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081198 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694- 6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE AUGUST 11, 1998 - 7:00 PM 6:00 PM - Closed Session of the City Council pursuant to Government Code Sections: 1. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of portions real property located at 27622 and 27628 Jefferson Avenue. The negotiating parties are the City of Temecula and Connie Hill and Dean Hill. 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 42051 Main Street (APN 922-036-020), 28545 Front Street {APN 922-035-001 ), 28677 Front Street (APN 922-045-017|, 28735 Pujol Street (APN 922-062-019), 28731 Pujol Street (APN 922-062-016|, 28725 Pujol Street (APN 922-062-010), 42291 Sixth Street (APN 922-052-011), no situs (APN 922-053-080), 41830 Sixth Street (APN 922-031-018}, 41858 Fifth Street, (APN 922-031-009), 41843 Fifth Street (APN 922-022-010)o The negotiating parties are the City of Temecula/parcels of Redevelopment Agency of the City of Temecula and Lorraine Clark, Ladd Penfold, Cadeus Properties, Ladanyi, Rutner, Corbin, Ciais, Otto lot, Pelonero, Valencia, and Eppenger. Under negotiation are the price and terms of payment of the real property interests proposed to be conveyed and/or :acquired. 3. Conference with City Attorney and ·legal :counsel: :·pursuant to Government Code Section 54956.9(b) with respect..to .3 matters 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 and circumstances. 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. R:\Agenda\081198 1 Next in Order: Ordinance: No. 98-16 Resolution: No. 98-78 CALL TO ORDER: Mayor Ron Roberts presiding Prelude Music: Daniel Stoermer Invocation: Pastor Sofia Sadler of Harvester Church of Temecula Flag Salute: Councilman Lindemans ROLL CALL: Comerchero, Ford, Lindemans, Stone, Roberts PRFSFNTATIONR/ PROCI AMATIONS POP Team Presentation of the T.A.G. Program PUBLIC COMMFNTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL RFPORTS 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. CONSFNT CALIFNDAR NOTICF TO THI= PUBLIC All matters listed under Consent Calendar are considered to be routine end ell 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. R:\Agenda~081198 2 2 3 4 5 6 Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Approval of Minutes RECOMMENDATION: 2.1 Approve the minutes of July 14 and July 28, 1998. Resolution Approving List of D~mands 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 City Treasurer's Report as of June 30. 1998 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of June 30, 1998. Riverside County Transportation Commission Board Membership RECOMMENDATION: 5.1 Appoint a principal and an alternate representative to the newly constituted Board. Joint Project Funding Agreement - Highway 79 South Phase II RECOMMENDATION: 6.1 Approve the Joint Project Funding Agreement with the County of Riverside Assessment District No. 159 for Highway 79 South Phase II and authorize the Mayor to execute the agreement. R:\Agenda\081198 3 7 8 9 Acceptance of Grant Deed for portion of Pala Road (Temebula Creek) Bridge Project Right-of-Way and Related Purposes RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN CORPORATION GRANT DEED FOR RIGHT OF WAY; SLOPE EASEMENT, AND'TEMPORARY CONSTRUCTION EASEMENT FOR PALA ROAD (TEMECULA CREEK) BRIDGE PROJECT FOR STREET CONSTRUCTION PURPOSES BUT NOT ACCEPTING INTO THE CITY-MAINTAINED STREET SYSTEM AT THIS TIME (KCY DEVELOPMENT, INC., A CALIFORNIA CORPORATION) Accept Public Improvements in Parcel Map No. 24085-3 (Located Northwesterly of the Intersection of Diaz Road and Zevo Drive - Avenida de Ventas) RECOMMENDATION: 8.1 Accept the public improvements in Parcel Map 24085-3. 8.2 Authorize reduction in the Faithful Performance security to the warranty amount, and initiation of the one-year warranty period. 8.3 Direct the City Clerk to so advise the developer and surety. Acceptance of Public Streets into the City-Maintained $treet System (Within Parcel Map No. 24085-3 (Located westerly of the intersection of Winchester Road at Diaz Road) RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN PARCEL MAP NO. 24085-3) R:\Agenda\081198 4 10 11 12 Accept Substitute Agreement and Securities in Tract No. 23304 (located northerly of Rancho California Road westerly of Humbet Street) RECOMMENDATION: 10.1 Accept the substitute Subdivision Improvement Agreement and Securities in Tract No. 23304. 10.2 Authorize an eighteen (18) month extension of time and release the Faithful Performance and Labor and Materials securities on file. 10.3 Authorize release of the Subdivision Monumentation security on file. 10.4 Direct the City Clerk to so notify the developer and sureties. Accept In-Tract Public Improvements in Tract No, 24131-3 (located northwesterly of Meadows Parkway at Leena Way) RECOMMENDATION: 11.1 Accept In-Tract public improvements in Tract No. 24131-3. 11.2 Authorize reduction In-Tract Faithful Performance security amounts to the ten percent (10%) warranty amount, and initiation of the one-year warranty period. 11.3 Direct the City Clerk to so notify the developer and the surety. Acceptance of Public Streets into the City-Maintained Street System (within Tract No. 24131-3) (located at the northwesterly corner of Meadows Parkway at Leena Way) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION N0.98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 24131-3 R:\Agenda\081198 5 13 14 15 16 R:\Agenda\081198 Release Faithful Performance and ~ abor and Materials Securities in Tract No. 26861-1 (located southwesterly of the intersection of Margarita Road at Highway 79 S) RECOMMENDATION: 13.1 Authorize release of the Faithful Performance Warranty and Labor and Materials securities for public and private improvements in Tract No. 26861-1. 13.2 Direct the City Clerk to so advise the developer and surety. Release Faithful Performance Securities for Certain Iml~rovements in Tract No. 96861-3 (located southwesterly of the intersection of Highway 79 S at Margarita Road) RECOMMENDATION: 14.1 Authorize release of the Faithful Performance Warranty securities for certain improvements including private streets and drainage, and water and sewer systems in Tract No. 26861-3. 14.2 Direct the City Clerk to so notify the developer and surety. Release Faithful Performance Warranty Securities for Certain Iml;)rovements in Tract No. 96861- F ( located southwesterly of the intersection of Margarita Road at Highway 79 S) RECOMMENDATION: 15.1 Authorize the release of Faithful Performance Warranty securities for certain improvements in Tract No. 26867-F. 15.2 Direct the City Clerk to so advise the developer and surety. Second Reading of Ordinance No. 98-13 RECOMMENDATION: 16.1 Adopt an ordinance entitled: ORDINANCE NO. 98-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY, PRE-ZONING THE AREAS KNOWN AS THE REDHAWK AND VAIL RANCH SPECIFIC PLANS AS PART OF PLANNING APPLICATION NO. PA98-0205 ESTABLISHING ZONING FOR THIS AREA AS SPECIFIC PLAN THAT IS SUBSTANTIALLY IN THE FORM ATTACHED TO THIS ORDINANCE AS EXHIBIT A 6 17 Second Reading of Ordinance No. 98-14 RECOMMENDATION: 17.1 Adopt an ordinance entitled: ORDINANCE NO. 98-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING PORTIONS OF THE CITY'S DEVELOPMENT CODE PERTAINING TO SIDE YARD REQUIREMENTS FOR SHOPPING CENTERS, HEIGHTS OF ACCESSORY STRUCTURES IN THE HR, VL, L-1 AND L-2 ZONES, REGULATIONS FOR TEMPORARY CONSTRUCTION TRAILERS IN RESIDENTIAL ZONES, CLARIFYING SIDE YARD STORAGE FOR VEHICLES, RELOCATING THE MOTORCYCLE PARKING SPACE DIMENSIONS FROM SECTION 17.24.050.A. TO SECTION 17.24.040.G.3 (ADDED), REQUIREMENTS FOR WHEEL STOPS IN COMMERCIAL ZONES, MODIFYING SECTION 17.16.070 OF THE DEVELOPMENT CODE, DELETING PALA VILLAGE FROM THE LIST OF SPECIFIC PLANS AND AMENDING THE ZONING MAP FOR PROPERTIES IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 914-811-001,914-811-002, 914-811-003, 914-811-004, 914- 811-005, 914-811-006, 914-811-007, 914-812-001,914-812- 002, 914-812-003, AND 914-812-004 FROM VL (VERY-LOW DENSITY RESIDENTIAL .2-.4 DWELLING UNITS PER ACRE) TO LM (LOW-MEDIUM DENSITY RESIDENTIAL 3-6 DWELLING UNITS PER ACRE), ASSESSOR'S PARCEL NUMBERS 921-090-038 AND 921- 090-039 FROM H (HIGH-DENSITY RESIDENTIAL) TO LM (LOW- MEDIUM DENSITY RESIDENTIAL 3-6 DWELLING UNITS PER ACRE), ASSESSOR'S PARCEL NUMBERS 944-331-001 THROUGH 944-331-025 FROM SP - SPECIFIC PLAN (A PART OF THE RANCHO HIGHLANDS SPECIFIC PLAN) TO H (HIGH-DENSITY RESIDENTIAL 13-20 DWELLING UNITS PER ACRE) AND RE- ASSIGNING NUMBERS SP-1 THROUGH SP-8 TO THE VARIOUS SPECIFIC PLANS WITHIN THE CITY R:%Agenda\081198 7 18 Second Reading of Ordinance No. 98-15 RECOMMENDATION: 18.1 Adopt an ordinance entitled: ORDINANCE NO. 98-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d| OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMIT ON 1) AMARITA WAY BETWEEN PIO PICO ROAD AND MC CABE ROAD, 2) MONTELEGRO WAY BETWEEN PIO PICO ROAD AND MC CABE ROAD, 3) NICOLAS ROAD BETWEEN WINCHESTER ROAD AND VIA LOBO, AND 4) LA PAZ STREET BETWEEN YNEZ ROAD AND HIGHWAY 79 SOUTH RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY AND THE WINCHESTER HILLS FINANCING AUTHORITY R:\Agenda\081198 8 TEMECULA .COMMUNITY SERVICES DISTRICT' MEETING ********.,'~:,'~**:~:~':~*********************************************** Next In-Tract Order: Ordinance: No. CSD 98-01 Resolution: No. CSD 98-17 CALL TO ORDER: President Jeffrey E. Stone ROLL CALL: DIRECTORS: Comerchero, Ford,' Lindemans, Roberts, Stone PUBLIC COMMENT: 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. