. The Developer is Temecula Gardens, L.P., a California limited partnership, (the "Developer"). The sole General Partner of the Developer is Affirmed Housing Group, a California corporation. All correspondence to the Developer for the purposes of this Agreement shall be mailed to the Developer at Affirmed Housing Group, 200 East Washington, Suite 208, Escondido, California 92025; Telephone: (760) 738-8401; Fax: (760) 738-8405. All of the terms, covenants, and 980513 jar F039-1.jar Temecula -- DDA conditions of this Agreement shall be binding upon and shall inure to the benefit of the Developer and the permitted successors and assigns of the Developer. Whenever the term "Developer" is used herein, such term shall include any other successors and assigns as herein provided. 2.3 Developer Warranties. The Developer represents and warrants to the Agency as follows: 2.3.1 The Developer has duly authorized, executed, and delivered this Agreement, and the Developer has or will authorize, execute, and deliver within the times set forth therefore in the Schedule of Performance attached hereto as Exhibit 4 and incorporated herein by this reference, any and all other agreements and documents required to be authorized, executed and delivered by the Developer in order to carry out, give effect to and consummate the transactions contemplated by this Agreement. The sole General Partner of the Developer is Affirmed Housing Group, a California corporation. No other party's consent is required in order for the Developer to enter into and carry out its obligations hereunder. 2.3.2 The Developer does not have any material financial obligations or any material contractual agreements which could materially adversely affect the ability of the Developer to carry out its obligations hereunder. 2.3.3 There are no material pending or, so far as is known to the Developer, threatened, legal proceedings to which the Developer is or may be made a party or to which any of its property is or may become subject, which have not been fully disclosed in the documents submitted to the Agency which could materially and adversely affect the ability of the Developer to carry out its obligations hereunder 2.3.4 There is no action or proceeding pending or, to the Developer's best knowledge, threatened, looking toward the dissolution or liquidation of the Developer, and there is no action or proceeding pending or, to the Developer's best knowledge, threatened by or against the Developer which could affect the validity and enforceability of the terms of this Agreement, or materially and adversely affect the ability of the Developer to carry out its obligations hereunder. 2.3.5 The Developer has assumed a Purchase Agreement and Escrow Instructions (the "Purchase Agreement"), dated April 21, 1998, with Abdi Nasehi and Leslie Nasehi, the current owners of Parcel 7, to acquire fee title to Parcel 7. Said Purchase Agreement is in full force and effect, and there are no defaults thereunder by either the buyer or the seller. The Developer is aware of no existing or threatened acts, conditions or circumstance which would prohibit, impair or prevent the completion of the sales transaction. Upon the Close of Escrow, the Developer shall hold fee simple absolute title to the Parcel 7. Each of the foregoing items 2.3.1 to 2.3.5, inclusive, shall be deemed to be an ongoing representation and warranty prior to the issuance of a Certificate of Completion by the Agency. The Developer shall advise the Agency in writing if there is any change pertaining to any matters set forth or referenced in the foregoing items 2.3.1 to 2.3.5, inclusive. -4- 980513 jar F039-1.jar Temecula -- DDA 2.4 Prohibition Against Change in Ownership, Management, and Control of the Developer; Sale or Transfer of Site. 2.4.1 The qualifications and identity of the Developer and its officers and directors are of particular concern to the Agency, and it is because of these qualifications and identity that the Agency has entered into this Agreement with the Developer. No voluntary or involuntary successor in interest of the Developer shall acquire any rights or powers under this Agreement except as expressly set forth herein. 2.4.2 Except as expressly set forth herein, the Developer shall not transfer the Site, Project, this Agreement, the Ground Lease, or any of the Developer's rights hereunder, or any interest in the Site or in the improvements thereon, directly or indirectly, voluntarily or by operation of law, without the prior written approval of the Agency. As used in this section, the term "Transfer" shall, except as otherwise provided in this Agreement, include any assignment, conveyance, subleasing, hypothecation, or encumbrance of this Agreement, the Site, the Ground Lease, or the improvements thereon. A Transfer shall also include the transfer to any person or group of persons acting in concert of more than twenty-five percent (in the aggregate) of the present ownership and/or control of the entity constituting the Developer or its corporate officers, taking all transfers into account on a cumulative basis, except transfers of such ownership or control interest between members of the same immediate family, or transfers to a trust, testamentary or otherwise, in which the beneficiaries are limited to members of the transferor's immediate family, or among entities constituting the Developer or its corporate officers. In considering whether it will grant approval to any Transfer by the Developer, the 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 the Developer's obligations hereunder; and (iii) the proposed transferee's experience and expertise in the planning, f'mancing, development, ownership, and operation of similar projects. It shall be deemed reasonable for the Agency to refuse to consent to a Transfer based on any of the above referenced reasons. 2.4.3 Notwithstanding anything to the contrary in this Section 2.4: (i) the Developer shall have the right to admit and accept the withdrawal of limited partners of the Developer without the approval of the Agency; or (ii) after completion of construction of the Project, the limited partners shall have the right to remove and replace a general partner of the Developer for cause pursuant to its partnership agreement or by law, without the approval of the Agency. 2.4.4 The Developer shall also have the right to lease units in the Project (subject to the provisions of the Regulatory Agreement), and to replace personal property and fixtures, without the approval of the Agency. 2.4.5 In the event that contrary to the provisions of this Agreement the Developer does purport to sell, transfer, convey, assign, encumber, hypothecate, or sublet any part of this Agreement, the Ground Lease, or the Site in violation hereof, the same shall be null and void and the Agency shall have the cumulative options to terminate this Agreement, constitute a default under the Ground Lease, accelerate the repayment of any outstanding debt between the Developer and the Agency, and additionally to seek all remedies available at law or equity. -5- 980513 jar F039-1.jar Temecula -- DDA 2.5 Relationship of the Agency and the Developer. It is hereby acknowledged that the relationship between the Agency and the Developer is not that of a partnership, 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. 3 ACQUISITION AND DEVELOPMENT 3.1 Acquisition of Parcel 7 3.1.1 Parcel 7 is to be acquired by the Developer through escrow (hereinafter the "Acquisition Escrow") and in accordance with this Agreement and the Purchase Agreement. The Developer hereby agrees to comply with each and every condition, responsibility, and obligation it has pursuant to the Purchase Agreement in order to accomplish the close of the Acquisition Escrow within the time set forth in the Schedule of Performance. 3.1.2 Prior to and after the execution of this Agreement, the Developer shall submit any amendments thereto to the Agency to permit the Agency to confirm that the Purchase Agreement remains in conformity with the terms of this Agreement. 3.1.3 Concurrently with the close of the Acquisition Escrow, the Developer shall convey Parcel 7 to the Agency for the sum of $1.00. The Agency's fee title therein shall be insured by a CLTA Standard Coverage Owner's Policy of Title Insurance issued by Chicago Title Insurance Company, with liability equal to the Developer's purchase price thereof, which shall insure the Agency's fee title in Parcel 7 free and clear of all liens and encumbrances other than those non-monetary encumbrances as may be approved by the Agency's Executive Director in his reasonable discretion. 3.2 Ground Lease of the Site. Immediately after the close of the Acquisition Escrow for Parcel 7, the Agency and the Developer shall enter into a ground lease for the Site. The Developer acknowledges and agrees that the obligation of the Agency to lease the Site is expressly subject to the acquisition by the Agency of Parcel 7, as provided in Section 3.1 hereof. The Agency shall lease the Site to the Developer pursuant to the ground lease in the form attached hereto as Exhibit 5, and incorporated by reference herein (the "Ground Lease"). The Ground Lease provides for an initial rent payment (the "Initial Rent Payment") in the sum of $1,669,169.00, and for percentage rent payable as provided therein. Prior to the delivery of the Ground Lease, the parties may make such non-substantive modifications to the terms thereof as the Agency's Executive Director (or his designee), and the Developer may determine to be appropriate, including such reasonable non-substantive, non-material changes as may be required to issue the Bonds. The parties shall record a Memorandum of Lease (the "Memorandum of Lease") in the form attached hereto as Exhibit 6, evidencing the Ground Lease, concurrently with the close of escrow. 3.3 Procedures for Delivery of the Ground Lease. Within 10 days after the parties' full execution hereof, the parties shall open an escrow for delivery of the Ground Lease and the conveyance of the leasehold interest in the Site, with Chicago Title Insurance Company or such other escrow agent as may be acceptable to both the Agency and the Developer (the "Escrow Holder"), within the time 980513 jar F039-1.jar Temecula -- DDA provided in the Schedule of Performance. The Parties shall deposit with Escrow Holder a fully executed duplicate original of this Agreement which shall serve as the escrow instructions for the Escrow. The Agency and the Developer shall provide such additional escrow instructions as shall be necessary and consistent with this Agreement. Escrow shall close on or before June 19, 1998. Section 3.4 Condition of Title; Title Insurance. 3.4.1 The Developer has provided to the Agency two preliminary title reports ("Preliminary Report"), issued by Chicago Title Insurance Company ("Title Company"). One title report, Order No. 7200747-KO4, dated as of December 22, 1997, covers Parcels 1 through 6. The Developer hereby approves all exceptions identified thereon other than Exception Nos. 17, 22, 26, and 32. The second title report, Order No. 8200471-K04, dated as of April 5, 1998, covers Parcel 7. The Developer and the Agency hereby approve all exceptions identified thereon other than Exception Nos. 5, 6, 7, 20, 21, and all delinquent real property taxes and assessments. 3.4.2 The Developer shall cause an ALTA survey of the Site to be prepared by a registered surveyor or professional engineer ("Survey"). The Developer shall deliver a copy of such Survey to the Agency. The Agency's Executive Director shall approve or disapprove each easement, encroachment, overlap, or boundary line dispute, or any other matter that materially and adversely affects title to the Site or that violates any law, rule, or regulation reflected on the Survey (each an "Exception") within 10 days after the receipt of the Survey. 3.4.3 At the Close of Escrow, the Developer shall receive a leasehold policy of title insurance, insuring the Developer's leasehold interest in the Site free and clear of all liens and encumbrances other than the current real property taxes and assessments, permitted title exceptions approved in Section 3.4.1 and Section 3.4.2, the Memorandum of Lease, the deed of trust described in Section 3.7, the Regulatory Agreement, and such other liens and encumbrances approved and/or signed by the Developer. 3.4.4 If any exceptions disapproved by either party cannot be removed from title by or concurrently with the Close of Escrow, then either party shall have the right to terminate this Agreement. 3.5 Condition of the Site. 3.5.1 The Developer hereby approves the physical condition of the Site. Notwithstanding such approval, however, during the Escrow period, the Developer is hereby granted permission to enter onto the Site for the purpose of inspecting and testing the soil and performing other inspections thereof. The Developer hereby indemnifies, holds harmless, and agrees to defend the Agency against and hold the Agency and the Site harmless from, all losses, costs, damages, liabilities, liens, and expenses, including, without limitation, reasonable attorney fees, arising out of such entry and activities by the Developer and its agents, employees, or contractors, prior to the Close of Escrow. 980513 jar F039-1.jar Temecula -- DDA 3.5.2 The Agency shall lease the Site to the Developer in an "as is" condition, and the Agency makes no warranty whatsoever to the Developer as to the condition of any portion of the Site, including whether the Site contains any Hazardous Materials. The Developer has inspected the Site and the Developer has determined that the Site is suitable for the Developer's purposes. The Developer acknowledges and agrees: 3.5.2.1 The Agency has made no representation or warranty with respect to the Site, and that prior to the Close of Escrow, the Agency will make no representations and warranties with respect to the Site other than those contained in this Agreement. 3.5.2.2 It is leasing the Site with the ultimate objective of rehabilitating the existing improvements and constructing new improvements thereon. 3.5.2.3 Its decision to lease the Site will be based on the results of its analysis and the reports it has previously obtained. 3.5.2.4 The Agency has made no representation or warranty as to the accuracy or completeness of any reports and other materials prepared by persons other than the Agency and delivered by the Agency to the Developer, and the Developer is not relying on the accuracy and completeness of any such reports and other materials prepared by persons other than the Agency. 3.5.2.5 The Agency has made no representation or warranty with respect to the use, fitness for a particular reason, zoning, value, improvements, square footages or any other condition of the Site or the improvements thereon. 3.5.3 The Developer is leasing the Site in "AS-IS," "WHERE-IS" condition "WITH ALL FAULTS." The Developer agrees that the Agency has no obligation to remedy any faults, defects, or other adverse conditions described in any report or other material obtained by the Developer or delivered by the Agency to the Developer, including the remediation of any Hazardous Material on the Site. The Developer, on its own behalf and on behalf of all of the Developer's successors and assigns, hereby releases the Agency on account of any hazardous materials that may be in, on or about the Site. 3.5.4 The Developer hereby agrees to indemnify and defend the City and/or the Agency for any claims which may be asserted against the City and/or the Agency under the Comprehensive Environmental Response and Compensation and Liability Act, as amended (42 U.S.C. Section 9601 et seq.) ("CERCLA") or under any other county, state, federal, or local environmental law for any conditions existing during the time the Developer has title to the Site, and provided such indernnitee is not responsible for such conditions. This indemnity shall not apply in the event of the indemaitee's own gross negligence or wilful misconduct. 3.6 Sources and Uses of Funds. The anticipated sources and uses of funds for acquisition of the Site, development and construction of the Project are set forth in the Project Budget. The Project -8- 980513 3at F039-1.]ar Temecula -- DDA Budget is the Developer's best estimate based upon the information available to it as of the date hereof as to what the total Project Costs will be. 3.7 Project Financing. 3.7.1 As a condition precedent to the closing of the Ground Lease, the Developer shall concurrently close a financing arrangement by which the Agency shall issue tax-exempt Bonds in the principal amount of $5,800,000.00. The Agency shall then lend such funds to the Developer pursuant to terms and conditions of a loan agreement (the "Loan Agreement"). 3.7.2 The Agency Loan shall be evidenced by a promissory note (the "Promissory Note") and secured by a first deed of trust encumbering the Developer's leasehold interest in the Project (the "Agency Deed of Trust"), which Agency Deed of Trust shall be in the form and substance as required by Dynex Commercial, Inc. ("Dynex") and approved by the Agency pursuant to the Loan Agreement. The Agency Deed of Trust shall be assigned to trustee of the Bonds, and may be further assigned to the entity providing the credit enhancement. 3.7.3 Concurrently herewith, the Agency is entering into agreements providing that the Agency shall pay the sum of $305,000 per year on account of debt service on the Bonds (the "Housing Assistance Contribution Agreement"). 3.8 Escrow and Title Costs. The Developer shall pay all escrow and title charges. 3.9 Deposit into Escrow. 3.9.1 Agency's Deposits into Escrow. The Agency shall deliver to Escrow Holder prior to the Close of Escrow the following instruments and documents, the delivery of each of which shall be a condition of the Close of Escrow: 3.9.1.1 The Ground Lease, duly executed by the Agency. The Ground Lease shall be in the form attached hereto as Exhibit 5. 3.9.1.2 The Memorandum of Lease, duly executed and acknowledged. The Memorandum of Lease shall be in the form attached hereto as Exhibit 6. 3.9.1.3 The Regulatory Agreement, duly executed and acknowledged. The Regulatory Agreement shall be in the form attached hereto as Exhibit 7. 3.9.1.4 The Agency's affidavit as contemplated by California Revenue and Taxation Code § 18662 ("Withholding Affidavit"). 3.9.1.5 A Certification of Non-Foreign Status in accordance with I.R.C. Section 1445 (the "FIRPTA Certificate"). 980513 jar F039-1.jar Temecula -- DDA 3.9.1.6 The Housing Assistance Contribution Agreement, executed by the Agency. the Agency's Agreement. 3.9.1.7 Evidence that the Agency has deposited with the trustee of the Bonds initial payment of $305,000.00 on account of the Housing Assistance Contribution 3.9.1.8 Such proof of the Agency' s authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue the Developer's policy of title insurance. 3.9.1.9 Such other documents and instruments as are required to close the Bond financing pursuant to the Loan Agreement. 3.9.2 Developer's Deposits into Escrow. The Developer shall deliver to Escrow Holder prior to the Close of Escrow the following instruments and documents, the delivery of each of which shall be a condition of the Close of Escrow: 3.9.2.1 The grant deed conveying Parcel 7 to the Agency. 3.9.2.2 The Ground Lease, duly executed by the Developer. 3.9.2.3 The Memorandum of Lease, duly executed and acknowledged. 3.9.2.4 The Regulatory Agreement, duly executed and acknowledged. 3.9.2.5 The Initial Rent Payment in the sum of $1,669,169.00. 3.9.2.6 All documents required to evidence and secure the Loan, as described in the Loan Agreement, including the Promissory Note, the Agency Deed of Trust, a Security Agreement, and a UCC-1 Financing Statement. 3.9.2.7 Such proof of the Developer's authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue the Developer's policy of title insurance. 3.9.2.8 Such other documents and instruments as are required to close the Bond financing pursuant to the Loan Agreement. 3.10 Conditions to Close of Escrow. The obligation of the Agency and the Developer under this Agreement to close Escrow shall be subject to the satisfaction or waiver of each of the following conditions: -10- 980513 jar F039-1.jar Temecula -- DDA 3.10.1 That as of the Close of Escrow the representations and warranties of the Developer contained in this Agreement are all true and correct. 3.10.2 The parties' delivery of all documents required to be delivered by the Agency pursuant to Section 3.9 hereof. 3.10.3 The Title Company's commitment to issue a policy of title insurance as required on the Close of Escrow of the Site in Section 3.4.3. 3.11 Escrow's Closing Actions. On the Close of Escrow, Escrow Holder shall close Escrow as follows: 3.11.1 Record the grant deed conveying Parcel 7 to the Agency, the Memorandum of Lease, the Deed of Trust and the Regulatory Agreement, with the Riverside County Recorder (which shall be deemed delivery to the Developer); 3.11.2 Cause the Title Company to issue the Title Policy; 3.11.3 Prorate taxes, assessments, rents, and other charges as of the Close of Escrow; 3.11.4 Pay and charge the Developer for any fees, charges and costs payable under this Article. Before such payments are made, Escrow Holder shall notify the Agency and the Developer of the fees, charges, and costs necessary to close under the Escrow. 3.11.5 Disburse to the Agency the Initial Rent Payment, less prorated amounts and charges to be paid by or on behalf of the Agency, if any; 3.11.6 Deliver the Memorandum of Lease, the Deed of Trust, the promissory note securing the Deed of Trust, the Regulatory Agreement, and other documents, to the parties entitled thereto or for whose benefit they are written; 3.11.7 Charge the Developer for those costs and expenses to be paid by the Developer pursuant to this Agreement; 3.11.8 Prepare and deliver to both the Developer and the Agency one signed copy of Escrow Holder's closing statement showing all receipts and disbursements of the Escrow; and 3.11.9 Deliver to the Developer the FIRPTA Certificate and the Withholding Affidavit. 3.12 Additional Instructions. The Parties shall execute appropriate escrow instructions, prepared by the Escrow Holder, which are not inconsistent herewith. If there is any inconsistency between the terms hereof and the terms of the escrow instructions, the terms hereof shall control unless an intent to amend the terms hereof is expressly stated in such instructions. Escrow Holder is instructed to send copies of notices, demands and communications between the Parties to or from the Agency or to -11- 980513 jar F039-1.jar Temecula -- DDA or from the Developer, to both parties to the addresses set forth in Section 2 of this Agreement. Any amendment of these escrow instructions shall be in writing and signed by both the Agency and Developer. At the time of any amendment, Escrow Holder shall agree to carry out its duties as escrow holder under such amendment. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the policy of title insurance. 3.13 Priority of Ground Lease. The Ground Lease shall be superior and prior to all liens and encumbrances securing the Project's financing and all regulatory agreements as may be required to obtain tax-exempt bond financing and the Tax Credits, including the TCAC Regulatory Agreement as required by TCAC in the form required by TCAC. 4 CONSTRUCTION OF PROJECT 4.1 The Improvements. The Site and the Project thereon shall be developed as provided in the Scope of Development in accordance with the plans to be approved by the City, and within the times provided therefore in the Schedule of Performance, as such matters may be amended from time to time as provided herein. The Developer shall not make any improvements to the Site which are not in substantial conformance with the Scope of Development and the plans approved by the City. 4.2 Building Permits. In accordance with the Schedule of Performance and before commencement of construction or development of any buildings, structures or other works of improvement on the Site that require building permits, the Developer shall, at its sole cost and expense, secure or cause to be secured any and all permits which may be required by the City or any other governmental agency affected by such construction, development or work. It is understood that the Developer's obligation is to pay all normal and customary fees and to timely submit to the City final drawings with final corrections so as to obtain building permits. All conditions for governmental approvals shall be subject to the approval of the Developer. 4.3 Cost of Development; Submission of Evidence of Financing to the Agency. The cost of developing the Project shall be solely borne by the Developer. In this connection, within the times established therefor in the Schedule of Performance, the Developer shall submit to the Agency for approval proof of the Developer's acquisition and financing commitments and other funding resources to finance the Project. Such proof of financing shall consist of a preliminary reservation of Tax Credits by TCAC, the issuance of the Bonds, and the Agency's annual contribution described in Section 3.7.3. The Agency shall administratively review and approve or disapprove the Developer's evidence of financing within five (5) business days following the submission of same by the Developer. Such review shall be limited to the question of whether or not such financing is, in fact, consistent with the provisions of this Agreement and shall not be unreasonably withheld. Any disapproval of the Developer's proof of financing shall be in writing and shall state the reasons for disapproval and the action required to be taken by the Developer to obtain said approval, if any. -12- 980513 jar F039-1.jar Temecula -- DDA 4.4 General Liability, Workers' Compensation, and Builders' Risk Insurance. Prior to the disbursement of any portion of the Agency Loan proceeds to or on behalf of the Developer, and throughout the term of the Agency Loan, the Developer shall maintain in place at all times and furnish or cause to be furnished to the Agency duplicate originals or certificates of policies of commercial broad form general liability (bodily injury and property damage) insurance covering the Developer's ownership or use of the Site with a combined single limit of Three Million Dollars ($3,000,000), with endorsements naming both the Agency and the City and their officers, employees, contractors, consultants and agents as additional insureds. The above insurance shall be primary to any and all insurance obtained by the Agency and/or the City with respect to the subject Site and this Agreement. The Developer also shall furnish or cause to be furnished to the Agency evidence reasonably satisfactory to the Agency that any contractor with whom the Developer has contracted for the performance of work on the Site carries workers' compensation insurance as required by law. The Developer also shall procure at its own cost a policy of Builders' Risk Insurance covering "all risks" written on a completed value form. The amount of said insurance shall be not less than the insurable value of the Project at completion. Said certificates shall be submitted to the Agency by the time set forth therefor in the Schedule of Performance. 4.5 Development Schedule. In accordance with the Schedule of Performance, as may be amended by the Developer and the Agency, subject to Section 7.9 hereof, the Developer shall promptly begin, and thereafter diligently prosecute to completion, acquisition of Parcel 7, pre-development activities, and the construction of the Project. The Developer's failure to comply with the Schedule of Performance shall constitute an event of default subject to the notice of default and cure periods herein provided for. 4.6 Rights of Access During Construction. For the purpose of assuring compliance with this Agreement, representatives of the Agency shall have the reasonable right of access to the Site, on 24 hours telephone notice, 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 rules and shall not interfere with or delay the construction of the improvements comprising 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 4.6. 4.7 Local, State, and Federal Laws. The Developer shall carry out the construction of the Project in conformity with all applicable laws, including all applicable federal and state labor standards provided, however, the Developer and its contractors, successors, assigns, transferees, and lessees are not waiving their rights to contest the applicability of any such laws, rules, or standards. 4.8 Antidiscrimination During Construction. The Developer, for itself and its successors and assigns, agrees that in the construction of the improvements to be constructed by the Developer, the Developer will not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital status, ancestry, or national origin. -13- 980513 jar F039-1.jar Temecula -- DDA 4.9 Certificate of Completion. 4.9.1 Promptly after completion of all construction and development to be completed by the Developer upon the Site, the Agency shall furnish the Developer with a Certificate of Completion upon written request therefor by the Developer. A Certificate of Completion shall be, and shall so state, a conclusive determination of satisfactory completion of the construction required by this Agreement upon the Site and of full compliance with the terms of this Agreement relating to commencement and completion of construction thereon. The Agency shall not unreasonably withhold any Certificate of Completion. 4.9.2 The Agency shall not be obligated to issue the Certificate of Completion until the following has occurred: (a) final inspection of the Project by or on behalf of the Agency and determination by the Agency that the Project has been completed in substantial conformance with this Agreement; and (b) issuance of the final Certificate of Occupancy, if applicable, by the City. 4.9.3 If the Agency refuses or fails to furnish a Certificate of Completion after written request from the Developer, then the Agency shall, within ten (10) days after such 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 conf'med to the immediate availability of specific items or materials for landscaping, the Agency will issue its Certificate of Completion upon the posting of a bond by the Developer with the Agency in an amount representing the fair value of the work not yet completed. If the Agency shall have failed to provide such written statement within said 10-day period, the Developer shall be deemed entitled to the Certificate of Completion. 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, or any insurer of a mortgage securing money loaned to finance the improvements, or any part thereof. Such Certificates of Completion are not Notices of Completion as referred to in the California Civil Code Section 3093. 5 USE OF THE SITE 5.1 Use of the Site. The Developer covenants and agrees for itself, its successors, its assigns, and every successor in interest that the Developer shall devote the Site to uses consistent with the applicable provisions of the Temecula General Plan, Municipal Zoning Code, the Ground Lease, and the Regulatory Agreement. The Regulatory Agreement restricts the use of the Site to low and very-low income housing. 5.2 Obligation to Refrain from Discrimination. Subject to the covenants set forth in the Regulatory Agreement, the Developer covenants by and for itself and any successors in interest that there shall be no discrimination against, or segregation of, any persons, or group of persons, on account of sex, race, color, creed, marital status, religion, handicap, national origin, or ancestry in the enjoyment of the Site, nor shall the Developer itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Site, all as further -14- 980513 jar F039-1.jar Temecula -- DDA set forth in California Health and Safety Code Section 33436. The foregoing covenants shall run with the land and shall remain in effect in perpetuity. 5.3 Form of Non-Discrimination Clauses. The Developer shall refrain from restricting the rental, sale, or lease of the Site on the basis of race, color, creed, religion, sex, marital status, ancestry, or national origin of any person. All such deeds, leases, or contracts for the sale of the Site shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 1. In deeds: "The grantee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the land herein conveyed, nor shall the grantee himself, or any persons claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 2. In leases: "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein leased nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased." 3. In contracts for the sale of the Site: "There shall be no discrimination against or segregation of any persons or group of persons on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the sale, lease, transfer, use, occupancy, tenure or enjoyment of land, nor shall the transferee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of premises." 5.4 Regulatory Agreement. Concurrent with the Close of Escrow, and funding of the Agency Loan, the Developer shall execute and cause to be recorded against the Site an instrument in favor of the Agency containing the covenants and agreements set forth in the document entitled "Regulatory Agreement," attached to this Agreement as Exhibit 7 and incorporated herein by this reference (the "Regulatory Agreement"). The covenants of the Regulatory Agreement shall remain in effect for 50 years following the Close of Escrow. -15- 980513 jar F039-1.jar Temecula -- DDA 5.5 Management Plan and Agency's Right to Monitor Project Management. Within the time period set forth in the Schedule of Performance, the Developer shall prepare and deliver to the Agency, for the written approval of the Agency's Executive Director, a management plan setting forth the standards and procedures by which the Project shall be managed. During the term of the Regulatory Agreement, the Agency shall have the right to request the Developer to secure replacement on-site and/or off-site management if the Project is not being maintained and operated consistent with this Agreement and the management plan. The Agency's request shall be in writing and shall state the reasons for its request. The Developer shall have thirty (30) business days to respond, in writing, to the Agency's request and provide a schedule for correcting adverse conditions or replacing on-site and/or off-site management. The Developer shall fully mitigate any adverse conditions within ninety (90) calendar days following submission of the Developer's schedule or such longer time as reasonably may be required if the condition cannot be corrected in such ninety (90) days. 5.6 Maintenance of the Project. The Developer agrees to maintain the Project in first class condition and repair (and, as to landscaping, in a healthy condition) consistent with all applicable laws, rules, ordinances, orders, and regulations of all federal, state, county, municipal and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials. In addition, the Developer shall keep the Project free from any accumulation of debris or waste material. The Developer shall make all repairs and replacements necessary to keep the improvements in first class condition and repair and shall promptly eliminate all graffiti and replace dead and diseased plants and landscaping with comparable approved materials. If the Developer breaches any of the covenants contained in this Section 5.6 and such default continues for a period of five (5) business days after written notice from the Agency (with respect to the maintenance of landscaping, and removal of graffiti, debris, and waste material) or forty five (45) days after written notice from the Agency (with respect to building improvements and replacement of landscaping and general maintenance), then the Agency, in addition to whatever other remedy it may have at law or in equity, shall have the right to enter upon the Project and perform or cause to be performed all such acts and work necessary to cure the default. Pursuant to such right of entry, the Agency and/or City shall be permitted (but are not required) to enter upon the Project and perform all acts and work necessary to protect, maintain, and preserve the improvements and landscaped areas on the Project, and to assess the Developer in the amount of the expenditures arising form such acts and work of protection, maintenance, and preservation by the Agency and/or costs of such cure, including a fifteen percent (15 %) administrative charge, which amount shall be promptly paid by the Developer to the Agency upon demand. 6 EVENTS OF DEFAULT 6.1 Events of Default of Developer Prior to Close of Escrow. If prior to the Close of Escrow (1) the Developer (or any permitted successor in interest) assigns or attempts to assign this Agreement or any rights therein or in the Site (except as authorized in this Agreement) in violation of Section 2.4 hereof, or (2) any material representations by the Developer set forth in Section 2.3 hereof shall be false, untrue or incorrect, or (3) the Developer shall fail to comply in any manner with the Schedule of Performance, or (4) the Developer shall be otherwise in material default under this Agreement, or (5) the -16- 980513 jar F039-1.jar Temecula -- DDA Developer shall be in default or is unable to perform pursuant to the terms and conditions of the Purchase Agreement, then the Agency shall have the right to immediately terminate this Agreement and any rights of the Developer, or any assignee or transferee in this Agreement, or rights arising from this Agreement, with respect to the Site, shall, at the option of the Agency, be terminated by the Agency immediately upon a written declaration of termination being given by the Agency to the Developer. Upon such termination, the Developer shall reimburse the Agency for all costs and expenses incurred by the Agency in connection with this Agreement, including reasonable attorneys' and consultants' fees and costs, and the Agency shall not have any further rights against or liability to the Developer under this Agreement. In such an event, the Developer has no right to reimbursement for funds previously expended on escrow extensions, development of plans, and securing financing from the Agency, the City or any third party. 6.2 Events of Default of Agency Prior to Close of Escrow. In the event that prior to Close of Escrow: (1) the Developer shall be entitled to terminate this Agreement due to the Agency's failure to perform pursuant to this Agreement, or (2) the Agency shall otherwise be in material default under this Agreement, and any such failure shall not be commenced to be cured within thirty (30) days after the date of written demand therefor by the Developer thereafter, then this Agreement may, at the option of the Developer, be terminated by written notice thereof to the Agency. Upon such termination, the Agency shall reimburse the Developer for all costs and expenses incurred by the Agency in connection with this Agreement, including reasonable attorneys' 'and consultants' fees and costs, and the Developer shall not have any further rights against or liability to the Agency under this Agreement. 6.3 Events of Default After Close of Escrow. The following occurrences, if such occur after the Close of Escrow, shall constitute events of default under this Agreement, entitling the Agency or the Developer, as applicable, to exercise the remedies set forth in the following sections: (1) prior to the issuance of Certificate of Completion for the Site, the Developer shall have abandoned its work on the Project, or substantially suspended construction of the Project for a period of 30 days, or (2) the Developer or Agency shall be in default of any covenants, or any of their respective duties or obligations hereunder, or (3) either party shall fail to comply with the Schedule of Performance, or (4) the filing of a mechanics' lien on the Site and the failure of the Developer to cause such lien to be discharged, by bond or otherwise, within 15 days thereafter, or (5) a petition in bankruptcy by or against any party or appointment of a receiver or trustee of any property of any party, or an assignment by any Party for the benefit of creditors, or adjudication that such Party is insolvent by a court, such petition,. appointment, or assignment is not removed or discharged within 90 days, then such occurrence shall be declared to be an event of default in accordance with Section 6.4 hereof. 6.4 Declaration of Event of Default. Neither the Developer or Agency shall declare an event of default after the Close of Escrow with regard to any of the provisions of this Agreement, if after the non-defaulting party shall serve written notice of such default upon the defaulting party, the default is cured within 30 days thereafter; provided, however, if such default is not reasonably curable with 30 days, then it shall not be a default if the party commences to cure such default within such 30 day period and thereafter diligently pursues to full and satisfactory completion the cure within a reasonable period of time not to exceed an additional thirty (30) days, provided that if the event of default shall involve the payment of money, then the applicable amount shall be paid within the initial 30 days after said notice. -17- 980513 jar F039-1.jar Temecula -- DDA 6.5 Institution of Legal Actions. In addition to any other rights or remedies applicable hereunder after the Close of Escrow, Agency or the Developer may institute legal action to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement and its exhibits including but not limited to the Ground Lease, the Promissory Note (subject to the consent of the Lender), the Agency Deed of Trust (subject to the consent of the Lender), the Regulatory Agreement. Any legal actions initiated pursuant to this Agreement or otherwise with respect to its subject matter must be instituted in the Superior Court of the County of Riverside, State of California, or in the Federal District Court in the Central District of California. 6.6 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 6.7 Acceptance of Service of Process; Venue. In the event that 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 of the Agency, or in such other manner as may be provided by law. In the event that any legal action is commenced by the Agency against the Developer, service of process on the Developer shall be made by personal service, whether made within or without the State of California, or in such other manner as may be provided by law. All actions related directly or indirectly to this Agreement by and between the parties shall be brought in the Superior Court of the County of Riverside, California. 6.8 Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party hereto of one or more of such rights or remedies shall not preclude the exercise by said party, at the same or different times, of any other rights or remedies for the same default or any other default by any other party. 7 MISCELLANEOUS AND GENERAL PROVISIONS 7.1 Nonliability of Officials, Employees, Agents, and Contractors of the Agency and the City of Temecula. No member, official, employee, consultant, attorney, or contractor of the Agency or the City shall bc personally liable to the Developer, or any successor in interest, in the event of any default or breach by the Agency or for any amount which may become due to the Developer or its successors, or any obligations under the terms of this Agreement. 7.2 Reconciliation with Ground Lease and Loan Agreement. To the extent that any of the. provisions hereof cover the same subjects as the Ground Lease, the Loan Agreement, or any other agreements executed by the Developer in favor of the Agency, the Developer shall comply with the higher standards set forth in any of such agreements, such that the Agency shall be afforded the highest protections and the Developer will comply with the more stringent of the obligations of this Agreement or such other agreements. The agreements shall be interpreted so as to avoid conflicts among them. 7.3 Agency's Right of Access to Site After Completion. For the purpose of assuring compliance with this Agreement, representatives of the Agency shall have the reasonable right of access -18- 980513 jar F039-1.~ar Temecula -- DDA to the Site, without charge or fee, at normal hours, to ensure that the Developer is complying with the terms, covenants and conditions of this Agreement. The Agency shall indemnify, defend, and hold the Developer harmless from any damage caused or liability arising out of its exercise of its right of access to the Site. 7.4 Effect and Duration of Covenants. All of the terms, covenants, agreements or conditions set forth in this Agreement shall remain in effect for the length of time set forth herein, to the extent permitted by law. 7.5 Notices, Demands, and Communications. Formal notices, demands and communications between the Agency and the Developer shall be sufficiently given if dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the Agency and the Developer, as designated in Sections 2.1 and 2.2 hereinabove or as may be changed from time to time by notice in writing. Additional copies of notices, demands and communications to Developer shall be sent to the general construction contractor and the property manager for the Project at the addresses provided by the Developer. 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. 7.6 Entire Agreement, Waivers, and Amendments. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any portion of the Site. All amendments hereto, must be in writing and signed by the appropriate authorities of Agency and the Developer; however, the Executive Director of the Agency is hereby authorized to make extensions of time to the Schedule of Performance on behalf of Agency and agree to minor amendments required to implement this Agreement. Other provisions altering the intent of the Agreement may be amended by mutual written agreement of Agency, as approved by the Agency Board, and the Developer. 7.7 Attorney's Fees. If either party commences an action against the other party to enforce any of the terms hereof or because of the breach by either party of any of the terms hereof, the losing party shall pay the prevailing party reasonable attorney's fees, court costs and expenses incurred by the prevailing party in connection with such action, in addition to whatever other relief the prevailing party may be entitled. In the event a dispute should arise as to the amount to which the prevailing party is entitled, the court or a court appointed third party arbitrator shall determine such amount. 7.8 Indemnity. From and after the execution of this Agreement, the Developer hereby agrees to 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 foreseeable or unforeseeable consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out-of-pocket litigation costs and reasonable attorney's fees) and demands of any nature whatsoever, related directly or indirectly to, or arising out of or in connection with: (i) the development of the Improvements on the Property or the use, ownership, management, occupancy, or possession of the Property, -19- 980513 jar F039-1.jar Temecula -- DDA (ii) any breach or Default by the Developer hereunder, or (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 independent contractors on the Property), regardless of whether such losses and liabilities shall accrue or are discovered before or after termination or expiration of this Agreement, except to the extent such losses or liabilities are caused solely and exclusively by the gross negligence or intentionally wrongful acts of the Agency. The Developer shall defend, at its expense, including attorneys' fees, the Agency and the City, and the Agency's and the City's council members, board members, officers, agents, attorneys, consultants, independent contractors, servants and employees in any legal action based upon such alleged acts or omissions. The Agency and the City may in their discretion participate in the defense of any such legal action. 7.9 Force Majeure; Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by the parties hereunder shall not be deemed to be in default and all performance and dates shall be extended where delays or defaults are due to strikes, lock-outs, riots, floods, earthquakes, fires, casualties, freight embargoes, lack of transportation, governmental restrictions, litigation beyond the control or without the fault the party seeking relief, unusually severe weather, acts or omissions of the other party, acts or the failure to act of the City or any other public or governmental agency or entity (except that acts or the failure to act of the Agency shall not excuse performance by the Agency), or any other causes without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if the notice by the party claiming such an extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the written mutual agreement of the Agency and the Developer. The Developer is not entitled pursuant to this Section 7.9 to an extension of time to perform because of past, present or future difficulty in obtaining suitable temporary or permanent financing for the development of the Site. 7.10 Headings. All section headings and subheadings are inserted for convenience only and shall have no effect on the construction or interpretation of this Agreement. The references in this agreement to "Section" shall refer to the' sections of this Agreement unless it is clear from the context that another meaning is intended. 7.11 No Third Party Beneficiaries other than the City. The City shall be a named third party beneficiary of this Agreement. This Agreement is made and entered into for the sole protection and benefit of the parties, the City and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 7.12 Execution Authority. Each individual executing this Agreement on behalf of the Developer represents and warrants that he is duly authorized to execute and deliver this Agreement on behalf of said corporation, partnership, entity or organization and that this Agreement is binding upon same in accordance with its terms. -20 - 980513 jar F039-1.jar Temecula -- DDA 7.13 Time of Essence. Time is of the essence with respect to the performance of all obligations to be performed or observed by the parties under this Agreement. 7.14 Severability. If any term or provision of this Agreement shall be held invalid, illegal or unenforceable, the validity of all other terms and provisions hereof shall in no way be affected thereby. 7.15 Survival. The provisions hereof shall not terminate but rather shall survive any conveyance hereunder and the delivery of all consideration. CONDITIONS OF DEVELOPER'S OBLIGATIONS The obligations of the Developer and the Agency under this Agreement, in addition to the provisions hereof and performance of the obligations of the Agency, are further expressly conditioned upon and subject to the following: (i) acquisition of fee title to the Parcel 7 by the Developer in accordance with the Purchase Agreement, (ii) the obtaining by the Developer of all necessary governmental permits and approvals for the Project, with all conditions subject to the approval of the developer, (iii) closing of the Bonds and the funding of the Agency Loan, and (iv) obtaining by the Developer of a Tax Credit reservation from the California Tax Credit Allocation Committee in accordance with the application for such reservation and Tax Credits in accordance with the Schedule of Performance (but no later than the Close of Escrow). IN WITNESS WHEREOF, the parties hereto enter into this Agreement as of the date first set forth hereinabove. Developer: TEMECULA GARDENS, L.P., a California limited partnership By: Affirmed Housing Group, Partner By: President General Agency: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic By: Chairperson By: Secretary Attest: Secretary -21- 980513 ]at F039-1.jar Temecula -- DDA Exhibit 1 -- Legal Description Exhibit 2 -- Budget Exhibit 3 -- Scope of Development Exhibit 4 -- Schedule of Performance Exhibit 5 -- Ground Lease Exhibit 6 - Memorandum of Lease Exhibit 7 -- Regulatory Agreement List of Exhibits*** 980513 jar F039-1.jar Temecula -- DDA GROUND l .EASE THIS GROUND LEASE (this "Lease") is made as of June __, 1998, by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body corporate and politic (herein "Landlord") and TEMECULA GARDENS, L.P., a California limited partnership (herein "Tenant"). RECITALS A. Landlord is the owner of certain real property (the "Site") located in the City of Temecula, County of Riverside, State of California, as more fully described on Exhibit "A" hereto. B. Tenant desires to lease the Site for the purpose of renovating an existing 38 apartment units, and constructing an additional 38 apartment units thereon, and leasing same to persons or families of very low and low income. The Site and the improvements to be constructed thereon by Tenant are referred to herein as the "Premises." C. Pursuant to that certain Disposition and Development Agreement (the "DDA") dated as of May 26, 1998, Landlord has agreed to lease the Premises to Tenant, on the terms and conditions provided herein. D. Landlord desires to lease the Site and the existing improvements thereon to Tenant in accordance with the terms and conditions set forth hereinbelow. NOW THEREFORE, the Parties agree as follows: 1. Definitions. (a) "Affiliate" means any entity controlling, controlled by, or under common control with Tenant. (b) "Agency Loan" means the loan made by Landlord to Tenant pursuant to the Loan Agreement dated as of June 1, 1998, and any loan refinancing same. (c) "Area median income" shall mean the area median income for San Bernardino - Riverside County area as published by the Department of Housing and Community Development pursuant to California Health and Safety Code Section 50093. (d) "Affordable rent (including a reasonable utility allowance) for very low, lower, or moderate 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, lower or moderate income household, as amended from time to time. (e) "Audited Financial Statement" means an audited financial statement, including without limitation a profit and loss statement, generated by a third party certified public accountant acceptable to Landlord in its reasonable discretion, showing, for the previous fiscal year, on a monthly basis and in an easily readable format, Gross Revenues, Operating Expenses, Debt Service, Operating Reserve, Capital Replacement Reserve, and Net Cash Flow. (f) "Capital Replacement Reserve" means a reserve fund to be established by Tenant, as more particularly set forth in Section 12 of this Lease. (g) "City" means the City of Temecula, California. (h) "Commencement Date" means the date that the Memorandum of Lease described in Section 27(s) relating to this Lease is recorded in the Official Records of Riverside County, California. (i) "Debt Service" means the total of the payments of principal and interest actually made by Tenant during the applicable period in question for the payment or repayment by Tenant of the Agency Loan or any Loan refinancing same refinancing. (j) "Environmental Laws" means all federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance (as later defined), or pertaining to occupational health or industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Premises), occupational or environmental conditions on, under, or about the Premises, 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 §§ 2601 et seq.]; the Hazardous Materials Transportation Act (HMTA) [49 USCS §8 1801 et seq.]; the Insecticide, Fungicide, Rodenticicle Act [7 USCS 88 136 et seq.]; the Superfund Amendments and Reauthorization Act [42 U$CS 8§ 6901 et seq.]; the Clean Air Act [42 USCS §§ 7401 et seq.]; the Safe Drinking Water Act [42 USCS §8 300f 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 8§ 655 and 657]; the California Underground Storage of Hazardous Substances Act [H & S C §8 25280 et seq.]; the California Hazardous Substances Account Act [H & S C §8 25300 et seq.]; the California Hazardous Waste Control Act [H & S C §§ 25100 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [H & S C §8 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 Substances on, under, or about the Premises, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use. -2- 980513 jar F043-l.jar Temecula Gardens -- Ground Lease (k) "Family size as appropriate for the Unit" comply with the standards promulgated by the California Tax Credit Allocation Committee. (1) "Gross Income" means all revenues or income collected by Tenant, or its successors or assigns from the Premises, including but not limited to sums paid by all subtenants, licensees and concessionaires, and received by Tenant or by any Affiliate. 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 and income from operating cable television, recreation facilities, and any other services at the Premises. 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 Premises or any part thereof, provided however insurance proceeds and payments from any reserve funds established pursuant to this Agreement hereof for a casualty loss to the extent that said proceeds are expended on any item that would qualify as a repair or maintenance item pursuant to the definition of Operating Expenses shall be included in Gross Income. (m) "Hazardous Substances" includes without limitation: (A) 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; (B) 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]; (C) 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 (D) Any material, waste, or substance that is (1) a petroleum or refined petroleum product, (2) asbestos, (3) polychlorinated biphenyl, (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. (n) "Lender" means any Mortgagee. (o) "Lease Year" means the period from Project Stabilization, through the first anniversary thereof, and each 12 month period thereafter; provided, however, if Project Stabilization does not occur by , 1999, then the first Lease Year shall be deemed to have commenced on , 1999. 980513 3ar F043-1.]ar Temecula Gardens -- Ground Lease (p) "Lien" means any security instrument encumbering the Premises or any part thereof securing any Loan. (q) "Loan" means the Agency Loan and any loan refinancing same, on the terms and conditions set forth in Section 17(e) hereof, provided that such Loan is a first leasehold encumbrance. (r) "Mortgagee" means a mortgagee of a mortgage or a beneficiary under the Loan, including the assignee of Landlord with respect to the Deed of Trust securing the Loan. (s) "Net Cash Flow" or "Net Operating Income" means for any period the amount of Gross Income for such period, less Operating Expenses and Debt Service for such period. (t) "Net Loan Proceeds" means the proceeds of any loan secured by the Premises, less the repayment of any Loan made prior in time to said Loan and less any fees or charges paid out of the gross proceeds related to such Loan, including without limitation reasonable and customary broker's commissions and fees payable to real estate brokers licensed in the State of California, reasonable loan commitment fees or other charges assessed by the lender for making the loan, normal closing costs, title insurance premiums, and reasonable attorney's fees. (u) "Net Sale Proceeds" shall mean the proceeds from the sale of Tenant's interest in the Premises (including the assignment or sale of this Lease) after payment of all Loans then due and after payment of all costs and expenses related to such sale, including but not limited to escrow fees, reasonable attorney's fees, normal closing costs, title insurance premiums, and customary broker's commissions payable to real estate brokers licensed in the State of California. (v) "Operating Expenses" means for any period the sum of the following expenses incurred and actually paid during such period: (i) all expenses actually and reasonably incurred by Tenant in owning, operating, maintaining, repairing, and replacing the Premises (excluding payment of insurance proceeds and any costs or expenses paid or reimbursed by third parties), including without limitation Taxes, insurance, and improvement expenses for the Premises, reasonable and customary accounting and legal fees, advertising expenses, supplies, license and permit fees, capital expenditures (to the extent such expenses exceed reserves), and utility charges; (ii) such Capital Replacement Reserves as Tenant or any Mortgagee may require to be set aside for the Premises (subject to Landlord's approval, which approval shall not unreasonably be withheld) (but excluding the payment of funds from the reserve once set aside); (iii) a property management fee which shall not exceed 6% of Gross Income; (iv) an asset management fee equal to $5,000 per year, but only for the first 15 Lease Years of the Term; and (iv) reasonable expenses of all on-site employees, which employees shall be employees of the Premises and not the property manager. Tenant shall be deemed to be required to pay Operating Expenses for materials and services upon receipt thereof, and to the extent services are not billed on a monthly basis, the bill for such services shall be prorated over the period during which such services were received. Operating Expenses shall not include: (i) payments made from insurance proceeds for any loss to the Premises, (ii) depreciation of buildings or improvements, (iii) funds expended from reserves to the extent such reserves have -4- 980513 jar F043-1.jar Temecula Gardens -- Ground Lease already been included as an Operating Expense, (iv) the initial cost of constructing the improvements or any expansion or replacements thereof, (v) any penalties or interest resulting from Tenant's failure to pay when due any sums that Tenant is obligated to pay to third parties (e.g., penalties and interest for late payment of real property taxes). (w) "Persons or Families of Very Low or Lower Income" means persons or families whose income do not exceed the amounts set forth in California Health and Safety Code Sections 50105 (very low income) or 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 very low or lower income categories. (x) "Project" means the Site and the development of the Site with a 76 unit apartment complex, consisting of the rehabilitation of 38 existing units on the Site, and construction of 38 new units on the Site. (y) "Project Cost(s)" means the sum of Tenant's total cost to acquire the Site and construct the Premises, including but not limited to, all of the following: (i) the total cost of market studies, consulting fees, soils tests, closing costs and attorney's fees related to the acquisition of the Site, the economic feasibility of constructing and operating the Premises; (ii) the cost of obtaining the Agency Loan to finance the Premises, including but not limited to, reasonable and customary costs of issuance of the Bonds, commitment fees, points, closing costs, reasonable attorneys' fees, title insurance premiums and interest on all such financing through the funding of the Agency Loan; (iii) appraisal fees, architectural fees, engineering fees, reasonable attorney's fees and other consulting fees and costs; (iv) the cost of fees and permits payable to any governmental agency having jurisdiction relating to the construction and operation of the Premises; (v) on site and off site construction costs, including general contractor fees paid to any third party general contractor, not to exceed 12% of the total construction cost for off-site and on-site improvements, base construction, exterior common area and customary indirect costs; (vi) the cost of "normal and customary" general conditions of the construction contract, including without limitation, trailer, temporary utilities, insurance and on-site supervision; (vii) costs of construction supervision; (viii) developer fees equal to the lesser of $732,021.00, or the amount permitted by the California Tax Credit Allocation Committee with respect to the Premises; (ix) all costs incurred by Tenant in constructing the Premises which are not identified in the Categories, but which qualify as Eligible Basis under Section 42(d)(1) of the Internal Revenue Code of 1986 as amended; (x) reserves for the operation of the Premises in such amounts as Tenant or as a Lender may require; (xi) the amount of any Negative Cash Flow until Project Stabilization; and (xii) such amounts properly expended in any Category not accounted for hereinabove directly related to the acquisition, development and construction of the Premises. (z) "Project Stabilization" means the first date on which the sum of the Gross Income for the preceding 3 calendar months equals or exceeds the total of: (i) Operating Expenses, and (ii) Debt Service for the 3 preceding calendar months. (aa) "Regulatory Agreement" means the agreement to be recorded concurrently with the Close of Escrow to encumber the Site, as provided in the DDA. 980513 jar F043-1.jar Temecula Gardens -- Ground Lease (bb) "Schedule of Performance" means the Schedule of Performance attached to the DDA, which Schedule of Performance is incorporated herein by this reference. (cc) "Scope of Development" means the Scope of Development attached to the DDA, which Scope of Development is incorporated herein by this reference. (dd) "Site" is the subject real property located in the City of Temecula, County of Riverside, State of California, and more particularly described in Exhibit 1 attached hereto and incorporated herein by reference. (ee) "Tax Credits" means low-income housing tax credits allowable to Tenant with respect to the Premises under Section 42 of the Internal Revenue Code of 1986, as amended. (ff) "Tenant's Preferred Return Period" means the period from the beginning of Project Stabilization until the date that Tenant has received from Net Cash Flow pursuant to Section 5(b) the sum of $220,000.00, plus simple interest thereon at the rate of 7 % per annum, with such interest accruing from Project Stabilization. For purposes of this Section 1, "Debt Service", "Gross Income," "Net Cash Flow", and "Operating Expenses" all shall be determined on a cash basis. 