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of July 14 and July 28, 1998. Reduction of Landscape Bonds - The Presley Companies (Highway 79 South between Avenida de Missions and Country Glen Way RECOMMENDATION: 2.1 Authorize the reduction of the Landscape Improvement Bonds for Tract No. 23267-4 and 23267-5 to a 10% warranty amount of ~3,200 - The Presley Companies; R:\Agenda\081198 9 2.2 Authorize the reduction of the Landscape Improvement Bonds for Tract No. 26861 to a 10% warranty amount of $2,863 - The Presley Companies; 2.3 Direct the Secretary/City Clerk to notify 'the Developer and the Surety. 3 Comi)letion and Accel;)tance of the ADA Iml;)rovement Project (Project No. PW97- 09CSD) RECOMMENDATION: 3.1 File the Notice of Completion, release the Performance Bond, and accept a one- year (1) Maintenance Bond in the amount of 10% of the contract; 3.2 Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. DISTRICT BUSINI=SS DIRFCTOR OF COMMUNITY SFRVICES RFPORT ~FN;RAI MANA~FR'S RFPORT BOARn OF nlRFCTORS' RFPORTS ADJOURNMFNT Next regular meeting: August 25, 1998, scheduled to follow the City Council Consent Calendar, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\081198 10 TEMECULA REDEVELOPMENT AGENCY MEETING CALL TO ORDER: ROLL CALL: PUBLIC COMMENT: Chairperson Karel Lindemans presiding Next In-Tract Order: Ordinance: No. RDA 98-01 Resolution: No. RDA 98-14 AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone, Lindemans A total of 15 minutes is provided so members of the public may address the Redevelopmerit 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. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of July 14 and July 28, 1998. RECONVENE TEMECULA CITY COUNCIL - Mayor Roberts JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BUSINESS 2 Transportation in Old Town Temecula - People Mover Program RECOMMENDATION: 2.1 Consider allocating funds and providing staff direction on the proposed transportation program to assist Old Town during construction. R:\Agenda\081198 11 RECESS CITY COUNCIL MEETING - Mayor Roberts EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: August 25, 1998, scheduled to follow the Community Services District Meeting, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\081198 12 WINCHESTER HILLS :.FINA.N:CING AUTHORITY Next In-Tract Order: Ordinance: No. WHFA 98-02 Resolution: No. WHFA 98-13 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL: AUTHORITY MEMBERS: Ford, Lindemans, Roberts, Stone, Comerchero PUBLIC COMMENT: 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. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of July 28, 1998 EXECUTIVE DIRECTOR'S REPORT AUTHORITY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: August 25, 1998, scheduled to follow the Redevelopment Agency meeting, City Council Chambers, 43200 Business Park Drive, Temecula, California R:\Agenda\081198 13 RECONVENE TEMECULA CITY COUNCIL PUBLIC HFARINRS Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. 19 AdoDtion of 7oning Regulations and Licensing of Sexually Oriented Businesses RECOMMENDATION: 19.1 Continue the public hearing to the meeting of August 25, 1998. COUNCIL BUSINFSS 20 Planning ADI;)lication No. PA98-0:~35 - Commencement of Actions Necessary to I')etach Certain Real ProDerty from the City of Temecula. located on the North Side of Winchester Road. at the City's Northern City Limit and Known as Assessor's Parcel No. 911-140-007 {Sonny Salkind. Prol;)erty Owner) RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA98- 0235 - THE COMMENCEMENT OF ACTIONS NECESSARY TO DETACH CERTAIN REAL PROPERTY FROM THE CITY OF TEMECULA AND WAIVING CONDUCTING AUTHORITY PROCEEDINGS PER SECTION 56837 OF THE GOVERNMENT CODE, FOR PROPERTY LOCATED ON THE NORTH SIDE OF WINCHESTER ROAD, AT THE CITY'S NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NO. 911-140-007 R:\Agenda\081198 14 21 Termination of Museum Lease with Temecula Valley Museum RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO, 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN SECOND AMENDMENT TO AMENDED AND RESTATED MUSEUM LEASE AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY MUSEUM, INC., TERMINATING THE LEASE CITY MANAC-I=R'S RFPORT CITY ATTORNI=Y'S RFPORT ADJOURNMFNT Next regular meeting: August 25, 1998, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agende\081198 15 PROCLAMATIONS AND PRESENTATIONS ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JULY 14, 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 28545 Front Street (APN 922-036-031 ). The negotiating parties are an interest in Redevelopment Agency of the City of Temecula and Lynn Ackley. 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 42051 Main Street (APN 922-036-020), 28545 Front Street (APN 922-035-001), 28677 Front Street (APN 922-045-017). The negotiating parties are the City of Temecula/parcels of Redevelopment Agency of the City of Temecula and Lorraine Clark, Ladd Penfold, and Cadeus Properties. Under negotiation are the price and terms of payment of the real property interests proposed to be conveyed and/or acquired. 3. 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, Temecula. The negotiating parties are the Redevelopment Agency of the City of Temecula and Affirmed HousingFFemecula Gardens. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired and conveyed. 4. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at (1) APN Nos. 950-110-022, 024, 025, and 026 and (2) 950-110-032, each located off Pala Road, south of Highway 79 South. The negotiating parties are the City of Temecula and (1) Pala Rainbow, LLC, and (2) KCY Development. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. 5. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at a portion of the property located at 26531 Ynez Road (APN 921-720-014). The negotiating parties are the City of Temecula and Advanced Cardiovascular/Guidant Corporation. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. 6. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(b) with respect to two (2) matters of potential litigation. With respect to each matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and/or the Agency based on existing facts and circumstances. Temecula City Council ROLL CALL PRESENT: Councilmembers: Comerchero, Ford, and Roberts. July 14, 1998 Lindemans, Stone, ABSENT: Councilmember: None. PRELUDE MUSIC The prelude and intermission music was provided by Brad Beyenhof. INVOCATION The invocation was given by Pastor Doug Cole of Church of Christ. ALLEGIANCE The audience was led in the Flag salute by Cub Scout Pack 367. PRESENTATIONS/PROCLAMATIONS Livable Communities Award from SCAG Advising that the City has received this award on behalf of the quality of life improvements in Old Town, Community Development Director Thornhill recognized the various City Departments associated with these improvements and in ensuring the receipt of this award. Arrow of Light Certificates Mayor Pro Tem Ford presented the Arrow of Light Certificates to the attending Cub Scouts. Deacon Jones Charity Presentation By way of a brochure, Mr. Deacon Jones proceeded with an overview of his organization and its efforts to work with the youth in order to resolve youth problems. Mr Jones relayed his desire to work with the City of Temecula in resolving youth problems and requested the City's support of his program. PUBLIC COMMENTS None. CITY COUNCIL REPORTS A. Councilman Comerchero commented on the first Councilman's Night In, advising that the next one will the second Monday in August which Mayor Roberts will be attending and that appointments may be made through the City Manager's office. Temecula CiW Council Julv 14. 1998 B. Advising that he had attended the California League of Cities meeting, Councilman Stone provided information with regard to the State's proposed repeal of the Vehicle License Fee, noting that no final agreement has been reached. C. Councilman Stone requested that staff address the appearance of the medians on Jefferson Avenue traveling from the City of Murrieta toward the City of Temecula. D. Councilman Lindemans noted that he had artended the Groundbreaking Ceremony for the Old Town Streetscape Improvements and reiterated the need for adequate and proper promotion for these merchants during the time of construction. E. In response to Mayor Roberts' concern, Public Works Director Kicak commented on a recent signalization problem at the Winchester Corridor, noting that it was the result of a computer input problem; that Caltrans was contacted; and that the problem should be resolved. F. Mayor Roberrs advised that the California High-Speed Rail Authority will be meeting in Riverside on July 15, 1998. Because this high-speed rail will be traveling along the Interstate 15 corridor, Mayor Roberrs relayed the City's interest in lobbying for the location of this high-speed rail in an effort to obtain a stop in the Temecula/Murrieta area. 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 June 11 and June 16, 1998. 3. Resolution Approving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO, 98-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. City Treasurer's Report as of May 31.1998 4.1 Receive and file the City Treasurer's Report as of May 31, 1998. Temecula City Council 5. 10. Julv 14, 1998 City Treasurer's Statement of Investment Policy 5.1 Adopt the Treasurer's Statement of Investment Policy as proposed by staff which provides safety, liquidity, and yield for City funds. Resolution Establishing City's Gann Appropriations Limit for Fiscal Year 1998-99 6.1 Adopt a resolution entitled: RESOLUTION NO. 98-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 1998-99 Purchase of Software 7.1 Authorize the purchase of Microsoft Windows 98 and Microsoft Office Pro 97 software from Compucom, Los Angeles, California, in the amount of $61,749.56. Records Destruction Approval 8.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. Second Amendment to Agreement between City of Temecula and BidAmerica 9.1 Approve the Amended Scope of Services to include the scanning of building plans for the Building and Safety Department in its proposal for an additional amount not to exceed ten t'housand sixty nine dollars ($10,069.00); 9.2 Authorize the Mayor to execute the Second Amendment to the Agreement between the City of Temecula and BidAmerica. Acceptance of Public Streets into the City-Maintained Street System (within Tract Nos, 27827-1 and 27827-F - north side Nicolas Road from North General Kearny Road westerly) 10.1 Adopt a resolution entitled: RESOLUTION NO. 98-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN STREETS INTO THE CITY- MAINTAINED STREET SYSTEM (WITHIN TRACT NOS. 27827-1 AND 27827-F) Temecula City Council 11. 12. 13. 14. 15. Julv 14, 1998 Accept Public Improvements in Tract No. 27827-F (northwesterly corner of intersection of North General Kearny Road at Nicolas Road) 11.1 Accept the public improvements in Tract No. 27827-F; 11.2 Authorize reduction in Faithful Performance bond amount for street and drainage, and water and sewer system improvements to the ten percent (10%) warranty level, and initiation of the one-year warranty period; 11.3 Direct the City Clerk to so advise the Developer and Surety. Release Faithful Performance Warranty and Labor and Materials Securities in Tract No. 27827-3 (northwesterly of intersection of North General Kearny Road at Nicolas Roadl 12.1 Authorize release of the Faithful Performance Warranty and Labor and Materials Securities for public street, water, and sewer improvements in Tract No. 27827- 3; 12.2 Direct the City Clerk to so advise the Developer and Surety. Accept Public Imi~rovements in Tract No, ~78~7-1 {northwesterly corner of intersection of North General Kearny Road at Nicolas Roadl 13.1 Accept the public improvements in Tract No. 27827-1; 13.2 Authorize reduction in Faithful Performance bond amount for street, water, and sewer improvements to the ten percent (10%) warranty level, and initiation of the one-year warranty period; 13.3 Direct the City Clerk to so advise the Developer and Surety. Acceptance of Public Streets into the City-Maintained Street System {within Tract No. 24133-5 - located westerly of Montelegro Way between McCabe Drive and Leena Way) 14.1 Adopt a resolution entitled: RESOLUTION NO. 98-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN STREETS INTO THE CITY- MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 24133-5) Accept public Improvements in Tract No. 24133-5 {located westerly of Montelegro Way between McCabe Drive and Leena Way) 15.1 Accept the public improvements in Tract No. 24133-5; Ternecula City Coqncil Julv 14, 1998 15.2 Authorize reduction in the Faithful Performance security amounts to the ten percent (10%) warranty level, and initiation of the one-year warranty period; 15.3 Direct the City Clerk to so advise the developer and surety. 16. Partial Reduction in Faithfpl Performance Security Amount in Tract No. 21818 (westerly of intersection of Via Norte at Kahwea Road) 16.1 Authorize fifty percent (50%) reduction in Faithful Performance Public Improvement security for Street and Drainage, and Water System improvements in Tract No. 21818; 16.2 Direct the City Clerk to so advise the Developer and Surety. 17. Release Bond for Traffic Signalization Mitigation Fees in Parcel Map No. 19677 (northwest of Ynez Road and north of Winchester Road) 17.1 Authorize release of bond for Traffic Signal Mitigation Fees in Parcel Map No. 19677; 17.2 Direct the City Clerk to so notify the developers and the Clerk of the Board of Supervisors. 18. City of Temecula Tree Policy 18.1 Adopt a resolution entitled: RESOLUTION NO. 98-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CITY OF TEMECULA TREE POLICY MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. I - 18. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. At 7:34 P.M., a short recess was called. The meeting was reconvened at 7:48 P.M. in order for the City Council to convene as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Winchester Hills Financing Authority. At 8:03 P.M., the City Council resumed with regularly scheduled City Council business. PUBLIC HEARINGS 19. Planning Application No. PA95-0130 (Development Agreement Amendment) 19.1 Adopt a resolution entitled: Temecula Citv Council Julv 14. 1998 RESOLUTION NO. 98-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A NEGATIVE DECLARATION AND THE MITIGATION MONITORING PROGRAM FOR PLANNING APPLICATION NO. PA95-0130 19.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 98-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 90-1, WITH WESTSIDE BUSINESS CENTRE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 19.3 Adopt a resolution entitled: RESOLUTION NO. 98-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PARKLAND IMPROVEMENT AGREEMENT FOR THE MURRIETA CREEK PILOT PARK Community Development Director Thornhill presented the staff report (as per agenda material). In response to Councilman Lindemans, Mr. Thornhill clarified that the entire 11-mile Creek area will not be developed to the level as proposed for this five-acre area, noting that a majority of the area will be retained in a fairly natural state with specific anchor areas. With regard to the annual cost of maintenance for this five-acre park project, Mr. Thornhill advised that this cost was based on City cost. Mayor Pro Tem Ford noted that the proposed five-acre park project would simply serve as a display of what could be accomplished in various areas along the Creek and echoed Mr. Thornhill's comment that a majority of this 11-mile Creek area will be retained in a natural state to further ensure low maintenance. Clarifying the requested City Council action this evening with regard to this Item, Councilman Comerchero relayed his support to allow Mr. Dendy the ability to abandon the two-acre park site and to develop this five-acre site. Community Development Director Thornhill commented on the benefits of such a park project such as the ability to reestablish habitat areas for which the City would obtain credit for habitat Temecula Citv Council Julv 14. 