2. l.ease of the Site. Landlord leases the Site to Tenant, and Tenant leases the Site from Landlord, for the Term set forth in Section 3 hereof, and on the conditions set forth in this Lease. Any improvements existing on the Site at the commencement date of this Lease shall become Tenant's property and Tenant may use and renovate them when the new construction provided for below is commenced. 3. Term. The term of this Lease (the "Term") shall commence on the Commencement Date, and shall end on May 31, 2048. 4. Use. Tenant shall use the Premises solely for the renovation of the existing 38 apartment units thereon and the construction of an additional 38 apartment units thereto, and the leasing of same to Low and Very Low Income Households, and for no other purpose whatsoever. 5. Rent. Tenant shall pay to Landlord as rent, without deduction, set-off, prior notice or demand, an amount equal to the following: (a) Rase Rent. Tenant shall pay to Landlord on the Commencement Date, as advance base rent ("Base Rent"), the sum of $1,669,169.00. (b) Percentage Rent. Tenant shall pay to Landlord as additional rent a portion of the Net Cash Flow from the Premises ("Percentage Rent"), as follows: -6- 980513 jar F043-1.jar Temecula Gardens -- Ground Lease Tenant shall receive the amount of Net Cash Flow set forth in the following table, and Tenant shall pay Landlord as Percentage Rent a portion of the Net Cash Flow, in the amounts set forth in the following table: Period Project Stabilization through the earlier of (i) the end of the 2rid Lease Year, or (ii) the end of the Tenant Preferred Return Period, whichever first occurs From the earlier of the date that is 2 years after (i) Project Stabilization, or (ii) the end of the Tenant Preferred Return Period, whichever first occurs, through the end of the 9th Lease Year From the first day of the 10th Lease Year through the last day of the 15th Lease Year From the first day of the 16th Lease year through the last day of the 21st Lease Year From the first day of the 22nd Lease Year through the last day of the 27th Lease Year From the first day of the 28th Lease Year through the end of the Term Landlord's Percentage of Net Cash Flow ("Percentage Rent") Tenant' s Percentage of Net Cash Flow 25 % 75 % 75 % 25 % 80% 20% 85% 15% 90% 10% 95% 5% (c) All Net Cash Flow from the Premises prior to Project Stabilization shall be paid to Landlord as additional rent hereunder. (d) Percentage Rent shall be paid annually, in arrears, within 25 days after the end of each Lease Year, with respect to the Net Cash Flow received by Tenant for the preceding Lease Year. All rent payable hereunder shall be paid without deduction or offset, and in legal currency of the United States as at the time of payment shall be legal tender for the payment of private debts. (e) All Percentage Rent payments shall be accompanied by a written statement certified by Tenant to be true and correct setting forth the total Net Cash Flow realized from the Premises for the preceding month, and showing in reasonable detail the method of computing the 980513 jar F043-1.jar Temecula Gardens -- Ground Lease Percentage Rent due for such month. Tenant shall also include in reasonable detail a breakdown of any other information that is from time to time reasonably requested by Landlord. Tenant shall from time to time throughout any Lease Year, at Landlord's request (but no more often than quarterly), on 30 days written notice from Landlord, provide Landlord with an information statement setting forth the same or similar information described above as Landlord might reasonably request. (f) l.ate Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises Accordingly, if any installment of rent or other sum due from Tenant shall not be received by Landlord or Landlord's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to five percent (5 %) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's Default or breach with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. (g) Tenant shall keep at Tenant's principal place of business in Riverside or San Diego County, California, true and correct records of all income and expenses realized or incurred with respect to the Premises. The records shall be kept at the Premises for not less than three years after delivery of the required annual Percentage Rent payment; provided that Tenant either party may remove to another location in San Diego, Los Angeles, Orange, or Riverside Counties any or all records for legal or accounting purposes or for other purposes consistent with the provisions of this Lease. Landlord shall have the right, at any reasonable time and from time to time, after giving reasonable notice, to do any or all of the following: to audit the records; to cause an audit of the records to be made; to make abstracts from the records; to make copies of any or all of the records; to examine any or all contracts, subleases, licenses, and concession agreements; and to make copies of any or all contracts, subleases, licenses or concession agreements. Within 90 days after the end of each calendar year following Project Stabilization, Tenant shall deliver to Landlord an Audited Financial Statement, setting forth the Gross Income, Debt Service, and Operating Expenses for Premises for the prior calendar year, and, if necessary, the parties shall adjust any overpayment or underpayment of Percentage Rent necessary based upon such Audited Financial Statement. Landlord may not make such audits more than one time per calendar year, unless Tenant has defaulted in a material obligation that Tenant has failed to cure within the time period set forth in Section 18(a) hereof, in which case Landlord may exercise these rights at any time. Tenant shall make all records specified in the notice available at the time specified in the notice and at the place where the records are to be kept. All information so obtained by Landlord or otherwise obtained under the rent provisions of this Lease shall be treated as confidential except in any litigation or arbitration proceedings between the parties and except, further, that Landlord may divulge the information to a prospective buyer or encumbrancer of the Premises or of Landlord's interest in this Lease or to a 980513 jar F043-1.jar Temecula Gardens -- Ground Lease governmental agency or employee demanding the information, or as Landlord is required to divulge by law. If the audit discloses that the amount of Percentage Rent due was understated Tenant shall pay within 15 days the Percentage Rent to Landlord. If the audit discloses that the amount of Percentage Rent due was understated by more than 3 %, Tenant shall immediately pay the Percentage Rent due to Landlord plus the cost of the audit, and if such discrepancy occurs more than one time during the term hereof, on the second and subsequent occasions Tenant shall pay a penalty equal to 15 % of the gross Percentage Rent payable for such Lease Year. 6. Management. (a) Tenant shall manage or cause the Premises to be managed in first class condition, consistent with other newly constructed rental housing projects, including market rate projects, in Riverside County, California, and in conformity with the Regulatory Agreement and the Management Plan approved by Landlord pursuant to the DDA. Tenant has contracted with a management company or manager, which may be an Affiliate of Tenant, to operate and maintain the Site in accordance with the terms of this Lease (hereinafter "Property Manager" or "Management Company"); the selection and hiring of such management company was subject to, and the selection of any other manager shall be subject to, approval by Landlord's Executive Director, which approval shall not unreasonably be withheld. (b) In accordance with the DDA, Tenant shall submit for the approval by Landlord's Executive Director a "Management Plan" which sets forth the duties of the Property Manager, in accordance with the DDA. (c) Tenant shall submit or shall cause its Property Manager to submit to Landlord's Executive Director on or before March 31, 1999, and each anniversary thereof, an annual budget for the ongoing operation of the Premises. At Landlord's request, delivered within 30 days after receipt of the budget, each of Tenant and Landlord 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. (d) In the event of "Gross Mismanagement" (as that term is defined below) of the Premises, Landlord shall have the right to require that such Gross Mismanagement cease immediately, and further to require the immediate replacement of the Property Manager if such condition is not corrected after expiration of thirty (30) days from the date of written notice from Landlord. For purposes of this Lease, the term "Gross Mismanagement" shall mean management of the Premises in a manner which materially violates the terms and/or intention of this Lease to operate a high quality affordable housing complex, and shall include, but is not limited to, the following: Leasing to tenants who exceed the prescribed income levels; Allowing the tenants to exceed the prescribed occupancy levels without taking immediate action to stop such overcrowding; 980513 jar F043-1.jar Temecula Gardens -- Ground Lease Underfunding the prescribed Capital Replacement Reserve notwithstanding the generation of cash flow adequate to fully fund such Reserves in conformity with this Lease prior to the disbursement of Net Cash Flow; Failing to timely maintain the Premises and the Site in accordance with the Management Plan and the manner prescribed in the DDA; Failing to submit timely and/or adequate annual Section 33418 reports as required by the Regulatory Agreement; Fraud or embezzlement of moneys; and Repeatedly failing to fully cooperate with the Riverside County Sheriff's Office, or the Temecula Police Department, as applicable, in maintaining a crime free environment on the Site. (e) Notwithstanding the above, Tenant shall use its best efforts to correct any defects in management at the earliest feasible time and, if necessary, to replace the management company prior to the elapsing of such time period. (a) Covenant to P~ty Taxes. As additional rent, Tenant shall pay directly to the appropriate taxing authorities all taxes ("Taxes") levied or assessed upon or against the Premises during the term and all property taxes levied on personal property located on the Premises. All taxes shall be paid at least 10 days prior to their due date. Tenant shall furnish to Landlord at least 5 days prior to the date when any Taxes would become delinquent receipts or other appropriate evidence establishing their payment, and before any fine, interest or penalty shall become due or be imposed by operation of law for their non-payment, and Tenant shall promptly furnish to Landlord satisfactory evidence establishing such payment. Tenant may comply with this requirement by retaining a tax service to notify Landlord whether the taxes have been paid. (b) Definition of Taxes. The term "Taxes" shall include all real property taxes (including increases in real property taxes caused by reappraisals that are the result of changes in the ownership of Landlord's interest), possessory interest taxes, personal property taxes, charges and assessments, (including street improvement liens) which are levied, assessed upon or imposed by any governmental authority or political subdivision thereof during any calendar year of the Term hereof with respect to the Premises and the Site and any improvements, fixtures, and equipment and all other property of Tenant or Landlord, real or personal, or used in connection with the operation of the Premises and any tax which shall be levied or assessed in addition to or in lieu of such real or personal property taxes, and any license fees, tax measured by or imposed upon rents, or other tax or charge upon Landlord's leasing of the Site or the receipt of rent hereunder. All assessments, taxes, fees, levies and charges imposed by governmental agencies for services such as fire protection, street, sidewalk and road maintenance, refuse removal and other public services generally provided without 980513 jar F043-1.jar Temecula Gardens -- Ground Lease charge to owners or occupants prior to the adoption of Proposition 13 by the voters of the State of California in the June 1978 election, also shall be deemed included within the definition of "taxes" for the purposes of this Lease. (c) Possessory Interest. Pursuant to Health and Safety Code Section 33673, the Site is required to be assessed and taxed in the same manner as privately owned property. Tenant shall pay taxes upon the entire property and not merely the assessed value of its leasehold interest. Landlord will provide notice to the Riverside County Assessor within thirty (30) days of the commencement of this Lease as required by Health and Safety Code Section 33673.1; provided that the failure to do so, by Landlord, shall not be deemed to constitute a default or waiver of Landlord's right to do so retroactively. Tenant shall not apply for or receive any exemption from the payment of property taxes and assessments. (d) Proration of Tenant's Tax l,iability. Tenant's liability to pay Taxes shall be prorated on the basis of a 365- day year to account for any fractional portion of a fiscal tax year included in the term at its commencement or expiration. 8. Construction by Tenant. (a) Condition of the Premises. Tenant hereby approves the physical condition of the Site. Landlord hereby leases the Premises to Tenant in an "as is" condition, and Landlord makes no warranty whatsoever to Tenant as to the condition of any portion of the Site, including whether the Site contains any Hazardous Substances. Tenant has inspected the Site and Tenant has determined that the Site is suitable for Tenant's purposes. Tenant acknowledges and agrees: (i) Landlord has made no representation or warranty with respect to the Site, and that prior to the Close of Escrow, Landlord will make no representations and warranties with respect to the Site other than those contained in this Agreement. (ii) It is leasing the Site with the ultimate objective of rehabilitating the existing improvements and constructing new improvements thereon. (iii) Its decision to purchase the Site will be based on the results of its analysis and the reports it has previously obtained. (iv) Landlord has made no representation or warranty as to the accuracy or completeness of any reports and other materials prepared by persons other than Landlord and delivered by Landlord to Tenant, and Tenant is not relying on the accuracy and completeness of any such reports and other materials prepared by persons other than Landlord. (v) Landlord has made no representation or warranty with respect to the use, fitness for a particular reason, zoning, value, improvements, square footages or any other condition of the Site or the improvements thereon. -11- 980513 ]ar F043-1.jar Temecula Gardens -- Ground Lease Tenant is leasing the Site in "AS-IS," "WHERE-IS" condition "WITH ALL FAULTS." Tenant agrees that Landlord has no obligation to remedy any faults, defects, or other adverse conditions described in any report or other material obtained by Tenant or delivered by Landlord to Tenant, including the remediation of any Hazardous Material on the Site. Tenant, on its own behalf and on behalf of all of Tenant's successors and assigns, hereby releases Landlord on account of any hazardous materials that may be in, on or about the Site. Tenant hereby agrees to indemnify and defend the City and/or Landlord for any claims which may be asserted against the City and/or Landlord under the Comprehensive Environmental Response and Compensation and Liability Act, as amended (42 U.S.C. Section 9601 et seq.) CCERCLA") or under any other county, state, federal, or local environmental law for any conditions existing during the time Tenant has title to the Site, and provided such indemnitee is not responsible for such conditions. This indemnity shall not apply in the event of the indemnitee's own gross negligence or wilful misconduct. (b) Commencement of Construction. (i) Within the time period set forth in the Schedule of Performance, Tenant shall commence to demolish and/or remodel any existing structures from the Site and immediately thereafter commence the construction of the improvements substantially in accordance with plans and specifications submitted to the City by Tenant, and consistent with the Scope of Development. (ii) Any improvements existing on the Site at the Commencement Date of this Lease shall become Tenant's property and Tenant may use, sell, demolish, remove, or otherwise dispose of them when necessary for Tenant to commence the new construction provided for below. Landlord shall receive no compensation for the improvements other than the performance of Tenant's covenants expressed in this Lease. (iii) At any time and from time to time during the term, Tenant may, but is not obligated to, construct or otherwise make new improvements on any part or all of the Site and to demolish, remove, replace, alter, relocate, reconstruct, or add to any existing improvements in whole or in part, and to modify or change the contour or grade, or both, of the Site, provided the improvements following the work are at least equal in value to any improvements as were on the Site before being demolished, removed, replaced, altered, relocated, reconstructed, modified, or changed, and provided that such work will not result in diminution in value of the Premises. All salvage shall belong to Tenant. (c) Completion of Construction. Once the work is approved by Landlord, Tenant shall with reasonable diligence prosecute to completion all construction of the improvements in accordance with the Schedule of Performance. Construction of the improvements shall be completed and ready for use no later than March 31, 1999, provided that the time for completion shall be extended for as long as Tenant shall be prevented from completing the construction by delays due to Force Majeure (as defined in Section 27(h)). All work shall be performed in a good and workmanlike manner, shall substantially comply with the plans and specifications submitted to Landlord and shall -12- 980513 jar FO43-1.jar Temecula Gardens -- Gro%w~d Lease comply with all applicable governmental permits, laws, ordinances and regulations. The parties acknowledge that it is conanon practice in the construction industry to make minor changes during the course of construction without substantially altering the plans and specifications previously approved by Landlord; on completion of the work, Tenant shall provide Landlord notice of all changes in plans and specifications made during the course of the work and shall, at the same time, supply Landlord with "as built" drawings accurately reflecting all such changes. (d) Compliance with State l.aw and Prevailirtg Wage. Tenant represents and warrants that all of the improvements constructed by Tenant shall be constructed in compliance with the current City and State of California standards and laws applicable to the construction of public improvements, and in compliance with all applicable law or regulation with respect to the payment of prevailing wages, to the extent applicable to Tenant. The parties agree that one of the purposes of this Lease is for the improvements of the Premises on the Site, and is not, nor is it intended to be, a public works contract. In performing this Lease, Tenant is an independent contractor and is not the agent of Landlord. Landlord shall not have any responsibility for payment to any contractor or supplier of Tenant. Notwithstanding the foregoing, Tenant understands that it may be subject to certain public contract requirements as provided by law, and to the extent that Tenant is subject to such requirements, Tenant shall comply with all such requirements. (e) Mechanics' l.iens. Tenant shall pay all costs for construction done by it or caused to be done by it on the Site as permitted or required by this Lease. Tenant shall keep the Premises free and clear of all mechanics' liens resulting from construction done by or for Tenant. If a mechanic's lien is recorded against the Premises, then Tenant's failure to discharge same, by bond or otherwise, within 30 days after the filing thereof, shall be a default hereof. Tenant shall have the right to contest the correctness or the validity of any such lien if, immediately on demand by Landlord, Tenant procures and records a lien release bond issued by a corporation authorized to issue surety bonds in California in an amount equal to one and one-half times the amount of the claim of lien. The bond shall meet the requirements of Civil Code §3143 and shall provide for the payment of any sum that the claimant may recover on the claim (together with costs of suit, if it recovers in the action). Tenant shall hold harmless, defend and indemnify Landlord and the Premises and the Site against all liability and loss of any type arising out of work performed on the Site by Tenant, together with reasonable attorneys' fees and all costs and expenses reasonably incurred by Landlord in negotiating, settling, defending or otherwise protecting against such claims. If Tenant does not cause to be recorded the bond described in California Civil Code Section 3142 or otherwise protect the Site under any alternative or successor statue, and a final judgment has been rendered against Tenant by a court of competent jurisdiction for the foreclosure of a mechanics' materialman's, contractor's or subcontractor's lien claim, and if Tenant fails to stay the execution of the judgment by lawful means or to pay the judgment, Landlord shall have the right, but not the duty, to pay or otherwise discharge, stay or prevent the execution of any such judgment or lien or both. Tenant shall reimburse Landlord for all sums paid by Landlord under this section, together with all Landlord's attorneys fees and costs, plus interest on those sums, fees, and costs, at the maximum legal rate that may be charged by non- exempt lenders under the usury laws of the State of California. On completion of any substantial work of improvement during the term, Tenant shall file or cause to be filed a notice of completion. -13 - 980513 jar F043-1.jar Temecula Gardens -- Ground Lease Tenant hereby appoints Landlord as Tenant's attorney-in-fact to file the notice of completion on Tenant's failure to do so after the work of improvement has been substantially completed. (f) Easements, Zoning and Other Restrictions. (i) Easements and Dedications. In order to provide for the more orderly development of the Site, it may be necessary, desirable or required that street, water, sewer, drainage, gas, power line and other easements and dedications, and similar rights be granted or dedicated over or within portions of the Site. Landlord shall, upon request of Tenant, join with Tenant in executing and delivering such documents, from time to time, and throughout the term of this Lease, as may be appropriate, necessary or required by the several governmental agencies, public utilities and companies for the purpose of granting such easements and dedications, as long as such easements and dedications do not extend beyond the term of this Lease. (ii) Zflaing. In the event that Tenant deems it necessary or appropriate to obtain use, zoning or subdivision and precise plan approval and permits for the Site, or any part thereof, Landlord agrees, from time to time upon request of Tenant, to execute such documents, petitions, applications and authorizations as may be appropriate or required for the purposes of obtaining conditional use permits, zoning and rezoning, tentative and final map approval, precise plan approval, and further, for the purposes of annexation to or the creation of districts and governmental subdivisions, with respect to the Site, or any part thereof. This paragraph shall apply to Landlord solely in its capacity as owner of the Site, and shall not in any way restrict or bind Landlord acting in its governmental capacity. (g) Expenses. In each of the foregoing instances, Landlord shall be without expense therefor, the cost and expense thereof (including Landlord's attorneys fees) to be borne solely by Tenant, and Tenant shall reimburse Landlord on demand for the reasonable costs and expenses so incurred by Landlord. (h) Ownership of Improvements. The improvements on the Premises shall be owned by Tenant until the expiration or sooner termination of the Term. Tenant shall not, however, remove any improvements from the Premises nor waste, destroy or modify any improvements on the Premises, except as permitted by this Lease. The parties covenant and agree for themselves and all persons claiming under them that the improvements are real property. Upon expiration or sooner termination of the Term of this Lease, all improvements on the Premises shall, without compensation to Tenant, thereupon become Landlord's property free and clear of all claims and encumbrances to or against them by Tenant or any third person, and Tenant shall defend and indemnify Landlord against all liability and loss arising from any competing claims of ownership. 9. Hazardous Substances. Tenant shall not use, handle, store, transport, generate, release, or dispose of any Hazardous Substances on, under, or about the Premises, except that Tenant may use small quantities of common chemicals customarily used in an office such as adhesives, lubricants, and cleaning fluids in order to conduct business at the Premises. Tenant shall comply at Tenant's sole cost and expense with any Environmental Laws. At any time during the term of this -14- 980513 jar FO43-1.jar Temecula Gardens -- Ground Lease Lease, Tenant shall, within ten (10) days after written request from Landlord, disclose in writing all Hazardous Substances that are being used by Tenant on the Premises, the nature of the use, and the manner of storage and disposal. Tenant agrees to indemnify, defend and hold Landlord harmless from any liabilities, losses, claims, damages, penalties, frees, attorney fees, expert fees, court costs, remediation costs, investigation costs, or other expenses resulting from or arising out of the use, storage, treatment, transportation, release, or disposal of Hazardous Substances on or about the Premises by Tenant. This covenant shall survive the assignment or sale of Tenant's interest in this Lease and the expiration or sooner termination of this Lease. 10. Utilities and Services. Tenant shall make all arrangements for and pay (or cause its subtenants to pay) for all utilities and services furrushed to or used by it or its subtenants, including, without limitation, gas, electricity, water, telephone service, communications, cable television, and trash collection, and for all connection charges. 11. Maintenance. (a) Throughout the Term, Tenant shall, at Tenant's sole cost and expense, maintain the Premises and every part thereof (including all parking, pedestrian walkways, and common areas) in good condition and repair and in accordance with (i) all applicable laws, rules, ordinances, orders and regulations of federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials; (ii) the insurance underwriting board or insurance services office having or claiming jurisdiction over the Premises; and (iii) all insurance companies insuring all or any part of the Premises. Landlord shall not have any responsibility to maintain the Premises whatsoever. Tenant shall not incur any expense in connection with the operation, maintenance or repair of the Premises in excess of $10,000.00 for any one item in any one calendar year, without obtaining the prior written consent of Landlord (except in the case of emergency, in which case no notice is required unless the cost of same exceeds $25,000.00, and in which case telephone notice shall suffice). Such amounts shall be adjusted annually to an amount equal to the product of such amounts multiplied by the Consumer Price Index (the "CPI") for All Urban Consumers, U.S. City Average (1982-1984= 100) (as published by the U.S. Department of Labor, Bureau of Labor Statistics) for the month of June of such calendar year, and divided by the CPI for the month of June, 1998, or the most closely related successor index if the CPI ceases to be published. (b) Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing, edging, and trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and optimum irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. (c) clean-up maintenance shall include, but not be limited to: maintenance of all private paths,parking areas, driveways and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or -15- 980513 jar F043-1.jar Temecula Gardens -- Ground Lease unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. (d) All maintenance work shall conform to all applicable federal and state Occupation Safety and Health Act standards and regulations for the performance of maintenance. (e) Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied only by persons in strict accordance with all governing regulations. (f) Parking lots, lighting fixtures, trash enclosures, and all areas shall be kept free from any accumulation of debris or waste materials by regularly scheduled maintenance. (g) The Premises shall be maintained in conformance and in compliance with the approved construction and architectural plans and design scheme, as the same may be amended from time to time with the approval of the City (and Landlord, if such approval is required). (h) Except as provided in Section 14 hereof, Tenant shall promptly and diligently repair, restore, and replace as required to maintain or comply as above, or to remedy all damage to or destruction of all or any part of the improvements. The completed work of maintenance, compliance, repair, restoration, or replacement shall be equal in value, quality and use to the condition of the improvements before the event giving rise to the work, except as expressly provided to the contrary in this Lease. Landlord shall not be required to furnish any services or facilities or to make any repairs or alterations of any kind in or on the Premises. Landlord's election to perform any obligation of Tenant under this provision on Tenant's failure or refusal to do so shall not constitute a waiver of any right or remedy for Tenant's default, and Tenant shall promptly reimburse, defend and indemnify Landlord against all liability, loss, cost and expense arising from it. (i) Nothing in this provision defining the duty of maintenance shall be construed as limiting any right given elsewhere in this Lease to alter, modify, demolish, remove, or replace any improvement, or as limiting provisions relating to condemnation or to damage or destruction during the final year or years of the Term. No deprivation, impairment, or limitation of use resulting from any event or work contemplated by this section shall entitle Tenant to any offset, abatement, or reduction in rent nor to any termination or extension of the Term. (j) In determining whether Tenant has acted promptly as required under the foregoing section, one of the criteria to be considered is the availability of any applicable insurance proceeds. (k) Tenant waives the provisions of California Civil Code Sections 1941 and 1942 with respect to Landlord's obligations for tenantability of the Premises and Tenant's right to make repairs and deduct the expenses of such repairs from rent. -16- 980513 jar FO43-1.jar Temecula Gardens -- Ground Lease 12. Capital Replacement Reserve. Commencing as of the first month following the first anniversary of the completion of the first housing unit (as such completion is evidenced by the issuance of a certificate of occupancy by the City as to the corresponding building) Tenant set aside as a "Capital Replacement Reserve' an amount equal to one-twelfth (1/12th) of the sum of $250 per each completed housing unit, which shall be deposited into a separate interest-bearing trust account. Funds in the Capital Replacement Reserve shall be used for capital replacements to the Premises' fixtures and equipment which are normally capitalized under generally accepted accounting principles. As capital repairs and improvements of the Premises become necessary, the Capital Replacement Reserve shall be the first source of payment therefor; provided, however, that Tenant may first use other funds for payment with the prior consent of Landlord's Executive Director, which approval shall not be unreasonably withheld. The non-availability of funds in the Capital Replacement Reserve does not in any manner relieve Tenant of the obligation to undertake necessary capital repairs and improvements and to continue to maintain the Site in the manner prescribed in Section 11 and the DDA. Tenant, at its expense, shall submit to Landlord on not less than an annual basis an accounting for the Capital Replacement Reserve. (a) Capital repairs to and replacement of the improvements on the Premises shall include only those items with a long useful life, including without limitation the following: (i) Appliance replacement; (ii) Hot water heater replacement; (iii) Plumbing fixtures replacement, including tubs and showers, toilets, lavatories, sinks, faucets; (iv) Air conditioning and heating replacement; (v) Asphalt replacement; (vi) Roofing replacement; (vii) replacement; Landscape tree replacement and irrigation pipe and controls (viii) Gas line pipe replacement; (ix) Lighting fixture replacement; and (x) Miscellaneous motors and blowers. -17- 980513 jar F043-1.jar Temecula Gardens -- Ground Lease 13. Alterations. Neither Tenant nor any subtenant shall make any alterations or additions to the Premises (other than non-structural alterations costing not more than $10,000) without Landlord's prior written consent, which shall not be unreasonably withheld. (Landlord acknowledges that items of ordinary maintenance and repair are not alterations or additions for the purposes hereof.) If Tenant or any subtenant makes any alterations to the Premises as provided in this section, the alterations or additions shall not be commenced until 20 days after Landlord has received notice from Tenant or the subtenant stating the date the installation of the alterations or additions is to commence so that Landlord can post and record an appropriate notice of nonresponsibility. Such $10,000 amount shall be adjusted annually to an amount equal to the product of $10,000 multiplied by the CPI for the month of June of such calendar year, and divided by the CPI for the month of June, 1998. 14. Destruction. (a) l.ease to Govern Tenant's Rights. Tenant waives the provisions of Civil Code Sections 1932(2) and 1933(4) with respect to any destruction of the Premises, and agrees that Tenant's rights in case of destruction shall be governed solely by the provisions of this Lease. (b) Restoration by Tenant. Except as provided below, Tenant shall promptly and diligently repair, restore and replace as required to maintain the Premises in first class condition and repair, or to remedy all damage to or destruction of all or any part of the improvements from any cause whatsoever, so long as the cost of the work so required does not exceed 50 % of the replacement cost of the Premises (or, in the last two Lease Years of the Term, 25 % of the replacement cost of the Premises). The completed work of maintenance, compliance, repair, restoration or replacement shall be equal in value, quality and use to the condition of the Premises before the event giving rise to the work, except as expressly provided to the contrary in this Lease. Landlord shall not be required to furnish any services or facilities or to make any repairs or alterations of any kind in or on the Premises. Landlord's election to perform any obligation of Tenant under this provision on Tenant's failure or refusal to do so shall not constitute a waiver any right or remedy for Tenant's default, and Tenant shall promptly reimburse, defend and indemnify Landlord against all liability, loss, cost and expense arising from it. Any casualty or destruction shall not terminate this Lease. (c) Abatement or Reduction of Rent. In case of any damage or destruction, there shall be no abatement or reduction of rent or other charges. (d) Extraordinary Damage or Destruction; Tenant's Right to Terminate. If at any time during the Term more than 50% of the floor area of the improvements comprising the Premises is destroyed, or, if during the last 2 Lease Years of the Term 25 % of the floor space of the improvements comprising the Premises is destroyed, then Tenant shall have the option of repairing and reconstructing the Premises or of terminating this Lease. If Tenant elects to repair and reconstruct, Tenant shall promptly do so in accordance with the terms of this Lease. To exercise its right of termination, Tenant must comply with all of the following conditions: -18- 980513 3at F043-1.jar Temecula Gardens -- Ground Lease (i) Give Landlord notice of termination within 30 days after the damage or destruction, specifying the date of termination which shall be not less than 60 days nor more than 120 days after the date such notice of termination is given; (ii) Prior to the termination date, cure any defaults on Tenant's part under this Lease; (iii) Continue to make all payments when due as required by the provisions of this Lease until the date of termination; (iv) Prior to the termination date, pay in full any outstanding indebtedness incurred by Tenant and secured by an encumbrance or encumbrances on the leasehold, or alternatively, deliver to Landlord the written consent of the holders of all such encumbrances to the early termination of this Lease and extinguishment of their liens; (v) On or before the termination date, deliver possession of the Premises to Landlord, quitclaim all right, title and interest in the Premises to Landlord and cease to do business on the Premises; (vi) Prior to the termination date, cause to be discharged all liens and encumbrances resulting from any act or omission of Tenant; (vii) Prior to the termination date, effectively relinquish, assign, and deliver to Landlord all insurance proceeds resulting from the casualty, less the amounts required to pay in full the Loan. (e) Insurance Proceeds. If Tenant is obligated or elects to restore the Premises pursuant to this Section, the proceeds of any insurance maintained under this Lease shall be made available to Tenant by Landlord for payment of costs and expenses of repair. If the insurance proceeds are insufficient to cover the cost of repair, then any amounts required over the amount of the insurance proceeds received that are required to complete said repair shall be paid by Tenant. Tenant shall deposit with Landlord (or the Mortgagee) the deficiency prior to expending any insurance proceeds. 15. Insurance and Indemnity. (a) l.iability Insurance. (i) Tenant shall procure at its sole cost and expense, and keep in effect from the Commencement Date of this Lease and at all times until the end of the Term, Commercial General Liability Insurance applying to the use and occupancy of the Premises, or any part thereof, and the business operated by Tenant, its sublessees, licensees, employees, agents, or any other occupant, on the Premises. Such insurance shall include Blanket Contractual Liability coverage. Such coverage shall have a minimum combined single limit of liability of at least Three Million -19- 980513 ]ar F043-1.jar Temecula Gardens -- Ground Lease Dollars ($3,000,000). All such policies shall be written to apply to all bodily injury, property damage, personal injury and other covered loss, however occasioned, occurring during the policy term, shall be endorsed to add Landlord and the City of Temecula and their members, officers, employees and agents as additional insureds, and to provide that such coverage shall be primary and that any insurance maintained by Landlord shall be excess insurance only. Such coverage shall be endorsed to waive the insurer's rights of subrogation against Landlord. (ii) The Commercial General Liability insurance shall be in force the first day of the Term of this Lease. (iii) Tenant shall also maintain Workers' Compensation insurance in accordance with California law, and an employer's liability insurance endorsement with customary limits. Any policy shall be endorsed with a waiver of subrogation clause for Landlord and the City and their members, officers, employees, and agems. (iv) All insurance described in this Section shall be endorsed to provide Landlord with 30 days' advance notice of cancellation or change in its terms. (v) If at any time during the term the amount or coverage of insurance which Tenant is required to carry under this Section is, in Landlord's reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or lessees of properties located in Riverside County, California, which are comparable to other properties as the Premises, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under this Section. Such requirements shall be designed to assure protection from and against the kind and extent of risks which exist at the time a change in insurance is required. (vi) Landlord shall notify Tenant in writing of changes in insurance requirements and, if Tenant does not deposit certificates evidencing acceptable insurance policies with Landlord incorporating such changes within sixty (60) calendar days of receipt of such notice, this Tenant shall be in default under this Lease without the requirement of further notice to Tenant, and Landlord shall be entitled to exercise all legal remedies. (vii) If Tenant fails or refuses to maintain insurance as required hereunder, or fails to provide the proof of insurance, Landlord shall have the right to declare this Lease in default without further notice to Tenant, and Landlord shall be entitled to exercise all legal remedies for breach of this Lease. (viii) The procuring of such required policies of insurance shall not be construed to limit Tenant's liability hereunder, nor to fulfill the indemnification provisions and requirements of this Lease. Notwithstanding said insurance policies, Tenant shall be obligated for the full and total amount of any damage, injury, or loss caused by negligence or neglect connected with this Lease or with the use or occupancy of the Premises. -20 - 980513 jar F043-1.jar Temecula Gardens -- Ground Lease (b) Property Insurance. (i) Tenant shall obtain and keep in force during the term of this Lease a policy of insurance covering loss or damage to the Premises, and all personal property of Tenant, 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 total amount required by lenders having liens on the Premises, against all perils included within the classification of fire, extended coverage, builder's risk, vandalism, malicious mischief ("all risk," as that term is used in the insurance industry). Tenant shall, in addition, obtain and keep in force during the term of this Lease a policy of rental value insurance covering a period of one year, with loss payable to Landlord and the Mortgagee, as their interests may appear, which insurance shall also cover one year's estimated Percentage Rent, all real estate taxes, and all insurance costs for said period. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $10,000 per occurrence, and Tenant shall be liable for such deductible amount. (ii) In addition to the foregoing, Tenant shall insure its furniture, fixtures, and equipment in their full replacement value. (iii) Not less often than every three and one-half (3-1/2) years during the term of this Lease, Tenant and Landlord shall agree in writing on the full replacement cost of the Premises and all improvements thereon. If, in the opinion of Landlord, the amount or type of property damage insurance coverage, or an other amount or type of insurance at that time is not adequate or not provided for herein, Tenant shall either acquire or increase the insurance coverage as required by Landlord. (c) Insurance Policies. (i) If Tenant shall fail to obtain any insurance required hereunder, Landlord may, at its election, obtain such insurance and Tenant shall, as additional rent, reimburse Landlord for the cost thereof plus a ten percent (10%) handling charge, within five (5) days following demand therefor. Insurance required hereunder shall be issued by companies reasonably satisfactory to Landlord. Tenant shall deliver to Landlord copies of policies of such insurance or certificates evidencing the existence and amounts of such insurance with loss payable clauses as required by this Section 15. No such policy shall be cancelable or subject to reduction of coverage or other modifi- cation except after fifteen (15) days' prior written notice to Landlord. Tenant shall, at least thirty (30) days prior to the expiration of such policies, furnish Landlord with renewals or "binders" thereof. Tenant shall not do or permit to be done anything which shall invalidate the insurance policies referred to in this Section 15. If Tenant does or permits to be done anything which shall increase the cost of the insurance policies referred to in Section 15(b), then Tenant shall forthwith upon Landlord's demand reimburse Landlord for any additional premiums attributable to any act or omission or operation of Tenant causing such increase in the cost of insurance. All policies of insurance shall name Landlord, the City, and, at Landlord's option, any additional parties designated by Landlord, as an additional insured. All insurance required to be provided hereunder is in addition to, and not in lieu of, the indemnity provisions of Sections 15(e) and 15(f) hereof. -21- 980513 jar F043-1.jar Temecula Gardens -- Ground Lease (ii) Tenant shall not use the Premises in any manner, even if the use is for purposes permitted herein, that will result in the cancellation of any insurance which within five (5) calendar days cannot be renewed or replaced. Tenant further agrees not to keep on the Premises or permit to be kept, used, or sold thereon, anything prohibited by any fire or other insurance policy covering the Premises. Tenant shall, at Tenant's sole cost and expense, comply with any and all requirements, in regard to the Premises, of any insurance organization necessary for maintaining fire and extended coverage insurance. (d) Waiver of Subrogation. Tenant and Landlord each hereby release and relieve the other, and the City, and waive their entire right of recovery against the other and the City for loss or damage arising out of or incident to the perils insured against under Section 15(b) which perils occur in, on, or about the Premises, whether due to the negligence of Landlord or Tenant or their agents, employees, contractors and/or invitees. Tenant and Landlord shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease. (e) Indemnity. Tenant shall indemnify, defend, protect, and hold harmless Landlord from and against any and all claims, losses, proceedings, damages, causes of action, liabil- ity, costs and expenses, (including attorneys' fees) arising from or in connection with, or caused by (i) any act, omission or negligence of Tenant or any sublessee of Tenant, or their respective contractors, licensees, invitees, agents, servants or employees, wheresoever the same may occur; (ii) any use of the Premises, or any accident, injury, death or damage to any person or property occurring in, on or about the Premises, or any part thereof, or from the conduct of Tenant's business or from any activity, work or thing done, permined or suffered by Tenant or its sublessees, contractors, employees, or invitees, in or about the Premises or elsewhere (other than arising as a result of Landlord's gross negligence or intentional misconduct); and (iii) any breach or default in the performance of any obligations on Tenant's part to be performed under the terms of this Lease, or arising from any negligence of Tenant, or any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises arising from any cause other than Landlord's gross negligence or intentional acts, and Tenant hereby waives all claims in respect thereof against Landlord. These provisions are in addition to, and not in lieu of, the insurance required to be provided by Sections 15(a) and 15(b) hereof. Landlord further agrees to indemnify, defend, and hold Tenant harmless from any claims, losses or damages that result from any personal injury or property damage occurring on any property owned by Landlord that is adjacent to the Premises that is not leased to Tenant or which is to be maintained by Tenant, unless such personal injury or property damage results from Tenant's negligent or intentional act or omission. (f) Exemption of l.andlord from l.iability. Tenant hereby assumes all risks and liabilities of a landowner in the possession, use or operation of the Premises. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Tenant, Tenant's employees, -22 - 980513 jar F043-1.jar Temecula Gardens -- Ground Lease invitees, customers, contractors, workers, or any other person in or about the Premises, including any liability arising from the physical condition of the Premises or the presence of any hazardous or toxic materials or substances on the Premises, nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or contractors, whether such damage or injury is caused by or results from hazardous or toxic materials or substances, fire, steam, electricity, gas, water, or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury results from conditions arising upon the Premises or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant. These provisions are in addition to, and not in lieu of, the insurance required to be provided by Sections 15(a) and 15(b) hereof. Nothing contained herein shall be construed as excusing Landlord from liability for its gross negligence or intentional misconduct. 16. Condemnation. (a) Definitions. (i) "Condemnation" means (A) the exercise of any governmental power, whether by legal proceedings or otherwise, by a Condemnor and (B) a voluntary sale or transfer by Landlord to any Condemnor, either under threat of condemnation or while legal proceedings for condemnation are pending. (ii) "Date of Taking" means the date the Condemnor has the right to possession of the property being condemned. (iii) "Award" means all compensation, sums, or anything of value awarded, paid, or received on a total or partial condemnation. (iv) "Condemnor" means any public or quasi-public authority, or private corporation or individual, having the power of condemnation. (b) Rights and Obligations Governed by !.ease. If during the term there is any taking of all or any part of the Premises or any interest in this Lease by Condemnation, the rights and obligations of the parties shall be determined pursuant to this Section. Each party waives the provisions of California Code of Civil Procedure Section 1265.130 allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the Premises. (c) Total Taking. If the Premises are totally taken by Condemnation, this Lease shall terminate on the Date of Taking. (d) Partial Taking. If any portion less than all of the Premises is taken by Condemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the portion of the Premises not so taken cannot be so repaired or reconstructed, taking into consideration the amount of the award available for repair, so as to be suitable for Tenant's continued -23 - 980513 jar F043-1.jar Temecula Gardens -- Ground Lease use of the Premises for the same use as the Premises 'are being used immediately prior to the taking and the remaining premises would not be economically feasibly usable by Tenant. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within 90 days after the nature and the extent of the taking have been finally determined. If Tenant elects to terminate this Lease, Tenant also shall notify Landlord of the date of termination, which date shall not be later than 180 days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If Tenant does not termMate this Lease within the ninety-day period, this Lease shall continue in full force and effect without any modification in rent payable hereunder. (e) No Effect on Rent. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, there shall be no effect on the Base Rent, Percentage Rent, or other rent payable hereunder. (f) Restoration of Premises. If there is a partial taking of the Premises and this Lease remains in full force and effect and pursuant to Section 16(d), Tenant shall accomplish all necessary restoration. (g) Temporary Taking. On any taking of the temporary use of all or any part or parts of the Premises for a period, or of any estate less than a fee, ending on or before the expiration date of the Term, neither the term nor the rent shall be reduced or affected in any way, and Tenant shall be entitled to any Award for the use or estate taken. If a result of the taking is to necessitate expenditures for changes, repairs, alterations, modifications, or reconstruction of the improvements, the Award shall be paid to Tenant, and Tenant shall accomplish all necessary changes, repairs, alterations, modifications, or reconstruction of the improvements. At the completion of the work and the discharge of the Premises from all liens and claims, Tenant shall be entitled to any surplus and shall be liable for any deficit. If any such taking is for a period extending beyond the expiration date of the Term, the taking shall be treated under the foregoing provisions for total and partial takings, depending upon whether the temporary taking is of all or only a part of the Premises. (h) Application of Award. No award for any partial or entire taking shall be apportioned, and Tenant hereby assigns to Landlord any award which may be made in such taking or condemnation, together with any and all rights of Tenant now or hereafter arising in or to the same or any part thereof; provided, however, that nothing contained herein shall be deemed to give Landlord any interest in or require Tenant to assign to Landlord any award made to Tenant for the loss of goodwill and relocation expenses recoverable against the condenming authority, or in the event of a partial taking, the cost of restoring the Premises to a usable condition. 17. Assignment, Subletting and Encumbering. (a) Except as provided in Section 17(d) hereof to the contrary, Tenant shall not voluntarily assign or encumber its interest in this Lease, in the Site, or in the Premises, or sublease substantially all or any part of the Site or the Premises, or allow any other person or entity -24 - 980513 jar F043-1.jar Temecula Gardens -- Ground Lease (except Tenant's authorized representatives) to occupy or use all or any part of the Premises. For the purposes hereof, an "encumbrance" shall mean mortgage, deed of trust, pledge, hypothecation, collateral assignment, land sale contract, sale and lease-back, lease or other financing device. Assignment, subleasing or encumbering the Premises is absolutely prohibited. Any attempted assignment, encumbrance, or sublease shall be voidable and, at Landlord's election, shall constitute a default hereunder. No consent to any assignment, encumbrance, or sublease shall constitute a further waiver of the provisions of this section. (b) If Tenant is a corporation or a limited liability company, then any dissolution, merger, consolidation, or other reorganization of Tenant, or the sale or other transfer of a controlling percentage of the capital stock of Tenant shall be deemed a voluntary assignment hereof. The phrase "controlling percentage" means the ownership of, or the right to vote, stock possessing 25 % or more of the total combined voting power of all classes of Tenant's capital stock issued, outstanding, and entitled to vote for the election of directors. This paragraph shall not apply if the stock of Tenant is publicly traded through an exchange or over the counter. (c) Notwithstanding the foregoing, an assignment of this Lease by means of foreclosure of the deed of trust securing the Agency Loan, or a deed in lieu of foreclosure, and the acquisition by the beneficiary thereof or a purchaser at foreclosure from such beneficiary, shall not be deemed an assignment of this Lease; provided, however, the net proceeds of the sale or assignment hereof in excess of all amounts due to such beneficiary by law shall be assigned to and delivered to Landlord. (d) Tenant shall have the right to sublet the Premises or any portion thereof, for occupancy leases to Persons or Families of Low or Very Low Income. (i) Each sublease shall contain a provision, satisfactory to Landlord and to each lender having an interest at the time the sublease is executed, requiring the subtenant to attorn to Landlord, or, in the event of any proceeding to foreclose any leasehold encumbrance, to the lender, or any person designated in a notice from such lender, if Tenant defaults under this Lease and if the subtenant is notified by Landlord or the lender of Tenant's default and is instructed to make such subtenant's rental payments to Landlord or the lender or designated parson. (ii) Tenant shall, promptly after execution of each sublease, notify Landlord of the name and mailing address of the subtenant and shall, on demand, permit Landlord to examine and copy the sublease. (iii) Tenant shall not accept, directly or indirectly more than one (1) month's prepaid rent from any subtenant nor a security deposit in excess of two (2) months' rent. (e) Disposition of Proceeds from Sale or Assignment of this l.ease. Tenant hereby assigns to Landlord all Net Loan Proceeds and all Net Sale Proceeds from the sale, encumbrance, or assignment of this Lease or Tenant's interest in the Site or the Premises. If Tenant -25- 980513 jar F043-1.jar Temecula Gardens -- Ground Lease receives any proceeds from the sale or assignment hereof, Tenant shall immediately deliver same to Landlord. (f) Refinancing of Agency l Joan; Encumbrance or Assignment as Security. Notwithstanding any other provision contained in this Lease, Tenant shall have the right to encumber or assign its interest in this Lease by means of a first leasehold encumbrance to any institutional lender or Landlord for the purpose of refinancing the Agency Loan (as defined in the DDA), subject to the following limitations: (i) The principal amount thereof does not exceed the unpaid principal balance of the Agency Loan at the time of the refinancing. rate on the Agency Loan. (ii) The interest rate is a fixed rate and it does not exceed the interest (iii) The monthly payments of principal and interest does not exceed the monthly payments of principal and interest on the Agency Loan. (iv) The loan requires the payment of principal and interest in equal monthly installments through the date that is 28 years after the date hereof. (v) Prior to execution of any such encumbrance (or any amendment, supplement or modification thereto) a true copy of such instrument(s) and the obligation(s) secured thereby be delivered to Landlord for Landlord's review and approval, together with a written notice of the name and mailing address of the Lender. (vi) The encumbrance documents shall, at the option of Landlord, provide that any proceeds from fire or extended coverage insurance shall be used for repair or rebuilding of the improvements and not to repay part of the outstanding obligation to the Lender, so long as the Lender's Lien is adequately secured. (vii) The encumbrance shall contain provisions that all notices of default under the note and deed of trust must be sent to Landlord and Tenant and that Landlord shall have the right to cure any default if Tenant fails to do so. Landlord shall have 60 days in which to cure any default after the time for Tenant to cure it has expired. Neither Landlord's right to cure any default nor any exercise of such a right shall constitute an assumption of liability under the note or deed of trust. If any default is non-curable, it shall not be grounds for foreclosure of the encumbrance if Landlord, or Tenant in possession of the Premises, promptly performs all other provisions of the note and deed of trust. (viii) Upon the recordation of any instrument in connection therewith, Tenant furnishes to Landlord the date and place of recording or filing of record thereof and the recorder's instrument number, book, and page reference or other recorder's index reference. -26- 980513 jar F043-1.jar Temecula Gardens -- Ground Lease (ix) During the existence of a first leasehold encumbrance and following delivery thereof there shall be no cancellation, surrender, acceptance of surrender or modifi- cation of this Lease except by a written instrument executed by Landlord, Tenant and the Lender. (x) No encumbrance shall cover any interest in any real property other than Tenant's leasehold interest in the Premises. No encumbrance shall secure more than one indebtedness, such indebtedness being the refinancing of the Agency Loan. (xi) On termination of this Lease by Landlord on Tenant's default, or on the Lender's acquisition of the leasehold by foreclosure, Landlord shall enter into a new lease with the Lender covering the Premises covered by the terminated or foreclosed lease if the Lender (a) gives notice of request within 30 days after termination or foreclosure (b) pays all costs resulting from default and termination, and (c) remedies all defaults construed as though the Lease had not been terminated. The new lease shall be for the remainder of the Term of the terminated or foreclosed lease, effective at the date of termination or foreclosure, at the rent and on the covenants agreements, conditions, provisions, restrictions, and limitations contained in the terminated or foreclosed lease. (xii) Except as expressly provided herein, nothing contained in the first leasehold encumbrance shall be deemed or construed to relieve Tenant from the full and faithful observance and performance of its covenants herein contained, or from any liability for the nonobservance or nonperformance thereof, or to constitute a waiver of any rights of Landlord hereunder, or to require or provide for the subordination to the lien of the first leasehold encumbrance of any estate, right, title or interest of Landlord in or to the Site, the Premises, or this Lease. 