1998 restoration. At this time, Mayor Roberts opened the public hearing. Mr. Bill Dendy, Westside Business Centre, offered to build the pilot park project and to maintain it for one year (at an estimated cost of $4,000). After the one year, Mr. Dendy stated that park may be accepted into the City system. At this time, Mayor Roberts closed the public hearing. At this time, City Attorney Thorson read Ordinance No. 98-11 into the record. MOTION: Councilman Comerchero moved to concur with the staff recommendation. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval. 20. Consideration of First Amendment to Development Agreement and Agreement for Reduction of Development Impact Fees for paseo (Paloma) Del Sol Project 20.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 98-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT, PASEO DEL SOL BETWEEN THE CITY OF TEMECULA AND CAL-PASEO DEL SOL, LLC, SPECIFIC PLAN 219 (PLANNING APPLICATION NO. PA95-0116) 20.2 Adopt a resolution entitled: RESOLUTION NO. 98-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PUBLIC FACILITIES DEVELOPMENT IMPACT FEE REDUCTION AGREEMENT BETWEEN THE CITY OF TEMECULA AND CAL- PASEO DEL SOL, LLC City Attorney Thorson presented the staff report (as per agenda material), clarifying that the proposed amendments strictly pertain to developer's ability to construct, own, and maintain certain park land, greenbelts, slopes, recreational facilities, and paseos. At this time, Mayor Roberts opened the public hearing. There being no public input, Mayor Roberts closed the public hearing. 8 Temecula Citv Council Julv 14. 1998 For Mayor Pro Tem Ford, Public Works Director Kicak provided additional clarification with regard to the percentage of reimbursement for the public facilities. City Attorney Thorson read Ordinance No. 98-12 into the record. MOTION: Councilman Lindemans moved to approve staff recommendation. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval. COUNCIL BUSINESS 21. Murrieta Creek Pilot Project, Diaz Road at Winchester Road - Plan Check and Map Fees 21.1 Approve waiver of Plan Check and Inspection Fees for development of the Murrieta Creek Pilot Park Project. Public Works Director Kicak reviewed the staff report (of record). Because of her inability to attend the City Council meeting, City Clerk Jones read into the record a letter from Ms. Jeannie Gillen requesting the approval to waive the Plan Check and Inspection fees. MOTION: Councilman Lindemans moved to approve the staff recommendation. The motion was seconded by Mayor Pro Tem Ford. (Additional discussion ensued after which a voice vote reflected denial of this motion; see below.) In response to Mayor Roberts, City Attorney noted that the City Council would not be setting a precedent by the approval of this request because the City Council takes action on each project based on its own merits. Relaying his opposition to waiving these fees, Councilman Stone stated that he would not favor such action until the park is accepted as part of the City Park Plan. Reiterating that once the park is accepted by the City, he would favor a reimbursement of the paid fees. Concurring with Councilman Stone, Councilman Comerchero viewed the approval of such action as precedent setting and favored the reimbursement of the fees once the park is accepted into the City park system. Councilman Stone requested that staff further explore that true cost to the City for maintaining this five-acre park. At this time, voice vote on the previously made motion reflected denial as follows: AYES: Ford and Lindemans. NOES: Comerchero, Stone, and Roberts. Temecula City Council Julv 14. 1998 ABSENT: None. 22. Consideration of adoption of two Resolutions Of Necessity for the Acquisition in Eminent Domain of Property for Bridge Improvement and related Road Realignment and Improvement Purposes in connection with the Pala Road Bridge Improvement and Road Realignment Project (Federal Project Nos. BRLS - 5459(003). BRRS - W950) 22.1 Consider Resolution No. 98-67 and Resolution No. 98-68, Resolutions of Necessity of the City of Temecula Declaring Certain Real Property Necessary of Public Purposes and Authorizing the Acquisition thereof in connection with the Pala Road Bridge Improvement and Road Realignment Project; 22.2 Open and conduct a hearing as to each proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this report as to each proposed resolution, take testimony from any person wishing to be heard on issues A, B, C, D, below as they relate to each proposed acquisition, and consider all of the evidence to determine whether to adopt each proposed Resolution; 22,3 If the City Council finds, based on the evidence contained and referred to in this report, the testimony received at the hearings, that the evidence warrants the necessary findings with respect to each proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 98-67 and proposed Resolution No. 98-68 (each of which requires a separate, 4/5ths or unanimous vote of the entire Council for adoption) and authorize the commencement of eminent domain proceedings for acquisition of the subject property interests; RESOLUTION NO. 98-67 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PALA ROAD BRIDGE AND ROAD REALIGNMENT IMPROVEMENT PROJECT (FEDERAL PROJECT NOS. BRLS-5459|003) AND BRRS-W950| RESOLUTION NO. 98-68 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PALA ROAD BRIDGE AND ROAD REALIGNMENT IMPROVEMENT PROJECT (FEDERAL PROJECT NOS. BRLS-5459(003) AND BRRS-W950| 10 Temecula Citv Council Julv 14. 1998 22.4 As to each resolution, if approved, approve warrants, each warrant being payable to the Clerk of the Court, Riverside County in the amount of ~295,000.00 for deposit in court to obtain an order for possession of the Pala Rainbow, LLC property interests, and in the amount of $11,200.00 for deposit in court to obtain an order for possession of the KCY Development property interests; 22.5 Authorize the City Manager to execute all necessary documents. City Attorney Thorson presented the staff report (of record), advising that the City will continue to negotiate with the landowners and clarifying that this is the appropriate time to make formal preparations to acquire the property in order to conduct improvements on the property. MOTION: Councilman Stone moved to approve staff recommendation. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. City Manager Bradley reiterated that negotiations are continuing with the property owners. Although Mr. Lowry, Pauba Rainbow, LLC, does not object to the taking of the property, Mr. Bradley relayed the following issues to the City Council: that Mr. Lowry is not desirous of continuing to own land under a road which the City is building; that Mr. Lowry is desirous of buying some of the old right of way for the old road to enhance the remaining parcel; that Mr. Lowry would like to swap 1.69 acres needed to be taken for habitat mitigation measures for some of the property he owns in order to make his developable property more valuable; that the City will continue its efforts with Caltrans to provide adequate access to the property; that the City will continue to work with the County regarding AD 159 Flood Control issues for water which is coming across State Highway 79 which is impacting the property own by Paula Rainbow, LLC. 23. Consideration of adoption of a ResOlution of Necessity for the Acquisition in Eminent Domain of Property for Street Improvement. Road and Highway Purposes in connection with the Overland Drive Overcrossing Improvement Project 23.1 Consider adoption of proposed Resolution No. 98-69, a Resolution of Necessity of the City of Temecula Declaring Certain Real Property Necessary for Public Purposes and Authorizing the Acquisition thereof in connection with the Overland Drive Overcrossing Project; 11 Temecula City Council Julv 14, 1998 23.2 Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this report, take testimony from any person wishing to be heard on issues A, B, C and D below, and consider all of the evidence to determine whether to adopt the proposed Resolution, which requires a unanimous or 4/5ths vote; 23.3 if the City Council finds, based upon the evidence contained in and referred to in this report, the testimony and comments received in this hearing, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 98-69 (which requires a 4/5ths vote of the entire Council) and the following authorize that an eminent domain proceeding be filed to acquire the subject property interests: RESOLUTION NO. 98-69 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE OVERLAND DRIVE OVERCROSSING IMPROVEMENT PROJECT City Attorney Thorson presented the staff report (as per agenda material) and added the following recommendations: 23.4 Approve issuance of a warrant payable to the Clerk of the Court, Riverside County, in the amount of $1,124,300.00 for the deposit in court to obtain an order for possession of the Advanced Cardiovascular Guidant property; 23.5 Authorize the City Manager to execute all necessary documents. City Attorney Thorson presented the staff report (of record). MOTION: Councilman Stone moved to approve the staff recommendation including the added recommendations as per City Attorney Thorson. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. Noting that there is no objection to the taking of the property, City Manager Bradley advised that negotiations are continuing with Guidant with regard to the acquisition of the right-of-way as well as the resolution of the purchase price. 24. Traffic Signal Update 24.1 Oral Report presented by PUblic Works Director Kicak. 12 Temecula Citv Council Julv 14. 1998 Public Works Director Kicak noted that the signal on Pauba Road at Fire Station No. 84 will be operational as of Thursday, July 16, 1998. CITY MANAGFR'S RFPORT No comments. CITY ATTORNEY'S RFPORT With regard to Closed Session Item Nos. I - 5 (real property matters), City Attorney Thorson advised that City Council gave staff direction as to the negotiation. With regard to Closed Session Item No. 6 (potential litigation), City Attorney Thorson advised that City Council provided direction to him and that an update was provided at the time. ADJOURNMENT At 8:56 P.M., Mayor Roberrs formally adjourned the City Council meeting to Tuesday, July 28, 1998, at 7:00 P.M. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] 13 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JULY 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 42051 Main Street (APN 922-036-020), 28545 Front Street (APN 922-035-001 ), 28677 Front Street (APN 922-045-017), 28735 Pujol Street (APN 922-062-019), 28731 Pujol Street (APN 922-062-016), 28725 Pujol Street (APN 922-062-010), 42291 Sixth Street (APN 922-052-011), no situs (APN 922-053-080), 41830 Sixth Street (APN 922-031-018), 41858 Fifth Street, (APN 922-031-009), 41843 Fifth Street (APN 922-022-010). The negotiating parties are the City of Temecula/parcels of Redevelopment Agency of the City of Temecula and Lorraine Clark, Ladd Penfold, Cadeus Properties, Ladanyi, Rutner, Corbin, Ciais, Otto lot, Pelonero, Valencia, and Eppenger. Under negotiation are the price and terms of payment of the real property interests proposed to be conveyed and/or acquired. 2. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at a portion of the Palm Plaza Shopping Center located generally at the southwest corner of Winchester Road and Ynez Road (APN 910- 300-001, -005, -006. The negotiating parties are the City of Temecula and KR Palm Plaza, Inc. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. 3. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(b) with respect to three matters 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 and circumstances. At 7:01 P.M., the City Council meeting was reconvened to discuss regularly scheduled City Council items. ROLL CALL PRESENT: Councilmembers: Comerchero, Ford, Stone, and Roberrs. ABSENT: Councilmember: Lindemans. PRELUDE MUSIC The prelude and intermission music was provided by Eve Craig. INVOCATION The invocation was given by Mayor Pro Tem Ford. ALLEGIANCE The audience was led in the Flag salute by Mayor Pro Tem Ford. PRESENTATIONS/PROCLAMATIONS Native American Indian Heritac~e Month Proclamation Mayor Pro Tern Ford presented the Proclamation to Mr. Clarence Madden. Certificate of Honor to Carol Scott - 1998 Temecula Good Neighbor Recipient Mayor Pro Tem Ford presented the Certificate of Honor to Mrs. Carol Scott. PUBLIC COMMENTS A. Referencing his letter of record (copies submitted to the Council), Mr. John Broderick, 4061 2 Nob Court, relayed his dismay with the appearance of the existing barricade on Kahwea Road. Because this barricade causes a limited accessibility to the neighborhood, Mr. Broderick commented on safety issues and requested that the barricade be removed and that Kahwea Road be opened. Public Works Director Kicak advised that staff will explore the options of opening the barricade and/or closing it and that this information would be forwarded to the Traffic and Safety Commission for review and recommendation. Having visited the area of discussion, Mayor Pro Tem Ford viewed the situation as unsafe and recommended that the barricade be either temporarily removed or closed during this review period. B. Mr. Clarence Madden, 45333 Zuma Drive, requested the City Council's sponsorship of the World Youth Student Travel Conference which has been scheduled 9/27 - 10/3/98 in Miami, Florida. C. Mrs. Cathy Martinez, 45337 Silverado Lane, discussed the on-going traffic problem on Highway 79 S and Pala Road and requested a resolution to the problem. Councilman Stone requested that Mrs. Martinez leave her phone number with staff and that she will be contacted to discuss the matter. CITY COUNCIL REPORTS A. Councilman Stone advised that he has spoken with Mr. Hoffman with regard to the installation of sidewalks at Nicolas School, noting that the project has been rebid; that the contract should be awarded within 35 days; and that the project should be completed within a two-week period. B. With regard to the sidewalks at Nicolas School, Mayor Pro Tem Ford suggested that a letter be sent to the County requesting that the existing drainage problem be addressed. C. Having visited the County's Website, Mayor Pro Tern Ford noted that the City of Temecula map designation is not easily accessible as are other cities. D. Mayor Pro Tem Ford requested that the Mayor and he once again meet with the City of Murrieta to address traffic issues. E. Advising that he will be attending a Riverside County Habitat Agency meeting on Wednesday, July 29, 1998, Mayor Pro Tem Ford commented on the need to retain the RCHA and encouraged the potential impacted cities within the County to work together with regard to the multi-species issues. F. Mayor Roberrs informed the public that the Board of Supervisors has approved the funding for the French Valley Fire Station No. 83, noting that its opening will assist the response time on the east side of the City; that the Station has been built; and that it should be staffed and operational by September. Mayor Roberrs requested that a letter of appreciation be forwarded to the Board of Supervisors. CONSENT CALENDAR 1. Standard Ordinance AdoDtion 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 June 23, 1998. 3. ResOlution Approving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 98-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Records Destruction Approval 4.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. Authorization to Execute Agreements for the Use of 1998-99 Fiscal Year Community Development Block Grant Funds 5.1 Authorize the Mayor to execute the Supplemental Agreement for the 1998-99 Fiscal Year Community Development Block Grant Funds; 5.2 Authorize the Director of Finance to execute a Sub-Recipient Agreement with the Valley Intervention Program for Tots (VIP Tots) for administration of the 1998-99 Fiscal Year Community Development Block Grant Funds. Accept Substitute Labor and Materials Security in Parcel Map No. 28471-1 (located southwesterly of the intersection of Winchester Road and Zevo Drive 6.1 Accept the Substitute Labor and Materials security for public street, and water and sewer improvements; 6.2 Authorize release of the cash deposit which secured Labor and Materials; 6.3 Direct the City Clerk to so notify the Developer and Surety. Authorize Deletion of Condition of Approval for Street Lighting as Public Improvement Requirement in Tract Nos. 21818. 21821, and 23583 (Meadowview Area): 7.1 Adopt a resolution entitled: RESOLUTION NO. 98-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DELETING CONDITION OF APPROVAL FOR TRACT NOS. 21818, 21821, AND 23583 WHICH REQUIRED STREET LIGHT INSTALLATION IN THE MEADOWVIEW AREA 10. 