18. Default. (a) Tenant's Default. The occurrence of any of the following shall constitute a default by Tenant: (i) Failure to pay rent or any other payment required to be made by Tenant hereunder within 5 days of its due date. (ii) Abandonment or surrender of the Premises or the leasehold estate by Tenant. (iii) Failure to perform any other covenant or provision of this Lease, if the failure to perform is not cured within 30 days after written notice. If the failure to perform cannot reasonably be cured within 30 days, Tenant shall not be in default of this Lease if Tenant commences to cure the failure to perform within the 30 day period and thereafter diligently and in good faith prosecutes the cure to completion, and such default is cured within a total of 90 days from the date of the notice. (iv) time period provided therein. Any breach or default of the DDA which is not cured within the -27- jar F043-1.jar Temecula Gardens -- Ground Lease (v) The subjection of any right or interest to attachment, execution, or other levy, or to seizure under legal process, if not released within 30 days after notice from Landlord to Tenant. (vi) An assignment by Tenant for the benefit of creditors or the filing of a voluntary or involuntary petition by or against Tenant under any law for the purpose of adjudi- cating 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 the assignment or proceeding, and all consequent orders, adjudications, custodies, and supervisions are dismissed, vacated, or otherwise permanently stayed or terminated within 90 days after the assignment, filing, or other initial event. (vii) The appointment of a receiver, unless such receivership is terminated within 90 days after the appointment of the receiver, to take possession of Tenant's interest in the Premises or of Tenant's interest in the leasehold estate or of Tenant's operations on the Premises for any reason, including but not limited to, assignment for benefit of creditors or voluntary or involuntary bankruptcy proceedings, but not including receivership (A) pursuant to the Loan, or (B) instituted by Landlord, the event of default being not the appointment of a receiver at Landlord's instance but the event justifying the receivership. (b) Remedies. (i) C,,mulative Nature of Remedies. If any default by Tenant shall continue uncured, following notice of default as required by this Lease, for the period, if any, applicable to the default under the applicable provision of this Lease, Landlord shall have the remedies described in this subsection (b) in addition to all other rights and remedies provided by law or equity, to which Landlord may resort cumulatively or in the alternative. (ii) Termination. Landlord may at Landlord's election terminate this Lease by giving Tenant notice of termination. In the event Landlord terminates this Lease, Landlord may recover possession of the Premises (which Tenant shall surrender and vacate upon demand) and remove all persons and property therefrom, and Landlord shall be entitled to recover as damages all of the following: (A) The worth at the time of the award of any unpaid rent or other charges which have been earned at the time of termination; (B) The worth at the time of the award of the amount by which the unpaid rent and other charges which would have been earned after termination until the time of the award exceeds the amount of the loss of such rental or other charges that Tenant proves could have been reasonably avoided; (C) The worth at the time of the award of the amount by which the unpaid rent and other charges for the balance of the term after the time of the award exceeds -28 - 980513 jar F043-1.jar Temecula Gardens -- Ground Lease the amount of the loss of such rental and other charges that Tenant proves could have been reasonably avoided; and (D) Any other amount necessary to compensate Landlord for the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom. As used in subsections (A) and (B) above, the "worth at the time of the award" shall be computed by allowing interest at the rate of 12 percent per annum. As used in subsection (C) above, the "worth at the time of the award" shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus two percent. (iii) Continuation of the l ,ease. Even though Tenant has breached this Lease and abandoned the Premises, at Landlord's option this Lease shall continue in effect for so long as Landlord does not terminate Tenant's right to possession, and Landlord may enforce all of its rights and remedies hereunder, including the right to recover rent as it comes due under this Lease, and in such event Landlord will permit Tenant to sublet the Premises or to assign its interest in the Lease, or both, with the consent of Landlord, which consent will not unreasonably be withheld provided the proposed assignee or sublessee is reasonably satisfactory to Landlord as to credit and will occupy the Premises for the same purposes specified herein. For purposes of this subsection, the following shall not constitute a termination of Tenant's right to possession: (i) acts of maintenance or preservation or efforts to relet the Premises; or (ii) the appointment of a receiver under the initiative of Landlord to protect Landlord's interest under this Lease. (iv) Use of Tenant's Personal Property. Landlord may at Landlord's election use Tenant's personal property and trade fixtures located on, about or appurtenant to the Premises or any of such property and fixtures without compensation and without liability for use or damage, or store them for the account and at the cost of Tenant. The election of one remedy for any one item shall not foreclose an election of any other remedy for another item or for the same item at a later time. (v) Assignment of Subrents. Tenant assigns to Landlord all subrents and other sums falling due from unit occupants, subtenants, licensees, and concessionaires (herein collectively called "subtenants") during any period in which Tenant is in default, and Tenant shall not have any right to such sums during that period. Landlord may at Landlord's election reenter the Premises with or without process of law, without terminating this Lease, and either or both collect these sums or bring action for the recovery of the sums directly from such obligors. Landlord shall receive and collect all subrents and proceeds from reletting, applying them: first, to the payment of reasonable expenses (including attorneys' fees or brokers' commissions or both) paid or incurred by or on behalf of Landlord in recovering possession, placing the Premises in good condition, and preparing or altering the Premises for reletting; second, to the reasonable expense of securing new subtenants; third, to the fulfillment of Tenant's covenants to the end of the Term; and fourth, to Landlord's uses and purposes. Tenant shall nevertheless pay to Landlord on the due dates specified in -29- 980513 jar F043-1.jar Temecula Gardens -- Ground Lease this Lease the equivalent of all sums required of Tenant under this Lease, plus Landlord's expenses, less the proceeds of the sums assigned and actually collected under this provision. Notwithstanding the foregoing, this assignment of rents is subordinate to the assignment of rents made by Tenant pursuant to the Agency Loan, and any ref'mancing thereof in accordance with Section 17(e). (c) l.ender's Right to Cure Defaults. (i) Notice of Default. Concurrently with giving notice of default to Tenant under Section 18(a), above, Landlord shall deliver (in accordance with the provisions of Section 22) a copy of such notice of default to the Lender under the Loan at its address as furnished to Landlord in accordance with Section 22. (ii) l.ender's Right to Cure. During the continuance in effect of a Loan, Landlord will not terminate this Lease because of any default on the part of Tenant if the Lender, within ninety (90) days after Landlord has sent a written notice pursuant to Section 18(a): (A) Cures such default, if the such default can be cured by the payment of money, or, if the default is not so curable, commences or causes the trustee under the encumbrance to commence, and thereafter diligently pursue to completion proceedings to foreclose the encumbrance; and (B) Keeps and performs all of the covenants and conditions of this Lease requiring the payment or expenditure of money by Tenant until such time as Tenant's leasehold interest is sold upon foreclosure pursuant to the encumbrance, or transferred by an assignment in lieu of foreclosure. (d) Waiver of Rights. Tenant hereby waives any right of redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 or 1179, or under any other present or future law, in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any default by Tenant hereunder. (e) l.andlord's Default. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within 60 days after written notice by Tenant to Landlord specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord's obligation is such that more than 60 days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such 60 day period and thereafter diligently and in good faith prosecute the cure to completion. 19. Security Agreement (a) As additional security for Tenant's full performance and observance of each and all of the provisions of this Lease, Tenant grants to Landlord a security interest in all personal property located on or about the Premises, including but not limited to work in process, -30- 980513 jar F043-1.jar Temecula Gardens -- Ground Lease building materials, inventory, goods, parts, furniture, leases, stock in trade, furnishings, fixtures, equipment, parts, causes of action, rights to insurance proceeds, appliances, and accounts receivable, together with all additions and accessions thereto, all of which are referred to herein as the "collateral," and all income, rents, and profits that may accrue from such collateral. Tenant shall execute and deliver to Landlord a security agreement consistent herewith and a UCC-1 financing statement suitable for filing under the Commercial Code covering Tenant's interest in each item of property constituting the collateral. Tenant warrants and represents to Landlord that Tenant is, or at the time the property is to become collateral will be, the absolute owner of, and has or at the time it is to become collateral will have, good and clear title to and unrestricted right to convey the collateral, free of any liens, encumbrances or other charges or claims for any other person, firm or corporation, subject to Landlord's rights in it under this provision. With respect to collateral not to be manually delivered, Tenant further warrants and agrees that Tenant will not remove it or permit its removal from the Premises without Landlord's prior written consent. (b) If not in default, Tenant shall have the right, at any time and from time to time, to substitute replacement collateral for the purpose of modernizing Tenant's facilities. Any collateral so substituted shall first be subject to Landlord's prior acceptance and approval given in the manner required for giving notices and shall, at the time of substitution, have a market value of at least the cash or other security being replaced. Such approval shall not unreasonably be withheld or delayed. (c) Notwithstanding anything provided above to the contrary, Tenant is expressly permitted to lease or purchase all or any portion of the personal property used in, on or about the Premises and improvements by entering into a lease or providing a purchase money security interest therein either to the seller or to any bona fide lender supplying all or part of the purchase price. Landlord's interest shall be inferior to that of any secured party. At the time of granting such a purchase money security interest, Tenant shall deliver to Landlord a list of the chattels subject to the security interest. Both the note or purchase contract and the security instrument shall expressly provide that there can be no extension of the due date, additions to the balance of the loan, alterations of any provisions in the documents, nor refinancing of the unpaid principal balance. Except for the purchase money security interest permitted above, Tenant shall grant no security interest in or to any chattels in which Landlord is entitled to a security interest under the foregoing provision. At Landlord's election, Landlord may, but is not obligated to, cure any of Tenant's defaults on chattel payment contemplated above. (d) On Tenant's default at any time during the Term, Landlord shall have the remedies of a secured party under the California Uniform Commerclal Code in effect at the date of the exercise of the remedy unless the collateral threatens to decline rapidly in value or is of a type customarily sold on a recognized market. Landlord, as an alternative remedy, may sell or assign the collateral at public or private sale or on any exchange on 15 days' notice to Tenant free from right of redemption. Expenses of selling and preparing for sale including reasonable attorneys' fees and other legal or transfer expenses, shall be included in the amount Landlord is entitled to retain. -31- 980513 jar F043-1.jar Temecula Gardens -- Ground Lease 20. l.andlord's Entry on Premises. Landlord and its authorized representatives shall have the right to enter the Premises at all reasonable times, on 24 hours telephone notice to Tenant (except in the case of emergency, in which case no notice is required) for any of the following purposes: (a) To determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease; (b) To do any necessary maintenance and to make any restoration to the Premises that Landlord has the right to perform; (c) To serve, post, or keep posted any notices required or allowed under the provisions of this Lease; (d) In the last year of the Term, to show the Premises to prospective brokers, agents, buyers, lenders, or persons interested in an exchange, at any time during the Term. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of Landlord's entry on the Premises as provided in this section, except damage resulting from the acts or omissions of Landlord or its authorized representatives. Tenant shall not be entitled to an abatement or reduction of rent if Landlord exercises any rights reserved in this section. Landlord shall conduct its activities on the Premises as allowed in this section in a manner that will cause the least possible inconvenience, annoyance, or disturbance to Tenant. 21. l.andlord's Option to Purchase. From and after the earlier of (i) June 1, 2014, or (ii) the first day of the 16th Lease Year, Landlord shall have an option to purchase Tenant's leasehold interest herein. At such time, the purchase price shall be greater of (A) the principal balance of the loan secured by the first deed of trust encumbering Tenant's leasehold interest herein that is outstanding at the Close of Escrow, or (B) if necessary to prevent the recapture of tax credits and the imposition of tax liability on Tenant's tax credit investor, the minimum purchase price specified in Section 42(i)(7)(B) of the Internal Revenue Code of 1986, and in no event less than the aggregate tax liability incurred by Tenant's tax credit investor from such sale. Landlord shall exercise this option by delivering to Tenant written notice of Landlord's election to exercise the option to purchase. Upon determination of the purchase price, the parties shall open an escrow, and arrange for title insurance to be issued to Landlord. Tenant shall pay for the premium cost of a CLTA Owner's Policy of Title insurance, and one-half of the escrow fees and charges. At Landlord's option, Landlord may take title subject to the Loan, or Landlord may require Tenant to pay off the Loan. Any liens subordinate to the Loan shall be paid by Tenant concurrently with the closing. Escrow shall close within 45 days after the opening thereof, or on the first day on which the Loan may be paid off pursuant to any bond financing terms, if the Bonds (as defined in the DDA) are then outstanding. Tenant shall convey its interest in the Lease by Grant Deed. Such conveyance shall not -32 - 980513 jar F043-1.jar Temecula Gardens -- Ground Lease operate to merge Landlord's and Tenant's interest herein without the express written agreement of Landlord terminating this Lease and the recordation of a termination of the Memorandum of Lease. 22. Notices. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and shall be deemed given as of the time of hand delivery to the addresses set forth below, or three days after deposit into the United States mail, postage prepaid, by registered or certified mail, return receipt requested. Unless notice of a different address has been given in accordance with this Section, all such notices shall be addressed as follows: If to Landlord, to: Redevelopment Agency of the City of Temecula 43200 Business Park Drive Temecula, California 92589 Atto.: Executive Director Tel.: (909) 694-6444 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 Tenant, to: c/o Affirmed Housing Group 200 East Washington Suite 208 Escondido, California 92025 Attn.: James Silverwood Tel.: (760) 738-8401 Fax: (760) 738-8405 With a copy to: Incorvaia & Associates 12626 High Bluff Drive Suite 325 San Diego, California 92130-2073 Attn.: Joel Incorvaia Tel.: (619) 259-2220 Fax: (619) 269-3131 23. Attorneys' Fees. (a) If either party becomes a party to any litigation concerning this Lease or the Premises, by reason of any act or omission of the other party or its authorized representatives, and -33 - 980513 jar F043-1.jar Temecula Gardens -- Ground Lease 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 REGULATORY AGREEMENT THIS REGULATORY AGRREMENT (this "Agreement"), entered into as of June 1, 1998, by and between TEMECULA HOUSING LIMYrED PARTNERSHIP, a California limited partnership (hereinafter "Owner"), and the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic (hereinafter the "Agency") is made with reference to the following: 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. 1-1988" (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 is the fee owner of 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 May 26, 1998 (the "DDA"), Agency has agreed ground lease the Property to the Owner, and in accordance therewith, Agency and Owner are concurrently entering into that certain Ground Lease dated as of ,1998, for the Property. -1- 980511 j~ FO'Jl.j~r Tcmccul~ Gudcm Rcgulatmy Agrccmmt D. Owner intends to develop and operate on the Property 76 apartment units which shall be leased only to low and very low income households. One-half of the units will have two bedrooms, and one-half of the units will have 3 bedrooms. To 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 June 1, 1998, Agency has agreed to lend Owner the net proceeds of Agency's $5,800,000 Multifamily Housing Revenue Bonds (Temecula Gardens Apartments). Such Loan will be evidenced and secured by a promissory note and deed of trust (the "Promissory Note" and "Deed of Trust") to be executed by Owner in favor of Agency. E. The proposed development of the Property will effectuate the Plan. F. As an inducement to Agency to enter into the DDA and the Ground Lease, Owner has agreed to enter into this Agreement and has consented thereby to be regulated and restricted by Agency as provided herein and in the DDA and the Ground Lease which, inter ~li~, 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. T~rm. 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 50th 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, the Ground Lease, 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 subleases or assignments of the Ground Lease, and encumbrances of the Ground Lease, 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. Co) 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 Ground Lease. Owner further covenants and agrees for itself, and its successors and its -2- 980511 jar FO51.j~r Temecula Oarde~ Regulatory Agreement 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 Ground Lease. 4. Use and Rental of the Property. Owner covenants and agrees for itself, its successors, assignees, and every successor in interest that the comprising the Project (the "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 76 Units, shall be rented exclusively to 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 shall be entitled to occupy the Units. 23 of the 2 bedroom units shall be rented to households whose incomes do not exceed 50% of median income 15 of the 3 bedroom units shall be rented to households whose incomes do not exceed 50% of median income 15 of the 2 bedroom units shall be rented to households whose incomes do not exceed 60% of median income 23 of the 3 bedroom units shall be rented to households whose incomes do not exceed 60% of 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(1>) (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 -3- 980511 jar FO51.jar Temecula Gardc~ Regulatory Agr~nneat 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 ease 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 pursuant to California Health and Safety Code Section 50093, or the most closely related successor thereto. ('fii) "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. 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 this Section 4 are being complied with and to establish and/or -4- 980511 jar F051.jar Temeeula Oardens Regulatot, y Agraararat 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 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 10CO) 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 Ground Lease, the provisions of the Ground Lease shall control. Co) Compliance with Building and Health and Safety Codes. Owner covenants that the Property shall be maintained in substantial 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 forth above pertaining to deeds, leases or contracts. (d) Form of Nondiscrimination and Non-set, re,,ation 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: -5- 980511 jar F051.j~r Temecul~ O~l~ Reg, ul~o~ Agroem~t 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: 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 6Co) 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 -6- 980511 jar F051.jar Temecula Gardens Regularroy Agreement 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 Ground Lease. Owner shall comply with the management and maintenance provisions set forth in the DDA and the Ground Lease (as amended from time to time), including the management plan to be provided pursuant thereto. If the improvements constituting the Project are destroyed or substantially damaged, Owner shall, subject to the provisions of the Ground Lease, 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. (b) Leasing and Occupancy. The leasing and occupancy of the Units shall be in accordance with the management plan approved 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 otherwise 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 fight 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 for occupancy. (c) Pre-Leasing. Owner shall perform all advertising and related pre- leasing work as set forth in the approved management plan. (d) 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. -7- 980511 jar F051.jar Temecula Oardens Regulatory Agreement (e) 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, then Agency shall have the right, in addition to any other remedies of Agency, to require Owner 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 seo_.], the Resource Conservation and .Recovery Act [~RCRA"; 42 U.S.C. Section 6901 et seo_.] and California Health and Safety Code Section Code Section 25280 .el seo_. 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 of the DDA or the Ground Lease. 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 Bonds (including the regulatory agreement entered into with respect to the Bonds and 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. Co) Owner shall submit to Agency annually, on or before June 30 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. -8- 980511 jar FO51.jar Teanecula Oardens Regulato~ AgRamerit (c) Owner shall provide Agency an accounting report showing the rents and periods of time each Unit was rented. The first accounting period for which a report shall be made shall end on the last day of the month in which all of the Units have been initially rented to the first occupants. An accounting shall be made to Agency within 30 days of such date. Thereafter, an annual accounting shall be made within 30-days of the yearly anniversary of the end of the month for which the first accounting report was made. (d) Owner shall maintain a complete and accurate rent ron 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 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 Ground Lease by Owner. (a) Owner shall perform each and every obligation set forth in this Agreement and the DDA and Ground Lease between Owner and Agency respecting the Property. Co) In the event of the violation by Owner of any of the provisions of this Agreement or the DDA or the Ground Lease, 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 14 days after the date such notice is received, or if such violation is a non-monetary obligation that cannot reasonably be cured within such 14 day period, then if Owner fails to commence to cure such violation within said 14 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, Agency may without further notice, declare in writing a default under this Agreement effective on the date of such declaration of default, and upon any such -9- 980~11 jar F051.jar Temeeula Gardens Regulatory Agreement 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 Ground I_ease, 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 Ground Lease, or for such other relief as may be appropriate, including without limitation damages, disgorgement of any amounts of rent which exceed the rents permitted by this Agreement, 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 mail 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 s~_.) 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 rights 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 -10- 980511 jar F051.j~- Te~u~ ~ ReL, ulm~ Agr,~.~t this Agreement, or delegate any of Owner's obligations hereunder, voluntarily or by operation of law, without the prior written approval of Agency. (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 rifles 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 -11- 980511 jar F051.j~r T~n~ul~ Temecula, California 92589-9033 Attention: Executive Director and to: Redevelopment Agency of the City of Temecula 43200 Business Park Drive Temecula, California 92589-9033 Attn.: Executive Director Tel.: (909) 694-6444 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 Affirmed Housing Group 200 East Washington Suite 208 Escondido, California 92025 Attn.: James Silverwood Tel.: (760) 738-8401 Fax: (760) 738-8405 With a copy to: Incorvaia & Associates 12626 High Bluff Drive Suite 325 San Diego, California 92130-2073 Attn.: Joel Incorvaia Tel.: (619) 259-2220 Fax: (619) 269-3131 (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. -12- 980~11 j~r FO51.j~r Temeeula Oarde~ Rogulatory Ageeema~t 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 By: Chairperson TEMECULA GARDENS, L.P., a California limited partnership By: Affirmed Housing Group, General Partner By: President Attest: "Agency" By: Secretary "Owner" Approved as to Form: RICHARDS, WATSON & GERSHON, a professional corporation Agency Counsel By: -13- 980511 jar F051.jar Temecul~ G~'detm Regulatory Agreement EXHIBITS Exhibit A Legal Description jar F0~l.jar Temeeu~ C]~x!~m Regulatory Agn~me~t State of California County of On , 19 , before me, , a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (sea ) State of California } County of } On , 19 , before me, , a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) -1- 980511 jar F051.jar Teanecul~ Oardens Regulatory Agreement RDA DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY FINANCE DIRECTOR/~' CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive Director/Redevelopment Agency Members Marilyn Whisenand, Redevelopment Consultant ~-~ May 26, 1998 Monthly Departmental Report Attached for your information is the monthly report as of April 28, Redevelopment Department. 1998 for the This report covers housing, redevelopment and economic development. HOUSING First Time Homebuyers Program Eighteen families have been funded for FY 97-98. Residential Improvement Programs Since the program started, twenty one projects have been completed and 16 are in process. The majority of these projects are roof repairs, repainting and fence replacement. Temecula O.N.E. Crime Free Multi-Housing Program certificates have been awarded to Rancho West, Vintage View, Morning Ridge and Summer Breeze Apartments. Currently, we are working with the Alcohol Beverage Control on a juvenile decoy- buy program to enhance Operation ERACIT. We are planning and preparing the P.O.P. Team and the Temecula Sheriff Reserves for Summer Nights, as well as the Western Days and Frontier Days events. We are currently continuing with the TAG Program. We now have fourteen trained resident volunteers for the P.O.P. Team. North Pujol Redevelopment Project The Affirmed Housing Group of Escondido is finalizing the financing plan which includes Mortgage Revenue Bonds and Tax Credits. The Agency will consider a Development and Disposition Agreement on May 26, 1998. Plans have been submitted for Development Plan approval. The proposed project will rehabilitate the existing 38 apartment units and develop 18 new units on the vacant acre of land. In addition, Affirmed is negotiating with an adjacent property owner to enlarge the project. The additional property would yield 20 more units. A formal agreement will be brought back to the Agency next month OLD TOWN Old Town Streetscape Improvement Projects The project is currently out to bid. Bid opening has been scheduled for May 21, 1998. Bids are anticipated to be awarded in mid June and construction to begin early July. Facade Improvement Non-Conforming Sign Program The following facade improvement projects are underway: · Temecula Creek Plaza (southwest corner of Sixth and Front) -paint and minor repairs · Long Branch Antiques (Formerly NAPA Auto Parts) - facade renovation The following facade improvement project is completed: · The Bank Restaurant - paint The following facade improvement applications are being processed: · Second Street Automotive - complete facade renovation · Rancor Building - repaint trim Staff has also met with several other interested property and business owners. Old Town Temecula Market Study · Keyser Marston Associates of San Diego has submitted a draft of the market study for staff review. Upon completion of this review KMA will make the changes and a presentation will be made to the Council in June. Old Town Promotion The Frontier Days Dance and "Taste of Old Town" will kick off the Old Town's Summer Nights program. On Friday, May 22nd at 6:00 p.m. the event will feature entertainment from the Frontier Days rodeo. Attendees will have a chance to sample Old Town restaurant's food at reasonable prices. The event which will be located at the Temecula Stage Stop and is being coordinated with the Temecula Town Association. Entertainment and venues planned for the Frontier Days weekend in Old Town will include the Pioneer Living Experience, a traveling "hands-on" museum with historical displays featuring the pioneer era. Western music, medicine show, gun fight performances, carriage and stagecoach rides are also included in this family event. Merchants and restaurants are encouraged to stay open until 9:00 p.m. on Saturday evening beginning May 23 - August 29. Traditionally Old Town Summer Nights were held on Friday evenings. To accommodate Old Town's construction schedule Summer Nights will be held on Saturday evenings. A survey was also distributed to merchants and the consensus showed that they preferred holding Summer Nights on Saturday evenings as well. Some merchants have indicated that they will stay open both Friday & Saturday nights. City/Old 'Town Communication An Old Town Temecula Merchant's Meeting was held on May 4th at the Temecula Community Center to discuss upcoming promotions for Old Town. Approximately 20 merchants attended and the City received feedback from them. Some of the ideas will be incorporated into the promotional program. An Old Town Restaurant Owner's Meeting was held on May 6th at City Hall to coordinate the Frontier Day's Dance and "Taste of Old Town" event with the Temecula Town Association. City staff, restaurants, the Temecula Stage Stop, and the TTA met and planned the event. Bi-weekly newsletters produced by the City are distributed to each merchant in Old Town as well as sent to property owners to update them on various meetings, promotions and advertising pertaining to Old Town. ECONOMIC DEVELOPMENT Final finishes on Temecula's corporate brochure are being made. The brochure will be ready to distribute in June. Brochures will be distributed at trade shows and to prospective businesses looking to expand or relocate. R:\WOLNICKG\STAFFI.WPD 5/18/98 gjw Publicity Articles on the Temecula area as well as the Temeku Hills development appeared in The LA Times in April (see attached). Advertising was placed by Temeku Hills and the Balloon & Wine Festival (see attached). Leads and Inquiries In the month of April, we responded to 4 leads and 7 inquiries. Business Relocation Long Machine Shop is a business relocating from Riverside to Temecula. The 14,367 sq. ft. industrial building will be located on a 1.32 acre site at 27450 Colt Court. The project was approved by the Planning Commission earlier this month. Ooen House Four-Sher Development Company held an Open House on May 13 for their 225,000 sq. ft. Temecula Heights Corporate Center. A luncheon and tours were provided. Fast Track Appleton Electronics closed escrow on April 14 on property in the Westside Business Center and will be utilizing the City's Fast Track Program. The Bostik building will consist of 140,000 sq. ft.; Phase I - 45,625 sq.ft.; Phase II - 94,375 sq. ft. They are planning to open July 1998. Western Telecom, located at the corner of Winchester & Zevo Drive, is a 16,000 sq. ft. building. Four-Sher's 226,000 sq. ft. industrial office building is currently under construction. Completion date is slated for early summer '98. Speculative Building Approximately 300,000 sq. ft. of speculative industrial space are in various stages of development in Temecula. Four-Sher Development is developing two speculative buildings which are planned to serve either manufacturing, distribution or assembly business users. One development includes a 38,300 sq. ft. industrial building and the second encompasses 28,700 sq. ft. both located on Business Park Drive within the Rancho California Business Park. Utilizing the City's Fast Track program, SPT Holdings currently has two 46,000 sq. ft. speculative buildings under construction in the Winchester Highlands Business Park. The developments are designed for an industrial/warehouse or office user. R:XWOLNICKG\STAFFI.WPD 5/18/98 gjw San Diego-based CW Assets have currently constructed five light industrial buildings using the Fast Track program. The buildings range in size from 9,490 sq. ft. up to 11,492 sq. ft. and are located in the Winchester Business Center. TOURISM Publicity Temecula continues to receive free publicity as the marketing committee continues to work with travel writers. Arrangements for a weekend stay were made for LA Times writer Susan Jaques. Embassy Suites, Baily's Wine Country Cafe, Temecula Creek Inn provided complementary lodging, meals and wine tasting during her stay in Temecula on April 17 - 19. Her article on Temecula appeared in the LA Times on April 30, 1998 (see attached). As a result of Temecula's tourism newsletter, numerous travel writers have written and published articles on Temecula. Travel writer Margie Feldman contacted the City last May and visited the area. Her article appeared this month in Phoenix Home & Garden magazine (see attached). A couple from Phoenix saw this article and contacted the Chamber of Commerce requesting more information for the Balloon & Wine Festival. Also, Audrey Hicks, an Old Town merchant, reported that a couple was vacationing at a resort and saw the article on Temecula in this publication. They came to visit Temecula and while they were in Old Town purchased a bedroom set from her. The Chamber of Commerce was contacted by Channel 2 a few weeks ago. Lori Kaye previously aired a tourism segment on Temecula. Last weekend Lori Kaye mentioned Temecula in another one of her segments. The above publicity was received free of advertising charges. Monthly calendar of events and press releases continue to go out to the media. Attachments: Magazine & Newspaper Clippings Temecula Valley Chamber of Commerce Report Temecula Valley Economic Development Corp. Report Temecula Valley Film Council Report R:\WOLNICKG\STAFFI.WPD 5/18/98 gjw CHAND£~! THE MAGAZINE OF SOUTHWEST Ll"i' , ~ · ' ': ' ':.. : ':"" : ; ~'~"~:i'.~. - ~"~ : "~' ~ .: ~' .; ~ .. ,.,,. '~ ~ :7 ........ :.::.. ::' ~ ' =- ,, ~.~_ : ..... - . ,~ ~~ .... ;.:.~: .-. . :, ~ ~ S ~ .,~;~ , :.. , -, ~=." : ~' 74470 63104 "~ )r P h le, RAVE LE R Right: Visitors to the Maurice Car'rio winery can picnic on its grounds and shop its weekly farmers' market. Center: With more than 300 antiques dealers, 018 Town Temecula is a haven for treasure seekers. Belnw: A good climate and proper soil make Temecula on excefien! place f~r growing premium grapes. Toasting TEMECULA At'i~on.n.~ suc'm to have a Jove-hate relation- ship with Southern Calf for nia. [11 the winter. it seen]s, there are too many people, /00 really cars. T}lCll summer. That's when heat- weary "Zonics" head for San 1)icao by the thousnnds to throw thclnseh'cs like lemmm~s into the sea. If you're joininh the iltla] exodus this sunl~ller, here's an idea for a day trip from San l)ieho. Ifs an area of Southern California you've prol)ably never heard of~Ten]eeula. It's A vine place to visit TEXT AND PHOTOGRAPHY BY MARGIE MS:LDMAN rural and lovely, and the small-town atulosphcre has plenty to offer. Once you discover this delightful hid- den valley. you'll want to stay alld play. l,oeatcd 70 miles south- west of Palm 8prin~s and 40 miles northeast of San l)ie~o, the Temeoula valley offers a bucolic landscape not usually associated with Southern Califi)ruia. Its Iow- lyin~ mou~ltain rml~es are the baekdrol, for rollin~ green hills and fertile valleys, which are dotted with eftres alld avocado groves, Ville- yards and horse muches. When my sister told me she bought a hotme with an avocado hrovc i~l Tcmecula. I was incredulous. Until 1 saw the place, I had envi- sioned her in a remakc of "Green Acres." ()ver the past five )'ears, we've visit- cd oftcu. l've learned to appreciate the area as ]lav- in~ all the best that the (;olden West offers: a~ree- able climate, lush vegetation and pastoral scenery. It's Southern Calilbrnia without the crowds. the crime or the exasperatin~ traffic jams. _~, '~.~" RANCHO TEMECULA Temecula's histors.' mirrors that of so many other Old West communi- ties. Until the coming of the white man, the hillsides were home to the Temeeula Indians. Then, in the 18th century, Spanish missionaries arrived and the area became part of the far-flung empire of New Spain. When Mexico won its independence from Spain it took control of Califor- nia, In the 1840s, in an effort to hold onto California, Mexico began making land grants to individuals. Rancho Temecula was granted to Felix Valdez. Some of the aura of the romantic era of rancheros and vaqueros still can be felt in historic Old Town Temecula, where tales of desperados and stagecoach robberies are too colorful to fade. With its Frontier-era storefronts and rustic wooden board~valks, the setting exudes old-fashioned charm. There are more than 300 antiques dealers in Old Town, making it a mag- net for treasure hunters. Ilistory buffs will want to visit the newly enlarged Temecula Valley Museum, due to open this summer in Sam Hicks Park. And there are plenty of other shops and restaurants to explore. Mv favorite time to visit is on Saturday mornings when Old Town Temecula holds its weekly open-air Farmers' Market, offering farm- fresh produce, much of it organically grown. The market also has live entertainment, booths with fresh flowers, arts and crafts, hone)', baked goods, nuts and more. Open Saturdays from 8 a.m. to noon, the market is located at Third and Front streets. WINE, WINE, WINE This inland community may not have a beach, but it compensates nice- ly with something just as alluring-- wine. True aficionados discovered the area years ago. But for those who only occasionally enjoy the chance to wor- ship at the altar of Bacchus, it's Cali- fornia's least-known wine region. Temecula is an Indian word meaning "sun shining through the mist." Winemakers came to realize that this translated into good grape- growing land. A combination of favor- able climate and well-drained granite soil creates the perfect conditions for Temeeula's 13 wineries to grow pre- mium vintage grapes for the award- winning wine produced here. Winemaking in the area has a his- to~, dating back to the establishment of the missions and colonial Spanish settlements. Local wineries are proud of this historic old-world tradition. Today, wine-tasting is big busi- ness for Temecula. All the wineries have tasting rooms, and many have picnic areas, delis or restaurants. Special events are scheduled throughout the year. These combine tastings, festive foods and a chance to meet the vintners, owners and staff. Safety-conscious wine-tasters either can appoint a designated driver or hire a limo. In all the California wine regions, from Napa to Temecula, this is the latest trend. Chauffeur- driven wine tours have become the way to spend an enjoyable day tast- ing wines. One company even offers bicycle tours of the wineries. Another option is a visit to Temecula Valley Beer & Ale Works, a family-owned-and-operated brewery well-known for its Papa's Fine Ale and fine handcrafted products. The tasting room is open weekends from 11 a.m. to 5 p.m. The brewery. is lo- Setting the Standard for Sonoran Desert Living Nestled into the majestic foothills of the McDowell Mountains, McDowell Mountain Ranch has set the standard for Sonoran desert living. Views of indescribable beauty, thoughOtul development and award-winning amenities are the hallmark of McDowell Mountain Ranch quality. The use of natural materials along with preservation of the natural desert environ- ment ensures that the views will remain throughout the years. Come and see it for yourself cared at 43122 Via Dos Picos. Call (909) 693-0222 for details. Fans of open-air farmers' mar- kets will want to time their wine- tasting to coincide with the Wine Country Certified Farmers Market, held each Wednesday on the beauti- ful grounds of the Maurice Car'rie Winery. Besides enjoying the fresh fruits and vegetables, shoppers can browse the offerings of local crafters for unique gift items. The market is held each Wednesday from 2 to 6 p.m. Admission is free. For informa- tion, call (760) 728-7343. Also popular are Friday after- noons at Thornton Winery. During happy hour, wine-tasters congregate to sample the best of the chef's spe- cialties at great prices. When considering Temecula, don't just think about summer for wine-tasting, think fall harvest, too. In wineries worldwide, special events surround this special time of year. Temecula celebrates each September with a harvest festival. In November each winery offers new and nouveau tasting. March is the time for barrel tasting. But you can be sure to find a special food- and-wine event just about any time of year. THE WINERIES Chardonnay, champagne and ehenin blanc are a few of the refresh- ing white varietals waiting to be sam- pled at Temecula wineries. The re- gion's prized cabernet sauvignons and full-bodied merlots make many devotees cry, "Reds rule!" Some claim that wines taste best in the vineyards where their grapes were grown. It's a theory worth testing. You'll find vintners in French chateaux and Spanish haciendas offering winery. tours, wine-tastings or the perfect place for a picnic. Some are spectacu- lar scenic settings for weddings, holi- day parties and family celebrations. The following Temecula wineries feature award-winning wines for tasting. In general, hours are 10 a.m. to 5 p.m. Most wineries have gift shops and scenic picnic areas. Some have gourmet delis. The wineries all are located in dose proximity to each other, making it convenient for winery-hopping. Baily Winery, 33833 Rancho California Rd., (909) 676-WINE. Callaway Winery, 32720 Rancho California Rd., (909) 676-4001; (800) 472-2377, Ext. 206. Tours, picnic area, gift items; 83 tasting fee includes logo wineglass. "Wine 101," a crash course from experts on how to match the appropriate wine with food, will be offered June 17 and 18 from 6:30 to 8:30 p.m.; $35 a person. During the summer, special wine~, events feature music, art--even cigars--with gourmet dinners and wines. Cilurzo Vineyard and Winery, 41220 Calle Contento at Rancho Cali- fornia Rd., (909) 676-5250. Daily tast- ing; includes a $1 fee refunded with wine purchase. Picnic area on lake. CIos du Muriel, 33410 Rancho California Rd., (909) 676-5400. Eight wines to taste; $5 fee includes wineglass; formerly known as Piconi Winery. Try their voignier. an inter- esting white. Picnic area and music in summer. Filsinger Vineyards & Winery, 39050 De Portola Rd., (909) 676- 4594; $1 tasting fee. Saturday and Sunday, 10:30 a.m. to 5 p.m., or by appointment. #ar! Winery, 32500 Rancho Cali- fornia Rd., (909) 676-6300. Open Superior Builders Cachet Homes Camelot Homes Centex Homes Engle Homes Geoffrey H. Edmunds Greystone Homes Kaufman and Broad Presley Homes $bea Homes Trove~s UDC Homes Woodside Homes ...And The Perfect Location On Bell Road, at Ptma, 1/2 mile north of Frank Lloyd Wright Boulevard For more information, please call ~ 602.585. 7600 urww. mcdowellmtnrancb ,~, w · CO m ~ McDOWELL MOUNTAIN R A N C H naturally superior TEMECUIA Continued from previous page After the round, we headed a few miles east toward Temecula's wineries. The Temecula Valley is a relatively new wine region, first planted in 1967. About a dozen vinmers are conveniendy located in close proximity along Rancho California Road. Most of the wineries, including the largest-- Callaway and Thomton---offer daily or weekend tasting and tours. We stopped at Temecula Crest, which we'd heard produces one of the Valley's best Sauvignon Bhnc~. ~ :'. After enjoying the 180-degree views, my husband and I joined some two dozen others at the Insling bar of this Western-style redwood winery. We especially liked a crisp Nebbiolo, a red wine made from an Italian grape from the Piedmont area, and a slightly sweet Cahemet Blanc, similar to a White Zinfandel; which we took home to serve with Mexican fold. Good wine usually goes hand-in- unlikely shopping mall, we discovered wonderful food .at Baily · Wine Country Cafe (27644 Ynez Road). Winemakers Phil and Carol Baily of Temecula C.rest .a~.d ~ Vineyard have teamed up with their two sous to offer California cuisine and a wide selection of local wines. Sharing a bottle of Temecuh Crest Sauvignon Blanc, we feasted on crab cakes and ahi, Chilean sea bass and Mexican-style chicken, and a sinful slice of white chocolate cheesecake for dessert. On Sunday morning, we strolled along Front Street, a six-block-long mecca for antiques collectors. With its authentic rambling wooden buildings, the area retains its Old West atmosphere. Most of the" t . historic buildings have been turned into restaurants and antiques shops. The First National Bank of Temecuh is now The Bank of Mexican Food; The Welty Building, a former saloon and boxing ring, is an antiques store, and The Machados, built in 1892 as a general store and then used as a post office, now houses a mall of antiques dealers. From Front Street, we returned to Rancho California Road and headed · north past acres of vines toward Lake Skinner. Stocked weekly from November through May with bass and trout, this popular fishing hole is also a reservoir that supplies water to San Diego County. Each year, anglers vie for prizes during the August catfish and November trout derbies. In March, more than 500 young anglers got hooked on the sport during the third annual Children's Trout Fishing Derby. Though Lake Skinner is a non- swimming lake, a swimming lagoon opens after Memorial Day. Visitors can also rent boats, lunch at two picnic areas and hike along the five- mile Horseshoe Trail. Free nature programs ar~ offere~d.on weekends !~ Mark Lynn, a naturalistwith the Riverside County Regional Park Dis~ct. We left the snow-.cai~ San Jacinto Mountains arid Lake Skinner and headed to our Final stop: Sunday brunch at the Temecula Creek Inn. There, we sipped champagne and watched the goffers tee off at another popular course. 'The next time we come, we'll have to play here, ~ my husbaml declared between bites ofjalapeno- and-cheese omelet. With six more golf courses calling and many wines left to taste, another visit was already in the works. For a schedule of upcoming wine country jazz and other i oncerts, call the Temecuh Valley Vinmers Assn. at (909) 699-3626. For other information, contact the Temecuh Valley Chamber of Commerce at (909) 676-5090 or www.temecula. org ~!.~ME'~(U ;liLL~ 30L~ CLUB iN TEMECULA ®OLF COURSE ®ETS NEW MANAGE DYe Golf Services Inc., which manages golf courses throughout the world, is now managing Temeku Hills Golf Club, nestled in the rolling hills of the Temecula Valley. Some 1,400 homes are eventually planned at Temeku Hills Golf and Country Club. Two neighborhoods are now being marketed: Ironwood by UDC Homes and McMillin's Fairway Point. Temeku Hills, designed by famed Southern California course designer Ted Robinson, was originally completed in the late 1980s :as an 18-hole, par-72 course. M~Millin Cos. purchased Temeku Hills in 1996 and invested some $24 million in the' development of single-family homes placed around the fairways and greens. The San~.Diego-based home-building organiza- tion, also upgraded the centerp!ece of the 473-acre master-planned community--the golf course and related facilities. McMillin Cos. then hired bye Golf Serv- ices Inc. to bring the course to its full po- tential. Dye Golf Services Inc. is affiliated with Dye Designs International Inc. of Denver, founded in 1984 by Perry O. Dye, the eld- est son of Pete and Alice Dye, well known in golf circles. Together, Pete, Alice, Perry and younger brother P.B. have placed the Dye name on nearly 200 golf courses around the world. The company and its affiliates strive to make their courses environmentally sensi- tive and ecologically corrective. A sampling of the Southwestern courses in the Dye portfolio include Rancho Santa Fe Farms Golf Course, Rancho Santa Fe; Carlton Oaks Country Club, Santee; Cy, press Golf Clubs in Los Alamitos and Orange County; and Desert Pines Golf Course in Las Vegas. See TEMEKU HILLS, Page 2 The Ted ~Sbifi~6~'~'eSi~lfi '~ goff course a~ Temeku Hills Golf Club has been upgraded. LOS ANGELES TIMES TEMEKU HILLS: RESIDENCES BUILT ALONG FAIRWAYS ~tim~l item Pmje I Substantial upgrades at Temeku Hills continue. To date, nearly $1 million has been spent in golf course improvements, including a 7,500-square-foot practice putting green near the first tee and carefully diagnosed and monitored mainte- nance of the greens and fairways. Many more improvements are in the planning stages. In addition to imnr,--" '.he course itself is .... of the new luxut. .~,~ appointed golf shop, which is now open within the extensively renovated 33,000-square-foot California mis- sion-style clubhouse. Soon to open is The Grill Room at Temeku Hills, a glass-enclosed res- taurant with panoramic views of the golf course and coastal mountains. Homes are for sale at. two neigh- borhoods at Temeku Hills Golf and Country Club. Ironwood by UDC Homes is being built along the golf course, with about a fourth of the total 81 home sites fronting the links..Six floor plans offering three or fourbedrooms and two to three baths are available from the $130,000s. The one- and two-story homes have two- or three- car garages. McMillin's Fairway Point inter- twines the greens, affording residents views of the rolling green fairways and beyond to the surrounding boul- der-studded mountains. Five floor plans are available from the $150,000s. The one- and two-story homes have two to five bedrooms and two or three baths. The homes have two- or three-car garages. In addition to the public golf course, Temeku Hills residents have access to a full-scale recreation cen- ter, which will include a free-form pool, a spa, tennis courts, multipur- pose courts for volleyball and basket- ball and a grass area for croquet, lawn bowling, boceie ball, picnics and barbecues. The adjacent clubhouse will even- tually include a billiards and game room, an exercise room, a crafts cen- ter, a media room, a card room, meeting facilities and a 7,500-square-foot multipurpose room with stage for theater produc- tions and social events. The growing population in the Te- mecula Valley has easy accessibility to San Diego, Orange and Riverside counties. Temeku Hills is situated in the heart. of Temecula and is being de- signed and carried out by McMillin Cos., San Diego County's oldest and largest locally based home-building organization. For more information, call (800) 8-TEMEKU (883-6358). To reach Temeku, take Interstate 15 to Rancho California Road and head east and turn left on Tee Drive to the entrance of the community. Lookin9 for past arbcles Quick. Cheap. Easy. 1-800-788-8804 TEMECULA VARIETY OF NEW HOMES AVAILABLE Out-of-town visitors to the Temecula Valley Bal- loon & Wine Festival Friday through next Sun- day may want to combine home shopping with their hot-air ballooning and wine tasting. A variety of new homes are available for sale in Te- mecula. which offers such communities as Centex Homes at Vail Ranch, Country Walk at Chardonnay Hills, ArborWalk in Mumeta and Ironwood bv UDC Homes and Fairway Point in Temeku Hills. Centex Homes at Vail Ranch showcases four floor plans, with homes priced from $164,990. Ihe one- and two-story homes range from 1,871 to 2,562 square feet and feature three to five bedrooms, two to three baths and three-car garages. Ihe Quickline Qualifying helps potential home buy- ers to qualify' for a home loan using a touch-tone phone. The Centex Home sen'ice is available 24 hours a day in English or Spanish. Call (800) 682-9056 and enter the source code #1033. The sales office is open from 10 a.m. to 5 p.m. daily, except Wednesdays, when the hours are 1 to 5 p.m. For more informatiom call Kristen Boano or Marlene Paine at (909) 308-1015. Lennar Homes~ CountD' Walk at Chardonnay Hills features four- to six-bedroom homes priced from the $180,000s. The one- and two-story floor plans. which measure from about 2,28't- to 3,197 square feet, have up to three full baths. Home buyers may personalize their residences with a variety of room options that vary by floor plan. Among them are dens, master retreats, .bonus rooms and super family rooms. Country Walk's Welcome Home Center is open daily from 10 a.m. to 5 p.m. For more information, call (909) 699-0919 or visit the Web site at www.len- narcalifornia.com The first phase of the third edition of 78 homes has been released at Pacific Century Homes' ArborWalk in Murrieta. In the new release there are four floor plans priced from $135,990 to $171,990. Measuring from 1,611 to 2,706 square feet, the homes have three to eight bed- rooms, two to three baths and two-, three- or four-car garages. See TEMECULA, Page 2 SUNDAY, APRIL 19, 1998 TEMECULA: VARIETY OF NEW HOMES AVAILABLE ¢~1i~1 tn~ P~j~ 1 Room options include a super family room, extended master retreat, game room, den or home office or separate guest house. Homes in ArborWalk I1 will be ready for. occupancy in September, while ArborWalk I11 homes will be ready in November. The models and sales information center is open from 10 a.m. to 5 p.m. daily. For more information, call Janet Belovarac or Katie Lackey at (909) 600-0242. Two neighborhoods are being mar- keted at Temeku Hills Golf and Country Club. Ironwood by UDC Homes offers six floor plans featuring three- to four-bedroom homes with two to three baths. Prices begin in the $130,000s. The homes are being built along the golf course.. Fairway Point, which intertwines the greens, offers five floor plans priced from the $150,000s. The one- and two-story homes have two to five bedrooms and two to three baths. For more information on Temeku, calL' (800) 8-TEMEKU (883-6358). Some 1,400 homes are eventually planned at Temeku Hills Golf and Country Club. Temecula hosts a variety of special events, including the Temecula Val- ley Balloon & Wine Festival next weekend. The festival, sponsored by Carnage Motor Co., will take place at the Lake Skinner campgrounds and will fea- ture hot-air balloon launches, wine and gourmet food tasting and enter- tainment. The festivities will begin Friday night with the Balloon Glow at which colorful balloons illuminated against the black sky seem to move in sync with the musicl The show is spon- sored by Paradise Chevrolet. Visitors on Saturday and Sunday can also witness the early morning balloon lai~nches (weather permit- ting) as pilots ignite burners and more than 50 balloons ascend into the skies. A new feature is the Balloon Tent, where ongoing demonstrations will show visitors what it takes to partici- pate in the sport of hot-air balloon- ing. Pilots will be on hand to answer questions and periodic hot-air bal- loon tethering will take place throughout the day. Weather permitting, hot-air bal- loon rides will be available at the fes- tival. Tethered balloon rides will be provided for a nominal fee and un- tethered flights will be a~'ailable for $130 per person. Reservations for balloon flights are recommended due to potential sell-out. To make reser- vations, call the Grape Escape at (800) 965-2122. On Saturday and Sunday after- noon, attendees can visit the wine venue and sample some of the pre- mium wines from 10 of the area's award-winning wineries. Inside the wine-tasting venue, Erharts Custom Catering and Event Production will serve fruit, breads, cheeses, sand- wiches, salads and a variety of other entrees. Microbrewed beer also will be available in the microbrewing tast- ing tent. The Kids' Faire will provide a vari- ety of activities for children, includ- ing a petting zoo, a rock-climbing wall, strolling entertainers, miniature golf and a stage dedicated for chil- dren's entertainment. Handmade items will be available at an arts and crafts fair, while the Commercial Court will feature such items as clothing and home accesso- The Doobie Brothers will headline on the main state Saturday, while BTO will be the headliners on Sun- day. The Doobie Brothers have re- leased 15 albums, including such hits as "Minute by Minute," "Listen to the Music," "Black Water" and "What a Fool Believes.