11. Accept Public Improvements in Tract No. 21818 subject to City Council Resolution No. 98- deleting Public Street Lighting in the Meadowview Area {westerly of intersection of Via Norte at Kahwea Road) 9.1 Accept the Public Improvements in Tract No. 21818 subject to the approval of City Council Resolution No. 98-71 which deletes the Condition of Approval requiring Public Street Lighting in the Meadowview area; 9.2 Authorize reduction in Faithful Performance securities to the ten percent (10%) warranty level, and initiation of the one-year warranty period; 9.3 Direct the City Clerk to so advise the Developer and Surety. Release Faithful performance Warranty and Labor and Materials Securities in Tract No. 24134-1 (southeasterly of intersection of Pauba Road at Margarita Road) 9.1 Authorize release of the Faithful Performance Warranty and Labor and Materials securities for street and drainage, and water and sewer system improvements in Tract No. 24134-1; 9.2 Direct the City Clerk to so advise the Developer and Surety. Release Securities for Traffic Signalization Mitigation in Tract Nos. 24131-2 and 24131 - 3 {northwesterly of Meadows Parkway at Leena Way) 10. 1 Authorize release of securities for Traffic Signalization Mitigation in Tract Nos. 24131-2 and 24131-3; 10.2 Direct the City Clerk to so notify the Developer and the Surety. Acceptance of Public Streets into the City-Maintained Street System {within Tract No, 21818 - located westerly of intersection of Via Norte at Kahwea Road) 12.1 Adopt a resolution entitled: RESOLUTION NO. 98-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN STREETS INTO THE CITY- MAINTAINED STREET SYSTEM {WITHIN TRACT NO. 21818) 12. Solicitation of Construction Bids and Approval of the Plans and Specifications for the Median Islands on Winchester Road west of Jefferson Avenue - Project No. PW97-21 and the Traffic Signal on Winchester Road at Enterprise Circle North/West - Project PW97-30 12.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit public construction bids for median islands on Winchester Road west of Jefferson Avenue - Project No. PW97-21 and the Traffic Signal on Winchester Road at Enterprise Circle North/West - Project PW97-30. 13. Solicitation of Construction Bids for Traffic Signal Installation at the Intersection of Rancho California Road and Via Las Colinas - Project No. PW97-29 13.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit public construction bids for Project No. PW97-29, the traffic signal installation at the intersection of Rancho California Road and Via Las Colinas. 14. Solicitation of Construction Bids and Approval of the Plans and Specifications for the Winchester Road/I-15 Southbound Off-Ramp Widening - Phase I - Project No, PW97-O3 14.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit public construction bids for Winchester Road/I-15 Southbound Off-Ramp Widening - Project No. PW97-03. 15. Solicitation of Construction Bids for the Storm Drain Improvements for the Overland Drive Improvements and Margarita Road Street Widening - Project No. PW97-07 15.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit public construction bids for a portion of Project No. PW97-O7, Storm Drain Improvements for the Overland Drive Improvements and Margarita Road Street Widening Project. Pulled for separate discussion; see page 8. 16. Encroachment Permit from Riverside County Flood Control and Water Conservation District for the Old Town Streetscape Project - Project No. PW97-05 16.1 Approve the Encroachment Permit required by Riverside County Flood Control and Water Conservation District in the amount of ~ 1,150.00 and authorize the Mayor to execute the permit. Councilman Stone abstained with regard to this Item. 17. No Turn on Red 4:00 P.M. o 6:00 P.M. MON - FRI - Northbound Front Street at Rancho California Road 17.1 Adopt a resolution entitled: RESOLUTION NO. 98-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING NO TURN ON RED 4:00 P.M. TO 6:00 P.M. MONDAY THROUGH FRIDAY ON NORTHBOUND FRONT STREET AT RANCHO CALIFORNIA ROAD Pulled for separate discussion; see pages 8 - 9. 18. Riverside County Library Contract Amendment 18.1 Authorize the City Manager to execute the First Amendment to Agreement to provide Library Services (Additional Staff); 18.2 Authorize the expenditure of an amount not to exceed $115,000 to fund the Temecula Library Volunteer Coordinator half-time position, and to subsidize funding to maintain the Senior Reference Librarian and Reference Librarian positions at the fiscal year 1997-98 level for fiscal year 1998-99. Pulled for separate discussion; see page 9. 19. Second Reading of Ordinance No. 98-11 19.1 Adopt an ordinance entitled: ORDINANCE NO. 98-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 90-1 WITH WESTSIDE BUSINESS CENTRE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 20. Second Reading of Ordinance No. 98-12 20.1 Adopt an ordinance entitled: ORDINANCE NO. 98-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT, PASEO DEL SOL BETWEEN THE CITY OF TEMECULA AND CAL-PASEO DEL SOL, LLC, SPECIFIC PLAN 219 (PLANNING APPLICATION NO. PA95-0116| MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. I - 14, 16, 19- 20 (Item Nos. 15, 17, and 18 pulled). The motion was seconded by Mayor Pro Tem Ford and voice vote reflected unanimous approval with the exception of Councilman Lindemans who was absent. CONSENT CALENDAR ITEMS UNDER SEPARATE DISCUSSION 15. Solicitation of Construction Bids for the Storm Drain Improvements for the Overland Drive Improvements and Margarita Road Street Widening - Project No, PW97-07 15.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit public construction bids for a portion of Project No. PW97-07, Storm Drain Improvements for the Overland Drive Improvements and Margarita Road Street Widening Project. Highlighting the proposed changes in the staff report (of record), Public Works Director Kicak noted the above-mentioned recommendation has been changed to as follows: 15.1 Approve the Plans and Specifications for Storm Drain Construction on Margarita Drive from Winchester Road southerly and authorize the City Manager to enter into a purchase agreement for up to $150,000 for materials; 15.2 Authorize staff to solicit bids for the construction; 15.3 Authorize staff to pre-order the pipe for the construction of the above storm drain. MOTION: Councilman Comerchero moved to approve the newly proposed staff recommendation. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval with the exception of Councilman Lindemans who was absent. 17. No Turn on Red 4:00 P,M, - 6:00 P,M, MON - FRI - Northbound Front Street at Rancho California Road 17.1 Adopt a resolution entitled: RESOLUTION NO. 98-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING NO TURN ON RED 4:00 P.M. TO 6:00 P.M. MONDAY THROUGH FRIDAY ON NORTHBOUND FRONT STREET AT RANClIO CALIFORNIA ROAD Noting his support of this issue, Mayor Pro Tem Ford reviewed the proposed change and noted that he had only pulled the matter in order to apprise the public. MOTION: Mayor Pro Tem Ford moved to approve the staff recommendation. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval with the exception of Councilman Lindemans who was absent. 18. Riverside County Library Contract Amendment 18.1 Authorize the City Manager to execute the First Amendment to Agreement to provide Library Services (Additional Staff); 18.2 Authorize the expenditure of an amount not to exceed $115,000 to fund the Temecula Library Volunteer Coordinator half-time position, and to subsidize funding to maintain the Senior Reference Librarian and Reference Librarian positions at the fiscal year 1997-98 level for fiscal year 1998-99. Reviewing measures taken to mitigate the City's impact as a result of the City of Murrieta's withdrawal from the County Library system, Senior Management Analyst Kuhns presented the staff report (of record), noting that each time a City of Murrieta resident utilizes a County library, a transaction fee would be imposed to the resident; that the State would reimburse the County Library system for this transaction; and that this reimbursement would then be redistributed to the City. Although this reimbursement fee will compensate for a portion of the overall loss, Councilman Stone reiterated the need to construct the City's Municipal Library; at which time, the City may impose its own charges to those City residents not within the County Library system. MOTION: Councilman Stone moved to approve staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval with the exception of Councilman Lindemans who was absent. PUBLIC HEARINGS 21. Planning Application No. PA98-0~05 (Pre-7oning and Annexation of the Redhawk and Vail Ranch Specific Plan Areas) 21.1 Adopt the Negative Declaration with a Finding of DeMinimus Impact for Planning Application No. PA98-0205 (Pre-Zoning and Annexation); 21.2 Adopt Mitigation Monitoring Program for Planning Application No, PA98-0205 (Pre-Zoning and Annexation); 21.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 98-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY, PREZONING THE AREAS KNOWN AS THE REDHAWK AND VAIL RANCH SPECIFIC PLAN AREAS ESTABLISHING ZONING FOR THESE AREAS AS SPECIFIC PLAN AS PART OF PLANNING APPLICATION NO. PA98-0205 AND SUBSTANTIALLY IN THE FORM ATTACHED TO THIS ORDINANCE AS EXHIBIT B 21.4 Adopt a resolution entitled: RESOLUTION NO. 98-74 A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE COMMENCEMENT OF PROCEEDINGS REORGANIZING THE JURISDICTIONAL BOUNDARIES OF CERTAIN INHABITED TERRITORY DESCRIBED HEREIN AS THE REDHAWK AND VAIL RANCH SPECIFIC PLAN AREAS TO INCLUDE WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF TEMECULA AND SAID AREAS TO INCLUDE SAID TERRITORY WITHIN THE TEMECULA COMMUNITY SERVICES DISTRICT AND TO DETACH SAID TERRITORY FROM CSA 143, CSA 152 AND THE RIVERSIDE COUNTY WASTE MANAGEMENT DISTRICT DESIGNATED AS PART OF PLANNING APPLICATION NO. PA98-0205 Mayor Pro Tem Ford noted that he would be abstaining with regard to this issue. Community Development Director Thornhill reviewed the staff report (of record); highlighted the annexation process; and advised that, as per LAFCO, one area could not be independently annexed of the other unless Vail Ranch were to independently annex because it is contiguous to the existing City limits; that a future Fire Station is being explored at Butterfield Stage/Highway 79 S and at Merdi Ranch; that Mr. Jerry Swanger has met with City staff and that negotiations are proceeding with regard to the proposed annexation and its impact on his property to the east of Redhawk Parkway/south of Highway 79 S; that the proposed annexation would increase the rates and charges by $150 a year for the Redhawk residents, noting that this increase relates to the amount of open space in the Redhawk area which has to be maintained; that the proposed annexation would decrease the rates and charges for the Vail Ranch residents; that a hearing with LAFCO has been scheduled for October 22, 1998; that the lo election will be in March 1999; and that the approval of this annexation will require a two-thirds majority approval of the registered voters. At this time, Mayor Roberts opened the public hearing. Although he does not oppose the annexation to the City, Mr. Michael Meyer, 31871 Camino Rosales, relayed his opposition to the increased rates and charges and, therefore, noted that he would not vote in favor of the annexation. Ms. Alicen Wong, representing Mr. Jerry Swanger, relayed Mr. Swanger's concerns with regard to the annexation, clarifying that no agreement has been reached at this point in time. At this time, the public hearing was closed. Although the rates and charges for the Redhawk residents will increase, Councilman Stone commented on the benefits those residents will receive as a result of the proposed annexation. Echoing Councilman Stone's comments, Councilman Comerchero noted that the requested action this evening is only to continue the process and not to approve the actual annexation. City Attorney Thorson read by title only Ordinance No. 98-13. MOTION: Councilman Stone, seconded by Councilman Comerchero, moved to approve the staff recommendation. Voice vote reflected unanimous approval with the exception of Mayor Pro Tem Ford who abstained and Councilman Lindemans who was absent. Community Development Director Thornhill thanked and recognized former Community Services Director Nelson, Community Services Director Parker, Development Services Administrator Ruse, Senior Management Analyst Kuhns, Housing and Redevelopment Manager Meyer, Development Services Administrator Yasinosky, and the Public Works Department for their assistance with regard to this annexation. 22. Planning Application No. PA98-0170 (General Plan Amendments) and Planning Application No. PA98-0109 (7oning Amendments- Development Code and Zoning Map) 22.1 Adopt the Negative Declaration for Planning Application No. PA98-0170 (General Plan Amendments) and Planning Application No. PA98-0109 (Zoning Amendments - Development Code and Zoning Map); 22.2 Adopt a resolution entitled: 11 22.3 RESOLUTION NO. 98-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE CITY'S GENERAL PLAN LAND USE MAP FOR PROPERTIES IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 914-811-001,914-811-002, 914-811-003, 914-811-004, 914-811-005, 914-811-006, 914- 811-007, 914-812-001,914-812-002, 914-812-003, AND 914- 812-004 FROM VL (VERY-LOW DENSITY RESIDENTIAL .2-.4 DWELLING UNITS PER ACRE) TO LM (LOW-MEDIUM DENSITY RESIDENTIAL 3-6 DWELLING UNITS PER ACRE) Introduce and read by title only an ordinance entitled: ORDINANCE NO. 98-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING PORTIONS OF THE CITY'S DEVELOPMENT CODE PERTAINING TO SIDE YARD REQUIREMENTS FOR SHOPPING CENTERS, HEIGHTS OF ACCESSORY STRUCTURES IN THE HR, VL, L-1 AND L-2 ZONES, REGULATIONS FOR TEMPORARY CONSTRUCTION TRAILERS IN RESIDENTIAL ZONES, CLARIFYING SIDE YARD STORAGE FOR VEHICLES, RELOCATING THE MOTORCYCLE PARKING SPACE DIMENSIONS FROM SECTION 17.24.050.A. TO SECTION 17.24.040.G.3 (ADDED), REQUIREMENTS FOR WHEEL STOPS IN COMMERCIAL ZONES, MODIFYING SECTION 17.16.070 OF THE DEVELOPMENT CODE, DELETING PALA VILLAGE FROM THE LIST OF SPECIFIC PLANS AND AMENDING THE ZONING MAP FOR PROPERTIES IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 914-811-001,914-811-002, 914-811-003, 914-811-004, 914- 811-005, 914-811-006, 914-811-007, 914-812-001,914-812- 002, 914-812-003, AND 914-812-004 FROM VL (VERY-LOW DENSITY RESIDENTIAL .2-.4 DWELLING UNITS PER ACRE) TO LM (LOW-MEDIUM DENSITY RESIDENTIAL 3-6 DWELLING UNITS PER ACRE), ASSESSOR'S PARCEL NUMBERS 921-090-038 AND 921- 090-039 FROM H (HIGH-DENSITY RESIDENTIAL) TO LM (LOW- MEDIUM DENSITY RESIDENTIAL 3-6 DWELLING UNITS PER ACRE), ASSESSOR'S PARCEL NUMBERS 944-331-001 THROUGH 944-331-025 FROM SP - SPECIFIC PLAN (A PART OF THE RANCHO HIGHLANDS SPECIFIC PLAN) TO H (HIGH-DENSITY RESIDENTIAL 13-20 DWELLING UNITS PER ACRE) AND RE- ASSIGNING NUMBERS SP-1 THROUGH SP-8 TO THE VARIOUS SPECIFIC PLANS WITHIN THE CITY 12 Highlighting the proposed amendments, Community Development Director Thornhill presented the staff report (of record) and referenced a letter from Villa Hermosa Condominiums requesting to rezone the property from residential to commercial. At this time, Mayor Roberts opened the public hearing. There being no public input, the hearing was closed and the following motion was offered: City Attorney Thorson read by title only Ordinance No. 98-14. MOTION: Councilman Stone moved to approve the staff recommendation. The motion was seconded by Mayor Pro Tem Ford and voice vote reflected unanimous approval with the exception of Councilman Lindemans who was absent. 23. Consideration of Adoption of a Resolution of Necessity for the Acquisition in Eminent Domain of Property for Street Improvement. Road and Highway Purposes in connection with the Overland Drive Overcrossing Improvement Project 23.1 Consider adoption of proposed Resolution No. 98-76, a Resolution of Necessity of the City of Temecula declaring certain real property necessary for public purposes and authorizing the acquisition thereof in connection with the Overland Drive Overcrossing Project; 23.2 Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this report, take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all of the evidence to determine whether to adopt the proposed resolution, which requires a unanimous or 4/5ths vote; 23.3 If the City Council finds, based upon the evidence contained in and referred to in this report, the testimony and comments received in this hearing, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 98-76 (which requires a 4/Sths vote of the entire Council) and the following authorize that an eminent domain proceeding be filed to acquire the subject property interests: RESOLUTION NO. 98-76 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE OVERLAND DRIVE OVERCROSSING IMPROVEMENT PROJECT 13 23.4 As to the resolution, if approved, approve a warrant payable to the Clerk of the Court, Riverside County, in the amount of $115,300.00 for deposit in court to obtain an order for possession of the Palm Plaza, LLC property interests; 23.5 Authorize the City Manager to execute all necessary documents. City Attorney Thorson presented the staff report (of record), advising that