~ BTO is known for such hits as "Taking Care of Business," "You Ain't Seen Nothing Yet," "Let It Ride" and "Four Wheel Drive7 Jazz pianist and keyboard artist Lao Tizer will perform his original compositions on the wine venue stage. Other performers include the blues band Little Kris and the Night Crawlers, guitarist and vocalist Mat- thew Fagen, Tangerine (featuring Ar- thur Kalfus), the Jon Laskin Band and Taryn Donath. - The festival hours are 4 to 9 p.m. Friday, 6 a.m. to 9 p.m. Saturday and 6 a.m. to 5 p.m. Sunday. Friday's Bal- loon Glow is $10 per carload. Regu- lar ticket prices are $15 for adults on Saturday and $13 for adults on Sun- day. Admission for children is $5 per day for those ages 7 to 12. Children 6 and younger are admitted free. For more information, call (909) 676-6713. Weather permitting, hot-air balloon rides will be offered at the Temecula Vol- ley Balloon & Wine Festival next Weekend. Other fealures will be perform- ances by the Doobie Brothers and BTO. Frontier Oa,l Itod o and 01dTo n r.. l bration In conjuction with the FronlJer Days Rodeo being planned by the Temecula Town Association, the City will be planning some events during the day on Saturday, May o3 and Sun- day, May 94. Live entertainment, carriage rides, and a medicene show are just a few of the ideas for this event. We have also contacted a "smoothie" vendor who is planning to attend to serve fruit ddnks, smoothies, and ice cream. This is one idea which came from the mer- chant surveys recently completed and returned to City Hall. Merchants are encour- aged to decorate with a Western theme, dress Western and have fun! If you have any ideas, please see the meeting nolice on this page. l~anne, d Old Town rr~rehants, pro~rty owners ~ I~tor~ ore in~t~ to 4, 1~8 at t~ T~u~ C~i~ C~t~ ~ ~ ~ S~. ~ ~ ~11 ~ ,~ ff~ 8:~9:~ ~ ~~ P~ f~ N~. If ~ have ideas for enter- talnment, shol~ing pro- motions, contests or other venues, please come ar-~t $urve1 1 sults Thanks to all the merchants who tumed in their surveys regarding the Summer Nights Program, Promo- tional Ideas and Construc- tion Incentives. The survey showed that Saturday night was most desirable for the Summer Nights program. This works well with the construction schedule for the Old Town Streetscape Project. June will have a different theme each week then in August the focus will be on Hedtage Days. Foudh of 'ul1 ?arad V estern Da /s Dra s t r je Western Days was great fun! Both Saturday and Sunday people gathered to watch the gunfighters display their talents. An authentic stagecoach gave passengers a dde down Front Street as Stu McKinley, our local magi- cian, entertained people on the steps of Rancon Plaza. Farther down the street, the members of the loth Georgia Volunteer In- fantry tried to enlist locals to their Confederate cause. Young and old alike enjoyed the authen- lic encampment and the confrontations between Yankee and Southerner. Butterfield Square hosted the Valley of the Mist Quil- ters and the Woodcarvers of the Temecula Valley. Planning is underway for ~he best 4th of July Thanks for your re- Parade Old Town has sponse to the survey. ever had! More info There were lots of good ideas and comments. soon! Call Jenni Huter in Manyofthe ideas will be Community Services at incorporated into the 694-6480 if you have promotional programs any questions. This was a great event and would not be possible without the help of all the merchants and entertain- ers involved. A special thank-you to all that pro- vided space, planning and food for some of our entertainers. Questions? Call Gloria Wolnick 694-6418 or Barbara McLean 694-6463 27450 Ynez Road, Suite 104 Temecula, CA 92591 Phone (909) 676-5090 · Fax (909) 694-0201 May 11, 1998 Ronald E. Bradley, City Manager City of Temecula 43200 Business Park Drive Temecula CA 92590 Dear Ron: Attached please find the Monthly Activity Report provided as per our comma with the City of Temecula. This is the month of April at a glance: Business Inquiry Highlights · 18 businesses requested information on starting or relocating their business in Temecula. Committee Highlights · Membership Committee's Chamber Ambassadors attended 10 ribbon cuttings. · Tourism Committee distributed tourist-related information at the Balloon & Wine Festival enticing festival guests to consider Temecula for their next outing or even possibly moving here. · Ways & Means Committee hosted a successful Team Member of the Year Luncheon at Embassy Suites which honored 19 Team Member nominees on April 22. · Local Business Promotions Committee is ready to roll for the June, 1998 Spring Campaign. · Education Committee is working on plans for the 2"d Annual Bring A Book Breakfast to benefit all schools in the district. · Governmental Action Committee and TVCC Board are in support of AB12 and are actively opposing Proposition 224. The committee receives monthly updates on the Multiple Species Habitat Plan as well as reports from local City Officials, Federal Government Officials, and State Government Officials. Tourism Highlights · 610 Visitor's Guides, 850 Old Town Maps, 1,000 Winery Brob, hures, 800 Temecula Brochures and area information distributed at the Balloon and Wine Festival. · 300 Travel Packets to Rancho California G,vmnastics Booster Club for distribution to parents of participants at a spring meet in Temecula. · 200 Temecula Brochures, 200 Winery Brochures and 200 Old Town Walking Tour Maps to House to House Ministries for distribution to parishioners visiting Temecula in May. · 150 Visitor's Guides & 150 Temecula Creek Inn Brochures to Mumeta Day Spa inviting the cast and crew of Melrose Place to Temecula. · 150 Winery Brochures to Outdoor Resort Rancho California for distribution to clients. · 110 Winery Brochures to Pat & Will Ommert's Los Caballos Farm in Temecula for distribution for visitors to the area for a trail ride. · 100 Travel Packets & 100 Visitor's Guides to Temecula Valley Gymnastics for distribution internationally for a meet in March of 1999. · I00 Winery Brochures, 50 Visitor's Guides & 50 Balloon & Wine flyers to Wilderness Lakes for distribution to members at there facility. · 100 Temecula Brochures, 100 Winery Brochures & 25 Visitor's Guides to Century 21 Newsom for distribution to potential new residents. · 25 Visitor's Guides to Katie Petms for overnight guests attending a reception. · 25 Travel Packets, 45 Visitor's Guides, 20 City with a Vision, 20 Temecula Brochures to Temecula Valley Pop Warner Football for distribution to Palomar Presidents Conference. · 40 Travel Packet to Destination Temecula for distribution to the City of North Las Vegas Senior Group visiting Temecula. · 20 City Maps, 20 Winery Brochures, 20 Relocation Packets to Century 21 Cal Oaks for clients relocating to Temecula. · 20 Old Town Maps to Ramrod Senior Park organization that will be visiting Temecula. Activity Report · Overall phone calls are up 29.03 percent from last year. · Overall walk-ins up by 111.90 percent from last year. Also attached are the Meeting Minutes for the Local Business Promotions, Tourism, Education and Governmental Action Committees. If you have any question regarding this information, please contact me at the Chamber. CC' Mayor Ronald H. Roberts Mayor Pro Tem Steven J. Ford Councilman Jeff Comerchero Councilman Karel F. Lindemans Councilman Jeffcry E. Stone Ron Bradley, City Manager Marilyn Whisenand, Redevelopment Consultant Gloria Wolnick, Marketing Coordinator TVCC Board of Directors PHONE CALLS TOURISM TOURISM REFERRALS Calendar of Events Special Events Balloon & Wine (966) Other Events (141) General Information TOTAL TOURISM CALLS RELOCATION DEMOGRAPHICS CHAMBER CHAMBER REFERRALS MISCELLANEOUS TOTAL PHONE CALLS WALK4NS TOURISM CALENDAR OF EVENTS SPECIAL EVENTS GENERAL INFORMATION RELOCATION DEMOGRAPHICS CHAMBER MISCELLANEOUS TOTAL WALK-INS MAILINGS TOURISM RELOCATION DEMOGRAPHICS TOTAL MAILINGS TEMECULA VALLEY CHAMBER OF COMMERCE MONTHLY ACTIVITY REPORT For April, '1998 Chamber Vis. Center This Month This Month Total Year-To-Date 510 113 1,107 1814 44O 2369 784 2,514 163 7O 1,426 7,507 124 11,804 3,308 7,932 761 302 6,175 27,909 413 43,492 191 76 4O 410 151 7O 872 73 1,883 106 3 2O 74 2O3 1,229 449 224 2,582 677 361 3,575 260 9,179 224 134 101 459 958 5O8 481 1,947 GRAND TOTALS PHONE CALLS WALK-INS MAILINGS THIS MONTH 11,804 2,086 459 YEAR-TO-DATE 43,492 9,179 1947 ANNUAL VOLUME COMPARISONS Chamber Apdl, 1997 Chamber April, 1998 Percentage Increase WALK-INS TOURISM 167 297 77.84 * CALENDAR OF EVENTS N/A 79 N/A * SPECIAL EVENTS N/A 40 N/A * GENERAL INFORMATION N/A 484 NIA RELOCATION 153 151 -1.31 * DEMOGRAPHICS N/A 70 N/A CHAMBER 655 872 33.13 * MISCELLANEOUS N/A 73 N/A TOTAL WALK-INS 975 2,066 111.90 MAILINGS TOURISM 164 224 36.59 RELOCATION 104 132 26.92 DEMOGRAPHICS 130 101 -22.31 TOTAL MAILINGS 398 457 14.82 * Categories adjusted in 1998 to more accurately track volume. PHONE CALLS TOURISM Tourism Referrals 762 510 -33.07 Calendar of Events 394 113 -71.32 Special Events 2,321 1107 -52.31 * General Information N/A 784 NIA TOTAL TOURISM CALLS 3,477 2,514 -27.70 RELOCATION 328 163 -50.30 DEMOGRAPHICS 185 70 -62.16 CHAMBER 1,948 1,426 -26.80 CHAMBER REFERRALS 2,958 7,507 N/A MISCELLANEOUS 252 124 N/A TOTAL PHONE CALLS 9,148 11,804 29.03 Economic Development Corporation Temecula gall¢l., 13 May, 1998 Temecula Redevelopment Agency City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 RE: Agency/TVEDC Contract - Activity Summary The following highlights the activities of the TVEDC during the month of April: Business Development: The TVEDC responded to only three IEEP requests during April, and three direct requests from potential clients, aerospace, hospitality, and restaurant -- a number of referrals needed rail, airport and/or other specialized amenities; staff continued its research and follow-up with UCAR and GT Stylings as potential tenants in the Four-Sher speculative building. We responded to over a dozen requests for demographic and information packets for unidentified prospects; TVEDC staff met with a broker and potential purchasers of the RANCON building (27720 Jefferson); staff continues to work on Incubator analysis. Marketing/Outreach: TVEDC distributed follow-up contact letters to 30 contacts acquired at the NEPCON tradeshow; 'I'VEDC worked with community leaders to meet and confer with Dr. Nussbaum, Chancellor of the State Community College system regarding developing a full college campus in the Valley; TVEDC staff assisted in developing the Community Partners Marketing Plan; the Executive Director made a presentation on the incubator concept to the SWRCMC and a general economic development presentation to the Lake Elsinore Economic Development Commission. TVEDC staff attended the CALED Annual Conference in San Diego and the CDA Annual Conference in Pasadena; the Executive Director sat as one of the judges for the CDA Awards of Excellence; TVEDC staff met with Riverside Community College representatives regarding establishing a specialized training curriculum for tool and die/precision metal stamping; the Post Office Box 13148 · Tcmecula, CA 92593-1388 · Office 909/695-'~ 130 · FAX 9¢)9/695-5126 Temecula Redevelopment Agency 13 May, 1998 Page Two Community Outreach Committee directed that an RFP be issued to secure public relations services; newsletter was issued; the annual golf tournament was initiated; continued participation in the One-Stop Center development process, and broker coordination meeting. Business Relations: TVEDC staff and volunteers have visited 38 businesses to date. Staff met with the President of the Outdoor Channel regarding his concern about not being carried by the local cable provider; staff delivered special research materials acquired expressly for ZEVO Golf's desire to install a grass surface that complies with fire code; staff met with the Edison Company's economic development representative regarding developing an audio/visual product for the Southwest County sub-region; staff worked with Dr. Lee Hanson, CSUSB, on outlining a medical related industry clustering strategy; distributed SBA materials per specific request; direct referral to SBDC. Administration/Organization: Initiated Executive Director recruitment process; initiated annual nominations and elections procedures; staff met at length with City of Murrieta officials to welcome and orient new Board representatives; annual planning and budget preparation initiated. This concludes my written summary of activity for the month of April. contact me at 695-5130 if you have questions or need clarification. Thomas A. Eidem Executive Director Please 27700 ,tq,(,~ I~., ,~. May 13, 1998 Mr. Ron Bradley City Manager City of Temecula Re: Temecula Valley Film Council Report Month ending April 1998 FILM COUNCIL ACTIVITIES · The Temecula Valley Film Council welcomes new Board member, Rod Jones, Chief Operating Officer, North County Bank, Home Office, Escondido, CA. Rod is a resident of the Temecula valley and has actively participated in numerous community affairs. · Four days were devoted to auditions for the upcoming TEMECULA VALLEY SHOWCASE scheduled for Saturday, June 6 at the CRC. Under the direction of the ARTS COUNCIL, the TVFC is pleased to produce this event which showcases outstanding local and regional talent. Over two hundred people auditioned for four categories; Dance (includes all ages), Children, Teens and Adults in the Vocal group. Sponsorship development is underway to build the award money coffers. Five of the seven judges have been selected, local technical volunteers have agreed to provide lighting and sound expertise and equipment, and a host of other volunteers have signed up for the remaining support groups. It was very rewarding to hear and see the terrific talent produced just from this valley alone. We're expecting this year's Showcase to be a true "smash hit" under the direction of Chairperson, Maggi Allen. Through the ARTS COUNCIL coordination, two KFRG DJs will host this event along with Temecula's own Patti Drew from the Temecula Valley Playhouse. WINCHESTER HILLS FINANCING AUTHORITY ITEM I MINUTES OF A REGULAR MEETING OF THE TEMECULA WINCHESTER HILLS FINANCING AUTHORITY MAY 12, 1998 A regular meeting of the City of Temecula Winchester Hills Financing Authority was called to order at 8:42 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairman Comerchero presiding. PRESENT: AUTHORITY MEMBERS: Ford, Lindemans, Roberts, Stone, and Comerchero. ABSENT: 0 AUTHORITY MEMBER: None. Also present were Executive Director Bradley, City Attorney Thorson, and Acting City Clerk Jones. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Minutes 1.1 Approve the minutes of April 28, 1998 MOTION: Authority Member Stone moved to approve Consent Calendar Item Nos. 1. The motion was seconded by Authority Member Lindemans and voice vote reflected unanimous approval. EXECUTIVE DIRECTOR'S REPORT None. AUTHORITY MEMBERS' REPORTS A. With regard to the school mitigation fee study completed by Gibbs and Associates, Authority Member Stone commented that the success of this project and its financing may be impacted by the developer's ability to develop this property. Having met with Mr. Gibbs and Mr. Winckel, City Manager Bradley advised that a draft copy of the original study was submitted for review; that he had reviewed it; and that after his review, he would be of the opinion that if the information as reported with regard to available cash balance and the assumptions made by the School District with regard to Minutes.WHFA~051298 1 Temecula Winchester Hills Financina Authority 051 298 student generation fees are correct, as indicated by Mr. Gibbs, the numbers used to derive the prior fees are demonstrably higher than they should be. In light of potential legislative action, Mr. Bradley would estimate that the fee should be $1.92 per square foot for residential properties. Having written to the School District in order to obtain a response to the Gibbs study, Authority Member Stone noted that once a response is received he will share this information with the City Council and suggested that a joint meeting with the City Council and Board of Trustees be scheduled to further address the issue. Advising that he had also met with Mr. Gibbs and Mr. Winckel, Chairman Comerchero echoed a concern with regard to numbers reflected in the Gibbs study and noted that the City Council has a responsibility to readdress this issue. Sharing the concerns noted with regard to the fee, Authority Member Roberts relayed his desire to resolve this issue in an effort to retain Lennar, Inc. ADJOURNMENT At 8:48 P.M., the Temecula Winchester Hills Financing Authority meeting was formally adjourned to Tuesday, May 26, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Jeff Comerchero, Chairman Susan W. Jones, CMC Acting City Clerk/Authority Secretary Minutes.WH FA~051298 2 ITEM 11 APPROVAL CITY ATTORNEY ]' ~ DIRECTOR OF FINANCE,,~'/'~ CITY MANAGER ~'~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thornhill, Community Development Director May 26, 1998 Adoption of a Comprehensive Regulatory Scheme for Signs and Other Advertising Devices and Making Related Changes to the Development Code RECOMMENDATION: That the City Council read by title only and introduce an ordinance entitled: ORDINANCE NO. 98- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING CHAPTER 17.28 OF THE DEVELOPMENT CODE, A COMPREHENSIVE REGULATORY SCHEME FOR SIGNS AND OTHER ADVERTISING DEVICES, AND MAKING RELATED CHANGES TO THE DEVELOPMENT CODE BACKGROUND: The process of revising the Sign Ordinance began in April of 1996 by the City Council appointment of a 12 member Sign Committee. The Sign Committee consisted of representatives from the business community, as well as, residents. After several meetings with the Committee, an Ordinance was drafted by staff based on the input of the Committee. A Community Meeting was held and notices were sent to 1,200 businesses holding business licences in addition to notices in the newspaper. This proposed ordinance and the input from the Community Meeting was presented to Planning Commission on October 21, 1996. In that meeting the Planning Commission continued the ordinance to allow a group (Comment Group) who were opposed to portions of the ordinance to express their concerns to staff. Staff met with this group and the Sign Committee several more times and reached consensus on all issues. In addition, staff held meetings with the Auto Dealers Association, the Apartment Owners Association, and the Chamber of Commerce. The Planning Commission continued this item several times before approving it at their August 18, 1997 meeting with a 5-0 vote. R:\STAFFRFl~SIONORD.CCI 5/18198 klb 1 DISCUSSION The proposed ordinance in many instances is more lenient on the size and number of signs allowed than the existing ordinance. In addition, it sets some guidelines to increase the quality of signage in Temecula. These guidelines were always encouraged by the Comment Group and the Sign Committee. The table provides a summary of the changes the proposed ordinance offers: Comparison of the Existing and Proposed Sign Ordinances Issues Specific Sign Standards for Commercial, Office, and Industrial Zones Prohibited Signs Existing Proposed Standards Standards Page, Section Number in the Proposed Ordinance No Yes Numerous Yes Yes Exempt Signs No Yes Political Signs Yes Yes Yes Yes Real Estate Signs Sign Programs No Yes Page 2, 17.28.040 Page 4, 17.28.050 Page 8, 17.28.050 O Page 10-12, 17.28.060 Page 18, 17.28.080 Comments The proposed ordinance provides different sign standards for buildings in different zoning districts based on their specific needs for signage. This approach adds to the complexity of the ordinance; however, it addresses the unique needs of signage for specific users. The proposed ordinance provides a list of specific signs that are prohibited. The proposed ordinance provides a list of specific signs that are exempt from obtaining a planning permit if they meet certain criteria. These signs are strictly regulated by State Law. The proposed ordinance provides the latest version of these standards. In the proposed ordinance, political signs, like any other sign, are prohibited in the public right-of-way. The proposed ordinance provides for larger signs and provides more standards to reduce the visual impact of these signs. The proposed ordinance provides for flexibility in the ordinance by offering sign programs to tailor make signage needs for specific users. R:\STAFFRPT~SIONORD.CC1 5/18/98 klb 2 Issues Design Standards Freestanding Freeway Oriented Signs Freestanding Center Identification Signs Freestanding Multi-Tenant Identification Existing Proposed Standards Standards No Yes Yes Yes No Yes Yes Yes Page, Section Number in the Proposed Ordinance Page 13-18, 17.28.070 Commercial Page 22-23, 17.28.210 Office Page 32, 17.28.325 Industrial Prohibited Commercial Page 23, 17.28.220 Office Page 32-33, 17.28.330 Industrial Page 34, 17.28.430 Commercial Page 23-24, 17.28.230 A. Office Prohibited Industrial Page 35, 17.28.440 B. Comments The designs guidelines included in the proposed ordinance will result in a better quality of signage. Commercial The proposed ordinance provides for a generous sign area for these signs but only allows freestanding freeway signs for parcels with freeway frontage. The existing ordinance permits these signs that are within 660 feet of the freeway. The maximum height of freeway signs in the proposed ordinance is 30 feet where the existing ordinance is 45 feet and is determined by a flag test. One multi- tenant freeway sign is permitted if the center is larger than 7 acres. Two multi-tenant signs are permitted if the center has more than 1330 feet of freeway frontage. Office In the office district these signs are only permitted for travel oriented businesses such as gas station, hotels, fast food restaurants, etc. The proposed ordinance greatly promotes these signs by allowing a generous number of them (two per each vehicular entrance plus one per intersection) and at the same time requires a high level of design to make the streetscape more attractive. The proposed ordinance provides the same square footage and height for commercial areas as the current policy. The number of signs is based on the lineal frontage of the center which is more equitable than the current ordinance standards. R:\STAFFP. PT~SIONORI).CCI 5118198 klb 3 Issues Freestanding Single Tenant Identification Signs Wall Mounted Business and Building Identification Signs 2 stories or less Wall Mounted Business Identification Signs for Office Buildings 3 or more stories Projecting Signs Existing Proposed Standards Standards Yes Yes Yes Yes No Yes No Yes Page, Section Number in the Proposed Ordinance Commercial Page 24-25, 17.28.230 B. Office Page 33, 17.28.340 Industrial Page 35, 17.28.440 A. Commercial Page 25, 17.28.240 Office Page 33, 17.28.350 Industrial Page 36, 17.28.450 Commercial Page 25-28, 17.28.250 Office Same as Commercial Industrial Same as Commercial Commercial Page 29, 17.28.265 Office Prohibited Industrial Prohibited Comments The proposed ordinance provides a generous area for these signs. The number of signs for centers is based on the frontage of the center just like the multi-tenant signs. The proposed ordinance includes size standards which are widely used in the industry: Commercial One square foot of sign area per lineal foot of building frontage Office One-half (Y2) square foot of sign area per lineal foot of building frontage with a maximum of 50 square feet Industrial One-half (Y2) square foot of sign area per lineal foot of building frontage The maximum number of signs permitted per tenant is limited to four (4)including freestanding signs. The proposed ordinance limits the possible maximum number of tenants to be identified on the building to six (6). The intent of this section is to only permit the identification of the major tenant in buildings. The proposed ordinance encourages alternative types of signs in addition to conventional wall signs. R:\STAFFRP~SIGNORD.CCI 5/18198 klb 4 Issues Under Canopy Signs Existing Proposed Standards Standards No Yes Awning Signs No Yes Directional Signs for Single Parcels Freestanding Directional Signs for Shopping Centers Freestanding Directory Signs for Multi-tenant Commercial & Residential Developments Gas Station Signs No Yes No Yes No Yes No Yes Page, Section Number in the Proposed Ordinance Commercial Page 29-30, 17.28.270 Office Prohibited Industrial Prohibited Commercial Page 30, 17.28.275 Office Prohibited Industrial Prohibited Commercial Page 31, 17.28.280 B. Office Same as Commercial Industrial Same as Commercial Commercial Page 31, 17.28.280 C. Office Same as Commercial Industrial Same as Commercial Commercial Page 30, 17.28.280 A. Office Same as Commercial Industrial Same as Commercial Page 24, 17.28.230 B. 3. and 4. Page 28, 17.28.260 Comments The proposed ordinance encourages alternative types of signs in addition to conventional wall signs. The proposed ordinance encourages alternative types of signs in addition to conventional wall signs. These signs provide direction to vehicles once they are on the site (i.e. drive thru, enter, loading). The proposed ordinance reduces the square footage of these signs; however, provides for more variety of directional and directory signs which are larger (described below) The signs help direct traffic to the desired businesses once they are in the center. The signs help direct pedestrians once they have reached a building or a complex of buildings. They contain the name of the business and suite number. The State Law permits gas stations certain signage to display their prices. The proposed ordinance includes these provisions. In addition, it provides standards for signage that is unique to gas stations such as displaying logos on the canopy. R:\STAFFRPT~SIONORD.CCI 5/18/98 klb ~ Issues Freemancling Theater Signs Freestanding Fast Food Menu Signs Neighborhood and Community Identification Signs Freestanding Subdivision Signs Signs for Institutional Uses Requiring the Maintenance of Signs Existing Proposed Standards Standards No Yes No Yes No Yes No Yes No Yes No Yes Page, Section Number in the Proposed Ordinance Page 24, 17.28.230 B. 3. and 4. Page 29, 17.28.260. B Page 20, 17.28.120 Page 21, 17.28.130 Page 20, 17.28.110 Page 38, 17.28.910 Comments Theaters are considered single users; however, their signage needs are different than just one business. The proposed ordinance provides adequate signage for them. The proposed ordinance provides for standards for these signs. These signs identify neighborhoods and subdivisions in residential districts (Paloma Del Sol, Los Ranchitos, and Acacia Apartments). The proposed ordinance provides for the same size signs but changes the number of signs from two per subdivision to one per street frontage. The proposed ordinance provides for signage standards for institutional uses such as churches and day care centers. The proposed ordinance provides standards for adequate maintenance of signs. R:\STAFFRPT~SIGNORD.CC1 5118/98 klb 6 Issues Non- Conforming Signs Legal Procedures Temporary Business Identification Signs Ambient Air Balloons Kiosk Signs Existing Standards Proposed Standards No Yes No Yes Yes Yes N/A Yes Yes N/A Yes Yes N/A Page, Section Number in the Proposed Ordinance Page 38, 17.28.920 Page 36, 17.28.900 Comments The proposed ordinance provides explanation what can not be done with non-conforming signs (i.e. moved, enlarged, changed, etc.). However, it does not indicate what should be done with them (removed according to an amortized schedule or permit them to remain). It actually defers this decision to after the completion of an inventory of all the signs in the City. The inventory will determine the extent of the non-conformance of the signs in the City. This inventory will commence after the approval of the ordinance by City Council. This issue will be brought back to City Council in the months ahead after the inventory is complete. The proposed ordinance includes provisions for procedures for public nuisance, removal of signs, and abandoned signs Current standards are being retained Current standards are being retained Current standards are being retained Issues Many issues were the center of controversy since the Sign Ordinance revision started about 2 years ago. All of these issues have been resolved through concessions on both sides of the issues. The proposed ordinance is the combination of input from the Sign Committee, the Comment Group, the Planning Commission, staff, and other interested individuals that have expressed their opinions regarding the ordinance. The following provides a list of issues that were greatly discussed: R:\STAFFRPT~SIGNORD.CC1 5118198 idb '7 Enforcement of the Temporary Sign Ordinance Many people including the Planning Commission, Sign Committee, Comment Group, property owners, and residents complained about the lack of enforcement of the existing Temporary Sign Ordinance. The consensus was that lack enforcement greatly degrades from the visual appeal of Temecula. Temporary Sign Ordinance The Planning Commission was greatly concerned about some provisions of this ordinance. They recommended that the City Council direct staff to bring it back to them for major revisions. Their major concerns were window signs and banners. Freestanding Freeway Signs The original proposed ordinance presented to Planning Commission limited freestanding freeway signs to center identification signs along the freeway. The Comment Group was opposed to this restriction and worked with staff and the Planning Commission to include provisions that were acceptable to both sides. Non-Conforming Non-conforming signs were probably the most controversial issue and drew a lot of attention from the business community and the Comment Group. The compromise that all parties agreed on was to defer this issue to after the adoption of the ordinance once completion of an inventory of all signs within the City. This inventory is required by State Law and will determine how many non-conforming signs are in the City. Staff believes that this inventory will give staff and the City Council needed information to determine what policy to adopt regarding non-conforming signs. Free Standing Multi Tenant Signs in Industrial Districts The original proposed ordinance presented to the Planning Commission prohibited multi-tenant signs in industrial district since these businesses did not need to advertise themselves for the passer by. Further, the customers of these businesses usually are looking for something specific and have called to get directions. However, it encouraged promoting the business by the name of their center. In addition, it proposed a directory sign once the customer was on site and out of the public right-of-way. The existing signs in these type buildings are so small that they can not be seen from a car driving 30 miles per hour. The Comment Group proposed a sign that was acceptable to staff and the Commission and included a minimum panel size of 5 inches and minimum letter size of 3 inches to make them more readable. Number of Tenants Identified on Multi-Tenant Signs in Commercial Districts The original proposed ordinance presented to the Planning Commission restricted the number tenants that can be identified on a multi-tenant sign to three. The intent was to make these signs more readable and identify only the major tenants. The business community and the Comment Group maintained that the small businesses needed more exposure that the larger tenants. Therefore, the ordinance should be changed to include an unlimited number of tenants R:\STAFFRPT\SIONORD.CC1 5118198 klb 8 on these signs. Finally, a standard was agreed upon that addressed concerns from both sides. This standard requires a minimum panel size of 10 inches and minimum letter size of 5 inches to make them more readable Uniform Real Estate Signs The Sign Committee proposed a uniform real estate sign design in the Commercial, Office, and Industrial Districts similar to ones on Business Park Drive. According to the Sign Committee these signs were widely used and were mostly permanent in nature. However, the real estate industry opposed the proposal claiming that the uniform signs were too expensive and did not always meet the needs of the real estate industry. Staff and the Planning Commission agreed with the real estate professionals. FISCAL IMPACT: The adoption of the new sign ordinance will be followed by a State mandated inventory of all signs within the City. Community Development Department intends to hire an intern to complete this task. This position has already been budgeted for in the 1998-99 budget. ATTACHMENTS: 2. 3. 4. 5. Ordinance No. 98- - Page 10 Planning Commission Staff Reports - Page 11 Planning Commission Minutes - Page 12 Sign Committee Members - Page 13 Comment Group Members - Page 15 R:\STAFFRPTkSIONORD.CCI 5/18/98 klb 9 ATTACHMENT NO. 1 ORDINANCE NO. 98- R:\STAFFRIY~SIGNORD.CC1 5118198 klb 10 ORDINANCE NO. 98- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING CHAPTER 17.28 OF THE DEVELOPMENT CODE, A COMPREHENSIVE REGULATORY SCHEME FOR SIGNS AND OTHER ADVERTISING DEVICES, AND MAKING RELATED CHANGES TO THE DEVELOPMENT CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 17.28 of the Development Code of the City of Temecula is hereby adopted to read as follows: "Chapter 17.28 SIGN STANDARDS 17.28.010 Purpose and Intent It is the goal of the City that the design of this community be of the highest quality, that new development be architecturally distinctive as well as homogeneous in design, and that accessory facilities be compatible with the overall theme. The quality of signage plays a very distinctive role in achieving this goal. When abused, signs can create a visual blight which detracts from the quality of the environment and an individual's visual perception of the City. The intent of this Chapter is to implement the Temecula General Plan, and to protect the public health, safety and welfare through the design, use of quality materials, construction, illumination, location, number, and maintenance of all signs. The purpose of this Chapter is to set forth the development standards for the installation and maintenance of signs within the City and to ensure that the design and location of outdoor advertising displays are consistent with the health, safety, and aesthetic objectives of the City. The purposes of this Chapter, in addition to those expressed in the General Plan, are as follows: A. Provide for effective business signage; B. Assure that signs are compatible with the character of their surroundings and the community as a whole; Co Preserve and improve the appearance of the City as a place to live, work, trade, do business and visit; P:\NAASEHS\DRAFT23F.ORD 5112/98 klb 1 Do Protect the City from the blighting influence of excessive signage so as to preserve and enhance the economic base of the City and safeguard property values within the City; E. Assure that signs are appropriate to the type of activity to which they pertain; Regulate signs so as to avoid increasing the hazards to motorists and pedestrians caused by distracting signage. 17.28.020 Applicability This Chapter shall apply to all areas of the City, except that the provisions of this Chapter shall apply to the Old Town Specific Plan area only to the extent the specific plan does not address a particular issue signage issue. 17.28.030 Sign Permits A. Sign Permit Required Except as provided in Section 17.28.050 a sign permit is required prior to placing, erecting, moving, reconstructing, altering, or displaying any sign in the City. B. Findings No sign permit shall be issued unless the Director finds that the application for a sign permit satisfies, or with conditions can satisfy, all of the following requirements: The sign is consistent with the General Plan, complies with the requirements of this Chapter, and complies with all other applicable laws and regulations; The size, shape, color, visual elements, illumination and placement of the sign is compatible with the surrounding area and with other lawful signs and does not to detract from the character or quality of surrounding properties. C. Basis for Denial; Appeal Any decision of the Director denying a sign permit shall be in writing, and shall identify which of the findings set forth in subsection B. of Section 17.28.030 could not be made, and the reasons therefor. Any decision of the Director regarding a sign permit may be appealed, pursuant to the provisions of Section 17.03.090 of this Development Code. 17.28.040 Prohibited Signs All signs not expressly permitted by this Chapter are prohibited, including but not limited to the following. No application for sign permit, development plan, or other application for a prohibited sign shall be accepted, acted upon, or approved. P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 2 A. Abandoned Signs (as defined in Section 17.28.900 D.). Amenity Signs (signs which identify the amenities provided in a multi family complex that are visible from public streeOs. Ce Animated or Moving Signs (except for time and temperature displays pursuant to Sections 17.28.050 S. D. Bunting (unless approved by a sign program). E. Cabinet or Can Signs (wall mounted) F. Commercial Off-Premise Signs (except as expressly permitted by this Chapter) G. Commercial Signs next to Residential Areas When commercial and industrial developments are facing residential uses and are located on the same local street (60 foot right-of-way or less) as the residential uses, freestanding signs associated with these developments are prohibited. Wall signs which provide identification for businesses to pedestrians may be authorized by a sign program, provided that the illumination of the signs does not negatively impact residential uses. H. Day-Glow Colors for Window Signs Decorative Flags (unless approved through a sign program and then only if limited to focal points within the project) Loud Speakers or Signs Which Emit Sound, Odor, or Visible Matter, Except as Authorized by this Chapter. Off-Site Subdivision Signs (except as otherwise permitted in Section 17.28.800, Kiosk Signs or Section 17.28.130, Subdivision Signs). L. Pennants and Streamers M. Portable Signs on Private Property N. Signs Constituting a Traffic Hazard No person shall install or maintain or cause to be installed or maintained any sign which simulates or imitates in size, color, lettering or design any traffic sign or signal, or which makes use of words "stop, danger", or any other words, phrases, symbols or characters in such a manner as to interfere with, mislead or confuse vehicular or pedestrian traffic. P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 3 O. Signs in Proximity to Utility Lines No permit shall be issued for any sign, and no sign shall be constructed or maintained, which has less horizontal or vertical clearance from authorized communication or energized electrical power lines than that prescribed by laws of the state or duly promulgated rules and regulations. P. Signs Located Above the Eave Line and Roof Signs (signs integrated into an architectural feature are not considered to be above the eave line). Q. Signs on Doors, Windows or Fire Escapes No sign structure shall be installed, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a stand pipe or fire escape, except those signs as required by other adopted Codes or Ordinances. R. Signs Within the Public Right-of-Way or Attached to Any Public Property Signs in any public right-of-way or signs which project over or into a public right-of-way, or which are attached to the public property, are prohibited. S. Vehicle Signs Signs located on or affixed to a motor vehicle or trailer (as those terms are def'med in the California Vehicle Code), whether parked on private property or public right of way, for the purpose of advertising products or services or directing people to a business or activity. This paragraph does not apply to standard advertising or identification practice where such signs are painted on or permanently attached to a business or commercial vehicle, so long as such vehicle is licericed and fully operable, and the signs on such vehicle are not in violation of the Vehicle Code. 17.28.050 Exempt Signs The following signs are exempt from the requirement to obtain a sign permit pursuant to this Chapter if they meet these specified requirements; however, they may require Building Permits: A. Construction, Contractor, Financing, or Remodeling Signs 1. Maximum sign area for each sign shall be: (a) Six (6) square feet in single family districts. (b) Sixteen (16) square feet in all other districts. 2. Maximum sign structure height shall be 6 feet. P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 4 Ce Maximum number of freestanding signs shall not exceed one construction, contractor, or remodeling sign per street frontage for each parcel or shopping center plus, one financing sign per street frontage for each parcel or shopping center. They are permitted for sites with an active building permit and shall be removed 5 days after construction completion, as evidenced by a certificate of occupancy or final sign-off by the Building Official, or termination of the building permit. Employment Opportunity Signs 3. 4. 5. Flags 1. Freestanding signs shall only be allowed in Office and Industrial Districts for single tenant buildings, where no other tenants are located on the parcels that occupy an entire parcel. Window mounted signs shall only be allowed in Commercial Districts. Maximum sign area for each sign shall be 4 square feet. Maximum sign structure height shall be 4 feet, if freestanding. Maximum number of signs shall not exceed one per business per major street frontage. A flag pole shall not exceed the zoning district height limits set forth in the Development Code, or 50 feet if no height limit is provided by the Development Code. A single flag of the United States of America and two (2) of the following flags shall be permitted per parcel or center: (a) (b) (c) (d) (e) (f) The State of California, or another State of the United States A County A Municipality Official Flags of Other Countries Flags of Nationally or Internationally Recognized Organizations A Corporate Flag. P:\NAASEHS\DRAFT23F.ORD 5112/98 Idb 5 3. The maximum area for a corporate flag may not exceed 50 square feet D. Future Tenant Identification Signs 1. Maximum area for each sign for all freestanding pads and shopping centers with 5 acres or more in area shall be 3 2 square feet. Shopping centers with more than 10 acres in area shall be allowed a 100 square foot sign for the purpose of identifying multiple tenants. 2. Maximum sign structure height shall be 6 feet for 32 square foot signs and 12 feet for 100 square foot signs. 3. Maximum number of signs shall not exceed one per street frontage for each center or parcel at any given time. 4. They shall be removed 5 days after the tenant occupies the building. 5. They shall be permitted for sites with an active building permit. E. Garage Sale Signs 1. One sign per garage sale is permitted. The sign must be located on the same property that the garage sale is held. 2. Maximum sign area for each sign shall be 4 square feet. 3. Maximum sign structure height shall be 6 feet, if freestanding. 4. The sign may not be erected more than 5 days prior to the sale. 5. The signs shall be removed before the end of the day of the sale. 6. The sign shall not be illuminated. F. Government Signs Any official government sign, public notice or warning required by an applicable federal, state, or local law, regulation, or ordinance. G. Helium Balloons 1. No balloon shall be larger than three feet in diameter. 2. They shall not be higher than 10 feet from the ground. P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 6 They shall not be displayed for more than three days for each calendar month and in no case for more than three consecutive days at a time. 4. All balloons shall be anchored, and shall not block vehicular or pedestrian movement. H. Holiday Decorations within Commercial, Office and Industrial Districts Seasonal window displays that contain holiday characters and messages and which are intended to create or enhance holiday character of an area. The displays are commonly associated with national, state, local, or religious holidays (and which do not reference or display services available or rendered, or goods produced, sold or available for sale). They may be displayed for a period not exceeding 45 consecutive calendar days and a maximum of 60 cumulative days per calendar year. I. Incidental Signs, Numbers, Open, 1. Maximum 2. They shall 3. They shall J. Interior Signs Le i.e., Name of Business, Name Plates, Street Address, Telephone Close, Hours of Operation, Credit Cards, etc. sign area for each sign shall be a total of 4 square feet. be located adjacent to major customer entrances. be located on doors or near doors. 1. They shall be entirely located inside the building. 2. They shall not be closer than 18 inches to a window or door. Memorial Signs on Tablets or Plaques 1. Maximum sign area for each sign shall be 4 square feet. 2. Maximum sign structure height shall be 4 feet, if freestanding. Model Home and Multiple Family Rental Complex Flags 1. Flag poles shall not exceed the zoning district height limits set forth in the Development Code or 50 feet if no height limit is provided by the Development Code. 2. Maximum number shall not exceed 2 per each model home or 4 per multiple family rental complex. P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 7 Shall be located on the model home lots, the parking lot, or the sales office or the multiple family rental complex. They may only identify the builder and the subdivision name or the name of the multiple family rental complex. Multiple family rental complex flags shall only be displayed in the third quarter of the year. M. Model Home Signs All such signs shall only be located on the model home parcels, the parking lot or the sales office and are intended to provide information on each model. Model Home signs do not include On-Site Subdivision Signs, refer to Section 17.28.130 for subdivision signs. N. Name Plates and Street Address Signs These signs are intended for single family residences and shall be located entirely on the premises. 2. The sign shall contain no advertising message. 3. Maximum sign area for each sign shall be 3 square feet. 4. Maximum sign structure height shall be 3 feet, if freestanding. O. Non-Commercial Off-Premises Signs 1. Maximum area of the sign board shall not exceed twelve (12) square feet. Maximum number of signs per parcel shall be one. However, there shall be no limit on the number of signs during the ninety (90) days prior to a state, federal, or local election and fourteen (14) days after the election. A sign erected or placed for a candidate who prevails in a primary election may be maintained until 10 days after the final election. The maximum height of a ground-mounted sign shall not exceed six (6) feet measured from grade. 4. The signs shall not be illuminated. 5. The signs shall not be erected, placed, or maintained: P:\NAASEHS\DRAFI'23F.ORD 5/12/98 klb 8 So (a) Upon any private property without the consent of the owner, lessee, or person on lawful possession of such property. (b) On any public property or upon any portion of a public right of way. (c) To obscure the view of any fire hydrant, traffic sign, traffic signal, street sign, or public information sign. (d) To block lines of sight to areas of vehicular or pedestrian traffic. On Wall or Window Menu Signs for Restaurants 1. Maximum sign area for each sign shall be 4 square feet. 2. They shall be attached to the building or associated entry structure. 3. Maximum of signs shall be 1 per restaurant entrance. 4. They shall not be intended to be used for advertisement and will only serve as information to customers who have found the restaurant and are standing by the front door. 5. They shall be located at or near the major customer entrance. 6. They shall not be counted as permissible area for window signs Real Estate Signs, Subject to 17.12.060 Public Convenience and Warning Signs Maximum sign area for each sign shall not exceed 3 square feet. Maximum sign structure height shall not exceed 3 feet, if freestanding. 2. 3. 4. Maximum number shall be as necessary. They may identify restrooms, public telephones, trespassing and similar signs. 5. They shall be located on private property. 6. They shall contain no advertising messages. Time and Temperature Signs 1. walkways, no parking, no Maximum sign area for each sign shall be 16 square feet. P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 9 2. Maximum sign structure height shall be 6 feet, if freestanding. 3. Maximum number of signs shall not exceed one per building or parcel. 4. No advertising shall be permitted. 5. Wall mounted signs are counted as part of the permitted sign area of the elevation they are placed on. Freestanding signs shall be an integral part of a permitted freestanding sign and shall be counted as part of the permitted sign area of the freestanding sign. T. Vacancy/No Vacancy Signs 1. They are used for motels, hotels, and other similar uses. 2. Maximum sign area for each sign shall be 4 square feet. 3. Maximum sign structure height shall be 4 feet, if freestanding. 4. Maximum number of signs shall not exceed one per street frontage. U. Works of Art That Do Not Convey a Commercial Message They are exempt from the provisions of this Chapter; however, they may be subject to the provisions of Section 17.05.020. 17.28.060 Real Estate Signs Real estate signs that comply with the provisions of this Section are exempt from the requirement to obtain a sign permit. A. On-Site Real Estate Signs (For Sale, For Rent, For Lease, Sold, etc.) in Commercial, Office, and Industrial Districts. 1. They shall not be permanent in nature and may only be permitted at such time as the property or structure is available for sale, lease, or rent. 2. Sign area for each sign shall not exceed: (a) Thirty two (32) square feet for freestanding signs. (b) Three (3) square feet for window signs. 3. The sign structure height for freestanding signs shall not exceed 8 feet measured from grade. P:\NAASEHS\DRAFT23F.ORD .5/12/98 klb 10 Maximum number permitted is one sign per street frontage for each parcel or center. Plus, one window sign is permitted per available suite. In addition, one freeway oriented sign is permitted per parcel or center with freeway frontage. 5. They shall only be posted on private property. They shall not be closer than 5 feet to the property line or 17 feet from the face of the curb, whichever is less. They shall be a minimum of 150 linear feet from all other freestanding signs including real estate signs. They shall not be located within 75 feet of an intersection or an access driveway, except that nothing in this Chapter shall preclude a parcel or center from having at least one freestanding real estate sign. The angle of v-shaped signs shall not to exceed 90 degrees. The back side of a v-shaped sign shall not be visible from the public right of way. 10. Appropriate materials are wood, metal, and stucco. Other materials are subject to Director approval. 11. Illumination is not permitted. 12. They shall be maintained in a clean, orderly fashion at all times and shall be removed 10 days after the close of escrow or after a rental agreement or lease has been entered into, whichever occurs first. On-Site Real Estate Signs (For Sale, For Rent, For Lease, Sold, Open House, etc.) in all Residential, Public Institutional and Open Space Districts. They shall not be permanent in nature and may only be permitted at such time as property or structure is available for sale, lease, or rent. 2. Sign area for each sign shall not exceed: (a) Six (6) square feet in single family districts and multi family districts for 4 units or less. (b) Thirty two (32) square feet for complexes in multi family districts of 5 units or more. 3. Sign structure height shall not exceed: P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 11 (a) Six (6) feet in single family districts. (b) Eight (8) feet in multi family residential districts. Property with existing residential units for sale, resale, lease or rent shall be permitted one sign per street frontage. They shall only be posted on the subject private property. Open house signs shall only be displayed between the hours of 8:00 am and dusk. The angle of v-shaped signs shall not to exceed 90 degrees. The back side of a v-shaped sign shall not be visible from the public right of way. P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 12 GENERAL REQUIREMENTS 17.28.070 General Requirements for Permanent Signs Permanent signs shall be subject to the following standards to insure the quality of signage in the City. A. Standards for Permanent Freestanding Signs 1. Location (a) All freestanding signs shall be setback at least 5 feet from the right of way or property line or 17 feet from the face of the curb, whichever is less. (b) All freestanding signs shall be located outside the site visibility area as defined by Section 17.06.050 L. of the Development Code. (c) All freestanding signs shall located be at least 3 feet from buildings. (d) The face of any freestanding sign shall not be oriented parallel to the street, except when the sign is located at the end of cul-de-sacs, knuckles, or other appropriate locations as approved by the Director. (e) The minimum distance between freestanding signs located on the same side of the street and under 6 in height shall not be less than 150 feet, except center identification signs located on the same driveway. (f) The minimum distance between freestanding signs located on the same side of the street and over 6 feet shall not be less than 250 feet. (g) The Director shall have the authority to reduce the distance requirements in subparagraphs e. and f. by 20 % in case of unusual circumstances such as presence of driveways, landscaping, utility poles, etc. 2. Height (a) Sign structure height is measured from the extreme top portion of a freestanding sign to the sidewalk. If there is no sidewalk, the elevation of the finished surface of the road shall be used. (b) The height of sign structures located on slopes shall be measured from the highest point of the sign to the highest point of slope where the sign structure meets ground. Bernting of up to 2 feet may be allowed in addition to the maximum height allowed for the sign structure. P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 13 (c) Berming height shall be measured from the lowest portion of the base of the sign structure to the sidewalk elevation. 3. Design (a) Except for the changeable portions of movie signs for theaters and changeable portions of price signs for gas stations, which may use plastic backgrounds, the use of can-type box signs with plastic panels or background are prohibited for tenant and building identification signs. Sign panels or background shall be of material commonly used in the buildings or the center. Logo boxes are not subject to this requirement. (b) Center identification signs shall use a background material commonly used in the center buildings. Can-type box signs are not permitted. Flood lighting is strongly encouraged when consistent with Riverside County Ordinance 655, Palomar Light Pollution Ordinance; however, internal illumination of the individual letters are only permitted if reverse channel lettering is used. (c) Multi tenant signs shall be uniform in background color for all tenants. (d) All freestanding signs shall be limited in size to the width of the architectural features of the sign. (e) All freestanding signs shall use architectural elements at the top, base, and sides of the signs. (0 If a tenant, building, or center identification sign is proposed within 75 feet of a major intersection, it shall incorporate, or be located as part of, a community feature (i.e. water features, public art, unique landscape designs, public spaces). (g) Sign colors shall be selected that provide a significant contrast between the background colors and the letters. (h) All freestanding signs may be permitted a maximum of two sides except that center identification signs shall be one sided. (i) Center identification signs shall not advertise tenants; however, if the center is named after a major tenant, it is permissible to mention that tenant's name as part of the center name. 0) Center identification signs shall be incorporated into the entry statement architecture and landscaping area. P:\NAASEHS\DRAF'r23F.ORD 5/12/98 klb 14 (k) Freestanding single tenant signs or service station signs with a height of six (6) feet or less shall be constructed as monument signs. (1) Freestanding multi-tenant signs, theater signs, or freeway oriented signs shall be constructed as either monument or pylon signs. 4. Landscaping (a) All freestanding tenant idemification signs and building identification signs shall be required to be located within a planted landscaped area which extends on all four sides of the sign. The landscaping area shall be provided according to the following: (1) Single tenant and building identification signs shall include a 100 square foot landscaped area. (2) Multi-tenant identification signs shall include a 200 square foot landscaped area. (3) Freeway oriented signs and off-site center identification signs shall include a 300 square foot landscaped area. (b) The landscaping for pylon signs shall include shrubs and small trees to hide the lower portion of the pylon sign if visible from public view. (c) The landscaping for freestanding tenant identification signs, building identification signs , and multi-tenant identification signs shall include flowering perennials, annual plants, or other plants which provide additional color. They shall be planted and replanted seasonally to maintain year round color. 5. Addresses All freestanding signs, except those oriented toward the freeway, shall include the street address(es) or range(s) for the businesses or centers assigned by the Building Official. address shall not be counted in the total permitted sign area. The 6. Illumination (a) Illumination for tenant or building identification signs may be internal or external. (1) When internally illuminated signs are used, only the lettering and logos shall appear to be lighted. Conventional channel lettering or reverse channel lettering are acceptable. P:\NAASEHS\DRAFT23F.ORD 5112198 Idb 15 (2) When externally illuminated signs are used, only flood lighting is acceptable if consistent with Riverside County Ordinance 655, the Palomar Light Pollution Ordinance. External illumination shall not be used for multi tenant signs. (b) Illumination for center identification signs may be internal or external: (1) When internally illuminated, only reverse channel lettering is acceptable. For freeway oriented center identification signs conventional channel lettering is acceptable. (2) When externally illuminated signs are used, only flood lighting is acceptable if consistent with the Palomar Light Pollution Ordinance. 7. Width The width of sign structure can be calculated by multiplying the proposed sign structure height by the sign width coefficient as provided in Table 17.28 (b). In no case shall the width of a sign structure exceed the width calculated by the sign width coefficient. Table 17.28 Sign Width Coefficient Sign Structure Height in Feet Sign Width Coefficient 0-6 2.0 6.1-12 1.0 12.1-15 0.8 15.1-25 0.6 25.1-40 0.4 40.1 + 0.35 For instance, if sign structure height is 4 feet, the applicable Sign Width Coefficient from the above table is 2.0. Therefore, the width of the sign structure shall not exceed 8 feet (4 X 2.0). Be Standards for Permanent Wall Mounted Signs for Buildings with Two (2) Stories or Less Location (a) Wall signs shall not be located on windows or doors. P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 16 2. Number (a) For multi tenant buildings, permitted to have a wall sign. wall signs. only the major tenant within the suite is Sub-leasing tenants are not permitted to have (b) Maximum of four signs per business shall be allowed including all wall mounted business identification signs, freestanding signs, and freeway signs (if any permitted). However, businesses with freestanding freeway signs shall only be permitted a maximum of three signs, or four signs as permitted by Section 17.28.210 A. 1.(a). 3. Area (a) For businesses with more than one permitted wall mounted sign, the second sign shall not exceed 80%, third 70%, and fourth 60% of the maximum allowable for the corresponding frontages. This standard shall not apply to a permitted wall mounted freeway oriented signs. (b) Wall signs shall not cover more than 75 % of the surface of the building face that the sign is located on excluding window and door areas. This provision shall not apply to primary tenant signs. (c) Wall signs shall not extend more than 75 % of the suite length for multi tenant buildings or building frontage for single tenant buildings. This provision shall not apply to primary tenant signs. 4. Letter Height Minimum letter height shall be 8 inches. For wall signs in two lines or more the second line may have a minimum letter height of 6 inches. 5. Design (a) A diversity of letter types and colors shall be encouraged for wall signs within centers to create interest. (b) The use of graphics consistent with the nature of the product to be advertised shall is encouraged, i.e., hammer symbol for a hardware store, mortar and pestle for a drug store. (c) Sign colors shall be selected that provide a significant contrast between the background colors and the letters. 6. Illumination P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 17 (a) Internal illumination for wall signs is acceptable in the following forms: (1) Internally illuminated channel letters; (2) Internally illuminated reverse channel letters; or, (3) Exposed neon if used in channel letters with transparent face or no face with the inside of channel lettering colored the same color as the neon; (4) Other exposed neon applications. (b) External illumination is not permitted unless approved through a sign program. C. Number Maximum of four signs per business shall be allowed including all wall mounted, freestanding signs and any freeway signs (if any permitted). However, businesses with freestanding freeway signs shall only be permitted a maximum of three signs, or four signs as permitted by Section 17.28.210 A. 1.(a). 17.28.080 Sign Programs A. Sign Program Required In addition to the sign permits required by Section 17.28.030, certain types of developments require a sign program to ensure that all proposed signs are in harmony with other on-site signs, buildings and surrounding developments. Other provisions of this Chapter require a sign program for certain types of signs. In addition, in new developments where any of the following circumstances exist, a sign program in accordance with this Section shall also be concurrently filed and considered for approval with the Development Plan: Whenever five (5) or more temporary and/or permanent signs (not including signs exempt from permits) are proposed for a single tenant development occupying an entire parcel; 2. Whenever two (2) or more businesses are proposed in a multi-tenant development; Whenever wall signs are proposed on buildings with three (3) stories or more, or on buildings with heights greater than 32 feet; or, 4. Whenever the development contains a historic structure. P:\NAASEHS\DRAFT23F.ORD 5/12/98 idb 18 B. Findings The following findings must be made by the approval body prior to approving a sign program: The proposed signs enhance the development, and are in harmony with, and visually related to: (a) All of the signs included in the sign program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, illumination, sign type, or sign shape; (b) The buildings and/or the developments they identify by utilizing materials, colors, or design motifs included in the building being identified; and, (c) Surrounding development by not adversely affecting surrounding land uses or obscuring adjacent approved signs; o The sign program accommodates future revisions which may be required due to changes in building tenants; and, The proposed sign program satisfies the intent of this Chapter, in that the sign program complies with all the regulations of this Chapter, except that flexibility is allowed with regard to sign area, number, location, and height. Further, to the extent the sign program does not comply with the requirements of this Chapter as to sign area, number, location, and height, the proposed sign program enhances the development and more fully accomplishes the objectives of this Chapter. P:\NAASEHS\DRAFI'23F.ORD 5/12/98 ~ab 19 SIGNS IN RESIDENTIAL DISTRICTS 17.28.100 Signs in Residential Districts All signs within Residential Districts that require a sign permit must comply with the standards contained in Section 17.28.070 and Sections 17.28.100 through 17.28.199. 17.28.110 Signs for Institutional Uses and Other Permitted Uses in Residential Districts Wall Mounted Business or Institution Identification Signs for Institutional Uses and Other Permitted Uses in Residential Districts Except Single and Multi Family Uses 1. Maximum number permitted is one per frontage. Maximum permitted sign area for each sign is 1/2 square foot for each lineal foot of building frontage, or 50 square feet, whichever is less. Illumination may be permitted if it is determined by the Director that it does not adversely impact the surrounding residential uses. Freestanding Business or Institution Identification Signs for Institutional Uses and Other Permitted Uses in Residential Districts 1. Maximum number permitted shall be one per street frontage. 2. Maximum permitted sign area for each sign shall be 20 square feet. 3. Maximum sign structure height shall be 4 feet. Illumination may be permitted if it does not adversely impact the surrounding residential uses. 17.28.120 Neighborhood and Community Identification Signs for Subdivisions and Multi Family Complexes A. Maximum number permitted shall be two per each vehicular access or entrance. B. Maximum sign area for each sign shall be: 1. Twenty (20) square feet for neighborhood identification signs 2. Thirty (30) square feet for community identification signs P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 20 C. Maximum sign structure height shall be: 1. Eight (8) feet for neighborhood identification signs. 2. Ten (10) feet community identification signs. D. They shall be built into the landscaping or project walls. E. They shall be one sided, except when installed in a median or other applications where two sided signs are more appropriate than one sided signs. F. Sign area is measured by the area surrounding and including the letters. G. Sign background shall be of materials used in the subdivision or project. H. Illumination shall only be by external flood light, and only when consistent with Riverside County Ordinance 655, Palomar Light Pollution Ordinance, or by internal reverse channel letters. 17.28.130 Subdivision Signs A. Maximum number of signs shall be one per subdivision if 5 acres or less , or two ~per subdivision if more than 5 acres. If several builders are building on a tract, each builder is entitled to its own subdivision sign(s) located within the property they own, provided that they do not exceed the permitted number of subdivision signs as specified in this Chapter. B. Shall not exceed one sign per street frontage. C. Maximum sign area for each sign shall not exceed 100 square feet. D. Maximum sign structure height shall not exceed 12 feet. E. They shall be removed immediately after the final sale. F. They shall have a 10 foot setback. G. They shall be located within the boundaries of the subdivision. P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 21 SIGNS IN COMMERCIAL DISTRICTS 17.28.200 Signs in Commercial Districts All signs within Commercial Districts that require a permit must comply with the sign standards for Commercial Districts contained in Sections 17.28.200 through 17.28.299 and with the standards contained in Section 17.28.070. In lieu of the standards provided in Sections 17.28.200 through 17.28.299, office buildings in commercial districts must comply with the standards for Office District contained in Section 17.28.300 through 17.28.399. 17.28.210 Freeway Oriented Signs in Commercial Districts Freeway oriented signs are only permitted for parcels or shopping centers with free way frontage. They are permitted as freestanding or wall mounted signs. Freestanding signs may identify centers, multiple tenants, and/or single tenants. Wall mounted signs may identify single tenants occupying an entire building and located on a parcel. A. Requirements for Freestanding Freeway Oriented Signs in Commercial Districts 1. Number of signs permitted: (a) One single tenant identification sign per parcel that is occupied entirely by one business, not located in a shopping center shall be permitted. These businesses with a freestanding freeway oriented sign are not permitted a single tenant identification monument sign along their street frontage. However, if three or more parcels join together to erect a multi-tenant freeway oriented sign, they each shall also be allowed a single tenant identification monument sign along their street frontage. One multi-tenant identification sign per shopping center if the shopping center is larger than 7 acres. (c) Two multi-tenant identification signs per shopping center if the center has greater than 1330 feet of frontage. 2. Maximum sign area for each sign shall be: (a) Fifty (50) square feet for single tenant identification signs. (b) One hundred (100) square feet for multi-tenant identification signs. 3. Maximum sign structure height shall be 30 feet. A fleestanding freeway oriented sign shall only be allowed as a pylon sign. Pole signs are not permitted. P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 22 5. A maximum of three tenants may be on a multi-tenant sign. Requirements for Wall Mounted Freeway Oriented Business Identification Signs in Commercial Districts Same as Section 17.28.240. 17.28.220 Requirements for Freestanding Shopping Center Identification Signs in Commercial Districts Freestanding shopping center identification signs are intended to identify shopping centers. Different standards have been included for shopping centers with 7 acres or less and more than 7 acres. Two signs per major entrance shall be permitted and one additional sign shall be permitted at each major intersection. B. Maximum sign area for each sign shall be: 1. Twenty (20) square feet per sign face for centers 7 acres or less. 2. Thirty (30) square feet per sign face for centers more than 7 acres. C. Maximum sign structure height shall be: 1. Four (4) feet for centers 7 acres or less. 2. Six (6) feet for centers more than 7 acres. 17.28.230 Freestanding Tenant Identification Signs in Commercial Districts Tenant Identification signs are intended to identify tenants whether or not located in shopping centers. These signs may be single tenant or multi-tenant identification signs. A. Requirements for Multi-tenant Signs in Commercial Districts Freestanding multiple tenant identification signs are intended to identify tenants in centers or multi- tenant buildings. Maximum number of freestanding tenant identification signs (multi or single tenant sign) is one per 300 lineal feet of street frontage for the center. At least half of the tenant identification signs shall be single tenant identification signs. P:\NAASEH$\DRAFT23F.ORD 5/12/98 klb 23 Each center shall be allowed at least one multi-tenant sign. However, if the center has more than one street frontage, one multi-tenant sign on each street frontage shall be allowed. 3. Maximum sign structure height shall be 12 feet. 4. Maximum sign area for each sign shall be 100 square feet. The center name may be added to multi-tenant signs but the total sign area for each sign including the center name shall not exceed 100 square feet. 6. The maximum number of signs per panel shall be two. 7. The minimum panel height shall be 10 inches. 8. The minimum letter size shall be 5 inches. Be Requirements for Freestanding Building or Single Tenant Identification Signs in Commercial Districts Freestanding building or business identification signs are intended to identify single tenants whether or not in a center, or buildings in commercial districts. Maximum number of freestanding tenant identification signs (multi or single tenant sign) is one per 300 lineal feet of street frontage for the center. At least half of the tenant identification signs shall be single tenant identification signs. The maximum number of signs for single tenants not located in a center shall be one sign per tenant. Theater and gas station signs are counted as single tenant signs in the formula calculations for determining the maximum number of permitted tenant signs for a center. These signs shall meet all the requirements for single tenant signs except for size and height requirements as specified in Subsection (5) a. and b. below. The maximum area for all single tenant identification signs or building identification signs shall be 25 square feet, except that: (a) Maximum area for theater signs shall be 150 square feet, including the area for identification of all the shows and the theater name. (b) Maximum area for service stations shall be 50 square feet, including the area for all fuel types, prices, and the service station name (For additional signage requirements for service stations refer to Section 17.28.260 A. P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 24 Maximum sign structure height for all single tenant signs and gas station signs shall be 6 feet, except theaters which shall be 15 feet. 6. No more than one tenant shall be identified. If the frontage of a center is less than 300 feet, no single tenant identification is permitted. Automotive service stations shall be allowed one price sign per frontage to include all fuel types and/or prices. 17.28.240 Requirements for Wall Mounted Business or Building Identification Signs for Buildings with 2 stories or less in Commercial Districts Wall mounted business identification signs are intended to provide identification for the individual businesses located in buildings with 2 stories or less in Commercial Districts. A. Maximum number of signs shall be 1 per frontage for each tenant. Maximum area of signs shall be 1 square foot of sign area for each sign per lineal foot of building frontage. Building identification signs are only permitted if no tenant identification signs are placed on the building. 17.28.250 Wall Mounted Signs for Buildings with 3 Stories or More in Commercial Districts Ao Requirements for Wall Mounted Primary Tenant or Building Identification Signs for Buildings with 3 Stories or More in Commercial Districts Wall mounted building identification signs are intended to provide identification for buildings with 3 Stories or more. This type of signage is usually used by the primary tenant in an office building. 1. General Requirements (a) Maximum number of signs shall be two per building. (b) Maximum letter height and sign area shall be determined by Section 17.28.250 C., Size Requirements. (c) The two permitted signs shall be placed on different building elevations. (d) Both signs shall have the same copy, and only a single line of copy. P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 25 (e) The elevation plans for the Development Plan shall show the locations and dimensions of the signs. 2. Design Requirements (a) They shall complement and add to the aesthetics of the materials of the building. (b) They may be illuminated. However, in order to reduce the visual impact of illtuninated signs on surrounding residential districts, lighting of signs to produce a silhouette effect is encouraged. Signs internally illuminated are preferred over exterior illumination. (c) To avoid the appearance of crowding a sign into a sign placement area, the sign copy shall: O) Occupy no more than sixty (60) percent of the height of the sign placement area; and, (2) No more than eighty (80) percent of the width of the sign placement area; and, (3) No part of the sign can be located within the extreme left or right ten (10) percent of the width of the sign placement area. 3. Location Requirements (a) In high-rise buildings, signs shall be placed between the windows of the highest floor of the building and the eave line. (b) In designs with articulated roofs, signs shall be integrated visually with the architectural features such as windows, projections, and articulating elements. ao Requirements for Wall Mounted Secondary Tenant Business Identification Signs for Buildings with 3 Stories or More in Commercial Districts Wall mounted secondary tenant business identification signs are intended to provide identification for the secondary tenants in office buildings with 3 stories or more. 1. General Requirements (a) Maximum number of signs shall be one per building elevation. Buildings between 3 and 5 stories are permitted two such signs per elevation, provided that the signs: P:\NAASEHS\DRAFT23F.ORD 5112/98 klb 26 Ce (1) Are not located on any elevation in vertical (stacked) alignment. (2) Are separated by at least 40 percent of the width of the subject elevation. (b) Maximum letter height and sign area shall be determined by Section 17.28.250 C. (c) Maximum of four (4) secondary tenant signs shall be permitted per building. (d) If retail shops with exterior doors are located on the ground level of an office building, the sign regulations for wall mounted business identification signs in commercial districts (Section 17.28.240) shall apply to the ground level shops. Location Requirements (a) They shall be located below the second floor, except that if the building ha s a two-story lobby, the signs are permitted only between the second and third floors above such lobby. They shall be located at or adjacent to the entrance of the building or in a position to be seen by pedestrians and by those in nearby parking areas and on-site circulation drives. Size Requirements The Recommended sign area, maximum letter and symbol height for primary tenant or building Identification signs for buildings 3 stories or higher is summarized in Table 17.28 E. P:\NAASEHS\DRAFT23F.ORD 5/12/98 idb 27 Table 17.28 E Sign Area, Maximum Letter and Symbol Height for Building Identification Signs for Primary Tenants or Building Identification Signs for Buildings 3 Stories or Higher Number of Maximum Letter Maximum Symbol Square Footage Area of Building Stories Height Height Sign Per Elevation 3 2' 10" 4' 6" 175 4 3' 0" 4' 10" 200 5 3'4" 5'4" 225 6 3' 9" 6' 0" 250 7+ 4' 2" 6' 8" 275 Recommended sign area, maximum letter, and symbol height for secondary tenant signs for buildings 3 stories or higher is summarized in Table 17.28 F. Table 17.28 F Area, Maximum Letter, and Symbol Height for Secondary Tenant Signs for Buildings 3 Stories or Higher Number of Building Stories Maximum Letter Height Maximum Symbol Height Square Footage Area of Sign Per Elevation 3 -4 10" 16" 30 5 -6 12" 19" 35 7 + 14" 22" 40 17.28.260 A. Requirements for Special Signs in Commercial Districts Miscellaneous Service Station Signs 1. Special Service Signs on Pump Islands They shall be illuminated only by the canopy lighting. 2. Logo Boxes on Canopies Two logo boxes located on the canopy shall be allowed per gas station. exceed 4 square feet. Each logo box shall not P:\NAASEHS\DRAFT23F.ORD 5112/98 klb 28 B. Fast Food Menu Signs 1. Maximum number of signs shall be 2 signs per tenant. 2. Maximum area shall be 32 square feet per sign. 3. Maximum structure height shall be 6 feet. 4. They may be internally illuminated. 5. They may utilize changeable copy. C. Institutional Uses 1. Maximum number of signs shall be one freestanding or one wall sign per street frontage. 2. The standards for freestanding single tenant and wall mounted business identification signs in Sections 17.28.230 B and 17.28.240, respectively shall be followed. 17.28.265 Requirements for Projecting Signs in Commercial Districts Projecting signs are an alternative form of signage for identification of businesses. They are only permitted for a shopping center if uniformly used in the shopping center and if approved through a sign program~ A. Maximum number of signs shall be 1 per tenant. B. Maximum area of signs shall be 4 square feet. C. Minimum distance between projecting signs shall be 20 feet. D. 'Ground clearance shall be a minimum of 8 feet. E. Projection shall be a maximum of 4 feet and shall not encroach into the public right of way. F. Must be attached to a permanent canopy or building. 17.28.270 Requirements for Under Canopy Signs in Commercial Districts Under canopy signs are primarily pedestrian oriented and provide additional identification for businesses in commercial centers. P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 29 B. C. D. E. Maximum number of signs shall be 1 per customer entrance. Maximum area of signs shall be 4 square feet. Ground clearance shall be a minimum of 8 feet. Must be attached to a permanent canopy or building. They shall be illuminated only with the lighting from the canopy. 17.28.275 Requirements for Awning Signs in Commercial Districts Awning signs are intended to provide identification to individual businesses, and can be pedestrian or automobile oriented. They are only permitted for a shopping center if uniformly used in the shopping center or for a single tenant if the tenant is occupying an entire site and is not located in a shopping center. A. The area of the sign shall not exceed 75 % of the area of the awning that the sign is placed on. B. Ground clearance shall be a minimum of 8 feet. C. The total area of signage permitted for the face of the building shall not be exceeded for the combination of the wall sign(s) and awning(s). D. The area of the sign on awnings is calculated by multiplying the height of the highest letter by the length of the lettering on the awning. E. Awning signs shall be located on the bottom 12 inches of the flap (valance) or on end panels of angled, curved, or box awnings. F. Letter height shall not exceed 8 inches. 17.28.280 On-Site Directional and Directory Signs in Commercial Districts The purpose of directory and directional signs are to guide the movement of vehicles and pedestrians once they are on the site or center. They are not intended to advertise the tenants or products. A. Requirements for Pedestrian On-Site Directory Signs in Commercial Districts On-site directory signs are intended to provide information to the patrons of a building once they have arrived near the entrance of the building. 1. Maximum number of signs shall be one per multi-tenant building per frontage. P:\NAASEHS\DRAFF23F.ORD 5/12198 klb 30 Be 3. 4. 5. 6. They may be illuminated. Requirements for Freestanding Commercial Districts Maximum area of signs shall be 30 square feet. Maximum height of sign shall be 7 feet, if freestanding. They shall be located in pedestrian activity and movement areas. They shall contain only the name and address of the activities/businesses on-site. On-Site Directional Signs for Individual Sites in These signs are intended to provide direction to automobiles once they have arrived at the site. 1. Maximum area of sign shall be 3 square feet. 2. Maximum sign structure height shall be 3 feet. 3. They shall only include letters, logos, and arrows. 4. They shall be screened from view from the public right of way and private driveways of a center where practical. 5. They shall only be visible from the site they are intended to identify. 6. They may be illuminated. C. Requirements for Freestanding On-Site Directional Signs for Centers in Commercial Districts signs are intended to provide directions to automobiles to the different businesses on the These site. Maximum area of sign shall be 30 square feet. Maximum sign structure height shall be 7 feet. They shall be screened from view from the public right of way and private driveways of a center where practical. They shall only be visible from the site they are intended to identify. They may be illuminated. P:\NAASEHS\DRAFT23F.ORD 5/12/98 k~b 3 1 SIGNS IN THE PROFESSIONAL OFFICE DISTRICT 17.28.300 Signs in Professional Office District All signs within the Professional Office District must comply with the standards for set forth in Sections 17.28.300 through 17.28.399, as well as with the standards contained in Section 17.28.070. In lieu of the standards provided in Sections 17.28.300 through 17.28.399, wall mounted business identification signs for retail uses on the first floor of an office building with exterior entrances shall comply with the standards for Commercial Districts contained in Section 17.28.240. If retail uses have interior entrances only, no wall mounted business identification signs are permitted. 17.28.310 Sign Types Prohibited in Professional Office District A. Freestanding Multiple Tenant Identification B. Projecting Signs C. Under Canopy Signs D. Awning Signs 17.28.320 Sign Types Permitted in the Professional Office District with the Same Standards as Commercial District Requirements for wall mounted signs for buildings with 3 stories or more are the same as Section 17.28.250. B. Requirements for on-site directional and directory signs are the same as Section 17.28.280. 17.28.325 Freeway Oriented Signs in Professional Office District Only travel oriented commercial uses such as gas stations, restaurants, fast food establishments, and hotels/motels with freeway frontage are permitted, through approval of a sign program, to have freeway oriented signs. Freeway oriented signs are permitted as freestanding and wall mounted signs. Freestanding signs may identify centers, multiple tenants, and/or single tenants. The provisions included in Section 17.28.210 shall apply to all signs permitted by this subsection. 17.28.330 Requirements for Freestanding Office Center Identification Signs in Professional Office District Freestanding office center identification signs are intended to identify office centers. Maximum number of signs shall be two per major entrance, plus one additional at each major intersection. P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 32 B. Maximum sign area for each sign shall be 30 square feet. C. Maximum sign structure height shall be 6 feet. 17.28.340 Requirements for Freestanding Building or Single Tenant Identification Signs for Single Tenant Office Buildings in Professional Office District Freestanding single tenant identification signs are intended to provide identification for the tenant occupying an entire office building. In multi-tenant office buiMings, a freestanding building identification sign is permitted to identify the building. Ao Maximum number of signs shall be one per street frontage, plus one additional per major intersection. B. Maximum signs area shall be 20 square feet. C. Maximum sign structure height shall be 6 feet. D. No more than one tenant shall be identified. 17.28.350 Requirements for Wall Mounted Business or Building Identification Signs for Single and Multi-Tenant Buildings with 2 Stories or Less in Professional Office District Wall mounted business identification signs are intended to provide identification for individual businesses in single or multi-tenant office buildings with two stories or less. However, only multi- tenant buildings with exterior entrances for their tenants are permitted to have wall mounted business identification signs. A. Maximum number of signs shall be one sign per frontage for each tenant. Maximum area of signs shall not exceed 1/2 square feet per lineal feet of frontage. However, the sign area for each sign shall not exceed 50 square feet. For multi-tenant buildings wall mounted business identification signs shall be permitted only if the main entrance to each suite is from the exterior of the building as opposed to a lobby or court yard design. D. Building identification signs are only permitted if no tenant identifications are placed. E. External Illumination is not permitted. P:\NAASEHS\DRAFT23F.ORD 5/12/98 Idb 33 SIGNS IN INDUSTRIAL DISTRICTS 17.28.400 Signs in Industrial Districts All signs within Industrial Districts must comply with the standards for Industrial Districts contained in Sections 17.28.400 through 17.28.499, and with the standards contained in Section 17.28.070. In lieu of the standards provided in Sections 17.28.400 through 17.28.499, Office buildings must comply with the standards for Office District contained in Section 17.28.300 through 399. 17.28.410 Sign Types Prohibited in Industrial Districts The following sign types are prohibited in the Industrial Districts. A. Freestanding Freeway Oriented Signs B. Projecting Signs C. Under Canopy D. Awning Signs 17.28.420 Sign Types Permitted in Industrial Districts In addition to the signs otherwise permitted by this Chapter for Industrial Districts, the following sign types are permitted in these Districts provided that they meet the following specified standards: A. Requirements for wall mounted signs for buildings with 3 stories or more are the as Section 17.28.250. B. Requirements for on-site directional and directory signs are the same as Section 17.28.280. 17.28.430 Requirements for Freestanding Business Center Identification Signs in Industrial Districts Freestanding business center identification signs are intended to identify business centers. Maximum number of signs shall be two per major entrance, plus one additional per major intersection. B. Maximum signs area shall be 30 square feet. C. Maximum sign structure height shall be 6 feet. P:\NAASEHS\DRAFT23F.ORD 5/12/98 Idb 34 17.28.440 Freestanding Tenant Identification Signs in Industrial Districts Tenant Identification signs are intended to identify tenants whether or not located in shopping centers. These signs may be single tenant or multi-tenant identification signs. However, these two types of signs are not permitted together at any time. A. Requirements for Freestanding Tenant or Building Identification Signs in Industrial Districts Freestanding business or building identification signs are intended to provide identification for a tenant occupying an entire industrial building. They are also used to identify a multi-tenant industrial building. 1. Maximum number of signs shall be one per street frontage, plus one additional per major intersection. 2. Maximum sign area for each sign shall be 20 square feet. 3. Maximum sign structure height shall be 6 feet. 4. No more than one tenant shall be identified. B. Requirements for Freestanding Multiple Tenant Identification Signs in Industrial Districts 1. Each center shall be allowed one multi-tenant sign. However, if the center has more than one street frontage, one multi-tenant sign per street frontage shall be allowed. 2. Maximum sign structure height shall be 6 feet. 3. Maximum sign area for each sign shall be 20 square feet. 4. The center name may be added to multi-tenant signs but the total sign area for each sign including the center name shall not exceed 20 square feet. 5. The maximum number of signs per panel shall be one. 6. The minimum panel width shall be 5 inches. 7. The minimum letter size shall be 3 inches. P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 35 17.28.450 Requirements for Wall Mounted Business or Building Identification Signs for Buildings with 2 Stories or Less in Industrial Districts Wall mounted business or building identification signs are intended to provide identification for individual businesses in single or multi-tenant industrial buildings. A. Maximum number of signs shall be 1 per frontage for each tenant. Maximum sign area for each sign shall not exceed 1/2 square feet per lineal feet of building frontage. Building identification signs are only permitted if no tenant identifications are permitted by this Chapter. 17.28.600 Temporary Business Advertising Signs in Commercial, Office, and Industrial Districts Hereby Adopted by Reference. 17.28.700 Requirements for Temporary Ambient Air Balloons in Commercial, Office, and Industrial Districts Hereby Adopted by Reference. 17.28.800 Kiosk Signs in all Districts Hereby Adopted by Reference. 17.28.900 Enforcement, Legal Procedures, and Penalties The following signs are hereby declared a public nuisance, subject to abatement pursuant to the provisions of Chapter 8.12 of this Code: A. Declaration of Public Nuisance Any sign that is erected or installed in violation of this Chapter, after the effective date of the ordinance adopting this Chapter; 2. Any sign that is abandoned as def'med in paragraph D. of this Section 17.28.900; Any sign the owner of which has received a written notice from the Building Official pursuant to paragraph (b) of Section 17.28.910, and the maintenance, alterations, or repairs specified in the notice are not made within thirty (30) calendar days after the date of receipt of such notice. P:\NAASEHS\DRAFT23F.ORD 5/12/98 ldb 36 B. Removal 1. Removal Without Notice of signs within the Right-of-Way All signs in the public right-of-way may be removed by the City without issuing a notice of violation. 2. Emergency Removal Where the Building Official determines that the sign in question poses an imminent safety hazard or dangerous condition, such sign may be removed immediately and stored by the City. 3. Removal of Temporary Signs Any temporary sign erected, placed or maintained in violation of any provisions of this Section may be removed by the City five (5) days after issuance of a notice of violation to the person or party who caused the sign to be erected, if known, and to the owner, lessee, or person in lawful possession of the property on which the sign is located. The owners of signs removed pursuant to subparagraphs (1), (2), or (3) of this paragraph B of Section 17.28.900 shall be liable to the City for all costs and expenses incurred by the City in removing and storing the signs, in accordance with the provisions and procedures of Section 8.12.140 of this Code. As soon as practicable following removal pursuant to this paragraph B. of Section 17.28.900, but in no case later than forty-eight (48) hours after removal, a notice of violation shall be sent to the owner of the sign(s) via regular mail. The sign(s) will be returned to the owner only upon payment of removal and storage costs pursuant to Section 8.12.140. If the sign(s) is not claimed within thirty (30) days after the receipt of Notice of Violation the sign(s) may be destroyed. C. Unauthorized Removal of Signs No person shall remove, destroy, relocate, or otherwise disturb any sign without the permission of the party who caused the sign to be erected. Nothing in this subsection shall prohibit the owner of a piece of property, or his or her authorized representative, from removing a sign from his or her property that was erected without his or her consent. Nothing in this paragraph shall prevent the Building Official from taking action to abate sign violations pursuant to the provisions of this Code. D. Abandoned Signs Signs shall be considered abandoned and subject to abatement pursuant to Chapter 8.12 under any of the following circumstances: P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 37 A sign other than off-premisses sign, which for a period of ninety (90) days, no longer advertises or identifies an ongoing business, product, or service available on the premises where the sign is located. Where a sign permit for a temporary sign has expired and the sign has not been removed within one day after the date of expiration. Where the sign concerns a specific event and five (5) days have elapsed since the occurrence of the event. 17.28.910 Maintenance Responsibility of Signs Ao All signs shall be kept in good condition, be legible, adequately repaired, maintained, and painted by the owner thereof at all times. The standard for adequate repairs is that the repairs shall be at least equal in quality and design to the original work such as the paint, finish, materials, landscaping, illumination, structure, and any required surrounding landscaping. Bo Signs not properly maintained shall be issued a notice to maintain, alter, or repair by the Building Official. Upon a written notice from the Building Official, the maintenance, alterations, or repairs specified in the notice shall be made within thirty (30) calendar day s after the date of receipt of such notice. Co Appropriate easements for access and maintenance shall be secured for centers that contain more than one parcel and include center identification signs, multi-tenant signs, single tenant identification signs, etcetera. CC & Rs or other acceptable maintenance mechanism shall be established for centers with center identification signs, multi-tenant signs, single tenant identification signs, etcetera, in order to identify the responsible party for appropriate maintenance of the signs in accordance with the provisions of this Chapter. 17.28.920 Non-conforming Signs A. Continued Use of Non-Conforming Signs A non-conforming sign, if legal at the time of installation, may continue to be used and must be properly maintained in accordance with Section 17.28.910. With the exception of the auto mall center identification sign, non-conforming signs may not be: Changed to another non-conforming sign. For the purpose of this Section, changing the tenant signs on a freestanding multi-tenant identification sign is not considered a change to another non-conforming sign. 2. Improved or structurally altered so as to extend its useful life. P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 38 3. Expanded. 4. Reestablished after discontinuance for 90 days or more. 5. Reestablished after damage or destruction of more than 50 percent of its value. 6. Moved or relocated. Section 2. Table 17.03(a) of the Temecula Development Code is hereby amended by adding the following approval categories: Administrative Planning Planning City Approval Approval Director Commission Council Sign Permits X Sign Programs (Approved by the body approving the Development Plan) X X Modification to Sign Programs X Section 3. Section 17.03.060 B of the Temecula Development Code is hereby amended by adding the following: "(4) Increases in the allowable size, height, number, or location of new or existing signs by less than ten percent (10%) of the standards within Chapter 17.28., Section 4. Section 17.03.090 B. of the Temecula Development Code is hereby amended by adding the following: "(2) Actions by the Director of Planning on the approval of sign permits." Section 5. Section 17.34.010 A. of the Temecula Development Code is hereby amended by deleting the definition for "Alteration", "Sign", and "Outdoor Advertising Structure" and adding the following definitions: P:\NAASEHS\DRAFT23F.ORD 5/12/98 klb 39 CITY OF TEMECULA Sien Ordinance "A-Frame Sign Alteration Ambient Air Balloons Animated Sign Architectural Elements Attached Temporary Sign Auto Mall Center Identification Sign Awning Sign A portable temporary advertising device which is commonly in the shape of an 'A", or some variation thereof, is located on the ground, is easily moveable, and is usually two-sided. Any change or rearrangement in the supporting members of an existing building such as beating walls, columns, beams, girders, or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. Alteration for signs include any change of face, color, material, size, shape, illumination, position, location, construction, or support of any sign or advertising device. Ambient air balloons mean a balloon, supported by forced air (non-helium), constructed of fabric materials, affixed to the ground or rooftop using steel cable anchoring systems, and often containing advertising messages. See Flashing Sign. An integrated component of the design of a building, including walls, windows, entryways, rafters, roofs, and other typical components. Attached temporary sign means a temporary sign which is mounted, placed, or attached only to the permanent building where the business activity is conducted. The existing freeway oriented auto mall center identification sign including the electronic message board, located on 26631 Ynez Road. A painted or silkscreened, non-electric sign attached to an awning or canopy attached to the exterior of a building. Awning Sign R:~IAASEH$\SIGN'xDEFINT7.ORD 5/7/98 klb CITY OF TEMECULA Sitm Ordinance Banner, Flag, Pennant Building Official Building Frontage Business Center Can Sign Center Identification Sign Channel Letters Commercial Districts Commercial Off-Premise Sign Corporate Flag Director Any bunting, plastic, paper, or similar material used for advertising purposes that is attached to any structure, staff, pole, line, framing, vehicles or any other similar object. The Building Official of the City of Temecula or the authorized representative. The length of the building elevation(s) which fronts on a public street, public parking lot, or major pedestrian walkway. A group of three (3) or more industrial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements. Sometimes referred to as cabinet signs, a sign that is shaped like a box to enclose the source of illumination (internally illuminated) so that the light shines through the translucent portions of the signs copy panel(s). Logo boxes are not considered can signs. A sign that identifies the name of a center and is located at a center entrance. Individual three dimensional letters or figures that are affixed to a building or a freestanding sign structure. Commercial districts include Neighborhood, Community, Highway/Tourist, and Service Commercial zoning designations or their equivalent Specific Plan zoning designation. Means any sign structure advertising an establishment, merchandise, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which the sign is located. Commercial off-premise signs are commonly known or referred to as billboards. A flag of a nationally recognized corporation or company. Individual businesses with franchise agreements or individually operated business of a larger company are not be included in this definition. The Director of Community Development of the City of Temecula or authorized representative. R:~IAASEHSXSIGNADEFINT7.ORD 5/7/98 Idb CITY OF TEMECULA Sien Ordinance Community Feature A design feature combining landscaping, hardscaping, architectural features, public art, signs, or any other creative feature that can be considered a special and unique design for locations that are considered major intersections or highly visible locations within the City. Community/ Neighborhood Identification Sign A community identification sign identifies the name and/or logo of a specific plan. A neighborhood identification sign identifies the name and/or logo of a subdivision, mobile home park, or multi family complex. Construction, Contractor, Financing, or Remodeling Sign Temporary signs which states the name of the individual(s) and/or firms connected with the construction or financing of a project. Customer Entrance An entrance used by customers and patrons excluding loading entrances. Day-Glow Colors Bright florescent appearing colors, excluding signs illuminated by neon. Decorative Flag A flag or banner attached to light poles or other objects in a shopping center that provides a festive atmosphere to the center by colors, graphics, etc. and does not provide advertising space. Detached Temporary Sign Detached temporary sign means a temporary sign which is partially attached to a permanent building, or is attached to a temporary structure such as a pole or pipe, or any combination of the above. Detached temporary signs do not include portable or vehicle mounted signs. Directional Kiosk Sign Means a free standing, multiple-sided, sign structure whose main purpose is to display signs or information. Eave Line Part of the roof which projects over or meets the wall. Employment Opportunity Sign A sign that advertises the availability of an employment position within commercial, industrial, office, or residential districts where non-residential uses are permitted. Flashing Sign Any sign, except time and temperature displays that do not include advertising, which contains or is illuminated by lights which are intermittently on and off', which change intensity or color, or which create the illusion of motion in any manner, including animated signs which manifest a physical movement or rotation in one or more planes or the optical illusion of action or motion. R:~IAASEHS\SIGN~DEFINT7.ORD 5/7/98 ldb CITY OF TEMECULA Sitm Ordinance For Rent Signs Freestanding Sign Freeway Frontage Freeway Oriented Sign Frontage Future Tenant Identification Sign Incidental Sign Industrial Districts Interior Sign Logo Major Entrance Major Street or Intersection Memorial Sign Permanent signs in multi family complexes to identify availability of rental units. A sign permanently supported by one or more uprights, braces, poles, or other similar structural components, and attached to the ground or foundation set in the ground. Boundary of a parcel abutting an interstate freeway. A sign located on a parcel with freeway frontage that is oriented toward the freeway. Boundary of a building, parcel, or site along public streets including freeways, parking lots, or pedestrian malls. A temporary sign which identifies a future use of a site or building(s). A small sign, emblem, or decal informing the public of incidental information relating to the buildings on premises (i.e., name of business, telephone numbers, open, closed, hours of operation, credit cards, etcetera.) Industrial districts include Business Park and Light Industrial Zoning Districts or any equivalent Specific Plan zoning designation. A sign inside any business that is not intended to be seen from outside the building in which the business is located. A trademark or symbol used to identify a business. An automobile entrance to a shopping, office, or business center used primarily by customers with either full or restricted access. Entrances used solely for loading and unloading are not considered major entrances. A street or intersection of two streets which have an ultimate General Plan or Specific Plan right-of-way of 78 feet or more. Signs usually located on tablets, plaques, or are cut into the facade of the building. They can include religious symbols, the names of the building or site, dates of erection, and other important historical facts. R:h'qAASEHS\SIGlq~EFINT7.ORD 5/7/98 klb CITY OF TEMECULA Siam Ordinance Menu Sign Monument Sign A sign located adjacent to a drive-through lane of a fast food service facility, which lists the products available and the prices, and is designed to be read by the occupant of a vehicle. A freestanding low profile sign supported by a ~~_~ solid base (as opposed to poles or open braces). SIGN Moving Sign Non-Commercial Off-Premise Sign Office Building Office Center Office District Off-Premise Sign On-Premise Sign Monument Sign A sign whose entirety or components rotate, move, and swing in any manner to attract attention and signs consisting of any flashing, blinking, indexing, fluctuating or otherwise animated lights and components including search lights and electric message boards. Any sign exhibiting non-commercial speech or message; signage unrelated to the buying or selling of commodities or se~ices. A building whose primary function is to provide office space for professional, medical, and administrative purposes. Office buildings may include secondary and supporting retail uses that are generally located on the first floor. A group of three (3) or more office establishments planned, constructed and managed as a total entity with customer and employee parking provided on- site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements. Office district refers to the Professional Office zoning designation or any equivalent Specific Plan zoning designation.. Any sign which advertises businesses, services, goods, persons, places, or events at a location other than that upon which the sign is located. Any sign which advertises businesses, services, goods, persons, places, or events at a location upon which the sign is located. R:~XlAASEHS\SIGN~DEFINT7.ORD 5/7/98 idb CITY OF TEMECULA Sit:,n Ordinance Open Space District Permanent Sign Pole Sign Open Space district refers to the Open Space, Public Park and Recreation, and Conservation zoning designations or any equivalent Specific Plan zoning designation. A sign entirely constructed of durable materials and intended to exist for the duration of the time that the use or the occupant is located on the premises. A high profile sign supported by one or more poles or similar structures and is permanently attached directly into or upon the ground. SIGN Pole Sign Portable Sign Primary Tenant Projecting Sign A sign that is not attached to a building or structure, vehicle or trailer. Examples of portable signs include, but are not limited to: A-Frames and T-Frames. A tenant who occupies more than 50% of the total floor area of a building. A horizontally extending sign which protrudes from a building or structure below the parapet wall or eave line. I,i ll , , Projecting Sign R:~IAASEHS~SIGN~EFINT7.ORD 5/7/98 klb CITY OF TEMECULA Siz, n Ordinance Public Convenience and Warning Sign Pylon Sign An on-premise sign that contains words such as Entrance, Enter, In, Out, Restrooms, No Parking, or other similar words, and/or comains arrows or characters indicating traffic directions. Temporary Real Estate signs are not included in this group of signs. A high profile sign having a solid base and permanently attached directly into or upon the ground. Residential District Roof Sign Pylon Sign Residential districts include Hillside, Very Low, Low, Low Medium, Medium, and High Density Residential zoning designations or any equivalent Specific Plan zoning designation. A sign, together with all its parts and supports, which is erected, constructed, placed on or above, or extends above the roof, the eave line or above the top of the parapet wall of a building. SIGN W~ Prohibited Roof Signs Permitted Signs on the Roof RSNAASEHS\SIGN~EFINT7.ORD 5/7/98 klb CITY OF TEMECULA Sien Ordinance Secondary Tenant A tenant, other than the primary tenant, that shares an office building of three (3) stories or more with at least one other tenant. Sign Any object, device, display or structure, or part thereof, situated outdoors or indoors, made of any material, which is used to identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, idea, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. Sign Area Sign area for all signs, except multi-tenant signs, is computed by including the entire area within a single, continuous, rectilinear perimeter of not more than eight straight lines, enclosing the extreme edge of the writing, representation, emblem, or other display. It does not generally include any background, supporting framework, or bracing that is incidental to the display itself. In case of two sided signs, the area shall be computed as including the maximum single display surface. For multi tenant signs, the total sign area shall include the area which surrounds the lettering and the logos for all tenants (i.e., sign area for each tenant is not computed individually). x [ SHOP t SIGN ¥ Sign Area SINGLE TENANT AND MULTI TENANT MONUMENT SIGN AREAS Y Single Tenant Sisn (X x Y : Sign Area) x Multi Tenant Sign R:~IAASEHS~SIGN~EFINT7.ORD 5/7/98 idb ( X x Y = Sig n A r · a ) CITY OF TEMECULA Si~zn Ordinance Sign Copy Sign Structure Height Any words, letters, numbers, figures, characters, designs, or other symbolic representations incorporated into a sign. The greatest vertical distance measured from the finished grade to the uppermost part of the sign. Sign Structure Heights Sign Structure Sign Height Sign at Sidewalk Level Sign " Structure Height Sign Sign on Berming :i Sign Structure Sign I Height Sign on Slope ~..~ Berming - 2 feet maximum Sign Placement Area The area for the building elevation surface which the sign is directly placed on. Street Frontage Subdivision Sign Temporary Business Advertising Sign The boundary of a parcel or a building which fronts a public street. A sign used to identify residential subdivisions that contain project name, unit square feet, price, developer's name, address, and telephone number, and other pertinent information about the project. A temporary sign which is made of cloth, bunting, plastic, wood, vinyl, poster board, painted windows, or other similar materials, and which is located on site of the business use or activity, and is erected or placed for a prescribed period of time to promote, advertise, announce, or provide the following information: R:~IAASEHS~SIGNXDEFINT7B.ORD 5/7/98 klb CITY OF TEMECULA Sien Ordinance Temporary Sign Tenant Identification Sign Time and Temperature Sign Under Canopy Sign Vacancy Sign (1) Designates, identifies, or indicates the name of the business, owner, or occupant of the premises where the sign is located; or, (2) Advertises the business conducted, the services available or rendered, or goods produced sold, or available for sale upon the premisses where the sign is located. Temporary signs can include temporary business advertising signs, real estate signs, political signs, construction, contractor, financing, and remodeling signs, employment opportunity signs, future tenant identification signs, garage sale signs, helium balloons, ambient air balloons, model home signs and flags. Seasonal window displays that contain traditional holiday characters and messages and which are intended to create or enhance holiday character of an area and not reference or display service available or rendered, or goods produced, sold or available for sale are not considered temporary signs. Tenant identification signs may identify businesses or buildings. They may be either a single tenant identification sign, multi tenant identification sign, or a building identification sign. An electronically controlled changeable copy sign which conveys only infomarion such as time, date, temperature, or atmospheric conditions, where different alternating copy changes are shown on the same copy area. Each message remains displayed for a specific minimum period of time with a total blackout between message changes. The copy shall not travel in any direction. Time and temperature signs shall be included in the permitted wall or freestanding sign area and shall not include any advertising. A sign which is perpendicular to and suspended below the ceiling or roof of a canopy or permanent awning. Under Canopy Signs They are used for motels, hotels, and other similar uses to identify the availability of rooms. RNNAASEHS\SIGN~EFINT7B.ORD 5/'//98 klb ~CITY OF TEMECULA Sien Ordinance Wall Mounted Sign A permanent sign mounted on the wall of a building. W all Mounted Slfn Window Sign Window Sign means any sign which is painted, attached, glued, or affixed to a window or is otherwise easily visible from the exterior of the building where the advertised product or service is available." R:~IAASEHS\SIGNXDEFINT7B.ORD 5/7/98 klb Section 6. Article XIX of Ordinance 348, Advertising Regulations, Ordinances 91-26, Ambient Balloons, Ordinances 92-16, 93-12, 94-23, Temporary Signs, Ordinance 93-09, Outdoor Advertising Displays, Ordinance 91-40 Directional Signs, and Section 6 of Ordinance 593 are hereby repealed. Section 7. The City Council hereby determines that for the reasons set forth in the Staff Report, it can be seen with certainty that there is no possibility that this ordinance may have a significant effect on the environment. Accordingly, the City Council hereby determines that the adoption of this Ordinance is not subject to the provisions of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of the CEQA Guidelines. Section 8; This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of th is Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. P:\NAASEHS\DRAFT23F.ORD 5/12/98 idb 40 Section 9. PASSED, APPROVED AND ADOPTED this __ day of __, 1998. ATTEST: Ron Roberts, Mayor Susan W. Jones, Acting City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. ~ was duly introduced at a regular meeting of the City Council on the day of , 1998, and that thereafter, the Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 1998, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, Acting City Clerk P:\NAASEHS\DRAFT23F.ORD 5/12195 klb 41 ATTACHMENT NO. 2 PLANNING COMMISSION STAFF REPORTS R:~,STAFFRPT~S1GNORD.CC1 5/18/98 klb 11 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION October 21, 1996 Planning Application No. PA95-0127 Comprehensive Sign Ordinance Prepared By: Saied Naaseh, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: 1. O.oen the Public Hearing for PA95-0127; and, Provide Direction to Staff on Planning Application No. PA95-0127 Based Upon the Analysis Contained in the Staff Report. APPLICATION INFORMATION APPLICANT: City of Temecula PROPOSAL: A Request for Approval of a Comprehensive Sign Ordinance to introduce new standards for signs and incorporate a number of existing ordinances relating to signs into a unified ordinance. LOCATION: Citywide BACKGROUND When the citizens of Temecula voted to incorporate in December of 1989, they envisioned a better quality of life and a greater control over the future of Temecula. In November of 1993, the City Council adopted the General Plan which set the foundation for this vision. The City Council adopted a new Development Code earlier this year to replace the zoning provisions of County Ordinance 348. The next step in the process is adoption of a comprehensive sign ordinance to replace the sign provisions from Ordinance 348. The new sign standards are intended to further fulfill the community's vision and implement the General Plan. These standards include provisions from existing ordinances such as Temporary Signs, Billboard, Kiosk Program, and Ambient Air Balloons. The standards from existing ordinances have not been modified in the new ordinance. R:\STAFFRPT~I27PA95.PCl 5/15/98 sn 1 Sign Committee The City Council appointed a representative Sign Committee composed of business people and private citizens to develop sign standards that are tailored to Temecula's needs, (refer to Attachment 3 for a list of the Sign Committee members). This committee has spent numerous hours since April 1996 to develop these proposed sign standards that will both appropriately identify businesses and enhance the visual character of Temecula. The challenge the Sign Committee faced was to create an ordinance that balances the effectiveness of signs to inform people about businesses and, at the same time, enhances Temecula's character and image. In order to find out the image the committee wanted or did not want for Temecula, staff presented a slide show that showed desirable and not so desirable signage in different communities in the area. After the slide show, the Committee was in agreement that cluttered signage does not necessarily provide better exposure to business. In fact, the opposite was noted, and the Committee expressed a need for signage to be clear and uncluttered. Design and quality of signs also played an important role in the effectiveness of the signs and more importantly in the image of the community. The committee members agreed that undesirable signage has a direct correlation with the image of community perceived by residents and visitors alike. Throughout the process of developing the sign standards, the Committee members agreed on most issues by discussing the issues in detail. However, in the few instances where a unanimous agreement was not possible, a general consensus of the committee determined the issue. Community Meeting To share the committee's draft ordinance with the public, staff held a Community Meeting on October 14, 1996. A notice was mailed to over 1,200 registered business owners in Temecula and advertised in the newspaper to invite them to this community meeting. The notice was postmarked on October 3, 1996. The meeting was also open to everyone who is concerned about the future of Temecula. In the community meeting, staff presented a brief overview of the new sign standards and the public had an opportunity to ask questions and voice their opinions about the new standards. At the community meeting, the audience raised a number of issues including the need to permit free-standing freeway signs, the number of permitted tenants on multi-tenant signs, the unified design of real estate signs, and non-conforming signs. The audience was also concerned about the lack of publicity and amount of time available for them to review the draft sign ordinance which has been available to the public since October 7, 1996. Staff would like to receive direction on these issues from the Planning Commission. The following list provides a more detailed list of the concerns expressed by the business community: Freestanding freeway signs should be allowed for all parcels and businesses in close proximity to the freeway. Hot air balloons should be allowed in more shapes than just the typical balloon shape R:\STAFFRPT\127PA95.PCI 5/15/98 sn 2 Temporary banners should be allowed for apartments to allow them to advertise specials. The 4 square foot sign area permitted for rental signs for multi family complexes is not adequate. The permitted 20 square feet for identifying multi family complexes on a monument sign may be too small for some existing signs. Real estate signs should not be required to follow a standardized design which might not be appropriate for all applications. For leasing small spaces, the cost of the standardized sign becomes prohibitive. In these cases, a smaller sign is more appropriate. Larger signs may be appropriate for larger areas. The proposed design would also have high maintenance cost since the sprinklers will damage the paint over time. The permitted residential real estate signs need to increase in size from 4 square feet to 6 square feet. The number of permitted open house signs for each residential unit should be increased from one per intersection to two per intersection. Multi-tenant signs should be allowed to advertise more than the permitted three tenants. A maximum area should be specified for the sign and centers should determine the number of tenants on the sign. If tenants are not identified on free standing signs along the street, traffic problems will be created as a result since the cars would slow down to read the wall mounted signs to find the business they are looking for. Roof signs should be allowed in certain circumstances. Allow all non-conforming sign to stay forever. PROJECT DESCRIPTION To describe the structure of the new sign ordinance, the following table compares the components of the existing ordinances and the proposed ordinance. The new ordinance provides for many more categories of signs than the existing ordinances permitted. The most significant difference between the current standards and the proposed ordinance is that the new ordinance allows significantly more types of signs. R:\STAFl~RPT~I27PA95.PC1 5/15/95 sn ~ Comparison of the Existing and Proposed Sign Standards Type of Sign Political Signs Real Estate Signs Sign Programs Design Standards Freestanding Freeway Oriented Signs Wall Mounted Freeway Oriented Signs Center Identification Signs Multi-Tenant Identification Single Tenant Identification Signs Wall Mounted Business Identification Signs Wall Mounted Business Identification Signs for Office Buildings 3 stories or More Wall Mounted Building Identification Signs Projecting Signs Under Canopy Signs Awning Signs Directional Signs for Single Parcels Directional Signs for Shopping Centers Directory Signs for multi-tenant commercial and residential developments Temporary Business Identification Signs Ambient Air Balloons Kiosk Signs Existing Standards X X X X X X X X X Proposed Standards X X X X X X X X X X X X X X X X X X X X X R:~IAASEHS\SIGN\348.COM 5/15/98 sn 4 The following provides a more detailed comparison of the existing and proposed standards for all signs that are currently permitted by the existing ordinances: Freeway Oriented Signs The new ordinance proposes significant changes to freeway signs. The image of a community is often perceived by the number and quality of freeway signs. The existing ordinance permits all parcels and shopping centers within 660 feet of the freeway to have freestanding freeway signs. Other than the maximum height and area of the signs, there are no other restrictions in the existing ordinance. For example, a shopping center could have an unlimited number of freeway signs identifying all their tenants on several multi-tenant freestanding signs or several single tenant freestanding signs, resulting in a crowded freeway scene. The result of permitting parcels or shopping centers within 660 feet of the freeway to have freestanding freeway signs is many tall pole signs that are not located adjacent to the freeway. The new ordinance does not permit freestanding freeway oriented signs for single tenants; however, it does allow for larger that usually permitted wall mounted signs oriented towards the freeway. The committee felt that permitting the wall signs allows for appropriate identification of the businesses along the freeway. The following provides a more detailed comparison of the existing and proposed standards for freeway signs, Existing Freestanding Number: Height: Area: One freestanding per parcel or shopping center within 660 feet of the freeway. 45 feet 150 square feet Wall Mounted Area: 10% or 5% of the building area facing the freeway (same size as other wall mounted signs) Proposed Freestanding Number: Height: Area: One per shopping centers larger than 7 acres abutting the freeway 25 feet, higher permitted only with a flag test but shall not exceed 40 feet 150 square feet Wall Mounted Number: Area: One per travel oriented business which occupies an entire parcel and the parcel abuts the freeway 1.5 square feet per lineal feet of building frontage (larger than other wall mounted signs) R:hNAASEHS\SIGI~345.COM 5115198 sn -~ Freestanding Center Identification Signs The new ordinance provides for perhaps the most generous allotment for center identification signs of any other ordinance. The major reason for this allotment is the way these signs will be required to be designed. These signs are required to be made part of the design of the landscaping at the entrance of the project. Architecturally, the background of the signs must be of a material commonly used in the building or the center. The illumination of the letters can be only external flood lighting or reverse channel lettering. Reverse channel lettering is when there is a gap between individual letters and the background, the light is placed behind the letters, the light cannot shine through the letters, and background is lit as a result. The following provides a more detailed comparison of the existing and proposed standards for center identification signs. Existing No provisions provided. Proposed Number: Height: Area: One per major entrance of a shopping center, plus one at major intersections 4 feet for centers 7 acres or less 6 feet for centers more than 7 acres 20 square feet per sign face for centers 7 acres or less 30 square feet per sign face for centers more than 7 acres Tenant Identification Signs The existing ordinance does not specifically address tenant signs which include both single tenant signs and multi-tenant signs. One of the important standards for multi-tenant identification signs in the new ordinance is limiting the number of tenants to three. The biggest concern of the committee was readability of multi-tenant signs while traveling in a car. The excessive number of tenants identified on each signs together with small letter sizes, led the committee to limit the number of tenant on each sign to three (3) and a generous total area of 90 square feet for the sign. Another important standard added to the new ordinance will significantly improve the design of freestanding tenant signs. Plastic backgrounds will not be permitted under the new standards. Instead, the backgrounds must be a material compatible to the building or center. This will eliminate the illumination of the background and leaves the letters the only illuminated area of the sign which adds to the perceived area of the sign, makes the sign smaller, and makes the sign blend in with the surrounding buildings instead of standing out as an added feature of a shopping center or development. The number of permitted signs varies with the size of the center; therefore, it is more difficult to compare it to the existing standards. The standards are designed to eliminated a row effect of signs and at the same time provide ample opportunity for the tenants to identify themselves. The following provides a more detailed comparison of the existing and proposed standards for tenant identification signs. R:~NAASEHS\SIGN~48.COIVI 5/15/98 sn {~ Existing Number: Single Tenant: Multi-Tenant: Area: 50 square feet Height: 20 feet One per parcel in shopping center or freestanding parcel not in a shopping center Policy is to permit one per street frontage (Policy is to permit 6 feet for single tenant identification signs and 12 feet for multi-tenant identification signs) Number of tenants on Multi-Tenant Signs: No maximum is specified Proposed Number: Area: One tenant sign per 300 lineal feet of center frontage At least half of the tenant identification signs shall be single tenant identification signs Multi-Tenant: Single Tenant: Height: Multi-Tenant: Single Tenant: 90 square feet 25 square feet (except service stations: 50 square feet, and theater signs 150 square feet) 12 feet 6 feet (except theater signs 15 feet) Number of tenants on Multi-Tenant signs: 3 Wall Mounted Business Identification Signs The new standards provide a different calculation for wall mounted wall signs. However, this standard is widely used in the industry and still provides adequate identification to the businesses. One of the noteworthy changes includes the prohibition of wall mounted can signs. The following provides a more detailed comparison of the existing and proposed standards for wall mounted signs. Existing Number of Signs: Area: One per suite Front and sides: Rear: 10% of the building surface area 5% of the building surface area Proposed Number of Signs: Area: One per frontage for each tenant 1 square feet per lineal feet of building frontage, but shall not exceed 100 square feet R:~IAASEHS\SIOI~348.COM 5/15/98 sn 7 Directional Signs The following provides a more detailed comparison of the existing and proposed standards for directional signs: Existing Area: 6 square feet Height: 3 feet Proposed Area: 3 square feet Height: 3 feet Real Estate Signs The new standards are generally more generous than the existing standards in terms of area and height of signs. The Committee was concerned about the permanent nature of most real estate signs and that was the reason for adopting a standardized sign for all commercial, office, and industrial districts. The following provides a more detailed comparison of the existing and proposed standards for real estate signs. Existing Single family and duplex: Area: 4 square feet Height: 4 feet Multi Family: Area: 16 square feet Height: 8 feet Commercial: Area: 24 square feet Height: 8 feet Industrial: Area: 32 square feet Height: 10 feet Proposed Single Family and Duplex, triplex, and four plex: Area: 4 square feet Height: 6 feet Commercial, Office, and Industrial Area: 32 square feet Height: 8 feet Political Signs Political signs have to follow certain standards set by either state law or case law. The R:~'~AASEHS\SIC~N~348.COM 5/15/95 sn ~ following provides a more detailed comparison of the existing and proposed standards for political signs. Existing Area: 16 square feet per sign and 80 square feet per parcel Height: 6 feet Placement Prior to Election: 90 days Removal after the election: 10 days No signs on tree, shrubs, and improved portion of any street used for traffic or parking. Shall be removed 5 days after the notice of violation is issued. If not removed 10 day after election, shall be removed by City and owner billed to recover cost to remove. Proposed Area: 16 square feet per sign Height: 6 feet Placement Prior to Election: 90 days Removal after the election: 14 days No signs on tree, shrubs, and improved portion of any street used for traffic or parking. Shall be removed 5 days after the notice of violation is issued and owner billed to recover cost to remove signs. Subdivision Signs The following provides a more detailed comparison of the existing and proposed standards for subdivision signs. Existing Number: 2 Area: 100 square feet Not within 100 feet of an existing residence located outside the subdivision. Proposed Number: One per subdivision if 5 acres or less Two per subdivision if more than 5 acres Area: 100 square feet Height: 12 feet Allows for more signs for subdivisions with several builders Sign Programs The new Ordinance includes a section on sign programs which the existing Ordinance does not contain. In this section, all commercial, office, and industrial multi-tenant projects with two or more tenants and single tenant developments with 5 or more signs are required to have a sign program. Sign programs are required to be approved with the Development Plan approving a new project. The intent of this requirement is to require the designers of a development to R:h~IAASEHS\SIGN'k345.COM $115198 sn ~) think about signage as a part of the development and not as an after thought. The design and location of all freestanding signs and the location of all wall mounted signs will be required to be shown. Non-Conforming Signs Non-Conforming signs are signs that were constructed in accordance with applicable standards at time of construction and which no longer meet the requirements of the new Ordinance. State law requires the cities to pay the owners fair market value of signs that become non- conforming because of the adoption of new standards. An alternative provided in state law allows the cities to establish a reasonable amortization period based on the life expectancy of signs. The following provides the proposed non-conforming amortization schedules: Temporary Signs - 6 Months Signs with Wooden Face or Supports - 1 Year Wall Signs - 7 Years Monument Signs - 7 Years Pylon and Pole Signs - 10 Years, All other Permanent Signs - 10 years Inventory State law requires cities adopting new sign standards to inventory all existing signs within the city within six (6) months of the date of adoption of this Ordinance to identify those which are illegal, abandoned, or not appropriately maintained. No later than eight (8) months after the date of adoption of this Ordinance, the City shall commence issuance of Notices of Violations for illegal and abandoned signs and Notice to Maintain, Alter, or Repair for signs not appropriately maintained as identified by the inventory. Additional Committee Recommendations The following provides a summary of additional Sign Committee recommendations that have not been incorporated into the proposed standards since they were not in the scope of responsibility of the Committee. Enforcement Increase active enforcement of the sign ordinance including the temporary sign ordinance to eliminate "forever banners" and other temporary signs that have become more permanent in nature. Utilize administrative citations to eliminate the red tape of the court system and recover a portion of the City's enforcement cost. Hire temporary workers to clean up political signs after elections, if deemed necessary by the Building Official. Use community resources such as home and business owners associations to reduce the cost and time burden of enforcement. For example, home owners associations can assist the City in garage sale signs clean up. R:LNAASEHS\SION~348.COM 5115198 sn 10 Fees Require a deposit for removal of temporary signs at the time of issuance of temporary sign permits. Assess higher permit fees if signs are placed or erected with no permit and try to obtain permits later. Assess fines that make a person think twice when they are about to violate the sign ordinance. Education and Incentives Immediate notification of business and property owners about the new sign standards including temporary signs and non-conforming signs. Provide economic incentives to improve existing non-conforming signage. GENERAL PLAN CONSISTENCY This project is consistent with the General Plan since the General Plan implementation program requires the City to adopt sign standards for residential, commercial, and industrial areas. ENVIRONMENTAL DETERMINATION It is determined that the project would have no effect on the environment and was therefore exempt from requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3). SUMMARY/CONCLUSIONS Adopting new sign standards means achieving a balance between the effectiveness of signs to inform people about businesses and to enhance Temecula's character. The new sign ordinance contains standards that are generally more lenient than our existing standards with the exception of freeway signs, multi-tenant signs, and the design of freestanding signs. Finally, non-conforming signs are one of the most controversial issues a municipality has to deal with. The design standards included in this ordinance will improve the quality of signage in Temecula. Attachments: Ordinance No. 96- - Blue Page 12 Various Correspondence Regarding the Sign Ordinance - Blue Page 13 Sign Committee Members - Blue Page 14 R:'uNAASEHS\SIGH~348.COM 5/15/98 sn 11 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION February 24, 1997 Planning Application No. PA95-0127 Comprehensive Sign Ordinance Prepared By: Saied Naaseh, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: 1. _OJZe, Q the Public Hearing for PA95-0127; and, Provide Direction to Staff on a Number of Issues Regarding Planning Application No. PA95-0127 Based Upon the Analysis Contained in the Staff Report. APPLICATION INFORMATION APPLICANT: City of Temecula PROPOSAL: A Request to Obtain Planning Commission Direction on a Number of Issues Regarding the Proposed Sign Ordinance LOCATION: Citywide BACKGROUND On October 21, 1996, the Planning Commission held the first public hearing on the proposed Sign Ordinance. At that meeting, the Planning Commission took public testimony on the proposed ordinance. A number of individuals from the business community requested the Planning Commission delay the approval of the proposed ordinance to provide additional time for them to review the ordinance and meet with staff. A summary of public comments is included in Attachment 4. The Planning Commission directed staff to invite these individuals to form a group and meet with them in order to address their concerns. Staff arranged several meetings with this group, hereafter called the Comment Group. The result of these meetings was a document that recommended 46 changes to the proposed ordinance (refer to Attachment 6). The 46 changes were later shared with the Sign Committee. The Sign Committee agreed with 25 of the recommended changes by the Comment Group which were then incorporated into the ordinance by staff. The remaining 21 issues were consequently presented to the Comment Group to try to reduce the number of unresolved issues between the two groups (refer to Attachment 7). After the meeting, the Comment Group still disagreed with the Sign Committee on some issues. These remaining issues are the R:~STAFFRPT~I2'7PA95.PC.4 5/15/95 klb 1 subject of this Staff Report and staff is requesting the Planning Commission to provide specific direction on each of these issues (refer to Attachment 8). In addition with meeting with the Comment Group and the Sign Committee, staff met with the Temecula Apartment Owners Association and the Temecula Auto Dealers Association to receive input from these groups to address their needs in the new ordinance. The Apartment Owners Association requested staff provide provisions in the ordinance to allow them to promote themselves through the Kiosk Program and the limited use of banners and flags. These provisions are discussed in more detail in Comment //11 , Attachment 7. The auto dealers requested staff to ensure inclusion of provisions for special events that the auto dealers hold regularly to promote special sales. This provision is included in Section 17.28.600 (e) of the Ordinance. The majority of the auto dealers also committed to remove all their existing temporary signage to set a good example for the community. However prior to their removal, they would like a commitment from the City to enforce the Sign Ordinance throughout the City. DISCUSSION Staff would like to obtain direction on each of the remaining issues listed in Attachment 8. Attachments: 2. 3. 4. 5. 6. 7. 8. Ordinance No. 97- - Blue Page 3 Various Correspondence Regarding the Sign Ordinance - Blue Page 4 Comment Group Members - Blue Page 5 Public Comments - Planning Commission Hearing, October 21, 1996 - Blue Page 7 Planning Commission Minutes, October 21, 1996 - Blue Page 10 46 Changes Recommended by the Comment Group - Blue Page 11 21 Issues the Sign Committee Did not Agree with the Comment Group - Blue Page 12 Final List of Issues - Blue Page 13 R:\$TAFFRPT~I27PA95.PC4 5115198 Idb 2 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 21, 1997 Planning Application No. PA95-0127 Comprehensive Sign Ordinance Prepared By: Saied Naaseh, Associate Planner RECOMMENDATION: The Planning Department Staff recommends Commission adopt PC Resolution No. 97- APPLICATION INFORMATION APPLICANT: PROPOSAL: LOCATION: BACKGROUND the Planning City of Temecula A Request to recommend approval of a Comprehensive Sign Ordinance Citywide This item was continued off-calendar from the February 12, 1997. requested Planning Commission's direction on six issues regarding the Sign Ordinance. following summarizes the Planning Commission's direction on these issues: Non-Conforming Signs At that meeting staff The The Planning Commission determined that all legal non-conforming signs should be permitted to exist without starting any amortization period until a sign inventory has been completed. After the inventory, the Ordinance will be amended to add provisions relating to the removal of non-conforming signs, refer to Section 17.28.960. Uniform Real Estate Signs The Planning Commission determined that real estate signs do not need to follow a uniform design standard. As a result, this provision has been deleted from the Ordinance. Placement of Freestanding Signs either Parallel or Perpendicular to Streets The Planning Commission determined that most signs should be placed perpendicular to the street; but that the Ordinance needs to be flexible to permit other orientations. Asa result, changes have been made to Section 17.28.070 (a) (1) d. R:\STAFFRl~127PA95.PC7 6130197 klb ~ Minimum Size of Centers for Permitting Freestanding Freeway Oriented Signs The Planning Commission was split on this issue and requested staff to provide information regarding undeveloped parcels along the freeway. This information is discussed in more detail later in the Staff Report in the Discussion Section. Minimum Letter Sizes for Multi Tenant Signs The Planning Commission determined that five inch (5") minimum letter sizes with ten inch (10") panels and one panel per line should ensure the visibility of the tenants on multi tenant signs. This has been addressed in Sections 17.28.230 (a) (5), (6), and (7). Multi Tenant Signs in Industrial Districts The Planning Commission determined that multi tenant signs are appropriate for industrial districts and directed staff to bring back the standards for these signs for the Commission's review. This is also discussed later in the Staff Report in the Discussion Section. DISCUSSION The first time the Planning Commission reviewed the proposed Sign Ordinance was in October 21, 1996. Since that time, the ordinance has been modified substantially asa result of Sign Committee, Comment Group, and City Attorney recommendations. As a result, staff has included a redline/strike out version of the current Ordinance in Attachment 2. This version shows only the major changes to the original ordinance and does not include minor grammatical modifications. In this Ordinance, the new language is shown as underlined and deleted language as i(11:(11~!1!!i~'~!~i~i~.i~ (shadow). In addition, Attachment 1, Exhibit A includes the most up to date version of the Ordinance that is being recommended for approval by the Sign Committee and staff. Permitting Multi;Tenant Signs in Industrial' Districts At the previous meeting, the Commission stated that multi tenant signs in industrial districts should be allowed and requested that staff develop standards for these signs. Staff has evaluated some of the existing signage and recommends the following standards: Each center shall be allowed one multi tenant sign. However, if the center has more than one street frontage, one multi tenant sign per street frontage shall be allowed. Maximum sign structure height shall be 6 feet. Maximum sign area shall be 20 square feet. The center name may be added to multi tenant signs but the total sign area including the center name shall not exceed 20 square feet. The maximum number of signs per panel shall be one. The minimum panel width shall be 5 inches. The minimum letter size shall be 3 inches. Minimum Size of Centers for Permitting Freestanding Freeway Oriented Signs The Planing Commission requested staff to provide vacant parcel and existing center sizes along the freeway. This information is provided in Attachment 3 along with the frontage for each R:\STAFFRPT~I27PA95.PC7 6/30/97 klb 2 parcel. Staff continues to recommend a minimum 7 acres for centers in order to permit multi tenant signs. The following represents the acreage of the existing centers adjacent to the freeway that are between 3 and 7 acres: //5 //36 //72 Carl's Jr. and Kragen Center Tony Romas Mini Mart, Around a Buck Winchester andYnez 3.52 Acres Jefferson south of Winchester 4.56 Acres South Front Street 4.48 Acres The following represents the individual vacant parcels between 3 and 7 acres that could be developed as centers: //3 West of Ynez north of Gold's Gym 6.5 Acres //16 West of Ynez between the car dealers and Tower Plaza 4.5 Acres Attachment 4 includes correspondence from the Chamber of Commerce supporting Mr. Fred Grimes's position on the six remaining issues discussed in the previous Planning Commission hearing. Mr. Grimes was a member of the Comment Group and the Chamber of Commerce had a representative on the Sign Committee to represent the interests of the Chamber. ENVIRONMENTAL DETERMINATION The Planning Commission hereby determines that the provisions of this Ordinance will have no effect on the environment and the proposed Ordinance is therefore exempt from requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3). This section indicates that, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to the provisions of CEQA. GENERAL PLAN CONSISTENCY This project is ~nsistent with the General Plan since the General Plan implementation program requires the City to adopt sign standards for residential, commercial, and industrial areas. Through the adoption of this Ordinance, General Plan goals relating to the urban design and community character are being fulfilled. FINDINGS Adoption of the Ordinance would: o Provide for effective business signage; Assure that signs are compatible with the character of their surroundings and the community as a whole; Preserve and improve the appearance of the City as a place to live, work, trade, do business and visit; Protect the City from the blighting influence of excessive signage so as to preserve and enhance the economic base of the City and safeguard property values within the City; R:\STAFFRPT\I27PA95.PC7 6/30/97 Idb 3 Assure that signs are appropriate to the type of activity to which they pertain; Regulate signs so as to avoid increasing the hazards to motorists and pedestrians caused by distracting signage; Recognize that the eventual elimination of existing signs that are not in conformity with the provisions of this Chapter requires further analysis of the existing signs in the City. Attachments: PC Resolution No. 97- - Blue Page 5 Exhibit A - Ordinance No. 97- - Blue Page 9 Redlined Copy of the Sign Ordinance - Blue Page 10 Inventory of Vacant Parcels and Existing Center Sizes - Blue Page 11 Chamber of Commerce Correspondence - Blue Page 12 R:\STAFFRPT~I27PA95.PC7 6/30/97 ldb 4 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION May 5, 1997 Planning Application No. PA95-0127 Comprehensive Sign Ordinance Prepared By: Saied Naaseh, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission continue the discussion of the Sign Ordinance. APPLICATION INFORMATION APPLICANT: City of Temecula PROPOSAL: A Request to Recommend Approval of a Comprehensive Sign Ordinance LOCATION: Citywide BACKGROUND This item was continued by the Planning Commission from the April 21, 1997 meeting. At that meeting, Planning Commission took public testimony, initiated the discussion of the Sign Ordinance and recommended a number of changes to the Ordinance. Some of these changes will req?ire further staff analysis and will be presented to the Commission as soon as the analysis by staff is complete. The items to be researched by staff include: stricter requirements for vehicle signs and the height of freeway signs in relation to ever growing landscaping. The changes recommended by the Commission will ultimately be incorporated into a redlined Ordinance prior to the final action by the Commission. DISCUSSION At the last meeting, the Commission stopped their discussion on Page 12, Section 17.28.070 (a) (4). The discussion of the Planning Commission included prohibiting painted window signs, exploring other means than the Sign Ordinance to prohibit certain vehicle signs, reducing the permitted area for Window Signs to less than 10% of the window area, and the height of freeway signs in relation to the ever growing landscaping. The members of the public requested the Planning Commission to ensure adequate signage for multi tenant office buildings and adequate freeway signage for small commercial centers along the freeway. In addition, creating an aesthetically pleasing community through appropriate sign regulations will make Temecula an inviting place for businesses to relocate. Staff recommends the Planning Commission continue the discussion of the Ordinance, until the entire Ordinance is discussed by the Commission. Attachments: 1. April 21, 1997 Planning Commission Staff Report- Blue Page 2 R:\STAFFRPT~I27PA95.PC9 6/30/9'7 sn I STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION May 19, 1997 Planning Application No. PA95-0127 Comprehensive Sign Ordinance Prepared By: Saied Naaseh, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission continue the discussion of the Sign Ordinance. APPLICATION INFORMATION APPLICANT: City of Temecula PROPOSAL: A Request to Recommend Approval of a Comprehensive Sign Ordinance LOCATION: Citywide BACKGROUND This item was continued by the Planning Commission from the May 5, 1997 meeting. At that meeting, Planning Commission continued the discussion of the Sign Ordinance and recommended a number of changes to the Ordinance. The only change at that meeting which required further staff analysis was the percentage of window sign coverage. Other changes recommended by'the Commission will ultimately be incorporated into a redlined Ordinance prior to the final action by the Commission. DISCUSSION At the last meeting, the Commission stopped their discussion on Page 27, Section 17.28.300. This Staff Report includes all the issues that needed to be researched by staff at two previous Planning Commission meetings. These issues include prohibiting painted window signs, reducing the permitted area for window signs to less than 10% of the window area, and the height of freeway signs in relation to the landscaping along the freeway. Window Signs Window signs are considered temporary signs which were the center of great controversy when the City Council adopted the Temporary Sign Ordinance in 1993. Through the process of drafting the new ordinance, Staff directed the Sign Committee not to recommend changes to the Temporary Sign Ordinance. Staff has made only minor clarifications 1~o this part of the ordinance with the exception of modifications to the provisions for window signs and adding provisions for temporary banners for apartment complexes. The following discussion provides staff's recommendation on window signs. The detailed-provisions for the apartment complex banners is included in Sections 17.28.700 (b) and (c). R:\$TAFFRPT\I27PA95.P10 6/30/97 sn ~[ The changes to the existing window signs section included in the proposed Ordinance are recommended by staff and the Sign Committee for easier enforcement of the Ordinance. The existing temporary sign ordinance exempts window signs including painted signs with less than 10% coverage from obtaining a permit and prohibits window signs with over 75% coverage. In addition, it allows window signs between 10% and 75% for a 90 day period annually with a permit. The enforcement of these provisions has been difficult, since it is necessary to keep track of three different sizes for window signs, less than 10%, more then 10% but less than 75%, and more than 75%. In addition, it is necessary to keep track of number of days the window signs are displayed. Therefore, staff has recommended language in the proposed ordinance which exempts window signs with less than 25% coverage from obtaining a permit and prohibits window signs with more than 25% coverage. The down side of this provision is that it potentially turns temporary window signs to a more "permanent" signs. Furthermore, the Sign Committee added a provision to prohibit "day glow" colors for window signs. Staff believes these provisions are reasonable and allow the business owners to place advertisements on windows, including painted window signs, without obtaining a permit as long as the signs are less than 25% coverage and are not "day glow" colors. Further restriction of window signs as proposed by the Planning Commission will probably cause further controversy once staff attempts to enforce these provisions. Height of Freestanding Freeway Signs The Planning Commission expressed a concern regarding the height of freeway signs as the height seems to be dictated by the height of the trees within the CaloTrans right-of-way. Staff proposes two solutions to resolve this issue. One solution involves re-vegetation of the Cal- Trans right-of-way along 1-15 to remove the eucalyptus trees and replace them with trees having a broader canopy and less height at maturity. This solution could take a long time to develop and will have substantial cost to the City. The other solution is placing a maximum height for the sign regardless of the visibility of the sign and eliminating the flag test procedure. If the sign is not visible at the maximum permitted height, the applicant needs to work with Cal- Trans to trim the trees, remove the trees and re-plant them as required by CaI-Trans, lace the trees, or raise th~ skirt of the trees. Staff recommends a maximum height of thirty (30) feet for freestanding freeway oriented signs. This recommendation is based on the height of the following existing freeway signs: In and Out Burgers 30'-00" Jan Weilert/ Hungry Hunter 25'-00" Texaco 55'-00" Wendy's 28'-04" Denny's 41 '-06" Midas 30'-00" Palm Plaza 36'-00" Arby's 28'-00" The down side for a 30 foot maximum is that the owners of existing freeway oriented signs R:\STAFFRPT~I27PA95.P10 6/30/97 an 2 with heights less than 30 feet couM apply to raise the height of their signs to 30 feet. Freeway Oriented Signs in Commercial Districts The Planning Commission has not discussed the freeway signs section for commercia~ districts, Section 17.28.210 (a). The following is a modified version of this section which incorporates some new ideas. New text is shown in bold and deleted language is shown in ~'e'd!iip~d text. Staff would like to receive Planning Commission input on these ideas. After staff receives direction from the Planning Commission these changes will be incorporated into the Ordinance, including clarifications to other parts of the Ordinance. The following is staff's recommendation for Section 17.28.210, Freeway Oriented Signs in Commercial Districts: Freeway Oriented Signs in Commercial Districts Freeway oriented signs are only permitted for parcels or shopping centers with freeway frontage. They are permitted as freestanding or wall mounted signs. Freestanding signs may identify centers, multiple tenants, and/or single tenants. Wall mounted signs may identify single tenants occupying an entire building and located on a parcel. ~.~_~ii~:.!!!!i:~!i'~i~:.'~i~.'i~:~:i'~:i'C~?:ii~.i:'~i'i~'i§~11!i~.~i~! (a) Requirements for Freestanding Freeway Oriented Signs in Commercial Districts (1) Number of signs permitted: One single tenant identification sign per parcel not located in a shopping center that is occupied entirely by one business. These business shall not be permitted a single tenant identification monument sign along their street frontage. However, if three or more parcels join together to erect a multi tenant freeway oriented sign, they all shall be allowed single tenant identification monument sign along their street frontage and shall be permitted a total of four signs including the freestanding freeway sign, wall mounted signs, and freestanding tenant identification signs. One multi tenant identification sign per shopping center if the shopping center is larger than 7 acres. Two multi tenant identification signs per shopping center if the center has greater than 1330 feet of frontage. (2) Maximum sign area shall be: ao 50 square feet for single tenant identification signs. 100 square feet for multi tenant identification signs. may include the center's name. The permitted sign area (3) Maximum sign structure height shall be i'i~i..5 30 feetii~ii~i~:.~.~(iii~t~.~i~i~i?~.~ji.:~`~(;~:~i~.~?~ii!i~:.~!.:a..~i~;i.~.~ justified through the use of a flag test. However, these signs shall never exc¢.9d ,-'-5 feot (4) A freestanding freeway oriented sign shall only be allowed as a pylon sign. Pole signs R:\STAFFRPT\127PA95.PI0 6130i97 so 3 shall not be allowed. (5) Multi tenant signs shall identify a maximum of three tenants. (6) Businesses with freestanding freeway signs shall only be permitted a maximum of three signs, or four signs as permitted by Section 17.18.210 (a) (1) (a), which may include a freestanding freeway sign, a wall mounted sign i~..~i~:~.~ii~:!i~.~:.:~!~!~:~i~:~:q~i~..~:~i~.~i.~i.~.!~.~iii~.~.~.~:?~.t~.~ ~i~11~111~:i:i~i'~:~, and a monument sign identifying the business on a street oriented single or multi tenant sign. (b) Requirements for Wall Mounted Freeway Oriented Business Identification Signs in Commercial Districts Same as Section 17.28.240. Freeway Signage for Small Centers A member of the public requested the Planning Commission ensure adequate freeway signage for small commercial centers along the freeway. The proposed Ordinance provides for this signage in terms of wall mounted signs along the freeway for each tenant in multi tenant commercial buildings. However, the proposed Ordinance in its current form only permits freestanding freeway oriented signs for centers larger than 7 acres. Staff included an inventory of all parcels and centers along the freeway in the April 21, 1997 Staff Report which revealed there are three centers and two vacant parcels in the City between 3 and 7 acres in size. The following list represents these centers and parcels: Carl's Jr. and Kragen Center Tony Romas Mini Mart, Around a Buck Winchester and Ynez 3.52 Acres Jefferson south of Winchester 4.56 Acres South Front Street 4.48 Acres The following represents the individual vacant parcels between 3 and 7 acres that could be developed as centers: West of Ynez north of Gold's Gym West of Ynez between the car dealers and Tower Plaza 6.5 Acres 4.5 Acres Staff recommends the Planning Commission continue the discussion of the Ordinance until the entire Ordinance is discussed by the Commission. Multi Tenant Office Buildings In addition, another member of the public requested the Planning Commission to ensure adequate signage for multi tenant office buildings. Section 17.28.250 is specifically written to address the signage needs of multiple story office buildings. This section provides for two signs for the primary tenant and one sign for four secondary tenants in the building. Proliferation of signs is strongly discouraged as it detracts from the architectural design of the building. However, Section 17.28.325 of the Sign Ordinance needs to be deleted which prohibits wall mounted freeway oriented signs for multi tenant buildings. Attachments: R:\STAFFRPT\127PA95.P10 6/30/97 sn ~' MEMORANDUM TO: Planning Commission FROM: DATE: Saied Naaseh, Associate Planner June 27, 1997 SUBJECT: Sign Ordinance On May 29, 1997, the Planning Commission continued the Sign Ordinance to the July 7, 1997 meeting. Attached are copies of the final Ordinance. Attachment No. 1 includes the redline copy of the final ordinance. This copy shows all changes made by the Planning Commission and the City Attorney to the copy of the Ordinance reviewed by the Planning Commission on April 21, 1997. The underlined text is added language and the !j~i~11!~!i:~:~!~i~ text is the deleted language. Attachment 2 is a clean copy of the final Ordinance. Staff Report for the Sign Ordinance as well as other items on the July 7, 1997 agenda will be delivered under a separate cover by July 3, 1997. R:kNAASEHS\PA12795.PCM 612:-1197 sn STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION July 7, 1997 Planning Application No, PA97-0221, Old Town Specific Plan Amendment, Parking In Lieu Fee Prepared By: Saied Naaseh, Associate Planner RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: ADOPT Resolution No. 97- recommending approval by the City Council of Planning Application No. PA97-0221 (Old Town Specific Plan Amendment) based upon the Analysis and Findings contained in the Staff Report. APPLICATION INFORMATION APPLICANT: City of Temecula PROPOSAL: A request for approval of an amendment to the Old Town Specific Plan to allow for the payment of the parking in-lieu fee in place of the required parking spaces. LOCATION: Old Town BACKGROUND By adopting Old Town Specific Plan, the City Council committed to provide public parking lots to attract tourists and residents to Old Town. The studies in the Specific Plan identified a short-fall of 360 parking spaces at the build-out of the Tourist Retail Core. The purchase, design, and construction of the Sixth Street Parking Lot/Restrooms with 78 parking spaces was the first step towards providing the needed parking spaces in Old Town. The 1997-98 Capital Improvement Program includes approximately $875,000 for acquisition, design, and construction of future parking spaces in Old Town. The Specific Plan also encourages the adoption of an in-lieu parking fee to help the City pay for the construction of these parking lots. DISCUSSION The proposed amendment adds the language necessary to give developers in Old Town a choice between providing the required number of on-site parking spaces or paying the in-lieu parking fee. It should be noted that the payment of this fee is voluntary and does not constitute an ownership interest of parking spaces developed by the City. Rather, the payment of an in-lieu fee grants the developer the right to develop property with fewer on-site parking spaces than would otherwise be revised. The amount of the fee will be set by the City Council. R:\OLDTOWN~t~IDSPPRK. PC 7/2/97 cad 1 This amendment deletes the following language in Section III. F. 2., Parking, of the Old Town Specific Plan: All parking requirements in the Specific Plan area shall be delineated in Chapter 9.24, Parking and Loading, of the Development Code unless specifically regulated differently in this Specific Plan. See section on Public Parking Program. This amendment proposes the following language for this Section: All parking requirements in the Specific Plan area shall be delineated in Chapter 17.24, Parking and Loading, of the Development Code. However, instead of the required number of on-site parking spaces, the developer/owner/operator may choose to pay the parking in-lieu fee for a portion or all the required on- site parking spaces. GENERAL PLAN CONSISTENCY The proposed amendment is consistent with the General Plan since it implements the Old Town Specific Plan and its goals and policies. ENVIRONMENTAL DETERMINATION This amendment to the Old Town Specific Plan does not have the potential to cause a significant impact on the environment. Any potential impacts associated with the Old Town Specific Plan were included in the previous Negative Declarations for the Old Town Specific Plan, as well as the Final Environmental Impact Report of the City General Plan for the City and its environs. Further, this project is exempt from California Environmental Quality Act, pursuant to Section 15061(b)(3) of the CEQA Guidelines. This section of the CEQA Guidelines indicates that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It also states that, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This amendment complies with the requirements for this section as there is no possibility that the adoption of this amendment may have a significant effect on the environment. Attachments: 1. Resolution No. 97- - Blue Page 3 Exhibit A (Ordinance No. 97- ) - Blue Page 6 R:\OLDTO~W'OaX, ff)SPPRK.PC 6/30/97 cad 2 TO: FROM: DATE: SUBJECT: Planning Commission Saied N_aa~h, Associate Planner August 18, 1997 Planning Application No. PA95-0127, Sign Ordinance RECOMMENDATION: ADOPT PC Resolution No. 97- entitled: PC RESOLUTION NO. 97- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING CHAPTER 17.28 OF THE DEVELOPMENT CODE, A COMPREHENSIVE REGULATORY SCHEME FOR SIGNS AND OTHER ADVERTISING DEVICES, AND MAKING RELATED CHANGES TO THE DEVELOPMENT CODE (PLANNING APPLICATION PA95-0127) BACKGROUND The Planning Commission continued this item from the July 21, 1997 meeting to the August 4, 1997 meeting which was subsequently cancelled. Following are recommended modifications to the July 21, 1997 Staff Report to clarify that Section 6 of Ordinance No. 593 is being repleaded. Deletions are shown as :'~f~.F~ and additions are shown as underlined: 1. Page 35 of the Sign Ordinance The following Section is deleted: "'/.~i~i[~111~iiiiii~:~ Article XIX of Ordinance 348, Advertising Regulations, Ordinances 91-26, Ambient Balloons, Ordinances 92-16, 93-12, 94-23, Temporary Signs, Ordinance 93-09, Outdoor Advertising Displays, Ordinance 91-40 Directional Signs, and Section 6 of Ordinance 593 are R:\STAFFRP'~12'7PA95.PCC 8t71~ m 2. The following Section needs to be amended as follows: Section 7. Ordinance 93439, except as set foCah in Section 6 of this Ordinance, Article XIX of Riverside County Ordinance 348, as adopted by Temecula Ordinance No. 90-04, and Section 6 of Ordinance No. 593 are hereby repealed. GENERAL PLAN CONSISTENCY This project is consistent with the General Plan since the General Plan implementation program requires the City to adopt sign standards for residential, commercial, and industrial areas. Through the adoption of this Ordinance, General Plan goals relating to the urban design and community character are being fulfilled. FINDINGS Adoption of the Ordinance will: 1. Provide for effective business signage; 2. Assure that signs are compatible with the character of their surroundings and the community as a whole; 3. Preserve and improve the appearance of the City as a place to live, work, trade, do business and visit; 4. Protect the City from the blighting influence of excessive signage so as to preserve and enhance the economic base of the City and safeguard property values within the City; 5. Assure that signs are appropriate to the type of activity to which they pertain; 6. Regulate signs so as to avoid increasing the hazards to motorists and pedestrians caused by distracting signage; 7. Recognize that the eventual elimination of existing signs that are not in Conformity with the provisions of this Chapter requires further analysis of the existing signs in the City. Attachments: 1. Resolution No. 97- , Blue Page 3 2. Planning Commission Staff Report, July 21, 1997 - Blue Page 7 R:'~STAFFRPT~127PA95.PCC 8/7197 klb ~ ATTACHMENT NO. 3 PLANNING COMMISSION MINUTES R:\STAFFRFr\SIGNORD.CCI 5118198 klb 12 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION OCTOBER 21, 1996 A regular meeting of the City of Temecula Planning Commission was called to order on 1996, at the Rancho California Water District Board Room, 42135 California. Fahey presiding. Miller, Slaven, Soltysiak, Webster October 21, Road, Temecula, Also present were Community Montgomery, Planning Manager and Minute Clerk Pat Kelley. PUBLIC CO1VIM'F. NTS Director Senior , Assistant City Attorney Roxanne Hogan, Associate Planner Saied Naaseh, Chairman Fahey called for public COMMISSION !IUSINF. qS at 6:09 P.M. There were no requests to speak. Approval of Agenda It was moved by The 5 0 · 0 as follows: Slaven and seconded by Commissione~ ~rove the agenda. COMMISSIONERS: Fahey, Miller, Slaven, Soltysiak, COMMISSIONERS: None Weber COMMISSIONERS: None ~ Sign Ordinance Senior Planner Dave Hogan mentioned an unofficial letter was distributed staling tonight's meeting was being held at the Community Recreation Center, so people will probably come in late. He also clarified that nonconforming signs will not be torn down immediately as was stated in the above-mentioned letter. After approval of the ordinance, staff will develop a list of nonconforming signs to be brought before the Commission which will begin the nonconforming period of seven (7) to ten (10) years. Development of this ordinance began about seven (7) months ago when the City Council appointed a Sign Committee composed of city representatives, business people and private citizens. Their purpose was to develop sign standards that effectively inform, promote business, and enhance Temecula's character and image. The current Ordinance 348 allows very few types of signs, so staff has had to do creative interpretation. Adding menu boards, directional signs and freeway oriented signs are some of the major differences between the two ordinances. Mr. Hogan reiterated that upon approval of the ordinance, staff R:\PLANCOMM\MINUTES\1996\102196.PC 11/20/96 klb i PI,ANNING COMMISSION OCTORF, R will review existing signs and a list of nonconforming signs will be developed and brought back to the Commission. The Sign Committee is recommending a seven (7) to ten (10) year amortization period for nonconforming signs to allow the owner to recoup his investment. Associate Planner Saied Naaseh stated copies of the proposed sign ordinance will be av~t~,le Tuesday, October 22. Real estate, multi-family, multi-tenant, and nonconforming signs were discussed at the October 14, 1996 Community Meeting. The Sign Committee was encouraged to physically look at Temecula's signs and to deal with issues such as height, size, appropriate distance between signs, etc. A slide show was presented showing positive and negative signage. Mr. Naaseh explained the requirement differences between the existing and proposed ordinances. One committee concern was with the real estate signs which never seem to come down, so a large, attractive sign design is proposed. He also explained State law does not allow cities to take down nonconforming signs immediately upon adoption of a sign ordinance, the owner must be allowed to make full use of the sign's life. Commissioner Shaven asked if the real estate sign shown on page 13 relates to advertising parcels for sale or lease. Mr. Naa_~h replied the sign applies to both parcels and commercial centers. Commission Soltysiak questioned the definition of a parcel in a shopping center. Mr. Naa~h answered each pad is considered a parcel. Wall-mounted signs (one square foot per lineal foot of frontage) are allowed if the parking lot is towards the back of the building and towards the freeway. Chairman Fahey opened the public hearing at 6:40 P.M. Doug Woelke, 27513 Jimson Circle, Temecula, spoke from a consumer's viewpoint. His concern is that Temecula's prosperity lies with small business and the proposed ordinance, especially the removal of existing signs, puts an undue burden on them. He said a seven to ten-year amortization period is not enough and he is leery of only three signs for a multi-unit development. He stated small businesses need signage, not the large corporate ones and existing signs should be left alone and new signs approved according to the proposed ordinance. Bob Kirkpatrick, 27740 Jefferson Avenue, Temecula, Temecula Valley Economic Development Corporation (T.V.E.D.C.) and Rancon Companies, stated as president of the T.V.E.D.C., he meets with corporate officers considering locating in Temecuha and the proposed ordinance will have a negative impact on his ability to attract businesses to this community. The study should be resubmitted for additional input. As a real estate businessman, the cost for the construction and installation of the proposed signs would be horrendous. As a citizen, his thought is a nonbusiness person committee telling retail people what works well for business is presumptuous when ordinances get this detailed. Dale Quelan, 41836 Via Balderama, Temecula, Minuteman Press, stated allowing only three businesses on a pylon sign is ludicrous. Small businesses are the ones in the most need of signing. Signs on the street as well as pole signs are a necessity so people can find the business as wall-mounted signs cannot be seen from the street. Wall signs on businesses close to the freeway cannot be seen due to the large trees adjacent to the freeway. R:\PLANCO~q\MINUTES\1996\102196.PC 11/20/96 klb 2 PI.ANNING COMMIS~qlON OCTOBER ~1, 1996 Dan Coop, 41755 Rider Way, Temecula, Coop Properties, stated his concern was existing businesses having to remove their freeway signs. Freeway traffic would be unaware a business was there. He is against the ordinance. Jack Williams, 27313 Jefferson Avenue, Temecula, Richie's Real American Diner, stated signage and location are vital ingredients for success in the restaurant business. He said his present signage is working well with minor problems, but the proposed ordinance will be detrimental to the City as revenues will go down along with jobs. His business has increased 18% due to a professional sign erected by the freeway about a year ago. He feels small businesses will be hurt the most and they are the ones that make this community tick. Mike McMillen, 27309 lefferson Avenue, Temecula, High Society Billiard Club and G & M Enterprises, stated 17.28.040, Prohibited Signs, is extremely prohibitive by the statement "All signs not expressly permitted by this chapter are prohibited...". Leaves no room for growth or creativity. There is no way future sign design can be foreseen. Freeform neon signs, like the one on his business, are not included in this ordinance. Vehicle signing is also prohibited which would eliminate the Sr. Shakespeare bus which is a clever and attractive display. It is his recommendation that the committee relook at the ordinance and open up a channel for creative expression; and grandfather existing, attractive signs. Bob Newsom, 31028 Wellington Circle, Temecula, Century 21, handed out an article enfified "Losing Resgnat for the Law" for the Commissioners perusal. He stated the proposed ordinance should be more flexible. Issues of concern are: 1) residential sign limitation of four sq. ft.; 2) the City should provide incentives for changes; 3) proposed ordinance should go to the Chamber of Commerce and business groups for input before it is passed. He believes the existing different signs make Temecula attractive. Larry Markham, 41750 Winchesmr Road, Suite L, Temecula, representing Jack Raymond, stated the Best Buy modified pylon/projecting freeway sign was mandatory for them to locate in Murrieta. The proposed ordinance should be relooked at from the real estate community and the smaller commercial ventures with multi-tenant users viewpoints. Cynthia Arocha, 44535 Bedford Court, Temecula, the proposed ordinance would make her elevated center a ghost town as people passing cannot see the businesses on the hill. She did not think Palm Springs should have been used as a good example due to its low terrain. Tall gas signs are beneficial for motorists who run out of gas and do not know a town. Fred Grimes, 27311 Jefferson Avenue, #103, Temecula, representing several small businesses who support good signage, stated the slide show was appalling, but the signs shown are not found here. All properly permitted, well constructed signs should remain for as long as they have useful life, which is usually longer than seven to ten years. He wrote the letter referred to by Mr. Hogan and the sentence reads "signs in some cases will have to be torn down at some time"; not immediately torn down. He asked the Commission to reconvene the Sign Committee and to get a different perspective, appoint one or two retailers and one or two real estate developers. R:\PLANCO[~q\MINUTES\1996\102196.PC 11/20/96 klb 3 PI,ANNING COMMISSION OCTORER al, 1996 Commissioner Miller suggested it might be more helpful for those people interested in having the ordinance rewritten, to critique it and give their written comments to staff. Mr. Grimes responded, "dialogue is needed as the same people involved in the proposed ordinance will review the comments." Chairman Fahey asked Mr. Grimes if he had read the current ordinance which is difficult to enforce. Mr. Grimes stated he has and Ordinance 348 does need work, but when people are told to tear down a sign, the impact is difficult. Mark Esbensen, 27311 Jefferson Avenue, #103, Temecula, stated it is impossible to top trees along the freeway. He also commented on the following: 1. The slide show seemed unfair and a scare tactic; 2. The main thing businesses are looking at when they come to a town is the signage; 3. Strong architectural standards with attractive signs is expected; 4. There are no 45' pole signs in Temecula; generally a 25' sign is erected; 5. Grandfathering is critical; 6. Tenants located behind large businesses need to be seen. Commissioner Slaven asked Mr. Esbensen for suggestions regarding Caltrans' restrictive tree pruning process. Mr. Esbensen responded the City and center representatives should go to Caltrans together as trees between Rancho California Road and Winchester Road block views of the businesses. Chairman Fahey reces~ the meeting at 7:25 P.M. Chairman Fahey reconvened the meeting at 7:35 P.M. Chairman Fahey set forth the following suggestions for staff which would be helpful for the Commission to make a decision: Examples of signs in the City that meet Ordinance 348 standards, but would not be in compliance with the proposed ordinance. A list of types of existing signs'not in conformance with Ordinance 348 or the proposed ordinance. 3. Information concerning life of signs and investment. A review of past project approvals where signs were an issue and we tried to be consistent regarding height of signs near the freeway and size of monument signs. Also look at multi-tenant signs in the City to determine a staff opinion on whether the ordinance should limit or specify the number of tenants shown on a sign or sign size. Staff meet with about eight (8) of the individuals who are interested in committing to three or four meetings and expressing their concerns and developing alternatives.Come back to the Commission with specifics and examples of what should be considered. Commissioner Slaven inquired about the City offering some type of financial incentive to the business community to offset sign replacement costs. Mr. Thornhill will look into the matter. R:\PLANCOI~4\MINUT£S\1996\102196.PC 11/20/96 klb 4 PI,ANNING COMMISSION OCTORF~R ~1, 1996 Commissioner Webster suggested financial help on a moving scale for how quickly nonconforming signs were replaced within the proposed time period. Commissioner Miller remarked it was the general consensus of the Sign Committee that the City is reasonably well signed at this time, with Dayglo painted signs in windows an exception. Commissioner Webster asked for a detailed list of businesses not in conformance and the particular ordinance section being violated, in order to make a rational decision and to consider financial incentives. Chairman Fahey stated that would be a lot of work for an ordinance that might be changed and the decision should be based on overall concepts. Community Services Director Gary Thornhill stated ultimately a list would be developed, but ground rules are needed beforehand. Commissioner Miller stated there are not many streets involved and ff a Commissioner sees a questionable sign, they should ask staff about it's compliance with the ordinance. Mr. Thornhill explained the approval process for this ordinance would be to bring the comments from the business community back to the Commission. The Commission will then weigh the current recommendations along with the new ones and make a recommendation to the City Council. Commissioner Soltysiak asked if the new committee will use the EDC or Chamber of Commerce as a filter. Mr. Thomhill answered the Chamber is supposed to represent the concerns of small business. Mr. Kirkpatrick stated he would also like to have the EDC represented. Commissioner Soltysiak asked the definition of a temporary sign and if there is a sunset clause. Mr. Naaseh replied temporary signs include banners, political, contractor, and real estate signs, and are temporary in nature. Mr. Hogan remarked the temporary sign regulations in the proposal are only a reformat of the existing temporary ordinance adopted two years ago. All ordinances related to signing are included in the proposed ordinance for convenience. Mr. Hogan will provide the temporary ordinance to the Commissioners. Commissioner Webster inquired about an existing commercial center with nonconforming signs who need to replace signs and who are required to get a permit. Would they also be required to do a sign program? Mr. Naaseh answered they would not be required to do a sign program, but it would be helpful if the developer would apply for a permit with the new standards so future tenants would be in compliance. Chairman Fahey asked if the sign program pertains to new development. Mr. Naaseh replied it did. Commissioner Shaven remarked that according to page 9 offsite garage sale signs are illegal. Mr. Naaseh stated the existing ordinance prohibits offsite garage sale signs. Commissioner Soltysiak mentioned sign structure height seems to change with each application on "Sign Structure Heights" exhibit. Mr. Naaseh replied the ordinance specifies the sign structure height from the sidewalk level or if no sidewalk exists, six (6) inches above the street or if placed on berming, 2 feet is added. He said exhibit needs to be cleared up to demonstrate the intent that wall height includes the base. R:\PLANCOPIq\MINUTES\1996\102196.PC 11/20/96 klb 5 PLANNING COMMISSION OCTORER 9.1, 1996 It was moved by Commissioner Slaven and seconded by Commissioner Webster to continue the Sign Ordinance off calendar. The motion carried as follows: AYES: 5 NOES: 0 ABSENT: 0 COMMISSIONERS: Fahey, Miller, Slaven, Soltysiak, Webster COMMISSIONERS: None COMMISSIONERS None . MANAGER',q REPORT Planning Debbie Ubnoske reported staff is moving into the new City Hall. All invited to attend opening at 4:30 P.M., October 30, 1996. are PLANNING Commissioner Webster inquired Thornhill will check on it and get the priority of the traffic light at to the Commission. and Solano Way. Mr. Commissioner Miller remarked there a great deal of landscaping at the Union Oil Station and was to maturity. It does not appear plants larger than (1) gallon it. discussion concerning maturity of landscaping of the same degree of planted. Mr. Thomhill will check on Commissioner Miller asked if future Planning Thomhill replied Planning Commission meetings will meeting. would be held in the new City Hall. Mr. at City Hall beginning with the December 1996 Chairman Fahey expressed appreciation to Commission to meet at their facilities. District for allowing the Planning It was moved by Commissioner Miller P.M. The motion was unanimously seconded by Commissioner to adjourn the meeting at 8:15 The next meeting will be held Room, 42135 4, 1996, at 6:00 P.M. at the Rancho California Water District Board Temecula, California. Linda Fahe] hairman Debbie U-bnoske, Secretary R:\PLANC014q\MINUTES\1996\102196.PC 11/20/96 klb 6 PT.~.lqNTNG COM~TI:iRTON ~4, 't 997 AYES: NOF, S: ABSTAIN: COMMISSIONERS: Fahey, Miller, Slaven, COMMISSIONERS: None OMMISSIONERS: None Webster 3. DIREcTrOR'S HEARING Community Development Director Gary stated he had nothing further to report. 4. Appoint Commissioner to Old Selection Panel Commissioner Soltysiak from discussion of this item. Senior Planner presented the staff report. Miller volunteered to represent the Commission on the Old Town Streetscape Consultant Panel. 7. Plannirlg Application No. PA95-0197 - Proposed Sign Ordinance Chairman Fahey asked staff to put the information in a table format for a clearer understanding of the issues. Commissioner Slaven suggested red strike outs of eliminated language and shading of the new wording would be helpful. Commissioner Miller asked if Commissioner Soltysiak's request to notify the auto dealers of the proposed ordinance had been done. Mr. Naa._~h reported staff met with the auto dealers, who agreed with the proposal, and their major concern was enforcement. It was moved by Commissioner Shven and seconded by Commissioner Miller to continue the item to the March 17, 1997, Planning Commission meeting to give staff time to make the report more understandable. The motion failed as follows: AYES: 2 NOES: 3 ABSTAIN: 0 COMMISSIONERS: Miller, Slaven COMMISSIONERS: Fahey, Soltysiak, Webster COMMISSIONERS None Associate Planner Saied Naaseh presented the staff report and requested direction from the Commission on six issues on which the Sign Committee and the Comment Group did not agree. Chairman Fahey opened the public hearing at 7:09 PM. There were no requests to speak. Chairman Fahey closed the public comment section at 7:09 PM. R:\PLANC(IX~\MINUTES\1997\2-24-97.NPD 3/5/97 vgw 701-06 2 pT,ANNTNG COMMTBBTON I""R.R~U~RY 94. 1997 Comments ~, 44, 45 & 46 - Non-Confo~i~ $~ns Com~ssioner Miller ~ for a de~fon of a non~nfo~g sign. Mr. N~seh defm~ it ~ a ~gn ~at d~ not m~t ~y s~d ~ ~e pro~s~ or~ ~d ~uld ~clude signs leggy appmv~ uMer ~d~ 348. Com~ssioner ~ ~ if ~m~ ~gns wo~d ever be non~nfo~g ~d ~. N~h repli~ · ey would probably be leg~ b~u~ ~m~ sign s~ds ~e not being c~g~. Ci~ A~omey Rub~ Weber sm~ ~ere is a sm~ law r~u~g ~ ~venm~ prior to ~e enforcement of ~y amo~fion ~fi~. It w~ ~e ~n~nsus of ~e Com~ssion to l~ve non~nfo~g sign ~g~ge out of ~e pro~ ordin~ un~ s~f h~ invenmfi~ ~e ~gns ~d ~at ~vento~ ~d l~g~ge w~ ~ brought m ~e Commission ~ a pubUc h~g imm ~ ex~ifiously ~ ~ssible. Comment g18 - Ro~l F. state S~ns Com~ssioner Miller e~s~ ~s dis~ of a 4' x 8' s~d sign ~d hav~g ~ signs exactly ~ will elim~a~ ~eff u~F ~ ~ a~nfion-ge~r. Com~ssioner Webs~r menfion~ ~e ord~ sm~s ~...sh~ not ex~ 32 ~e f~t..." ~d di~gr~s wi~ ~e ~fier id~ b~u~ ~e issue ~uld be d~t wi~ by ~e vm~ press. ~. ~om~ sm~ ~us~fions display~g options w~ be brought to ~e Com~ssion. It w~ ~e ~s~ of ~e Co~on to sm~ a m~mum ~e f~mge ~d wid~ wi~ ~e height of ~e bosom of ~e sign s~ng m~here. Comment ~ 1 - Fr~standi~ S~ns ~~on~ W~ ~u~ ~e foflo~g m~ifi~fion: '...a ~uc~e ~ whe~ it is...' ~ provide fle~b~F for a~t. It wm ~e ~n~us of ~e ~~on m su~ ~~mmen~fion ~ ~e pro~ m~fi~fion. Comment ~30 - Fr~w~-~ent~ S~ns Com~s~on~ Miller s~ he d~ not unders~d ~e mfion~ for not ~o~g a fr~s~d~g ff~way sign for a re~ ~nter under ~ven (~ acres. Ch~rm~ F~ey ~s~c~ s~f, ~ ~e Com~s~on is ~t, to b~g ex~ples rod/or ~us~fions back at a ~mre m~fing. R:\PLANCO~\MINUT~S\1997\2-24-97.~D 3/5/97 v~.~, 701-06 3 PT.~,NIqTNG COM~Tf~RTON F~.~tRU~RY ~4, 't 997 Comment ~32 - Commercial Tenant Identifi~tion S~ns ~. ~o~ s~ ~~g ~um ~d ~mum s~s, ~out regula~g le~r s~ ~ cr~m fewer problems. Commissioner Mill~ ~k~ if ~e ord~ d~s wi~ p~el mlor ~d ~. N~eh repli~ ~ere is a pro, sion ~at ~ch p~el must have ~e ~e bac~und mlor. It was ~e mnmnsus of ~e Com~ssion to have one (1) tenet ~r p~el, minimum le~r height of 5" ~d lffi squ~e f~t m~mum sign. Ch~ F~ey ask~ ~at empl~ of ~e pro~ signs ~ be brought back. Comment ~40 - lndus~al Multi-Tenant S~ns Com~shon~ Shven sm~, ~ a ransumer it is ve~ difficult to l~te a business in ~e indusffi~ ~ ~d ~s no problem wi~ we~-design~ mulfi-mn~t signs. It w~ ~e majofi~ ~n~nsus of ~e Com~ssion m ~ow mulfi-~n~t signs ~ ~e indusffi~ ~ ~d m dir~t s~f m design guide~es for ~ signs ~ow~ ~ ~dusffi~ ~. ~. Naa~h ~ ~e bu~ess mmmu~ M~ be renofi~ when ~e sign ordin~ce is brought back to ~e Commission. Ch~rm~'F~r a r~ss at 7:56 PM. 5. Pl~ni~ ~plicafion No. PA~Tem~ula ~e ~o~es ~ Commissi~?(~ s~ he W~s~n from ~s i~m ~s a consul~t ~ ~e proj~t pro~nent Com~s~ioner Mffier ~c w~m abs~ du~ pr~s~g business r~afions~p wi~ ~appli~t ~d_ ~e app~t's ~chi~t. ~ Se s~cfion ~d Mi ~ ~difion~ s~ond~ a~ss for ~e ~n~r w~ch is not shown on ~e elevations. ~ Co merit C~e ~d Mr. Hog~~ k w~ one way m provide ~ a~nt m ~ en~ay. ~ R: \PLANCOS~I\MINUTES\1997\2-24-97.WPD 3/5/97 vOw 7o~-o~ 4 It was moved by Commissioner]~Blg~ and seconded by Commissio~r~t~qaven, to approve Planning Application PA97-0057 for a one hundr~ five (105) day ex~jm~ion of time for Minor Conditional Use Permit No. PA96-0065 'th ' t~~ Au~'ff4 199,7 (or date determined by Staff to be correct for 105 worki d ) 'th th ro ed~on os f Approval amended by the additional condition requiring the gates to the sand 1o~g.a~a be loc'1~~7 AM and 4 PM. The m°ti°n carried as f°_li°ws~ ................ AYES: 5 ~,O1VIMISSIONERS Miller SI', aven~ Soltysiak, Webster, NOES: COMMISSIONERS: None ABSE~ 0 COMMISSIONERS Nonc 5. Planning Application PA95-0127 (Sign Ordinance Assistant Planner Saied Naaseh presented the staff report. Commissioner Slaven commented that after this ordinance is approved, a non-conforming sign inventory will be completed, and then further discussions will be held on the issue. Commissioner Miller expressed concem over handpainted signs being allowed. Commissioner Slaven asked why banners for multi-family rentals were only allowed during the third quarter. Mr. Naaseh replied the apartments are a permanent facility, and the apartment owners stated if flags could not be permanent, they wanted them for the third quarter -- their busiest time. Commissioner Slaven asked the difference between a pole and a pylon sign. Mr. Naaseh answered a pole sign is a sign structure supported by a single metal pole, and a pylon sign is supported by one (1) or two (2) structures, not metal poles, that have some architectural aesthetic elements. Commissioner Slaven asked why "Land Lord" was added under Directional Signs Structures: Operation. Mr. Naaseh answered because renting of apartments was added for directional signs. Chairman Fahey reopened the public hearing at 7:12 PM. Bob Kirkpatrick, 27740 Jefferson Avenue, representing the Temecula Valley Economic Development Corporation, stated the city needs to retain the "business friendly" label and limiting freeway signage to seven (7) acre parcels are too restrictive and will send a negative message to business. He also spoke about the adverse effect created for many existing buildings by allowing only one wall-mounted freeway identification sign as major tenants demand and need signage. Chairman Fahey invited Mr. Kirkpatrick to return with his comments regarding the non-conforming sign issue when it comes before the Commission. R:\PLANCOI,~I\MINUTES\1997\4-21-97.WPD 6/26/97 v~w 4 ~T,]~t~T~G (~O~.~T~BTO~ ~TT. ~'~, !997 Fred Grimes, 37211 Jefferson Avenue, Suite 103, representing CDM WestMar, stated his opposition to prohibiting wall mounted freeway signs for multi-tenants and to the seven (7) acre center minimum for multi-tenant freeway signs because if it was not for the freeway, centers would not be developed and tenants would not come. Mark Esperson, 27311 Jefferson, Suite 103, representing CDM WestMar and other area retail developments, spoke in opposition of not allowing freeway signage, even if some are grand fathered, because tenants come and go, yet the project, built to take advantage of freeway signing, remains. He asked that sign standards be adopted so there would be very nice signs. Mr. Esperson is adamantly opposed to the seven (7) acre minimum as a three (3) acre shopping center could be 30,000+ square feet. He stated the notice from the Planning Department concerning the ordinance was misleading. Commissioner Slaven asked his thoughts regarding the effect of sign pollution on the community's appearance. Mr. Esperson replied the City could promote and enforce sign standards, but should allow business people to take advantage of the freeway, a major asset to Temecula. Larry Markham, 41750 Winchester, Suite L, representing Jack Raymond and others, spoke in opposition to the acreage requirement and suggested good signing be encouraged and sign limitation; i.e., one freestanding sign with multi tenants rather than each building with a sign, and asked if a commercial center definition could be included. Lillian Justice, 2372 Recorda Cove, spoke in favor of the ordinance as businesses will find creative and useful ways to conform to the Commission's signage requirements. Cynthia Arocha, 44535 Bedford Court, stated the notice she received regarding the sign ordinance was misleading. Ms. Arocha agreed tasteful signage is necessary, but small businesses cannot be successful without freeway signing. Chairman Fahey closed the public comment section at 7:49 PM. Chairman Fahey called a recess at 7:50 PM. The meeting was reconvened at 8:00 PM. 17.28.010 - Purpose and Intent Chairman Fahey, and Commissioners Webster and Miller stated the "... and noncommercial off-premise signs..." is confusing. Mr. Estrada stated off-premise could be deleted. First paragraph - 3rd line - Commissioner Miller said instead of "...maintenance of all signs." it should be "...maintenance of Cig, of Temecula signs." Second paragraph - 1st line and 4th line - Commissioner Miller suggested rewording to be "It is the go.a/ of the City..." and "in achieving the goal." R:\PLANCOI,94\MINUTE$\1997\4-21-97.WPD 6/26/97 vgw 5 ~T.~I~TT~G CO~TBSTO~ A~TT. ~, 1997 17.28.030 - Sign Permits (b)(2) Commissioner Miller asked the meaning of "accepted standards of quality for professional graphic artists." Mr. Estrada stated the intent is to ensure signs are of the highest standards; suggested it could be replaced with "highest standards of quality" which gives staff flexibility in reviewing signs that may be technically correct, but sloppily done. It was the consensus of the Commission for staff to develop better language. 17.28.040 - Prohibited Signs (d) Bunting - Commissioner Slaven asked what kind of a sign program would allow bunting as she thinks it should be prohibited as there is nothing tasteful about bunting. Mr. Naaseh stated allowing bunting under a sign program is a compromise and is generally requested by auto dealers and will be considered on a case-by-case basis. It was the consensus of the Commission to leave (d) as written. Mr. Estrada suggested having a cross reference to make it clear. (s) Vehicle signs - Commissioner Miller expressed concern that he found nothing in the ordinance that prohibits permanently parked vehicle signing. Mr. Hogan said the sign ordinance may not be the proper vehicle to address this issue, other than prohibiting all vehicle signing. He stated staff is interested in exploring options on how to regulate permanently parked vehicles, and Mr. Estrada said other codes will be reviewed to determine the most effective way to address this matter. (t) Window signs - Commissioner Miller requested prohibiting window signs occupying more than ten (10) percent of a window area and not allowing handpainted signs. Commissioner Webster does not want menus prohibited in windows. Commissioner Webster asked how this prohibition would work for holiday decorations. Mr. Naaseh stated holiday decorations are not considered signs. It was the consensus of the Commission to prohibit window signs in more than 10% of window area, and for staff to clarify the wording to prohibit painted window signs plus discourage day glow colored manufactured signs. 17.28.050 - Exempt Signs (h) - Commissioner Webster expressed concern that it is clearly stated holiday decorations are allowed. Mr. Estrada suggested a cross reference to make it clear they are not prohibited. 17.28.070 - General Requirements for Permanent Signs (3) e. - Chairman Fahey stated visible freeway signing is a major concern of business and the Commission can work on having tasteful signs. Commissioner Slaven stated there is no way to "ensure" visibility even by having 45' signs. Mr. Estrada suggested eliminate the word "ensuring" or de-emphasize it by using authorizing or permitting. R: \PLANCOb~q\MINUTE$\1997\4-21-97.Wl?D 6/26/97 vgw 6 PT.aNNTNG CONMTBBTON APRTT. ~1, ,1997 Chairman Fahey stated there is concern that using tree heights to justify sign height is not appropriate and suggested staff work on wording and develop standards that would not have one sign after another or be tacky/nondescript. Ms. Ubnoske commented that due to the potential mature height of the trees, 45' will probably be the standard sign height; but signs can be offset for visual aesthetics. Chairman Fahey suggested consideration of incentives (like the Old Town Specific Plan incentives) to get desirable freeway signing. It was the consensus of the Commission for staff to work on these issues and return with recommendations/solutions after the entire sign ordinance package has been addressed. It was moved by Commissioner Slaven, and seconded by Commissioner Miller, to continue the public hearing of PA95-0127, Sign Ordinance, to May 5, 1997, beginning with 17.28.070 (4) Design. The motion carried as follows: AYES: 5 NOES: 0 ABSTAIN: 0 COMMISSIONERS: Miller, Slaven, Soltysiak, Webster, Fahey COMMISSIONERS: None COMMISSIONERS None PLANNING MANAGER'S REPORT Ms. Ubnoske stated she'had nothing to report. PLANNING COMMIS Commissioner Webster asked for an on the Johnson Ranch land use map compared to their previous Ms. Ubnoske said a received, but she has not had an opportunit review it. he wondered how their proposed :e of Preparation for an EIR had been Chairman Fahey asked when the signal light at was supposed to have been in by the opening of the and Solana Way was going to be installed as it care center. It was moved by Commissioner Miller, and PM. The motion was unanimously carried. by ~ssioner Slaven, to adjourn the meeting at 9:05 The next meeting will be held May 5, Business Park Drive, Temecula, at 6:00 P.M. at the City Hall Council Chambers, 43200 Lftida Fahey, Chairman Debbie Ubnoske, Secretary R: \PLANCO/'~I\MINUTE$\I997\4-21-97.WPD 6/26/97 v~ 7 ~T.~lq'NTNG (~O~TS~TON MAY 5. 1997 It was moved by Commissioner Webster, and seconded by Commissioner Slaven, to adopt the Negative Declaration for Planning Application No. PA97-0007; to adopt the Mitigation Monitoff. ing Program for Planning Application No. PA97-0007; to adopt Resolution No. 97-Next app. p5o'd'ng recommending approval of Planning Application No. PA97-0007 based upon the Analysis~and~indings contained in the Staff Report and bsu~to the attached Conditions of Approval ~nded by having a 3' high solid fence with a 3' omamen ' f~p; andto c l~~0.pablic hearing. Commissioner Miller commented he preferr~lid fence~n p relya u aesthetic basis -- a heavily landscaped wall has a better appearanc~..~-'-- ~ The motion carried as foll~ ~ AYES: NOES: COMMISSIONERS: None ,ABSTA : 1 COMMISSIONERS: Soltysiak 7. Planning Application PA95-0127 (Sign Ordinance Chairman Fahey stated the public hearing remains open. Window Coverage Commissioner Soltysiak expressed concem that the Commission may be creating a lot of nonconforming signs by limiting window areas to 10%. Commissioner Miller stated he suggested 10% after considering the magnitude, and the intent is to clear out sign clutter. Chairman Fahey asked if staff could provide unidentifiable photos illustrating windows with 10 to 25 percent coverage. Commissioner Soltysiak asked if it was decided handpainted signs are not acceptable. Commissioner Miller replied non-day glo-colored handpainted signs are acceptable within the 10%. 17.28.070 General Requirements for Permanent Signs (4) Design h. - Commissioner Miller stated he did not understand why a center's identification signs had to be one sided. Mr. Naaseh replied the intent is to have the center's ID sign built into the landscaping. Chairman Fahey clarified a one-sided sign is to encourage landscaping and monument-type signing. (5) Landscaping c. - Commissioner Miller questioned the wording in the last sentence, and if the goal is year-round color, replanting is required every six to eight weeks which is unreasonable and unenforceable and suggested the sentence be removed. Chairman Fahey stated she would leave the sentence in to encourage seasonal changes. R:\PLANCOMM\MINUTES\1997\5-S-97.WPD 6/26/97 v~ 7 I~Y 5o 1997 It was the consensus of the Commission to eliminate the last sentence. Commissioner Miller questioned the intent of "similar proportions" in the first sentence. Chairman Fahey suggested the sentence end at "...which provide additional color." It was the consensus of the Commission to end the sentence after color. (7) Illumination Commissioner Webster mentioned Palomar Light Pollution Ordinance may not be the correct title; staff will check on the correct title. (8) Width Introduction, last sentence - Commissioner Webster asked for an explanation of "... width calculated by the sign width coefficient." Mr. Naaseh stated there is a maximum area and height, but not a maximum width for a freestanding sign and the coefficient puts the sign in proportion to the height. (b) Standards for Permanent W:~11 Mounted Signs for Ruildings with Two (2) Stories or less (1)a. - Commission Miller questioned why require a sign on a specific wall rather than at a logical place to view the sign. Mr. Naaseh replied the intent is to prohibit a business from putting a sign on the freeway-facing side when their actual office area is located on another side. Ms. Ubnoske stated staff will clarify the language regarding a wall definition, if an overhang is considered a wall, and flexibility for sign locations. Commissioner Miller stated he could not support this item. It was the consensus of the Commission to eliminate (a). (3) b. and c. - Commissioner Webster questioned the definition of scale; i.e., is there a certain ratio or is it a Planning Department scale, and is there a maximum. Mr. Estrada suggested deleting "be in scale with the building." Commissioner Webster mentioned there are signs with large letters which are out of scale with the building and asked what is the correct percentage. Mr. Naaseh answered 75 % is a standard percentage used in other cities' ordinances. Commissioner Miller asked how the 75 % in (3) b is applied when the building is essentially all glass. Mr. Naaseh replied office buildings are covered in another section and is not affect by these standards. Ms. Ubnoske suggested a beginning paragraph stating these are general standards with specifics found in subsequent sections. R:\PLANCO~94\MINUTES\1997\5-5-97.WPD 6/26/97 vgw 8 PT,~,WNTNG CO!4t(T~RTON I~,Y 5, 1997 Mr. Naaseh stated a large building can be broken into small elevations and a sign installed on only one elevation overwhelms the building. For large buildings, the maximum area of the sign would probably be met before the 75 % building ratio. (4) Ietter Height Commissioner Webster asked if a maximum letter height is needed. Mr. Naaseh stated letters are restricted by sign height and the building mass. (5) ~ Commissioner Soltysiak inquired into the intent of (5) A, B and C. Mr. Naaseh stated the section is to encourage creativity. (6) Illumination Commissioner Miller noted them is not indication of any conclusion taken rearding his suggestion, white should also be permissible for a channel letter. Mr. N_aaseh stated if the channel letter background and neon tubing is the same color, the sign is easier to read during the day. Chairman Fahey stated this issue will be revisted when reviewing the final draft ordinance. Commissioner Webster noted an inconsistency in the day glo color definition as it seems to apply to neon and suggested rewording the definition to exclude neon. It was the consensus of the Commission to have neon excluded under day glo color definition. 17.28.210 Freeway Oriented Signs in Commercial Districts Chairman Fahey stated freeway oriented signs will be addressed at a later date. Mr. Naaseh stated an issue dealing with center size, (a)(1)(b), was raised and staff needs direction regarding minimum acreage. Chairman Fahey remarked that if seven (7) acres are the minimum, parcels will be broken up to be able to have more signs and is in favor of three (3) acres. Commissioner Webster expressed an interest in looking at Mr. Markham's proposal of a three-acre minimum with an option of having a freeway sign and then not allowing wall mounted signs. Ms. Ubnoske stated staff is looking into incentive programs and available options and will report to the Commission. 17.78.?70 Retirements for Freestanding Shopping Center Identification Signs in Commercial Districts Commissioner Miller asked why the differential between seven (7) acres and less than seven-acre sites. Mr. Naaseh stated seven acres was the Sign Committee's break up of large and small centers. Commissioner Miller stated smaller centers have the same need for signage as the large ones and adequate R:\PLANCOI~4\MINUTES\1997\5-5-97.WPD 6/26/97 vgw 9 ~T.~TNG (~OM~TRRTON M~¥ 5. 1997 spacing between signs is more important than the depth/width of a lot. Mr. Naaseh said the Sign Committee gave centers as many identification signs as they could -- two (2) per major entrance. Mr. Naaseh mentioned that 20 sq. ft. is the area around the letters, not the sign structure. Chairman Fahey stated since all interested parties reviewed and agreed with this section, the Commission should proceed. 17.28.930 Freestanding Tenant Identification in Commercial Districts (a)(1) - Commissioner Miller asked the purpose of the statement "... at least half...shall be single tenant..." Mr. Naaseh answered the Sign Committee, in calculating the number of signs a shopping center could have, did not distinguish between single and multi-tenant signs and they said one sign per 1,000' of frontage. Mr. Hogan explained the Sign Committee looked at total frontage and believed a combination of multi and single-tenant signs eliminated visual and monotonous clutter. Commissioner Miller expressed his disagreement. It was the consensus of the Commissioner to leave (a)(1) as written. (a)(6) - Commissioner Webster remarked there are cases where two signs per panel is well designed. Commissioner Slaven and Chairman Fahey expressed they had no problem if letters are sufficient size to be read, and Chairman Fahey suggested changing (a) (6) to read "The maximum number... shall be tWO. It was the consensus of the Commission to change to "two." (a)(7) - Mr. Naa.~eh reported it should read ..minimum panel ~ should... 17.28.740 Requirements for Wall Mounted ltusiness Identification Signs for Buildings with 2 Stories or Less in Commercial Districts (b) - Commissioner Webster questioned if there is a requirement for spacing between individual tenant signs or does each individual sign take up 75 5[ of the area. Mr. Naaseh replied there are no standards addressing that issue, but the 75 % requirement could apply to a multi-tenant building. Staff will review wording to make certain the intent for appropriate spacing is clearly worded. (c) - Commissioner Miller asked when would there not be a tenant identification of a building. Mr. Naaseh stated "proposed" may be a better word than permitted. 17.28.250 Wall Mounted Signs forBuildings with 3 Stores or More in Commercial Districts Commissioner Soltysiak asked if a controversy remains since the section was revised. Mr. Naaseh stated the ordinance now distinguishes between a primary and secondary tenant; a primary tenant wanting to identify the building with their name can have two signs with four additional identification signs for smaller tenants -- a total of six signs -- as the intent is to limit the number of signs on a building. R: \PLANCO594\MINUTES\1997\5-5-97.WPD 6/26/97 vgw I~T.~AlqlqTI~G (~OI~(TRRTOlq IR'~¥ 5. ~997 Mr. Naaseh stated Section A refers to a wall-mounted building identification sign which could also be a tenant of the building; Section B, wall-mounted secondary tenant business identification sign. Commissioner Soltysiak asked staff to clarify the section by adding primary tenant in the bold title. Commissioner Soltysiak asked staff to alert the Commission when a controversial section is under discussion. 17.28.260 Requirements for Special Signs in Commercial Districts (a) - Commissioner Slaven asked how can the diesel fuel signs placed in planters be eliminated. Mr. Naa.~eh stated gas price signs are regulated by the state, but the new ordinance does not allow separate price signs for diesel and a diesel price sign placed without a permit, is an illegal sign. 17.28.265 Requirements for Projecting Signs in Commercial Districts (c) - Commissioner Slaven asked the meaning of "Maximum height of signs shall not exceed 20'..." Mr. Naaseh replied it means the clearance of the sign; staff will clarify language. 17.28.775 Requirements for Awning Signs in Commercial Districts (d) - Commercial Miller asked since projection is limited to the right of way, can an awning extend to the middle of a parking lot. Chairman Fahey stated we are talking about signs on awnings, not awnings. Mr. Estrada remarked that the ordinance stated no signs in the public right of way so (d) could be eliminated. It was the consensus of the Commission to eliminate (d). 17.28.280 On-Site Directional and Directory Signs in Commercial Districts (b)(2) Commissioner Webster stated he would like to see a maximum area bigger than 3' -- something around 10 sq. ft. -- because a sign could be providing direction to two or three spots. Mr. Naaseh replied there are three types of directory signs: (b) and (c) are on-site signs for individual businesses, i.e., drive up windows; and (c) is for shopping centers. Commissioner Webster mentioned industrial signs refer back to this section and an individual business could need office/warehouse/delivery directional signs; perhaps it can be clarified in the industrial section. Commissioner Slaven mentioned small-sized stop signs in a plaza are difficult to see and should be addressed. Mr. Naaseh stated he was not certain of the appropriate section, but will look into it. (b) - Commissioner Miller stated the introductory sentence of (b), (b)(6) and (c)(5) should be reworded. Staff will rewrite the sentences. It was moved by Commissioner Slaven, and seconded by Commission Miller to continue the public hearing of PA95-0127, Sign Ordinance, to May 19, 1997, beginning with 17.28.300, Signs in Professional Office District. R: \ PLANCOI~\MINUTES\ 1997 \ 5- 5- 97. WPD 6/26/97 vqw ?T.~Atq'NTNG (~OMI~TRRTON M'J~Y 5, 1997 The motion was unanimously carried. PI,ANNINC. MANAGER' S REPORT Ms. Ubnoske reported the Planning Department's Fast Track process was submitted to the Inland Empire American Planning Association and won an award for Customer Service. She stated she mentions the air-conditioning problem after every meeting, and it is to be worked on next week. PLANNING COMMISSION DISCUSSION Chairman Fahey asked if any commissioner would like to attend the award dinner with staff Wednesday, May 21, 5:30 PM, Benedict Castle, Riverside, to let Ms. Ubnoske know as soon as possible. Chairman Fahey reported it has been over a year since the chair position was addressed and she would like the item to be put on an agenda for discussion. She invited others to consider the position, but she is willing to continue. It was moved by Commissioner Miller, and seconded by Commissioner Slaven, to adjourn the meeting at 8:50 PM. The motion was unanimously carried. The next meeting will be held May 19, 1997, at 6:00 P.M. at the Temecula City Hall Council Chambers, 43200 Business Park Drive, Temecula, California. Debbie Ubnoske, Secretary Linda Fahey, Chah~man R: \PLANCOI~4\MINUTES\1997\5-5-97.WPD 6/26/97 vo~ 12 ~T.AI~i'~T~TG (~O~41~TRBTON ~'~Y '~ 9, ! 997 propo~onal study is completed; the westerly property line to be landscaped with a hedge to mitigate noise impact and have an aesthetic view; add new C, D and E findings to the resolution; and tothe public hearing. Commissioner Soltysiak cautioned there may be a need to coordinate the hedge plans and to make certain the proposed landscaping Mr. Hogan the hedge will be required for this project as the approved the medical office sites is compatible. office building has an Ms. Ubnoske stated staff architects and explain the the issue with both concern relative to r's and the applicant's landscape and have them design a plan. Commissioner Webster asked for a reading of Checklist No. 10 Noise being checked as explanation and explained that since the levels, staff did not think this project Plan of the reasoning behind Environmental Impact". Mr. DeGange read the that area as having existing high noise level. Commissioner Webster stated competent to determine if a in favor of this project and an adequate mitigation. as he does not feel The motion carried as AYES: COMMISSIONERS: Slaven, Soltysiak, Fahey NOES: 2 COMMISSIONERS: Miller, Webster 0 COMMISSIONERS: None Fahey called a recess at 7:44 P.M. and the meeting was reconvened at 7:52 P.M. PA95-0177 - gign Ordinance Chairman Fahey suggested the Sign Ordinance (PA95-0127) be continued and a special meeting called to complete discussion of the ordinance. It was moved by Commissioner Slaven, and seconded by Commissioner Miller, to continue the public hearing on PA95-0127, Sign Ordinance, to Thursday, May 29, 1997, 6:00 P.M. The motion carried as'follows: AYES: 4 NOES: 1 ABSENT: 0 COMMISSIONERS: Miller, Slaven, Soltysiak, Fahey COMMISSIONERS: Webster COMMISSIONERS: None R: \PLANCO~q\MINUTES\1997\5-19-97.WPD 7/14/97 v~, 7 ~T.~AI~JTT]~(~ C~o)n(TAATO]i )~,y I 9, ! 997 5. Planning Applit'ation PA97-0087 0~evelopment Plan - ~PT Holdings Senior Planner Dave Hogan presented the staff report and reported two changes to the Conditions of Approval: Condition 7 - change Window System color to white instead of anodized bronze; and add to Condition 4A "All combinations of usage on the site shall comply with the amount of parking, motorcycle and bicycle spaces being pwvided." which is to ensure that any tenant must fit into the parking set-up. Commissioner Webster asked if there is more than one tenant, does the signage area remain the same. Mr. Hogan replied the signing area would remain the same. Commissioner Slaven asked if landscaping will be such that library patrons are not looking at roU-up doors. Mr. Hogan answered applicant plans to plant aleppo pines at 4' on center, which should create a significant wall. Commissioner Soltysiak inquired about the outdoor employee area. Mr. Hogan stated those details are left until the landscape plan phase, but the area is planned at the top of the slope to provide a pleasant view. Chairperson Fahey opened the public hearing at 8:07 P.M. Joseph Holasek, 2398 San Diego Avenue, corrected Condition 4a to state 181 parking spaces instead of 188 spaces and stated the remaining conditions are satisfactory. Commissioner Miller asked how many slide up doors were on the library-facing side. Mr. Holasek stated there were three (3) roll-up doors and the rest of the side is tilt up concrete panels. Commissioner Slaven inquired why the green and yellow colors were chosen and Mr. Holasek stated the applicant wanted soft, appealing and timeless colors to complement the tan and white and to accentuate the metal canopy entry structure. Commissioner Webster questioned if the trees by the roll up doors are planned to be 15-gal. trees. Mr. Holasek replied they are 15 gal. along with 24" and larger box trees. Chairman Fahey closed the public comment section at 8:16 P.M. Mr. Hogan stated staff concurred with the parking space correction and would amend Condition 4a to read 181 parking spaces. Commissioner Miller noted the elevations show four or five different signs on the parapet and asked if a single tenant could have four signs. Mr. Hogan replied a single tenant could not have four signs and the applicant is aware of the limitation. R:\PLANC(1~94\MINUTES\1997\5-19-97.WPD 7/14/97 vgw 8 ~T.]~I~'~TTNG CO~41~TRR'ro~I' ~Z~y '~ 9, '~ 997 Commissioner Webster made the following recommendations to the landscaping plan: 1) change · California sycamore to London plain tree, which is the same family, but a more appropriate tree for a confined area; and 2) add evergreen shrubs with the pomegranate deciduous ones to provide year-round color. It was moved by Commissioner Miller, and seconded by Commissioner Slaven to adopt the Negative Declaration for Planning Application No. PA97-0087; to adopt the Mitigation Monitoring Program for Planning Application No. PA97-0087; and to adopt Resolution No. 97-NEXT recommending approval of Planning Application No. PA97-0087 based upon the Analysis and Findings contained in the Staff Report; and subject to the attached Conditions of Approval as amended: 4A, changing 188 to 181 and adding "All combinations of usage on the site shall comply with the amount of parking, motorcycle and bicycle spaces being provided."; the change in color in Condition 7; and to close the public hearing. Mr. Hogan stated he heard one commissioner express a comment about the plants, but did not hear any support or opposition. Commissioner Miller stated he had no problem with the plant palette as shown on the plan. Commissioner Slaven stated if the London plain tree is similar in appearance, serves the same aesthetic purpose, and is healthier, it would be wise for the applicant to consider that change. Chairman Fahey stated the landscape architect should consider the sycamore vs the London plain; and Chairman Fahey and Commissioner Slaven expressed their support to include evergreen shrubs with deciduous ones. Commissioner Webster suggested the two trees screening the loading docks should be 24" box rather than 15 gallon. Commissioners Miller and Slaven agreed to amend their motion by adding a condition that the two trees at the loading dock be 24" box. The motion carried as follows: AYES: 5 NOES: 0 ABSENT: 0 COMMISSIONERS: Miller, Slaven, Soltysiak, Webster, Fahey COMMISSIONERS: None COMMISSIONERS: None PI,ANNING MANAGI~R',g REPORT Ms. Ubnoske stated she had nothing to report. PI,ANNING COMMI,q,~ION IH,qCII,qSION Commissioner Webster asked if the City Council had approved the Design Guidelines. Ms. Ubnoske replied the Guidelines were approved and have been returned to the consultant for corrections. Commissioner Slaven asked staff to review the Conditions of Approval for the Napa Auto Parts Store as there is a yellow illuminated strip and all of one side of the building is entirely blue and she does not recall either being approved. Mr. Hogan stated staff will looked into the matter. R: \PLANCOMM\MINUTES\1997\5-19-97.WPD 7/14/97 vgw 9 X~T,AN'MTX~G C~OX~I~TR~TO~' M'A~ '1 g, m 997 Chairman Fahey asked when the signal at Margarita Road and Solana Way is to be installed. Mr. Parks stated he will check on it; a temporary signal is being designed, but the apartment complex at that comer is conditioned to install a permanent traffic signal. He reported Public Works is working with the property owner on Margarita Road, south of Solana Way, to widen the entire roadway so there will be a permanent full-motion traffic signal. Chairman Fahey inquired about any plans for a signal at Pauba Road and Margarita Road. Mr. Parks replied that signal is a high priority and will be done either by the City or the developer of the project at that location which was recenfiy approved by the City Council. Commissioner Miller thanked Ms. Ubnoske for her help in having more reasonable temperatures in the room. It was moved by Commissioner Slaven, and seconded by Commissioner Miller, to adjourn the meeting at 8:33 PM. The motion was unanimously carried. The next meeting will be held May 29, 1997, at 6:00 P.M. at the Temecula City Hall Council Chambers, 43200 Business Park Drive, Temecula, California. Debbie Ubnoske, Secretary Linda Fahey, Chairman R:\PLANCO~q\MINUTES\1997\5-19-97.WPD 7/14/97 vgw 10 P!snning Commission J'dy 7, 1997 Comments that no outdoor sales be permitted in the parking lot area; · that the landscaping for the Winchester/Ynez Roads and Roads intersections be reviewed by the Planning Commission prior to of building permits; · that the proposed color changes be accepted; · that any substantial changes (5 % or more) to the landscaping reviewed and approved by the Planning Commission; · that a mixture of Eucalyptus and Liquidambar trees be treatments; · that the applicant be required to obtain a Specific regard to allowing a deviation from the 50% the Specific Plan; · that 50% landscaping coverage be provided must be for the comer if required, with lot requirement as reflected in Power Center. Assistant City Attorney Weiner noted that amended to reflect the words 'as conditioned.' 2, paragraph 1, of the Findings be The motion was seconded by unanimous approval. Soltysiak and voice vote reflected It was noted for vehicles will be incorporated Miller that the charging stations for the electrical lot plan. 5. PIJANNING PA97-'~l A request fee approval of an amendment to the Old Town to allow for the payment of the parking in-lieu of the required parking spaces. (Continued to the July 21, 1997, Planning Commition meeting; pa~e 7.) 6. PA95-01~.7 - ~qIGN ORDINANCE A request to adopt a comprehensive Sign Ordinance. (Continued to the July 21, 1997, Planning Commition meeting; see page 7.) Planning Manager Ubnoske s~sent, Community Development Director Thornhill advised that the ~oint Ci~j~C~uncil/~ommission meeting which was canceled will be reschedul~rfd that the Planning Comnu~iou~s apprise staff of any topics the Commissioners are d R:~W-ANCO~\I997~7-7-97.WPD 7/29/97 v~w 1 0 Commissioner Soltysiak echoed Acting Chairman Miller's earlier comment that additional landscaping be provided near the well site. Principal Engineer Parks recommended that Condition Nos. 49 and 59 written clearance) be amended m include Caitrans as one of the agencies. regard to Condition No. 9, Assistant Planner Anders the following to trees and shrubs shall be added to the California Water District well site. This landscape plan and become on the west side of the rement shall be added approved record. In response to purpose of the existing Soltysiak, Principal to the west) will be Parks advised that the during the Plan Check process. Attorney Estrada that the be made to the Resolution: Section 3. Mitigated Negative An Initial ... to the project, and a qpproved. Section 4. Conditions. hereby adopts the Miti Exhibit B. and of Temecula Planning Commission Program attached hereto a.q MOTION: Mitigation Monitoring approving Planning in the staff report, and 59. The motion reflected unanimous moved the Negative Declaration, the No. ~6 (amended; as noted above), 97-0151 based uponAnalysis and Findings contained the conditions of approval and Condition Nos. 9, 49, seconded by Commissioner Guerriero voice vote of those present (Commissioners Fahey and Slaven APPI.ICATION NO. PA97-02~.1 A for approval of an amendment to the Old TownSpecific P~ to allow for the / [m nt in-,i u r uir ~ A~en~ It~ ~ ~ ~n~u~ ~ a ~te ~ce~. 7. PI.A~G A~,ICA~ON NO. PA05~127 (~GN ORD~AN~ Adoption of a Comprehensive Sign Ordinance Th[a Agenda Item has been continued to the August 4, 1997, Planning Commition meeting. R:~LA~CO~199'/~7-21 -~7.WPD ~g97 v~w 8 So ~ AMENDING SECTION III. F. 2. PARKING, OF THE '-,OLDTOWN SPECIfiC PLAN TO ESTABUSH THE PARKING FEE PROGRAM AND REVISE THE PARKING (PLANNING APPLICATION NO. PA97- 0221) M~TI~N: recommending by the City Council of Plannin; (establishing the; Sixth Street analysis and findings in the staff report. The Commissioner Slaven voted reflected Commissioner Miller who ~sioner Guerriero moved to adopt Resol No. 97- No. PA97-0267 based upon the was seconded by with the exception of PC No. 97- A RESOLUTION OF THE CITY OF TEMECULA THE CITY COUNCIL OF CITY O STREET PARKING LOT (PLANNINGAPPLICATION ~N OF THE APPROVAL BY THE SIXTH ;NTIVE PROGRAM Because monies from the property owners in City, Commissioner Slavan use. and the parldng for the purpose of assisting economic viability in the iram as an appropriate At 8:05 P.M., Fahey called a short recess and r~nvened the meeting at, 8:16/~ · Because ~ol~isl ,Itysiak will not be participating in_the_ 0!d~own Entertail I t Project Workshop discussion (Agenda Item No 3), it w the ~/ef~_tF . consens ~ of the Commission to change the order of the A~e°~l~)a' aits~oll~.· Commissioner Siaven moved that Agenda Item No. 8 (Sign ,) be discussed prior to Agenda No. 3 (Old Town Entertainment The motion was seconded by Commissioner Guerriero and voice vote reflected unanimous approval. P! ANNINR APP! ICAT!r~N Nil. PA95-01,~7 Planning Commission consideration to adopt a resolution recommending that the City Council adopt a Comprehensive Sign Ordinance. 10 Planning Commission August 18, 1997 R!=Ct~MMFNnATInN To adopt a resolution recommending that the City Council adopt a Comprehensive Sign Ordinance. Chairwoman Fahey noted that the Section with regard to Temporary Signs has been deleted from this Ordinance. Commissioner Miller commented on problems associated with temporary signs and, therefore, requested that the City Council resubmit this matter to the Planning Commission for furlher review. By approving this Ordinance, Commissioner Miller clarified that he would not intend to imply that the then non-conforming signs be removed and replaced considering the hardship such action would have on the businesses. Associate Planner Naaseh advised that an inventory would be taken of all non- conforming signs at which time a recommendation would be made as to how to deal with those signs. For Commissioner Soltysiak, staff noted that the comment group which had addressed the Commission at previous meetings with regard to the Sign Ordinance expressed satisfaction with the proposed changes. MOTION: Commissioner Slaven moved to close the public hearing and to adopt Resolution No. 97- PC RESOLUTION NO. 97- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING CHAPTER 17.28 OF THE DEVELOPMENT CODE, A COMPREHENSIVE REGULATORY SCHEME FOR SIGNS AND OTHER ADVERTISING DEVICES, AND MAKING RELATED CHANGES TO THE DEVELOPMENT CODE (PLANNING APPUCATION NO. PA 95-0127) The motion was seconded by Commissioner Miller and voice vote reflected unanimous approval. 11 Planning Commission August 18, 1997 e The Commissioners commended Associate Planner Naaseh on a job well done. ime Agenda Item No. 3 was considered. OI FNTFRTAINMFNT PRnJFCT WnRK*qHnP N It is that the Planning Commission receive the staff report and provide and comments regarding that EIR Consistency Report, Specific Plan Traffic Analysis and Exhibits for Zeal Buffman's proposal (Westside Specific 'larVOId Town Entertainment Prc)ject/Rogersdale, U.S.A.) Commissioner matter. advised that he would be abstaining with regard to this Chairwoman Fahey headng but encouraged those regard to this project to submit hearing. the attending audience that this is not a public desirous of providing specific input with comments to staff prior to the upcoming public Planning Manager Ubnoske briefly Planner Fagan, by way of overheads, that staff will work with the applicant in by the Commission this evening, and stating scheduled in the near future. the case after which Associate the staff report (of record), advising to refine the Plan, as recommended a formal public hearing would be Having carefully listened to the Commission's regard to the initial project, Mr. Zed Buffman, a proposed modifications to elevations, architectural style of entertainments, etc, noting the following: noted concerns with in detail, reviewed the of buildings, type that the Wild West Arena has been lowered by 15'; it will have a hard roof, will be heated/air conditioned, and will be proofed; that although no formal application will be made for a time, it will be located further back and the size has been to 250 to 275 rooms; that the larger structures have been reduced in height in an effort to limit imposition on Pujol Street residents (25' - 30'); 12 Planning Commission August 18, 1997 ATTACHMENT NO. 4 SIGN COMMITTEE MEMBERS R: \STAFFRFI~SIGNORD.CC 1 5/18/95 klb 13 SIGN COMMITTEE MEMBERS Steve Ford Tim Miller Alice Sullivan Nancy Bane Mark Telford Bob Newsom Carole Corazza George Buhler Clarence Hecklinski Scott Murray Pete Olhasso Tony Goss Steve Eytchinson (Not a committee member but attended meetings as the committee's sign expert) R:\STAFFRFr~sIGNORD.CCI 5/18/98 Idb 14 ATTACHMENT NO. 5 COMMENT GROUP MEMBERS R:\STAFFRPT\SIGNORD.CCI 5/18/98 klb 15 ITEM 12 APPROVAl' CITY ATTORNEY DIRECTOR OF FINA..~E CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Genie Roberts, Director of Finance May 26, 1998 Annual Adjustment of Development Impact Fees PREPARED BY: Allie Kuhns, Senior Management Analyst~,~ RECOMMENDATION: That the City Council adopt the following resolution: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONFIRMING THE ADJUSTMENT OF DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 1998-99, TO BE EFFECTIVE JULY 1, 1998, PURSUANT TO CHAPTER 15.06 OF THE TEMECULA MUNICIPAL CODE AND RESOLUTIONS 97-94 AND 98-30. BACKGROUND: On May 27, 1997, the City Council adopted a schedule for residential and non-residential development impact fees ("DIF"). These fees were based on a study completed by David M. Griffith & Associates (DMG) ("DIF Study"), which determined the total amount of DIF required to mitigate the impacts of development through Temecula's build out, and further broke down the fees into specific development categories. Using the DIF Study as a basis, the Council adopted residential development fees at 100%, and non-residential fees at 36% of the total DIF recommended by DMG. In accordance with Section 5 of Resolution No. 97-94, which was amended by Resolution No. 98-30, fees for both residential and non-residential development shall be adjusted by the average Engineering News Record Building Cost Index ("BCI") calculated for the twelve month period prior to May 1st of the year in which the change will be effective. The BCI to apply to the fees for this year's escalation is 1.1% and the calculated fees applying only this escalation factor are provided as Attachment B. In addition to the BCI, non-residential DIF were adopted with a caveat that they be reviewed each year by the Council so that development trends could be considered prior to applying an additional escalation factor of 10%. This additional 10% per year escalation was based on the Council's having adopted the non-residential fees at 36% of the fees recommended by DMG. A comparison of the projected DIF revenue for FY98-99 applying only the BCI escalation and of DIF applying both the BCI and 10% escalation is provided as Attachment C. Based on the number of permits issued over the past four years, development in Temecula has continued to increase, even with the adopted DIF. A development summary is as follows: Commercial Development Fiscal Year Total Permits S~!uare Footage 94-95 22 399,847 95-96 20 1,356,226 96-97 47 2,067,118 97-98* 49 1,791,523 Industrial Development Fiscal Year Total Permits S~luare Footacje 94-95 0 0 95-96 0 0 96-97 0 0 97-98* 2 183,700 *The FY97-98 figures cover the period of July 1, 1997 - May 14, 1998. Since development appears not to have been negatively affected by the adoption of DIF, Staff recommends that the BCl of 1.1% be applied to both residential and non-residential DIF, and that the 10% increase pursuant to Resolution 97-94 continue for non-residential DIF. FISCAL IMPACT: If the Council sets the fees with only the BCI applied, then, based on current building projections, the City will have a projected gross DIF revenue of $4,075,200 for FY 1998-99. If the fees are set applying the BCI to residential development and both the BCI and 10% escalation factor to non-residential development, then the City will have a projected gross DIF revenue of $4,298,050 (see Attachment D). Attachments: A. Resolution No. 98- B. Fees Calculated with BCI Applied C. Comparison of Projected DIF Revenue D. DIF Gross Revenue Projections for FY 1998-99 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONFIRMING THE ADJUSTMENT OF DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 1998-99, TO BE EFFECTIVE JULY 1, 1998, PURSUANT TO CHAPTER 15.06 OF THE TEMECULA MUNICIPAL CODE AND RESOLUTIONS 97-94 AND 98-30. NOW BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. declare as follows: The City Council of the City of Temecula does hereby find, determine and A. On May 27, 1997, the City Council adopted Ordinance No. 97-09 establishing Chapter 15.06 of the Temecula Municipal Code, Public Facilities Development Impact Fee ("DIF"), which was modified by Ordinance No. 97-14 on August 26, 1997, and was further modified by Ordinance No. 98-05 on April 14, 1998. B. On May 27, 1997, the City Council adopted Resolution No. 97-45 which established the Development Impact Fees. This Resolution was restated and modified by Resolution 97-94 on August 12, 1997, and was further modified by Resolution No. 98-30 on April 14, 1998. C. The City Council adopted residential DIF as recommended in a Development Impact Fee Study conducted by David M. Griffith and Associates ("DMG"), and adopted non- residential DIF at 36% of the amount recommended by DMG. D. Resolution 98-30 provides for an automatic annual adjustment of both residential and non-residential DIF based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index ("BCI") for the Los Angeles Metropolitan Area BCI for the twelve month period prior to May 1 of the year in which the change will be effective. E. Exhibit B to Resolution 98-30 contains projected fees for seven (7) years with no escalation applied to residential DIF and an escalation of 10% per year applied to non-residential DIF. F. Non-residential development in Temecula has not declined since DIF were adopted in May of 1997. Section 2. Exhibit A to Resolution 97-94 is hereby amended by Exhibit A to this Resolution. This amended Exhibit A sets forth the levels of development impact fees for the City of Temecula to collect for residential and non-residential development effective July 1, 1998, pursuant to the schedule of adjustments established in Resolutions 97-94 and 98-30. PASSED, APPROVED and ADOPTED by the City Council of the City of Temecula this 26th day of May, 1998. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC Acting City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, Acting City Clerk of the City of Temecula, California, do hereby certify that Resolution No. was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the __ day of , 1997, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC Acting City Clerk EXHIBIT A PUBLIC FACILITIES DEVELOPMENT IMPACT FEES Amount of Fee Per Unit Component Type of Land Use/1 Or Sqare Foot/2 Street System Improvements Residential Attached Residential Detached Office Retail Commercial Service Commercial Business Park/Industrial $517 $737 $O.8O $2.48 $1.24 $0.59 Traffic Signals and Traffic Control Systems Residential Attached Residential Detached Office Retail Commercial Service Commercial Business Park/Industrial $78 $110 $0.12 $0.37 $0.19 $0.09 Corporate Facilities Residential Attached Residential Detached Office Retail Commercial Service Commercial Business Park/Industrial $119 $224 $0.05 $0.12 $0.07 $0.04 Fire Protection Facilities Residential Attached Residential Detached Office Retail Commercial Service Commercial Business Park/Industrial $42 $56 $0.12 $0.02 $0.02 $0.01 Park and Recreation Improvements Residential Attached Residential Detached Office Retail Commercial Service Commercial Business Park/Industrial $1,222 $1,629 $0.00 $0.00 $0.00 $0.00 1/Land use is determined based on the categories in the Land Use Element of the Temecula General Plan. 2/Fees for residential development are calculated per dwelling unit. Fees for non-residential development are calculated per square foot of gross building area. Component Libraries Type of Land Use/l Residential Attached Residential Detached Office Retail Commercial Service Commercial Business Park/Industrial Amount of Fee Per Unit Or Sqare Foot/2 $158 $210 $0.00 $0.00 $0.00 $0.00 TOTAL DEVELOPMENT IMPACT FEE PER UNIT Residential Attached Residential Detached Office Retail Commercial Service Commercial Business Park/Industrial $2,136 $2,966 $1.09 $2.99 $1.51 $0.73 1/Land use is determined based on the categories in the Land Use Element of the Temecula General Plan. 2/Fees for residential development are calculated per dwelling unit. Fees for non-residential development are calculated per square foot of gross building area. PUBLIC FACILITIES DEVELOPMENT IMPACT FEES FEES CALCULATED WITH BCl APPLIED Amount of Fee Per Unit Component Type of Land Use/1 or Square Foot/2 Street System Improvements Residential Attached $517 Residential Detached $737 Office $0.69 Retail Commercial $2.12 Service Commercial $1.06 Business Park/Industrial $0.50 Traffic Signals and Traffic Control Systems Residential Attached $78 Residential Detached $110 Office $0.10 Retail Commercial $0.32 Service Commercial $0.16 Business Park/Industrial $0.08 Corporate Facilities Residential Attached Residential Detached Office Retail Commercial Service Commercial Business Park/Industrial $119 $224 $0.04 $0.09 $0.05 $0.03 Fire Protection Facilities Residential Attached Residential Detached Office Retail Commercial Service Commercial Business Park/Industrial $42 $56 $O.Ol $0.02 $O.Ol $O.Ol Park and Recreation Improvements Residential Attached Residential Detached Office Retail Commercial Service Commercial Business Park/Industrial $1,222 $1,629 $o.oo $o.oo $o.oo $o.oo 1/Land use is determined based on the categories in the Land Use Element of the Temecula General Plan. 2/Fees for residential development are calculated per dwelling unit. Fees for non-residential development are calculated per square foot of gross building area. ATTACHMENT B Component Libraries TOTAL DEVELOPMENT IMPACT FEE PER UNIT Type of Land Use/1 Residential Attached Residential Detached Office Retail Commercial Service Commercial Business Park/Industrial Residential Attached Residential Detached Office Retail Commercial Service Commercial Business Park/Industrial Amount of Fee Per Unit or Square Foot/2 $158 $210 $0.00 $0.00 $0.00 $0.00 $2,136 $2,966 $0.84 $2.55 $1.28 $0.62 1/Land use is determined based on the categories in the Land Use Element of the Temecula General Plan. 2/Fees for residential development are calculated per dwelling unit. Fees for non-residential development are calculated per square foot of gross building area. ATTACHMENT B COMPARISON OF DIF ESCALATION SCENARIOS COMPONENT TYPE OF LAND USE CURRENT ESCALATION FEES BCl ONLY Street System Improvements ESCALATION BCI + 10% FOR NON-RESIDENTIAL Traffic Signals and Traffic Control Systems Residential Attached $511 $517 $517 Residential Detached $729 $737 $737 Office $0.68 $0.69 $0.80 Retail Commercial $2.10 $2.12 $2.48 Service Commercial $1.05 $1.06 $1.24 Business Park/Industrial $0.50 $0.50 $0.59 Corporate Facilities Residential Attached $77 $78 $78 Residential Detached $109 $110 $110 Office $0.10 $0.10 $0.12 Retail Commercial $0.32 $0.32 $0.37 Service Commercial $0.16 $0.16 $0.19 Business Park/Industrial $0.08 $0.08 $0.09 Fire Protection Facilities Residential Attached $118 $119 $119 Residential Detached $222 $224 $224 Office $0.04 $0.04 $0.05 Retail Commercial $0.09 $0.09 $0.12 Service Commercial $0.05 $0.05 $0.07 Business Park/Industrial $0.03 $0.03 $0.04 Park and Recreation Improvements Libraries Residential Attached $42 $42 $42 Residential Detached $55 $56 $56 Office $0.01 $0.01 $0.12 Retail Commercial $0.02 $0.02 $0.02 Service Commercial $0.01 $0.01 $0.02 Business Park/Industrial $0.01 $0.01 $0.01 Residential Attached $1,209 $1,222 $1,222 Residential Detached $1,611 $1,629 $1,629 Office $0.00 $0.00 $0.00 Retail Commercial $0.00 $0.00 $0.00 Service Commercial $0.00 $0.00 $0.00 Business Park/Industrial $0.00 $0.00 $0.00 TOTAL DEVELOPMENT IMPACT FEE PER UNIT Residential Attached $156 $158 $158 Residential Detached $208 $210 $210 Office $0.000 $0.00 $0.00 Retail Commercial $0.000 $0.00 $0.00 Service Commercial $0.000 $0.00 $0.00 Business Park/Industrial $0.000 $0.00 $0.00 Residential Attached $2,113 $2,136 $2,136 Residential Detached $2,934 $2,966 $2,966 Office $0.830 $0.84 $1.09 Retail Commercial $2.520 $2.55 $2.99 Service Commercial $1.270 $1.28 $1.51 Business Park/Industrial $0.614 $0.62 $0.73 1/Land use is determined based on the categories in the Land Use Element of the Temecula General Plan. 2/Fees for residential development are calculated per dwelling unit. Fees for non-residential development are calculated per square foot of gross building area. ATTACHMENT C UJ Z 0 mz~ mz OUJ n, n,' 0 ~ (/) m ITEM 13 TO: FROM: DATE: SUBJECT: APPROVAL A E~ CITY ATTORNEY , DIRECTOR OF FIN CITY MANAGER TEMECULA CITY COUNCIL AGENDA REPORT Councilmembers Ronald E. Bradley, City Manager May 26, 1998 FY1998/99 Funding Requests RECOMMENDATION: the funding request of: That the City Council review and provide direction regarding a) b) c) Temecula Valley Chamber of Commerce Temecula Valley Film Council Inland Empire Economic Partnership DISCUSSION: On February 21, 1995, the City Council adopted the first Economic Development Strategic Plan. This plan was based on the goals set forth in the General Plan and the Economic Development Element. The original strategic plan set forth the participation of our partners and their roles in the plan as follows: Temecula Valley Chamber of Commerce - The mission of the Chamber is "to promote the economic environment of all member businesses and by doing so will support the programs which preserve and improve the quality of life." The Chamber primarily supports small businesses and provides walk-in visitor and tourist information. Additionally, the Chamber responds to requests for tourism, relocation and business inquiries and sends corresponding information to prospective visitors, residents and potential businesses. The Chamber encourages existing businesses and residents to "Shop Temecula First" and provides avenues for businesses to promote their products and services. The Chamber serves as a representative for business legislative issues that affect the overall welfare of the Chamber Membership. In cooperation with the school district, the Chamber plans, coordinates and assists in programs that foster and encourage a viable working partnership among business, educators and students. The Chamber received $112,425 for FY 97-98. The FY 98-99 request is for $117,900 and is contained in Attachment 1. Temecula Valley Film Council (Film Council) - "The mission of the Film Council is to market Temecula as a desirable, cooperative, efficient and multi-faceted location destination for the film, television and adverting industry... to further the interests of Temecula Valley economic R:\SYERSK\FUNDING.99 5/19/98 jrm 1 development by attracting the film industry to our area, to act as a liaison between the film industry and the community, to provide a focal point for all film related inquiries, to prepare and provide a location library, production and service information to the industry, to educate local merchants to the opportunities of servicing the film industry and to promote the relocation of film companies to the area to generate new jobs." The Film Council received $35,000 for FY 97-98. The FY98-99 request is for $50,000 and is contained in Attachment 2. Inland Empire Economic Partnership (IEEP) - Any local economic development effort must be coordinated with the County and surrounding cites. This was never more evident than in the 1993 negotiations with International Rectifier. Staff is currently working with IEEP and other local cities on a regional marketing effort. Outreach includes direct mailing, trade show participation, and visits to key Chief Executive Officers of major companies in Los Angeles, New York, etc. The IEEP received $10,350 for FY 97-98. The FY98-99 request is for $10,775 and is contained in Attachment 3. Temecula Valley Economic Development Corporation (EDC) - According to their mission statement, the purpose of the EDC is "to promote growth, development and retention...to improve business conditions and job grovvth...and to assist existing employers in the area and to encourage their expansion and growth within the area." EDC membership is composed of a broad spectrum of businesses, professionals, non-profit organizations, and public agencies. The EDC received $91,000 for FY 97-98. For the FY98-99 budget, staff has included $91,000 as a placeholder. The EDC is currently expanding to a regional organization. The EDC Board of Directors will soon meet to determine their expanded budget. A presentation and funding request will be brought back to the Council at a future meeting. The City Council has historically provided financial support for the Chamber of Commerce, Economic Development Corporation, the Film Council and the IEEP. In each of the attachments are detailed material to support their requests. FISCAL IMPACT: The proposed 1998-99 Operating Budget includes a line item for Economic Development Partners (Acct. 111-199-999-5264). The Council authorized funding levels will be included in the FY98-99 Operating Budget. Attachments: Chamber of Commerce Funding Request Film Council Funding Request Inland Empire Economic Partnership Funding Request R:\SYERSK\FUNDING.99 5/19/98 jrm 2 ATTACHMENT 1. CHAMBER OF COMMERCE FUNDING REQUEST R:\SYERSK\FUNDING,99 5/19/98 jrm 4 27450 Ynez Road, Suite 104 Temecula, CA 92591 Phone (909) 676-5090 · Fax (909) 694-0201 Mayor Ron H. Roberts City of Temecula 43200 Business Park Drive Temecula, CA 92590 May 12. 1998 Dear Mayor Roberts: Enclosed please find our 1997/98 amended budget (which includes actual income and expenses through March, 1998), a current financial statement as of March, 1998, a September 30, 1997 F/Y financial statement, and a recap of "Services Provided to the City". As we continue to meet the demands of growth, the Chamber will consistently work to provide unmatched service to visitors, potential residents, and potential businesses. The Chamber's aggressive fund-raising efforts make it possible to provide services to the city at a fraction of the cost. The total value of services provided is $ 357,300 and we are requesting just 33% of this amount. The City's $117,900 will ensure the Chamber's goal; to provide the best possible services! To continue to provide unmatched services to potential residents and visitors, the Chamber has set-up a reserve that will be used for expansion and improvements of our information delivery services. The City has requested that tickets to events such as the Installation Dinner be included in this request. This request will be honored by the Temecula Valley Chamber of Commerce providing ten reservations to the event at no additional cost to the city. We appreciate the City's partnership and recognition of the Chamber's valuable contribution to our city. We look forward to meeting with you to discuss further the opportunities of our continued joint efforts. Sincerely, ' Melo~~nnru stin~g ~ President CC: City Council Members Ron Bradley, City Manager Marilyn Whisenand, Redevelopment Consultant Value of Services Provided to the City Total % Tourism 1 63,500 46% Visitor Guides Postage/Faxes/Printed materials Intemet-Tourist Information Weekend Visitor Center Travel Packets Informant/San Diegan/Outreach Long Lead Event Calendar International Visitor Center One Page Street Maps Temecula Hidden Treasure Brochure Old Town Temecula Map Brochure Trade Show Participation Fam Tours Marketing Committee Participation Tourism Summit Tourism Industry Newsletter 50,000 30,000 15,500 15,000 10,000 10,000 6,000 5,000 5,000 5,000 5,000 3,000 1,500 1,000 1,000 500 Community Information 11 2,000 31% Walk-in/Telephone Traffic Maps Demographic Information Relocation Packets Special Events Calendar of Events lntemet - Relocation/Calendar/Schools Organizations 60,000 20,000 15,000 8,000 4,0OO 3,000 2,000 City Promotions 44,800 12% Shop Temecula First Campaigns (2) Business of the Month Program Internet - Local Businesses Business Showcase Mystery Shopper Campaign Marketing Seminars (Customer Service) State of the City Holiday Lights/4th of July Float CD Rom Display 28,000 4,800 3,000 2,000 2,000 2,000 1,500 1,000 500 Education/Government 23,000 7% Scholarships Student of the Month School Promotions Brochure Issue Awareness 6,000 6,000 6,000 5,000 Economic Development Marketing Campaign 14,000 4% Welcoming Committee (Ribbon Cuttings) Business Inquiries Provide support to existing Temecula business 2,000 Schedule City Speaking Opportunities 1,000 Retention Committee 750 Reception Committee 250 5,000 5,000 GRAND TOTAL 357,300 Services Provided to the City (Detailed) Chamber's Phone Number is listed on all Tourism Publications TOURISM The Temecula Valley Chamber of Commerce Tourism Committee is comprised of volunteers from tourist related entities in the community such as the wineries, Old Town, Nature Conservancy, hotels, and restaurants. The committee continues to strive to promote the tourism industry in Temecula. Visitor Guides - An updated guide is currently in production and will be at several local businesses that have high tourist traffic, the weekend visitor center in the Old Town Stage Stop, and at all local major events. In addition, the Chamber mails the guide to any individual requesting tourist information. Postage/Faxes/?rinted materials - As a result of the city's marketing efforts there has been an obvious increase in postage, faxes and printing of materials such as housing tracts, schools, realtors, demographics, emplo.vment opportunities, apartment rentals, and other specific requests. In 1997, E-mail, Intemet and faxing became much more popular reducing the amount of mailings. Intemet - Tourist Information - Information on all tourist aspects of the city are available worldwide. The website address is WWW.TEMECULA.ORG Weekend Visitor Center - The Chamber now employs a weekend staff person to assist visitors at the Weekend Visitor Center in Old Town. The centers provide weekend visitors with a visitor guide, winery maps, old town, demographics and/or relocation information. Travel Packets - The Tourism Committee's "Travel Packets" concept has proven to be a big hit with groups coming into Temecula for sports related activities or tour groups. The bags are full of information and coupons from Temecula. The goal is to ensure that these individuals are aware of ALL the tourist aspects of Temecula so that they will rerum in the future. This project also helps promote local business. Informant/San Diegar~/Outreach - The City of Temecula advertises Temecula in the Informant and the San Diegan publicanohs and the Chamber phone number is listed for tourism information. The Los Angeles Times will be featunng Temecula in a May issue and the Chamber phone number will also be listed. The Chamber's phone number is used for all tourist related outreach programs. Long Lead Event Calendar - The Chamber provides the City's Marketing Department with calendar information on a regular basic. This information is used to promote upcoming events. International Visitor Center - The Chamber became a member of the International Visitor Center last year. We supply the center with Visitor Guides, Winery Brochures and Temecula T-Shirts, etc. One-Page Street Map - The One-Page Street Map is an attractive tourist map and will be used by the San Diego International Visitor Center, San Diego Convention Center, City and Chamber to assist visitors in Temecula. 4 Temecula Hidden Treasure Brochure - The City of Temecula publishes a tourism brochure to be distributed in the San Diego Rack Service. The Chamber's phone number and internet web site is printed on the brochure for more information. Old Town Temecula Map Brochure - With the closure of the Main Street Association, the Chamber phone number is published on the Old Town Temecula Map. Trade Show Participation - Chamber staff is available on an "as-needed" basis to help at various trade shows. Fam Tours - In conjunction with the City Staff, we participated in several Fam Tours consisting of Destination Management Companies visiting Temecula. The Chamber's role is to organize a tour guide and a vehicle or van for the day tour. The tours are spent touring Old Town, Golf Courses, and the Wine Country. Marketing Committee Participation - Chamber staff actively parncipates in the Marketing Committee and attends bi-montlhly meetings held at the City.. Tourism Summit - The Tourism comrmttee will organize and invite all Hotel/Motel/Bed & Breakfast owners to attend a summit. The goal is to complete a packet for the Travel Show giving each buyer and destination management company hotel rate, golf packets, etc. Tourism Industry Newsletter - Chamber staff is available to assist with conceptual ideas for the newsletter. COMMUNITY INFORMATION Walk-in/Telephone Traffic - The Chamber is dedicated to providing quality., professional service. See attached Activity Reports. Maps - An updated map is available at the Chamber, City and the Weekend Visitors Center. Relocation Packets - The relocation packet has proved to be a valuable asset to anyone interested in moving to Temecula. It is used by many local manufacturers to assist their employees that are relocating to the area. It includes information on schools, utilities, city and government offices, law enforcement, hospitals, climate, and a community profile. Demographic Information - The Chamber assembles, customizes, and distributes current information including census, community growth figures, demographic studies. and an economic profile from Riverside County, the State of California. the City and the Economic Development Corporation. Special Events - The Chamber "makes it their business" to provide details on all special events to interested callers. Instead of referring the caller to make another call to obtain the information, Chamber staff will provide the caller with as much information as possible. This is especially important tbr events such as Balloon & Wine, Rod Run, Arts Festival and Tractor Races. Calendar of Events - Staff interacts with all groups and organizations to keep a current community calendar for all events planned in the community. Citizens and visitors have come to depend on the Chamber's Calendar of Events; the only comprehensive monthly listing of events citywide. Internet ¢Relocatiorv'Calendar/Schools - All printed information distributed is now available on the internet. at www.temecula.org. Organizations - The Organization Listing is used by many new residents and guests coming to Temecula. The list is updated on a monthly basic by staff members. CITY PROMOTIONS Shop Temecula First Campaign - Due to the success of the 1995,1996 and 1997 campaigns, the Local Business Promotions Commanee is coordinating two campaigns in 1998. The campaign promotes shopping locally and gives residents awareness of the availability of products and services in our own community while keeping tax dollars in the community. Business of the Month Program - The Local Business Promotions Committee started a new recognition program in 1997 which will provide visibility to businesses that go "over and above" for the community. Internet - Local Businesses - An entire list of Chamber Members (over 1,000) is available worldwide through the internet at www.temecula.org. Business Showcases - Local businesses have the opportunity to introduce their products and services to the community. Mystery Shopper Campaign - Each month, the Local Business Promotions Committee sends out Mystery Shoppers to local businesses. The business with the highest points wins the Mystery Shopper award. This provides awareness to the community as well as to the businesses. Marketing Seminars - These seminars are free to local business owners and managers and focus on providing them with tips on Customer Service. State of the City Luncheon - A luncheon is coordinated to provide the Mayor of Temecula an opportunity to showcase the City's plans for the year. Holiday/4'h of July Float - Floats are decorated and displayed to encourage folks to shop locally. CD Rom Display - The Chamber advertised on the City's CD Rom and will participate in promoting the sales of this product. TVCC purchased a professional display that is showcased in the front office for visitors to view the City ofTemecula CD Rom. EDUCATION-GOVERNMENTAl. Scholarships - The Chamber awards eight scholarships to graduating high school students each year. Student of the Month - This program recognizes two students from each of the four local high schools each month. School Promotions Brochure - The Education Committee presented a new brochure featuring all of Temecula's schools. This full-color glossy brochure is distributed through the Chamber office, Weekend Visitor Centers and the City of Temecula. Issue Awareness - Issues relating to business are reviewed by the Governmental Action Committee and when necessary a position is taken. The committees' positions are published in local newspapers as well as in the monthly newsletter. ECONOMIC DEVELOPMENT MARKETING CAMPAIGN Support of Existing Temecula Businesses - Chamber staff is available to make courtesy calls to existing businesses to ensure their needs are being met. City Speaking Opportunities - Speaking opportunities are scheduled at various groups when there is a need to provide "quick" information throughout the community. The groups are informed on such issues as the City. Marketing efforts, issues that effect their businesses, etc. Welcoming Committee - The Chamber schedules ribbon cuttings for new businesses. This year the Chamber has experienced an increase and has scheduled over 107 ribbon cuttings. Business Inquiries - Chamber Staff meets with new business inquires and provides them with Demographic, Relocation. Housing, Maps, Business Newsletter, Fast Track information, etc. Inquiries are forwarded to the EDC and the City of Temecula for further follow-up. Reception Committee: The Temecula Valley Board of Directors and a Chamber staff member visits a new company to welcome them to the community. Retention Commitlee: Chamber Staff is a member of the EDC Retention Committee. The Committee's goal is to visit companies and to assist them with any concerns they may have. CITY CONTRA CT HISTOR Y Services Provided City Contract % of Services Paid by City 1993 $ 65,000 $45,000 69% 1994 $103,100 $45,000 44O/o 1995 $122,400 $45,000 37% 1996 1996 $303,740 $100,234 $ 80,000 33% (requested) 26.4% (received) 1997 $340,680 $112,425 33% $112,425 33% (requested) (received) 1998 $357,300 $117,900 33% (requested) TEMECULA VALLEY CHAMBER OF COMMERCE BALANCE SHEET SEPTEMBER 30, 1997 ASSETS CURRENT ASSETS Cash in checking - Fallbrook Nat'l Bank Cash - Scholarship fund Cash - Money Market Cash - CD - Fallbrook National Bank Petty cash Prepaid rent TOTAL CURRENT ASSETS PROPERTY AND EQUIPMENT Office furniture & equipment Less: accumulated depreciation NET PROPERTY AND EQUIPMENT 10,429 75 48,521 65,736 200 2,717 78,338 (43,140) $ 127,680 35,198 TOTAL ASSETS LIABILITIES AND EQUITY CURRENT LIABILITIES Deferred income TOTAL CURRENT LIABILITIES EQUITY Retained earnings, beginning Net income (loss) for period TOTAL EQUITY $ 14,606 $ 99,772 48,500 162,878 $ 14,606 148,272 $ 162,878 TOTAL LIABILITIES AND EQUITY See accountant's compilation report Winifred A. Samstag, Certified Public Accountant Temecula, California 0 0 0 00000000~00 ~ 0~000 00~ ~ ~0~ ~ ~ ~00~0 ~0~0 ~~0 ~' II ~.D II ff II ~ II ~-I II ,-t II "-' II II II ~1. II 0 ~ o 0 ~ o~ 0 0 00000000~00 0~0 0 ~ ~00000 ~ ~0 0 E~ ~'t ~ 0 II II II II ~I. II O.U Z :~ QJ 0 ~" I'. ~' II r- 0 ~ II T 0 fit II *- II ff~ I~1 II "*' '*" II II II II ~ II .4.1 ~ 0 I.i O 0 O 1,4 O O,Q~ o~ O ~4 r-. 0 II o ~ II ~ i"- II - tl ffl II ~ II II II II ~ II ~'# ,-, # c.4 # · .-,, # # # # ~ oooooooooo~ooooo~ooooooooooo u'l fi cD II c'4 II '-- II f,'T II ;0 II ("4 II II II ~Z ~0 O= 0 0 ~ II '~' II ,,-,i H .,1t ,-~ II II II II II ~ II o~ U ~4 ..4 ~ oo~oooooo~ooo~oooo~ooooo ~ ~ ~ o o ~ 0~oo~~ ~ oo ~) II (',4 II (-.I II -. II r,t II ~,,I II II II II *.~ II (3 II ~ II m II - II ~ II (",4 II II II II ~t. II TEMECULA VALLEY CHAMBER OF COMMERCE BALANCE SHEET MARCH 31, 1998 ASSETS CURRENT ASSETS Cash in checking - Fallbrook Nat'l Bank Cash - Scholarship fund Cash - Money Market Petty cash Prepaid rent TOTAL CURRENT ASSETS PROPERTY AND EQUIPMENT Office furniture & equipment Less: accumulated depreciation NET PROPERTY AND EQUIPMENT 1,001 222 77,043 40O 2,847 86,813 (43,140) $ 81,513 43,673 $ 125,185 TOTAL ASSETS CURRENT LIABILITIES Payroll taxes payable TOTAL CURRENT LIABILITIES EQUITY Retained earnings, beginning Net income (loss) for period TOTAL EQUITY LIABILITIES AND EQUITY $ 224 $ 148,418 (23,457) $ 224 124,961 TOTAL LIABILITIES AND EQUITY See accountant's compilation report Winifred A. Samstag, Certified Public Accountant Temecula, California ~ P' II C~ if" II r'., t-., II c~ o~ ~ II II II II 00000~00 0~000~00 ~00~0 r,1 II C~l II · -. II ~ II ii ii ~0 O~ 0 0 ~1 0 O~U 0 ~ o o ~n I"'- If m tl '~ II - II ~ tl C~4 II ~ II II II ~'~ II E~ Z *, I! I! II vl, II 4.10 ~ O OO 1,4 O 0,~1 04~0 OE~ ,~4 ~ 00000000 ~ 0~0 0 0000~0 ~0 0 (~ II q:) II 0 II ~ II ffl II ~ II It II II ~ II 0 (:3 II L~ II ',, II C~ II ~ tl II II tl ~ II 0 II ~ II (~1 II -. II c~l II ,-t II II II ~ 0000000000000000~00000000000 ~ ~00000000 000~ 0000000000 ul II f'" II l"-, II - II O~ H ~ II ~ II II II ~ N ul II CO II 'q' II -. II I',. II In II ~ II II II ~- II r.,.1 0 0 .~0 1,4 U 0 O I~ O 04.10 o~ O O~ ~ ~000000000000000000000000 ~ ~~0~ ~0 0000 0000~00000 0 II ul II (/~ II - II r-. II ~1 II II II II {n. II a3 II r'.. II 0 II - II *~P II ~ II II II II ul. II 0 0 IAJ C ~ 0000 0000 0000 0 0 0 0 0 0 0 0 0 C) ' C) 0 0 ~ ~ 0 0 0 0 0 0 o 0 0 UJ I- 0 I- 0 0 cD 0 cD ' 0 E E E E 0 0 ' LU ATTACHMENT 2. FILM COUNCIL FUNDING REQUEST R:\SYERSK\FUNDING,99 5/19/98 jrm 5 April 30, 1998 Honorable City Council City of Temecula Dear Councilmembers: Glamour, glitz and excitement aside, the Temecula Valley Film Council is actively operating a business. We've arrived! We're solid! We've grown from a base established by professional, knowledgeable founders and a hard working Board of Directors. The groundwork has been laid for Temecula valley's Film Council and its contribution to the positive picture and reputation of our area. Economic development is our reason for being - our mission, which is achieved through the daily activities and projects carried out by the Film Council. We look forward to expanding our presence in and contributions to the area. Service requests from production companies and filmmakers are growing daily. Meeting these requests with our usual thoroughness and professionalism requires healthier funding. The Film Council's goal is to match funding from the City of Temecula through stepped up sponsorship development and additional fundraising events. The honorable City Council members are being asked to recognize the Film Council's established strength and value and move forward in assisting this body to grow, just as the City of Temecula is growing. We wish to be a powerful player in the city's future plans for establishing Temecula as a model city, a healthy community and a cooperatively controlled "quality of life" environment. We're proud to say that the accomplishments of the Film Council have generated a higher awareness of our area which in the end means positive growth, and along the way has also brought some good o1' fun and human interest to the people. Respectfully, Temecula Valley Film Council, Board of Directors Sunny Poulson Thomas, Executive Director Dr. Fred Huber, President Brian Padberg, Vice President Maggi Allen, Secretary Judy Staats, Chief Financial Officer Dave Bernal, Member Jeff Comerchero, Member Claudia Gorin, Member Rod Jones. Member Tim Miller, Member Dick Rainey, Member BUSINESS PLAN 1998-1999 Temecula Valley Film Council's mission statement is: · Market Temecula as a desirable, cooperative, efficient and multi-faceted location destination for film and television and advertising industries. · Further the Temecula valley's economic development by attracting all aspects of the film industry to our area. · Act as liaison between the film industry and the community. · Provide a focal point for all film related inquiries. · Provide and maintain a location library, production and service information to the industry. · Educate local merchants regarding the opportunities of servicing the film industry. · Promote the relocation of film related companies. The Temecula Valley Film Council has become a viable commerce producing entity in the Temecula area, and because of its success, stronger support for future expansion is needed. The present director is highly experienced in marketing and business/human resources management, served on the Board of Directors for the Film Council for three years and prior to that a volunteer for two years. Already established in a chosen profession, the new director has committed to serving out the calendar year of 1998. And, if the performance level is acceptable to the Board of Directors, a continuation of the director's involvement is possible. Compensation is an issue which must be addressed, including paid part time help. Our umbrella organization, the Inland Empire Film Commission is reporting a sizable rate of growth in their service requests, and is referring many of these requests to Temecula. The larger the numbers of filmmakers coming to Temecula, the more well known we become. We're now seeing the peripheral production end of the business moving out of Los Angeles, looking for healthier and more cost effective environments such as Temecula. The age of computerized effects has created new companies and those companies are seeking new homes. Through our presence at the trade shows and our year round marketing efforts, we can attract just this type of clean business. We've been in existence for six years and are looking forward to producing our fourth annual film festival in September along with co-producing the Temecula Showcase, just to mention two of the larger activities. Page 2 With our recognized presence in an extremely competitive market of film production and the expanding numbers of film commissions world wide, the TVFC has dedicated itself to the continuation of a high level of professionalism in providing its services. MARKETING A.. Production of the fourth annual Temecula Valley Film Festival Our theme "..a celebration of the imagination through film..." has encouraged an expanded group of independent ("indies") filmmakers to submit all film genres. More visibility for and awareness of Temecula. B. Trade journal advertising Hollywood Reporter, Daily Variety, Location Update and the Reporter Blu Book Directory. C. Trade Show and Film Festival attendance. Show Biz Expo, second quarter; AFI, first quarter; and the technical Expo, third quarter. Palm Springs Film Festival, first quarter; San Diego Film Festival, second quarter; Hollywood Film Festival, third quarter; and one other yet to be determined, geographically convenient festival. Participation and membership in the Association of Film Commissioners International. New Directors are required to participate in a training class of eight hours for validation of their directorship qualification. OUTREACH I. ACTIVITES A Local outreach will include the production of a regional PHOTO CONTEST. Hatched from the idea of "necessity is the mother of invention" our intent is to open this to all ages and seek support from one of the large film manufacturers. Local sponsorship will be invited and prizes awarded. Our film library has been depleted with the onslaught of site location requests and is in need of replenishing. Negatives will become the property of the Film Council. Page 3 Book sales are again planned. This is one fund raiser which requires a minimum of manpower and expense. In cooperation with the IEFC, an expanded FAM tour is planned. Location scouts, managers, producers, directors, cinematographers, writers, travel editors, location magazine editors, trade publications editors, and supporting staff will be given the grand tour of Temecula to acquaint them with our myriad possibilities of site locations for their use in film, television and commercial productions. D. Television shows to be contacted for local one-time productions. Sponsor educational workshops/industry related programs. A professional stuntman appeared for an educational program at the CRC in June of '97. Topics such as "How to Break Into the Business" and Applying the Age of the Computer to Filmmaking" are subjects we plan to pursue for public presentation. OPERATIONS I. Internal Management Build and maintain Locations Library; utilize City Hall resources. Expand inventory through Photo Contest, use of CD production and 8mm video cassette tapes. Update Production Guide with expanded inserts incorporating new business ads, and renewing existing business ads. Modernize cover to allow easier handling. Establish own public relations methods: Writing, and distributing press releases and promotional material to the newspapers, magazines, trade journals, radio and cable TV. Develop volunteer support group for year round activities and festival support. Page 4 GOALS 1. II. III. IV. Publicize the Temecula area within the context of filmmaking activities and the opportunities and benefits presented to local merchants, businesses and local media support services through the production of a public quarterly report. Seek support of the ARTS COUNCIL'S methods of distribution. Daily management of filmmakers' requests, and production and support service information to the industry. Ongoing education for local merchants of filmmaking opportunities. Promote relocation of film crews and film companies to the area to generate film activity and new jobs. Generate higher awareness of the Temecula area by targeting production companies through professional mailing materials, attendance at trade shows and film festivals, participation in industry organizations, and advertising in trade journals. Successfully produce the annual Film Festival. This single event is responsible for attracting more visibility for our community than any other activity. Generate operating income through the fund raising events such as the Film Festival, the Temecula Valley Talent Showcase, "SHOOT TEMECULA (Photo Contest), Book Faire sales, educational lectures and ad sales for the Production Guide. Design and implement tracking systems for continuing budgetary controls. Further develop and pay credit to an enthusiastic group of volunteers who enhance our total effort. 1998-1999 BUDGET PROPOSAL REV!=NUFS 1. Temecula Valley International Film Festival Cash Sponsors 2. Production Guide Ads 3. Fund Raisers 4. City Funding (Grant and Sponsorship) TOTAL FXPENDITURES 1. 2. 3. 4. 5. 6. 7. 8. 9. Print Media/Advertising/Publications Trade Shows FAM Tours/Location Scouting AFCI Membership/IEFC Dues Prod. Guide/Services Directory/Location Postcards Executive Director Clerical (Part time) Telephone & postage (partial year) Insurance 10. Office Rent (Partial Year) 11. Office supplies, equipment (computer), utilities TOTAL NET $ 24,740 2,500 6,000 50,000 82,240 12,000 11 500 8,500 1 100 8,500 24,000 4,870 4,800 2,500 2,400 3,250 81,202 1,038 1998 TEMECULA VALLEY INTERNATIONAL FILM FESTIVAL PROJFCTFD INCOMF TICKET SALES SCRFFNINGS 136 Total screenings 5 screens/4days 25 avg. attendance @ $4.00 ea, FESTIVAL GALA 300 paid @ $50.00 ea. SATURDAY NITE BASH 150 paid @ $5.00 ea. WRAP PARTY 150 paid @ $20.00 ea, WORKSHOPS TOTAL SPONSORS PROGRAM ADVERTISING SALES CONCESSION SA! ES T-shirts, Posters, Mugs & Caps PROJECTED INCOME Expenses Commissions $13,600 $15,000 $ 1,200 $ 3,000 9OO 33,700 60,000 $ 2,0OO 2,2OO $107,900 ($ 77,160) ( $ 6,000) PROJECTED NET INCOME $ 24,740 TFM!=CU! A VA! LEY INTERNATIONAl FI! M FESTIVAl 1998-99 BUDGET PRINTING Letterhead, envelopes & mailing labels, 2000 pcs. Sponsorship Opportunities Packet Festival Poster Call for Entry brochures Gen'l Info Brochure/Screening Sched. Synopsis Film Fest Entries Souvenir Program Workshop Series Brochure Tickets: Screenings, workshops, Gala, Opening/Closing Nites Saturday Nite Bash 500 each event 3000 pcs Invitations: Opening Nite, Festival Gala, & Wrap Party 500 ea. event 1500 pcs. Festival Marketing Flyers/ Advertising/Sponsorship Agreements 500 ea 500 pcs. 3000 pcs. 2000 pcs 5000 pcs 5000 pcs 5000 pcs 5000 pcs. 1500 pcs $ 13,000 PUBLICITY/ADVERTISING Trade publications: Hollywood Reporter Daily Variety, Screen Int'l Inland Empire Publications/TV/Radio & Cable Stations Selected Los Angeles, Orange County, and San Diego Publications 6,000 SPECIAL EVFNTS Opening Nite, Festival Gala, Sat. Nite Bash Wrap Party, Hospitality Suite, Awards Presentations $ 23,100 RENTALS Theater, Limousines, Tables/Chairs, Table Cloths, Napkins, Decorations, Projectors & Screens $ 10,900 PROFFSSIONALNENDOR/CONSU! TANT FFFS Graphics Designer, Artistic Director Programming Fees $ 18,000 FESTIVAL BUDGET (CONT.) MISCE! LANFOUS Festival signage/banners Souvenir merchandise Postage/Freight/Telephone/Fax Insurance/Permits $ 6,260 TOTAL !=XPENSE $ 77,160 CITY OF TEMECULA AS HOST AND MAJOR SPONSOR OF THF FOURTH ANNUAL T!=MFCUAL VALLEY INTERNATIONAL FILM FFSTIVAL .......... a celebration of the imagination through film ........ A renewal of spirit and support from the City of Temecula is requested by the Temecula Valley Film Council for its production of the exceptionally visible International Film Festival set for September 16 through 20, 1998 Five screens will be utilized in the new Tower Plaza/Movie Experience theaters for this year's extravaganza of independent, contemporary films. As host city and major beneficiary of this event, the participation level will be that of last year. Major sponsor level of participation is $15,000. For this MAJOR level the City will receive the following: · Name recognition in all festival printed collateral materials, festival signage, banners and all broadcast and print media advertisements · 15 Complimentary Gala Tickets · 15 Complimentary Opening Nite Tickets · 15 Complimentary Saturday Nite Bash Tickets · 15 Complimentary Wrap Party Tickets · VIP Hospitality Suite Access · Full page Advertisement (Inside Cover) in the Souvenir Festival Program · 15 T-Shirts, Mugs, Caps & Posters Additionally, Temecula as the Host City and Major Festival Sponsor will have on all printed collateral materials: "This is a presentation of the Temecula Valley Film Council in cooperation with the City of Temecula..." ATTACHMENT 3. INLAND EMPIRE ECONOMIC PARTNERSHIP FUNDING REQUEST R:\SYERSK\FUNDING.99 5/19/98 jrm 6 REDEVELOPMENT INVOICE City of Temecula Attn: Mary Jane McLamey P.O. Box 9033 Temecula, CA 92589 MEMBER NUMBER: INVOICE NUMBER: INVOICE DATE: 34 951832 4/21/98 COMMUNITY PARTNERS - Population of 43,100 (f~ .25 Cents Per Capita Annual Investment 7/1/98 to 6/30/99 $ 10,775.00 Amount Due: Note: Contributions are not deductible as "charitable contributions" for federal purposes. However, they may be considered an ordinary business expense. Tax ID#: 33-0189202 Nay 18, 1998 8:32am -- From ,909 890 1088' -- Page lillY-IS-98 ['tON 08:33 All [EEP !:h2 NO. 909 890 1088 P. 02 INLAND EMPIRE ECONOMIC PARTNERSItlP Benefits of Membership -~ Public Sector Investors The Inland 13ripire E~nomic Parmership is the rcgion's only private,, non-profit ecortomic development o~ani?ation wilh file goal of building on lhe numerous strengths offered by our region mxt eommunicath~g our Soulhem Callretain positioning as the "Location for Innovation." We, have created and ,are implemcoling a plan for aggressive ~d realmnsible development of the region's economy. The ability to soil our lwo counties as a powcrf,! region comes from the investments made. by private sector companies, together with tbe public sector (cities/counties). As public sector monbers/inve~stors of the Inland Empire Economic Partnership, your benefits include: ~) 2) 3) 4) 5) 6) 7) 8) 9) ~o) ~l) 12) 13) 14) Receipt of all leads ginicrated by the IEEP and Califo.da Trade &Commcrcc Agency, allowing your city to respond with available sites or buildings; Ability lo market your city lhrough our reglonal efforts to companies who might othcrwise not know of your city's cxistencc; "Community Profile" page provided on each city with sites submitted to clients, allowing each city Io be marketed in the same manner; The ability to expand your city's public presence; Receipt ol'iEEP's Quarterly Economic Report; Rccaipt of IEF. P'a Monthly Cliphoard Newsletter, which lists significa,t commercial real eslato activity as well as IEEP program updates and activities; Eligibility to have your city participate in the REACIt health intoronco purchasing coalition; Access to demographic information. staff'assistance and custom research through tbe IBF. P staff} Direct parlicipalion in managing the future economy of the Inland Empire~ and gaining reeognilion for doing lite ability to participate as a inctuber offl:o Community Partners, a committee made up of public sector members who help guido Ihc IEEP's marketing cffons; Networking and idea cxchange opportunities with other economic dcvolopmcnt pro£essiona/s iu the two-county region - including a planned linked web-site; The ability to participate on IEEP's sub-committees with regard to Government Affairs, Economic Development. Investor Relations, etc. Invitations to all IEEP events, including membership luncheons mid business forums; Gcneral assistance to your city of the type provided to companies intcrestexl in rolorating into the Inland Empire. For additional in fennation, please contact Ted Ooms or Ma'cdith Maloney at: INI,AND EMPIRE ECONOMIC. PARTNERSHIP 301 E. Vanderbilt Way, #100 ~ San ~twnardino, CA 92408 ITEM 14 Oral Presentation ITEM 15 Video Presentation DEPARTMENTAL REPORTS APPROVAL '~,~,~'" CITY ATTORNEY DIRECTOR OF FINA'NCE.,//d~/_..- CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Anthony J. Elmo, Chief Building Official/~ May 26, 1998 Departmental Report April 1998 PREPARED BY: Carol Brockmeier, Administrative Secretary TOTAL NUMBER OF PERMITS ISSUED .................................. 163 NSFR ..................................................... 57 NCOM ..................................................... 6 TOTAL VALUATION ........................................ $11,589,832 TOTAL NUMBER OF INSPECTIONS PERFORMED ......................... 2,120 CODE ACTIONS .................................................. 634 APPROV/~Jr. CITY ATTORNEY DIRECTOR OF FINAliCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thorn~ill, ~' m(~munity Development Director May 26, 1998 Monthly Report Prepared by: Valerie Wimberly, Administrative Secr t~ RECOMMENDATION: Receive and File Discussion: The following is a summary of the Community Development Department's Planning Division caseload and project activity for the month of April 1998: Caseload Activity: The Department received 40 applications for administrative cases and 6 applications for public hearing cases for the month of April. The following are the public hearing cases: Minor Conditional Use Permit · Development Plan - subject to CEQA · Development Plan - with CEQA Total Attachments: 1. 2. List of Activities with Detail - page 3 Revenue Status Report - page 4 R:'~IONTHLY. RPT~I998~MAY. WPD 5/19/98 vgw ] Ongoing Projects: Sign Ordinance: This item is scheduled for City Council consideration on May 26, 1998 Electric Vehicle Charging Stations: The charging stations at the 6th Street parking lot and the maintenance facility have been installed. Regional Mall: Phase I grading operations have ended, Phase II to commence in June. Building construction is expected to commence in early summer of 1998, with the opening scheduled for 1999. Murdy Ranch Sl~ecific Plan: Staff is awaiting contact from the new owner. No activity on this case. Roril;)augh Ranch Sl~ecific Plan: A Notice of Preparation for EIR has been completed. Staff is awaiting submittal of the Specific Plan application. Southside Specific Plan: The Planning Commission Workshop is schedule for May 20, 1998. Massage Business Ordinance: The City Attorney is reviewing this ordinance and will be presented to City Council in June. Adult Business Ordinance: The Adult Ordinance committee (Ron Roberts, Ron Guerriero) will meet on May 11, 1998 to examine the appropriate zones that adult business should be permitted. After this Meeting, the ordinance will be schedule for City Council. Staff has received comments from the City Attorney and will be scheduled for public hearing as soon as the land inventory is complete. General Plan Circulation Element Update (and revision to citywide traffic study): The consultant has commenced work. The second Steering Committee meeting to be held on June 1. Project is on schedule. Subdivision Ordinance: Staff is in the process of developing an appropriate subdivision ordinance for the City. The City currently uses Riverside County Ordinance No. 460 to regulate the subdivision of land. Redhawk/Vail Ranch Annexation Study: The City Council instructed staff at it's April 28, 1998 meeting to proceed with the Annexation for the Redhawk/Vail Ranch area. Staff is currently preparing a minicipal plan for services and conducting an initial study for the project. Staff is setting up neighborhood workshps with the residents of the annexation area for June. Staff hopes to take the annexation and preaoning to Planning Commission in July and submit application to LAFCO shortly ther after. R:',MONTHLY.RP'rXI99gXMAY. WPD 5/19/98 vgw 2 ATTACHMENT NO. 1 LIST OF ACTIVITY BY CASE NUMBER R:hMONTHLY. RPTX1998LMAY.WPD 5/19/98 vgw 3 ATTACHMENT NO. 2 REVENUE STATUS REPORT R:LMONTHLY.RPT'xI998~vlAY. WPD 5/19/98 vgw 4 REVPR I N2 05/07/98 001 161 ACCOUNT # 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4135 6136 4139 4140 4170 4171 4190 4195 4200 4206 4369 4370 07:32:29 GENERAL FUND PLANNING DESCRIPTION AMENDED FINAL MAP APPEALS CERT. OF LAND DIV. COHPLIANCE EXTENSION OF TIME SINGLE FAMILY TRACTS MULTI-FAMILY TRACTS PARCEL MAPS LOT LINE ADJUSTMENT MINOR CHANGE PARCEL MERGER (2-4 LOTS) REVERSION TO ACREAGE (5+LOTS) MINOR CONDITIONAL USE PERMIT SECOND UNIT PERMITS CHANGE OF ZONE CONOITIONAL USE PERMIT CONSISTENCY CHECKS GENEILRL PLAN AMENDNENT PLOT PLAN PUBLIC USE PERMIT REVISEO PERMIT SETBACK ADJUSTMENT SPECIFIC PLAN SUBSTANTIAL CONFORMANCE TEMORARY OUTOOOR EVENT TEMPORARY USE PERMIT VARIANCE ZONING INFORMATION LETTER CEmA (INITIAL STUOIES) CECLR ENVIROMENT IMPACT REPORT DEVELOPMENT AGREEMENT PARCEL MAP/WAIVER MERGER CONDO TRACT MAP REVERSION TO ACREAGE K-ILRT STUOY FEES HONE OCCUPATIONS OEVLPMNT PLAN-ADMINISTRATIVE OIF REDUCTION APPLICATION IN HOUSE PLAN CHECKS ANNEXATION FEES LAND DIV UNIT MAP LANDSCAPE PLAN CHECK CITY OF TEMECULA REVENUE STATUS REPORT APRIL 1~98 ADJUSTED ESTIMATE .00 .00 .00 5,900.00 24,700.00 .00 30,500.00 16,800.00 700.00 2,900.00 .00 13,500.00 .00 3,600.00 31,100.00 16,300.00 5,600.00 111,900.00 .00 .00 200.00 .00 .00 .00 5,200.00 .00 .00 .00 .00 13,700.00 .00 .00 .00 .00 .00 4,500.00 7,400.00 .00 .00 .00 500.00 .00 APRIL REVENUE .00 .00 .00 268.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 4,309.00 .00 .00 13,808.00 .00 .00 .00 .00 925.00 412.00 190.00 .00 18.00 2,417.80 .00 .00 .00 500.00 14,370.00 .00 .00 .00 .00 .00 910.00 .00 .00 7,150.00 1997-98 REVENUE .00 1,950.00 900.00 1,436.00 8,868.80 .00 22,816.40. 3,220.00 .00 .00 .00 .00 .00 2,746.00 25,322.00 .00 .00 94,425.00 .00 .00 .00 .00 8,510.00 2,674.00 190.00 1,476.00 144.00 22,287.10 .00 .00 .00 2,500.00 14,370.00 .00 .00 .00 .00 1,300.00 9,110.00 .00 374.00 50,269.00 PAGE BALANCE .00 1,950.00- 900.00- 4,464.00 15,831.20 .00 7,683.60 13,580.00 700.00 2,900.00 .00 13,500.00 .00 854.00 5,778.00 16,300.00 5,600.00 17,475.00 .00 .00 200.00 .00 8,510.00- 2,674.00- 5,010.00 1,476.00- 144.00- 22,287.10- .00 13,700.00 .00 2,500.00- 14,370.00- .00 .00 4,500.00 7,400.00 1,300.00- 9,110.00- .00 126.00 50,269.00- COL 24.3 35.9 74.8 19.2 0.0 0.0 0.0 76.3 81.4 0.0 0.0 84.4 0.0 3.7 0.0 0.0 0.0 74.8 PLANNING 295,000.00 45,277.80 274,888.30 20,111.70 93.2 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Joseph Kicak, Director of Public Works/City Engineer May 26, 1998 Department of Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for the month of April, 1998. R:IAGDRPTIMOACTRPT. FRM 1 5/12/98/ajp CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report April 1998 Submitted by: Joseph Kicak Prepared by: Bill Hughes Date: May 16, 1998 I. WORK UNDER CONSTRUCTION: 1. 1-15/Winchester Road Interchange Modifications: All work has been completed except for plant establishment. Plant establishment work will continue until the month of February 1999. 2. 1-15/Rancho California Road Interchange Modifications: The construction includes widening the south side of the bridge over the freeway, adding a new lane on the south side of Rancho California Road from Front Street to the west side of the bridge and from the east side of the bridge to Ynez Road, providing a new loop entrance ramp to northbound 1-15, and relocation of the existing northbound exit ramp. Bridge abutment footings and the retaining wall located on the south side of Rancho California Road adjacent to Kentucky Fried Chicken will be under construction for the next two months. The contractor will be installing electrical conduits for traffic signals and grading along the northbound exit ramp during the month of May. Please note that traffic will be allowed through the work area. 3. City Wide Intelligent Traffic Management System (ITM$): The installation of both field and office equipment has been completed and the consultants are currently in the process of testing and finalizing the system's operation. The new signal timing implementation is pending Caltrans approval. 4. ADA Improvement Project: This improvement project includes sidewalk access ramps, new playground equipment, and rubberized surfacing around existing play equipment for access by wheel chairs at Veterans Park, John Magee Park, and Calle Aragon Park as well as ADA improvemen~ to Rancho Vista fields at the Rancho California Sports Park. Installation of the play structures is nearly complete and final tests on sprinkler system is being performed. Completion is anticipated to be in late May 1998. 5. Margarita Community Park - Phase I: The project improvements include restrooms, parking areas, picnic areas, play equipment, tennis courts, a roller hockey rink, ballfields, lighting, picnic shelters, sidewalks, landscaping with open turf areas as well as widening Margarita Road adjacent to the park to its ultimate width. Grading of the site is underway. Following the grading operation, placement of the sidewalks and construction of the restroom will begin. The project is estimated to be completed in October 1998. R:~l OACTRPT~CI P\9 8~VlAY .MAR seh 6. Winchester Creek Park: The project consists of a 4.5 acre neighborhood park with various improvements including restrooms, basketball courts, volleyball courts, play equipment, polygon shelters with picnic tables, concrete walkways, and a parking lot. Grading has been completed and installation of concrete fiatwork has begun. The project is estimated to be completed in September 1998. 7. Cosmic l~rive and Agena Street - Street Sidewalk Project//6: The project consists of the installation of sidewalks on the west side of Cosmic Drive between Rancho California Road and Agena Street and south side of Agena Street between Santa Cecilia Drive and Cosmic Drive. The grade has been cut for the sidewalks with placement of concrete scheduled for the week of May 18. The project is estimated to be completed in June 1998. 8. Traffic Signal at Pauba Road and Fire Station 84 A preconstmction meeting has been held and the contractor has ordered the equipment for this project. The contractor is currently working on the underground installation. The anticipated completion date is July 1998. 9. Traffic Signal at Pala Road and Rainbow Canyon Road A preconstmction meeting has been held and the contractor has ordered the equipment for this project. The anticipated completion date is August 1998. 10. Traffic Signal at Rancho California Road and Meadows Parkway A preconstruction meeting has been held and the contractor has ordered the equipment for this project. An anticipated completion date is September 1998. 11. CRC Gynma~ium Air Conditioning System: Since the opening of the Temecula Community Recreation Center gynmasium the facility has operated without an air conditioning or cooling system. This project will provide for the installation of an air conditioning and temperature control system for the CRC Gymnasium. The construction contract was awarded at the April 14 Council meeting. There will be a 9-week delivery time for the air conditioning units. Actual site construction will begin June 15. All work will be completed by late July 1998. R:~M OAC TRPT~CIP\9 8'dVl AY.M AR ~eh H. BID: 1. Traffic Signal at Margsrits Road and Ssntiago Road On April 17, 1998, ~he City Council awarded a construction contract for this project. The contract is currently being process. and once it is executed a purchase order will be requested. The anticipated completion date is November 1998. 2. Flashing Reacons at Vsrious I,ocations: The City Council has approved solicitation of bids for construction of this project. The bid opening is May 28 and a recommended award will be presented to City Council on June 16. This project consists of installing flashing beacons that warn motorists of children in school zones at eight (8) different school sites. Construction is anticipated to begin in July 1998 with an estimated completion date of September 1998. m. WORK IN DESIGN: 1.1-15/Overland Drive Over Crossing Improvements: The roadway and structural plans have been signed by Caltrans (District 8) and Caltrans (Division of Structures), respectively. SCE is also working on the design for the relocation of the existing 115, 33, & 12 KV overhead power lines. These lines are scheduled to be relocated concurrently with the consauction of the proposed Overland Drive Overcrossing Improvement Project. The transmission and distribution sections of SCE have finalized their alignment. The City is in ~he process of acquiring right of way, utility easements and temporary consauction easements necessary for the project. Consauction is anticipated to begin in November 1998 with an estimated completion date of October 1999. 2. FY96-97 Pavement Management System: The consultant is expected to submit a plan cheek to the City by the end of May. Staff expects to return the plan check within two (2) weeks after the submittal date. This project will provide street rehabilitation of Jefferson Avenue from the northerly City limits to Rancho California Road. This project will also include the installation of street lighting along the entire length of the project. Construction is anticipated to begin in August 1998 with an estimated completion date of December 1998. 3. Pavement Management System Up-Date: The consultant has completed the public parking facilities' report and has submitted the P.M.S. Up-Date reports for City's review. This project reviewed and updated the existing Pavement Management System computer program which will include new streets which were added to lhe City's maintained system, preparing a new five (5) year street maintenance program. The report will be submitted to City Council May 26, 1998. R:~I OACTRPT\CI P\9 8~VIAY .MAR 4. Winchester Road & Ynez Road Street Widening: The consultant returned the construction plans for second plan check to the City and Caltrans on April 2. The City has returned the second plan check to the consultant on April 20. The scope of work includes the street widening improvements on the south side of Winchester Road between Ynez Road and Margarita Road, and the improvements on the east side of Ynez Road between Winchester Road and Overland Drive. Construction is anticipated to begin in July 1998 with an estimated completion date of March 1999. 5. Overland Drive Street Iml~rovements & Margarita Road Street Widening: The consultant returned the consauction plans for second plan check to the City and Riverside County Flood Control on April 3. The City returned the second plan check to the consultant on April 20. The proposed improvements will be on Overland Drive between Ynez Road and Margarita Road and on Margarita Road from overland Drive to Winchester Road. Construction is anticipated to begin in July 1998 with an estimated completion date of March 1999. 6. Mar~rita Road Sidewalk 01ancho Vista to Pauba): The plans are presently in for final plan check. The improvements will include the installation of concrete curbs, gutter, and sidewalk along the west side of Margarita Road between Rancho Vista Road and Pauba Road. The sidewalk will improve access to the Rancho California Sports Park. Also, as part of the design, additive alternate improvements will include ADA ramp access from Margarita Road to the adjacent ballfields along with an expanded parking area. The project is anticipated to bid in June. Consauction is anticipated to begin in August 1998 with an estimated completion date of October 1998. 7. 1-15/Winchester Southbound Off-ramp Widening: The consultant has submitted the first plan check to Caltrans. The City returned the first plan check to the consultant on March 25. The project will provide an additional turning lane from the southbound off-ramp onto Winchester Road. This project will also require a retaining wall between the southbound off-ramp and the southbound loop on-ramp due to the existing grades in the area of the ramp widening. The consultant is expecting the first plan check to be returned by Caltrans in late-March. Construction is anticipated to begin in September 1998 with an estimated completion date of March 1999. 8. Winchester Road Median Islands: The consultant anticipates submitting the plans for signatures the week of May 11. Staff expects to request City Council's authorization to solicit bids at the June 16 meeting. This project includes installation of median islands with landscaping and irrigation along Winchester Road between Enterprise Circle West and Jefferson Avenue along with the installation of a traffic signal at Enterprise Circle West. Also, the existing median island at Jefferson Avenue will be modified to provide for a longer left turn pocket for east bound traffic. Consauction is anticipated to begin in July 1998 with an estimated completion date of February 1999. R:\M OACTRPT\CIP\9 8'~4 AY.M AR eeh 9. Pala Road Bridge: A Consultant is in the process of preparing the preliminary documentation required by Caltrans to receive HBRR Funds as well as performing utility research and design surveys. This project will include the realignment of Pala Road from Highway 79 South to Rainbow Canyon Road, which will require that a new bridge be constructed, two new traffic signals to be installed, [he removal of two (2) traffic signals, [he installation of sound walls, sidewalks, landscaping, irrigation, street lighting, bike lanes, signing, striping, channel improvements, and provisions for Wetland Mitigation. Construction is anticipated to begin in October 1998 with an estimated completion date of December 1999. 10. Winchester Sidewalk: The City has returned the second plan check back to the consultant on May 7. The consultant expects to return [he plans by [he end of May. This project consists of [he installation of sidewalks on [he west side of Winchester Road between Margarita Road and Winchester Creek Avenue. The project is pending an encroachment permit from Caltrans. Consauction is anticipated to begin in July 1998 with an estimated completion date of November 1998. 11. Temecula Duck Pond Park: The Temecula Duck Pond Park Project will include both park and offsite street improvements. Park improvements will include a gazebo/bandstand, picnic facilities, a restroom, walkways, a parking lot, security lighting, monumentation, landscaping and irrigation. The street improvements will consist of [he widening of Ynez Road to full width between Rancho California Road and Tierra Vista Road and will include new sidewalks along with additional turn lanes, traffic signal modifications at Ynez Road and Rancho California Road, a new traffic signal at Ynez Road and Tierra Vista Road, and pavement re-striping to improve traffic circulation. Second plan cheek comments were returned to the consultant for revisions on April 7. Consauction is anticipated to begin in July 1998 with an estimated completion date of December 1998. 12. Traffic Signals: Currently there are two new traffic signals under design. The two intersections include Solana Way at Margarita Road, and Rancho California Road at Via Los Colinas. Consauction is anticipated to begin in October 1998 with an estimated completion date of February 1999. R:~Vl OACTRPT~Cl P\9 8~IAY.M AR aeh LAND DEVELOPMENT MONTHLY ACTIVITY REPORT SPECIAL PROJECTS APRIL 1998 Submitted by: Joseph Kicak Prepared by: Ronald J. Parks Date: May 19, 1998 1. PW95-07 - Phase I Western Bypass Corridor: According to Riverside County representative for the Interstate 15/State Route 79 South (I-15/SR79S) interchange improvements including Front Street realignment and its intersection with Western Bypass Corridor, a pre-construction meeting was held and the Notice to Proceed was issued. 2. PW95-08 - First Street Extension: The design engineer was directed to phase the construction of the First Street Extension Project into two phases. First phase is to include the extension of First Street from Front Street to Pujol Street including the bridge over Murrieta Creek and the section from Pujol Street westerly to Western Bypass Corridor in the second phase. Pursuant to the direction, the design engineer submitted to the City a contract amendment to revise the plans to indicate the construction phasing accordingly. The contract amendment is being reviewed. Upon finalizing the design criteria with Riverside County Flood Control and Water Conservation District on drainage issues, the design engineer will resume the project. 3. PW95-26 - 6th Street Parking Project: The contractor's bonding company has payed off most of the sub-contractors and suppliers and most of the stop notices from said parties have been released. Once all of the stop notices have been released and the Contractor submits the affidavit and maintenance bond, the notice of completion will be filed. PW96-05 - Project Study Report (PSR) And Project Report (PR) For Ultimate Interchange Improvements at Interstate 15/State Route 79 South (I-15/SR79S): The PSR analysis will resume once the update on the Circulation Element of the General Plan is finaled. 5. General Plan Circulation Element Update: The consultant has been selected. A committee comprised of Cities of Temecula and Murrieta representatives has been formed to provide direction for the update process. R:\MOACTRPT\DEV\98\APRIL.WPD 6. The Regional Mall Project: The design of the perimeter infrastructure improvements are in progress. The consultants are in the process of revising the plans per the plan check comments. 7. PW97-05 - The Old Town Streetscape Project: The design of the project was finalized and the project was advertized for bid on April 15, 1998. The bid opening is scheduled for May 21, 1998. R:\MOACTRPT\DEV\98\APRIL.WPD MEMORANDUM TO: FROM: DATE: SUBJECT: Joseph Kicak, Director of Public Works/City Engineer (~ Brad Buron, Maintenance Superintendent May 5, 1998 Monthly Activity Report - April, 1998 The following activities were performed by Public Works Department, Street Maintenance Division in- house personnel for the month of April, 1998: SIGNS A. Total signs replaced 10 B. Total signs installed 24 C. Total signs repaired 3 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns 35 III. ASPHALT REPAIRS A. Total square feet of A. C. repairs B. Total Tons IV. CATCH BASINS A. Total catch basins cleaned 6O VI. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement GRAFFITI REMOVAL A. Total locations B. Total S.F. 24.700 15 1.030 VII. STENCILING A. 429 New and repainted legends B. 0 L.F. of new and repainted red curb and striping R:~4 AIN TAI N ~M OACTRPT\9 8~,PRIL.RPT Also, City Maintenance staff responded to 38 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 47 service order requests for the month of MArch, 1998. The Maintenance Crew has also put in 65 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of Aoril, 1998 was $4~.149.09 compared to $38,355.47 for the month of March. 1998. Account No. 5402 Account No. 5401 Account No. 999-5402 $ 38,415.02 $ 483.00 $ 3,251.00 CC: Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer - (CIP/Traffic) Jerry Alegria, Senior Engineer - (Land Development) Bill Hughes, Senior Engineer - (CIP) R:\MAINTAIN\M OACTRPT\98~a~PRIL.RPT U.l>- Z~ Z~ Z 0 0 STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of April, 1998 DATE D!=SCRIPTION ACCOUNT STRFFT/CHANN!=L/BRIDC-F OF WORK TOTAL COST CONTRACTOR: Date: 4/?3/98 # 5402 BECKER ENGINEERING John Warner at Cabrillo Avenue R.O.W. Concrete Improvements for Drainage Date: 4179198 # 5402 Ynez Road at Bank of America TOTAL COST $ 4,568.00 Construct and Install Handicap Rail Within City's R.O.W. CONTRACTOR: Date:4/14/98 # 999-5402 MONTELEONE EXCAVATING Service "Level R" TOTAL COST $ 3,870.00 Grading of Dirt Roads Within Service Level R Due To Heavy Rains Date: 4/14/98 John Warner at Cabrillo Avenue TOTAL COST $ 2,776.00 Install Drainage Ditchs and Shoulder Grading Date: 4114/98 # 5401 John Warner at Cabrillo Avenue TOTAL COST $ 1,646.00 Remove Silt and Debris from Drainage Channels TOTAL COST $ 483.00 R:\M AINTAIN\M OACTRPT\98~APRIL.RPT STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of April, 1998 DATE DFSCRIPTION ACCOUNT STRF!=T/CHANNr:L/BRIDC~!= OF WORK Date: 4/;22/98 # 999-5402 Liefer Road Service "Level R" TOTAL COST Grading of Dirt Roads Due to Rain CONTRACTOR: Date: 4/29/98 # 5402 Date: PESTMASTER SERVICES Citywide TOTAL COST $ 475.00 Pre and Post Emergent Applications for R.O.W. Weeds TOTAL S. F. TOTAL COST 708,275 $28,331.02 Date: # TOTAL COST TOTAL AMOUNT ACCT #5402 TOTAL AMOUNT ACCT #5401 TOTAL AMOUNT ACCT #999-5402 TOTAL COST $ 38,415.02 $ 483.00 $ 3,251.00 R:\MAINTAIN~VIOACTRPT\98~APRIL.RPT I DATE 04/02,198 04/02/98 00102198 00/06/98 04/06/98 00/13/98 04/13/98 00/17/98 04/17/98 00/17/98 04/17/98 04/20/98 04/24/98 04/24/98 00/29/98 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF APRIL, 1998 LOCATION RANCHO CALIFORNIA ROAD EAST OF CALLE TAJO MARGARITA AT PAUBA BEHIND 44737-A LA PAZ SKATE PARK GENERAL KEARNY AT SOLANA COMMUNITY RECREATION CENTER SOUTHERN CROSS AT RANCHO VISTA JEFFERSON SOUTH OF VIA MONTEZUMA C STREET AT SANTIAGO WINCHESTER AT SOUTHBOUND OFF RAMP 44647 CORTE CAPISTRANO SANTA CECELIA SPORTS PARK SIGNET SERIES TRACT COMFORT INN AT EMPIRE CREEK WORK COM'PLiETED I REMOVED 6 S.F.OF GRAFFITI REMOVED 50 S.F.OF GRAFFITI REMOVED 5 S.F.OF GRAFFITI REMOVED 400 S.F.OF GRAFFITI REMOVED 22 S.F.OF GRAFFITI REMOVED 35 S.F.OF GRAFFITI REMOVED 35 S.F.OF GRAFFITI REMOVED 25 S.F.OF GRAFFITI REMOVED 10 S.F.OF GRAFFITI REMOVED 100 S.F.OF GRAFFITI REMOVED 55 S.F.OF GRAFFITI REMOVED 2 S.F.OF GRAFFITI REMOVED 183 S.F.OF GRAFFITI REMOVED 80 S.F.OF GRAFFITI REMOVED 22 S.F.OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED TOTAL LOCATIONS R:'~MAINTAINIWKCM PLTD\G RAF F ITIY98'~AP RI L CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF APRIL, 1998 DATE 04/01/98 04/0198 04/02/98 04102/98 04103198 041O7198 04108198 041O9198 04113/98 04113/98 04/14/98 04/15/98 04/15/98 04/15/98 04/15/98 04/15/98 04/16/98 04/17/98 04/20/98 04120198 04/20/98 04/21/98 04/21/98 04/21/98 04/21/98 04/22/98 LOCATION MARGARITA AT CIMA DEL SOL WINCHESTER EAST OF ENTERPRISE CIRCLE NORTH CRC SIXTH STREET AT FELIX VALDEZ 42963 AGENA · "CITYWIDE" POTHOLES "CITYWIDE" POTHOLES RANCHO CALIFORNIA ROAD EAST BOUND AT YN-EZ RANCHO CALIFORNIA ROAD AT COSMIC SOUTHERN CROSS AT RANCHO VISTA 29999 YNEZ 29999 YNEZ LA PAZ SOUTH OF YNEZ WOLF VALLEY AT PALA PALA AT VIA GILBERTO MARGARITA AT SOUTHERN CROSS YNEZ 1,000 FT. SOUTH OF VALLEJO RANCHO CALIFORNIA ROAD EAST OF 1-15 MARGARITA AT CAMINO DEL SOL RANCHO CALIFORNIA ROAD AT MORAGA RANCHO CALIFORNIA ROAD AT ASTEROID RANCHO CALIFORNIA ROAD AT FRONT DE PORTOLA AT VILLA DEL SUR DRIVE 30390 DE PORTOLA 2ND STREET AT FRONT 27711 DIAZ SCOPE OF WORK FILLED POTHOLES FILLED POTHOLES A.C. R&R A.C. OVERLAY INSTALLED A.C. BERM A.C. OVERLAY FILL POTHOLES FILL POTHOLES A.C. OVERLAY A.C. R&R FILL POTHOLES A.C. R&R A.C. OVERLAY A.C. REPAIR A.C. REPAIR A.C. REPAIR FILL POTHOLES A.C. R&R A.C. OVERLAY FILL POTHOLES FILL POTHOLES A.C. R&R A.C. OVERLAY A.C. R&R A.C. OVERLAY A.C. OVERLAY A.C. R&R S.F. TOTAL TONS 6 S.F. TEMPAC. 10 S.F. TEMPAC. 20 S.F. 120 S.F. 3 TONS 119 L.F. 1 TON 312 S.F. 2.5 TONS 96 S.F. T.A.C. 114 S.F. T.A.C. 960 S.F. 4 TONS 162 S.F. 4 TONS 11 S.F. T.A.C. 161 S.F. 3 TONS 972 S.F. 3 TONS 94 S.F. 3 TONS 66 S.F. 3 TONS 22 S.F. 6.5 TONS 4S.F. T.A.C. 210 S.F. 5 TONS 480 S.F. 3 TONS 9S.F. T.A.C. 6S.F. T.A.C. 86 S.F. 3 TONS 468 S.F. 3 TONS 9 S.F. 3 TONS 12 S.F. 3 TONS 345 S.F. 3 TONS 256 S.F. 7 TONS R:'~VIAINTAIN IWKC M P LTD'~A S P HALT.RPR~98La. PRI L. RPT DATE 04123198 04124198 04127198 O4128198 04129/98 O4129198 O413O/98 04/30/98 O4/3O/98 O4/3O/98 LOCATION 27711 DIAZ FRONT AT DEL RIO PLAZA RANCHO CALIFORNIA RD. EAST OF & WEST OF YNEZ 28999 FRONT STREET 28999 FRONT STREET 41941 MORENO ROAD LA PAZ AT VALLEJO 28999 FRONT STREET 30260 CABRILLO JOHN WARNER AT CABRILLO N.E.C. SCOPE OF WORK A.C. R&R FILL POTHOLES R&R A.C. R&R A.C. R& R A.C. FILL POTHOLES FILL POTHOLES A.C. OVERLAY R&R A.C. A.C. BERM S.F. 240 S.F. 40 S.F. 140 S.F. 140 S.F. 140 S.F. 10 S.F. 4S.F. 323 S.F. 40 S.F. 84 S.F. TOTAL TONS 6 TONS T.A.C. 3 TONS 5 TONS 5 TONS T.A.C. T.A.C. 4 TONS TOTAL S.F. OF REPAIRS TOTAL TONS 6.291 86 R:X~dNTAIN [WKCM P LTD~AS P HALT.RPR~98%~'RI L RPT DATE 04102198 04/03/98 04106198 04107198 04/09/98 04/O9/98 04/14/98 04/15/98 04/15/98 04/17/98 04/20/98 04/29/98 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS LOCATION MARGARITA AT PIO PICO VIA LA COLINA AT RANCHO CALIFORNIA ROAD PAUBA AT MEADOWS PIO PICO AT MARGARITA CREEKSIDE APARTMENTS YNEZ AT WINCHESTER RANCHO CALIFORNIA ROAD AT TEMECULA GARDENS APARTMENTS PALA AT VIA GILBERTO PIUTE AT BANDAN STREET CALLE PI~IA COLADA 41770 MARGARITA JEDEDIAH SMITH AT DE PORTOLA ROADS DIVISION SIGNS MONTH OF APRIL, 1998 I INSTALLED REPLACED REPLACED REPLACED INSTALLED REPLACED INSTALLED WORK COMPLETED 2 W-17 2R-1 4R-1A R-7 3 R-1-A R-1 2 "N" MARKERS 3 "HOUSING PROGRAM" R-7 R-7-A R-41 FADED REPLACED R-1 (EGGED) REPLACED R- 1 (EGGED) REPLACED R- 1 (EGGED) INSTALLED 4 MULTI HOUSING SIGNS INSTALLED 2 R-1 2 W-17 4 R-1-A TOTAL SIGNS REPLACED TOTAL SIGNS INSTALLED TOTAL SIGNS REPAIRED R:X. MAINTAIN~WKC MPLTD~IGN Sk98kB LAN IC FRM 10 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF APRH., 1998 I DATE 04/01/98 04106198 04/22/98 LOCATION CITYWIDE "RAIN" OLD TOWN RANCHO CALIFORNIA ROAD WORK COMPLETED CLEANED& CHECKED 46 CATCH BASINS CLEANED & CHECKED 9 CATCH BASINS CLEANED & CHECKED 5 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED R::~tAINTAII~WKC M PLETD\CATC H BASLaS~,PRI L. RPT l DATE 04/02/98 04/09/98 04/13/98 04/14/98 04/16/98 04/17/98 04/21/98 04/22/98 04/23/98 04/24/98 04/27/98 04128198 04129/98 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF APRH., 1998 LOCATION MARGARITA AT PIO PICO NICOLAS AT NORTH GENERAL KEARNY T. C. C. AREA #1 AREA #1 AREA #1 AREA #1 AREA ,91 AREA ffl AREA #1 AREA//1 AREA #1 AREA #1 (SEE DAILY FOR LOCATIONS) (SEE DAILY FOR LOCATIONS) (SEE DAILY FOR LOCATIONS) (SEE DAILY FOR LOCATIONS) (SEE DAILY FOR LOCATIONS) (SEE DAILY FOR LOCATIONS) (SEE DAILY FOR LOCATIONS) (SEE DAILY FOR LOCATIONS) (SEE DAILY FOR LOCATIONS) (SEE DAILY FOR LOCATIONS) I INSTALLED & REPAINTED REPAINTED REPAINTED REPAINTED REPAINTED REPAINTED REPAINTED REPAINTED REPAINTED REPAINTED REPAINTED REPAINTED REPAINTED WORK COMPLETED 18 LEGENDS 20 LEGENDS 4 LEGENDS 55 LEGENDS 45 LEGENDS 19 LEGENDS 46 LEGENDS 45 LEGENDS 50 LEGENDS 30 LEGENDS 36 LEGENDS 35 LEGENDS 26 LEGENDS TOTAL NEW & REPAINTED LEGEN NEW & REPAINTED RED CURB & STRIPING L.F. 429 0 R:~M~MlqTAIN~WKC MP LTD\STR1PING~98~.PI~I L. I~T 'DATE 04/03/98 041O6198 04109198 04/13/98 04/14/98 04127/98 04127/98 04/27/98 04128198 04/28/98 04/30/98 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF APRHa, 1998 LOCATION MARGARITA AT PIO PICO 44000 CABO STREET CREEKSIDE APARTMENTS AREA//3 JOHN WARNER ROAD AT CABRILLO JEDEDIAH SMITH AT DE PORTOLA DEL REPOSO AT DEL REY WINCHESTER AT ENTERPRISE CIRCLE NORTH CORTE YACA 31159 CORTE ALHAMBRA CORTE VERANOS AT VIA POQUITO I TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED WORK COMPLETED 7 R.O.W. TREES 2 R.O.W. TREES 3 R.O.W. TREES 11 R.O.W. TREES 5 R.O.W. TREES 1 R.O.W. TREES 2 R.O.W. TREES 1 R.O.W. TREES R.O.W. TREES 1 R.O.W. TREES 1 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 35 R:~AAINTAIi~WKCM PLTDWREES~98~APRI L. RPT CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY WEED ABATEMENT MONTH OF APRIL, 1998 DATE 04113198 04114198 04114198 04115198 04115198 04115198 04/16/98 04/21/98 LOCATION C STREET AT SANTIAGO C STREET AT SANTIAGO JOHN WARNER ROAD AT CABRILLO SANTIAGO AT FRONT STREET C STREET AT SANTIAGO PAUBA BETWEEN YNEZ AT LA PRIMAVERA SANTIAGO AT FRONT STREET SANTIAGO AT FRONT STREET l ABATED ABATED ABATED ABATED ABATED ABATED ABATED ABATED I WORK COMPLETED I 100 S.F. R.O.W. WEEDS 550 S.F. R.O.W. WEEDS 400 S.F.R.O.W. WEEDS 12,000 S.F. R.O.W. WEEDS 450 S.F.R.O.W. WEEDS 10,100 S.F.R.O.W. WEEDS 500 S.F. R.O.W. WEEDS 100 S.F. R.O.W. WEEDS TOTAL S.F. R-O-W WEEDS ABATED 24,200 R:'uMAINTAIN~V~,.C MP LTD\WE E DS~98L~P RI L. KPT DATE RECEIVED 04/01/98 o4/01/98 04/01/98 04102198 04102/98 04/02/98 04/02/98 04/03/98 04/03/98 04/07/98 04/07/98 04/07/98 04/08/98 04109198 04/13/98 04/16/98 04/17/98 04/17/98 04/17/98 04/17/98 04120198 04/20/98 04120198 04120198 04/21/98 04/21/98 04/22/98 04/23/98 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF APRIL, 1998 LOCATION REQUEST POTHOLES BACKFILL HOLES TREE REMOVAL FENCE DOWN ROAD GRADING ROAD GRADING CLOSE FENCE POTHOLES SINKHOLE POTHOLE POTHOLES POTHOLES TREE TRIMMING CURB AND GUTTER REPAIR TREE TRIMMING HAZ-MAT CONCERN ROAD GRADING ROAD GRADING POTHOLES TREE TRIMMING POTHOLS DEBRIS PICK-UP WEED ABATEMENT ROAD GRADING ROAD GRADING DEBRIS PICK-UP TREE TRIMMING TREE TRIMMING MARGARITA AT MORAGA 31275 PESCADO DRIVE 27549 ROSEBAY COURT 30661 KAHWEA ROAD 39450 PALA VISTA DRIVE 39390 LIEFER ROAD 31220 KAHWEA 28676 FRONT STREET 44648 FLEMING WINCHESTER AT JEFFERSON JOSEPH ROAD AT NICHOLAS ROAD MEADOWS PARKWAY AT PAUBA ROAD 29752 NIGHTVIEW CIRCLE 32227 CALA TORRENTE 41314 BRAVOS COURT 29642 RAMSEY COURT LIEFER ROAD GREEN HOOD ROAD PALA ROAD AT WOLF VALLEY 30542 BAY HILL DRIVE 27596 SWALLOW DRIVE 30692 DORAL COURT HWY 79S. AT AVENIDA DE MISSIONS 37310 GREENWOOD ROAD 37310 GREENWOOD ROAD NORTH GENERAL KEARNY AT MARGARITA 30542 BAYHILL DRIVE 31063 CORTE ALAMAR .DATE WORK COMPLETED 04/01/98 04/01/98 04/01/98 04/02/98 04/02/98 04/02/98 04102198 04/03/98 04/03/98 04/07/98 04107198 04/07/98 04108198 04/O9/98 04/13/98 04/16/98 04/17/98 04/17/98 04/17/98 04/17/98 04120198 04120198 04120198 04/20/98 04/21/98 04/21/98 04/22/98 04/23/98 R:\MAINTAIN~WKC M P LTD\SO RSLoS~u° RI L.RPT DATE RECEIVED 04/23/98 04123/98 04/23/98 04/23/98 04/27/98 04/27/98 04/27/98 04/27/98 04/28/98 04/30/98 LOCATION 39713 OAK CLIFF DRIVE CALLE ARANDA SPORTS PARKS 40120 PASEO DEL SOL 44661 VIA LUCIDO 33275 CORTF. YACA 31159 CORTE ALHAMBRA 29950 CORSE CANTERA 41841 MOP~NO ROAD 44919 MARGE PLACE REQ U EST TREE REMOVAL GRAFFITI GRAFFITI TREE REMOVAL TREE CONCERN TREE REMOVAL TREE REMOVAL TREE CONCERN POTHOLES DEBRIS REMOVAL DATE WORK COMPLETED 04/23/98 04/23/98 04/23/98 04/23/98 04/27/98 04/27/98 04127/98 04/27/98 04128198 04/3O/98 TOTAL SERVICE ORDER REQUESTS R:kMAINTAIN~WKC M PLTD\SO RS~98~AP KI L.RPT - 0 - O ~ 0 r~ - uJ