the proposed action is necessary in order to take possession of the property and to acquire the property from the property owners. Referencing a letter from the property owners' attorney, Mr. Thorson noted -that the owners indicate no contest to the public use and necessity for the Overland Overcrossing and that the acquisition will take approximately 30 to 90 days. At this time, Mayor Roberts opened the public hearing. There being no public input, the public hearing was closed and the following motion was offered: MOTION: Councilman Stone moved to approve staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval with the exception of Councilman Lindemans who was absent. COUNCIL BUSINESS 24. Ordinance No. 98-15 Prima Facie Speed Limits on Certain Streets 24.1 Introduce and read by title only an ordinance: ORDINANCE NO. 98-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMIT ON 1 | AMARITA WAY BETWEEN PIO PICO ROAD AND MC CABE ROAD, 2) MONTELEGRO WAY BETWEEN PIO PICO ROAD AND MC CABE ROAD, 3) NICOLAS ROAD BETWEEN WINCHESTER ROAD AND VIA LOBO, AND 4) LA PAZ STREET BETWEEN YNEZ ROAD AND HIGHWAY 79 SOUTH Public Works Director Kicak reviewed the staff report (of record). In an effort to apprise residents of the upcoming speed reduction on Nicolas Road between Winchester Road and Via Lobo Road, Councilman Stone suggested that the speed monitor trailer be placed in this location. City Attorney Thorson ready by title only Ordinance No. 98-15. 14 MOTION: Councilman Stone move to approve staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval with the exception of Councilman Lindemans who was absent. 25. Authorization of Special Tax Levy in Community Facilities District No. 88-12 (Ynez Corridor) 25.1 Adopt a resolution entitled: RESOLUTION NO. 98-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) Assistant Finance Director McDermott reviewed the staff report (as per agenda material). MOTION: Councilman Comerchero moved to approve staff recommendation. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval with the exception of Councilman Lindemans who was absent. DEPARTMENTAL RFPORTS No additional comments. CITY MANAGER'S REPORT No comments. CITY ATTORNEY'S RFPORT With regard to Closed Session Item No. 1, City Attorney Thorson advised that the City Council provided direction to staff with respect to continuing negotiations before any purchases are made and noted that the approval of a Purchase Agreement would be discussed by the City Council in Open Session. With regard to Closed Session Item No. 2, City Attorney Thorson advised that no action was taken. With regard to Closed Session Item No.3, City Attorney Thorson advised that City Council gave direction to him and that no reportable action was taken. Mayor Roberrs noted that eight Nakayama Middle School students are visiting the City this week and that in the month of August, the Nakayama Choir will be giving a concert at Chaparral High School. 15 ADJOURNMENT At 8:57 P.M., Mayor Roberts formally adjourned the City Council meeting to Tuesday, August 11, 1998, at 7:00 P.M. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] 16 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 RF_~OLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $2,082,000.32. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 1 lth day of August, 1998. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] Resos 98- 1 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temeeula, 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 1 lth day of August, 1998 by the following roll call vote: AYES: 0 COUNCILMEMBERS: None NOES: 0 C OUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susan W. Jones, CMC City Clerk R~aos 98- 2 CITY OF TEMECULA LIST OF DEMANDS 07/23/98 TOTAL CHECK RUN: 07/30/98 TOTAL CHECK RUN: 08/11/98 TOTAL CHECK RUN: 07/23/98 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 08111198 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 165 RDA DEV-LOW/MOD SET ASIDE 190 COIVl/IUNITY 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 380 RDA - DEBT SERVICE 390 TCSD - DEBT SERVICE PAYROLL: 001 GENERAL 165 RDA-LOW/MOD 190 TCSD 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 280 RDA-CIP 300 INSURANCE 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTAL BY FUND: 'GENIE ROBERTS, DIRECTO OF FINANCe5 ~ {:20~ RON . , NAGER $ 468,363.34 548,636.22 899,718.34 165,282.42 $ 2,082,000.32 533,589.07 352,670.50 70,483.71 4,973.98 68.11 20,785.33 500.10 524,277.27 37,842.89 352.40 12,099.73 3,994.50 13, 124.52 341,955.79 0.00 $ 1,916,717.90 111,579.65 2,655.60 37,608.51 72.07 185.90 2,430.67 1,010.00 1,223.28 2,870.13 1,198.35 3,760.06 165,282.42 2,082,000.32 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 07/22/98 16:43 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 10 FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 380 RDA - DEBT SERVICE AMOUNT 38,420.67 3,622.85 26,781.70 3,960.30 .90 8,925.32 94.83 11,113.73 18,543.73 24.00 9,359.09 3,561.36 1o999.07 341,955.79 TOTAL 468,363.34 VOUCHRE2 CITY OF TEMECULA 07/22/98 16:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM CHECK AMOUNT AMOUNT 50535 07/21/98 002492 U S TOY COMPANY, INC. PROMOTIONAL CONST HATS:OLD TWN 280-199-999-5362 9,891.45 9,891.45 982307 07/23/98 003228 U S BANK TRUST NATIONAL RDA DEBT SRVCS PMT-SERIES A 380-1040 341,955.79 341,955.79 50538 07/23/98 ANDRADE, CYNTHIA S. REFUND:HOME OCCUPATION FEE 001-199-4056 20.00 20.00 50539 07/23/98 002648 AUTO CLUB OF SOUTHERN C MEMBERSHIP:B. MCKEON 98/99 001-162-999-5214 52.00 52.00 50540 07/23/98 001943 B R W, [NC. MAR DESIGN SRVCS-FLSHNG BEACON 210-165-672-5802 624.75 624.75 50541 07/23/98 BARONE, AMY REFUND:SWIMMING LESSONS 190-183-4975 30.00 30.00 50542 07/23/98 BEDNAR, MELVIN REFUND:DISMISSED PRKG CIT20855 001-170-4055 25.00 25.00 50543 07/23/98 BLANCO, SANTIAGO D. REFUND:DISMISSED PRKG CIT14196 001-170-4055 25.00 25.00 50544 07/23/98 BONILLA, SILVA REFUND:SECURITY DEPOSIT 190-2900 50544 07/23/98 BONILLA, SILVA ADD~TL ROOM RENTAL HOURS 190-183-4990 100.00 20.00- 80.00 50545 07/23/98 BOONE, THERESA REFUND:SWIMMING LESSONS 190-183-4975 27.00 27.00 50546 07/23/98 BUSINESS COMPUTING SPEC REFUND:HOME OCCUPATION FEE 001-199-4056 20.00 20.00 50547 07/23/98 000588 C C A P A APA WRKSHPS:DONAHOE;FAGAN 9/16 001-161-999-5258 75.00 75.00 50548 07/23/98 003138 CAL MAT 50548 07/23/98 003138 CAL MAT 50548 07/23/98 003138 CAL MAT 50548 07/23/98 003138 CAL MAT 50548 07/23/98 003138 CAL MAT 50548 07/23/98 003138 CAL MAT 50548 07/23/98 003138 CAL MAT 50548 07/23/98 003138 CAL MAT 50548 07/23/98 003138 CAL MAT 50548 07/23/98 003138 CAL MAT A.C. FOR PUBLIC WORKS MAINT A.C. FOR PUBLIC WORKS MAINT A,C, FOR PUBLIC WORKS MAINT A,C, FOR PUBLIC WORKS MAINT A.C. FOR PUBLIC WORKS MAINT A,C, FOR PUBLIC WORKS MAINT A,C, FOR PUBLIC WORKS MAINT A.C. FOR PUBLIC WORKS MAINT A,C, FOR PUBLIC WORKS MAINT A,C. FOR PUBLIC WORKS MAINT 001-164-601-5218 001-164-601-5218 001-164-601-5218 001-164-601-5218 001-164-601-5218 001-164-601-5218 001-164-601-5218 001-164-601-5218 001-164-601-5218 001-164-601-5218 98.05 164.32 123.64 40.95 164.05 42.83 27.48 163.51 57.65 243.52 1,126.00 50549 07/23/98 000126 CAL 50549 07/23/98 000126 CAL 50549 07/23/98 000126 CAL 50549 07/23/98 000126 CAL 50549 07/23/98 000126 CAL 50549 07/23/98 000126 CAL 50549 07/23/98 000126 CAL 50549 07/23/98 000126 CALl 50549 07/23/98 000126 CALl 50549 07/23/98 000126 CALI 50550 07/23/98 FORNIA LANDSCAPE MA FORNIA LANDSCAPE HA FORN]A LANDSCAPE MA FORNIA LANDSCAPE HA FORNIA LANDSCAPE MA FORNIA LANDSCAPE HA FORN]A LANDSCAPE HA FORN]A LANDSCAPE HA FORN[A LANDSCAPE MA FORNIA LANDSCAPE MA CALVARY CHAPEL BIBLE MISC LDSC IMPROV. - VIA DEL MISC LDSC IMPROV. - VIA DEL MISC LDSC ]MPROV, - PARKS MISC LDSC IMPROV, - MEDIANS NISC LDSC IMPROV. - MEDIANS M[SC LDSC IMPROV. - MEDIANS NISC LDSC IMPROV. - VILLAGES NISC LDSC INPROV, - PARKS MISC LDSC IMPROV. - PARKS MISC LDSC IMPROV. - CITY HALL REFUND:ROOM RENTAL 193-180-999-5212 193-180-999-5212 190-180-999-5415 191-180-999-5415 191-180-999-5415 191-180-999-5415 193-180-999-5212 190-180-999-5415 190-180-999-5415 340-199-701-5415 190-183-4990 600.00 470.00 3,128.00 1,980.00 384.00 175.00 967.50 265.00 588.00 488.20 60.00 9,045.70 60.00 50551 07/23/98 CALVARY CHAPEL OF TEM V REFUND: SECURITY DEPOSIT 190-2900 100.00 100.00 VOUCHRE2 CITY OF TEMECULA 07/22/98 16:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCR]PTION NUMBER ITEM AMOUNT CHECK AMOUNT 50552 07/23/98 CAVLARY CHAPEL BIBLE REFUND:SECURITY DEPOSIT 190-2900 50552 07/23/98 CAVLARY CHAPEL BIBLE REFUND:SECURITY DEPOSIT 190-2900 37.50 62.50 100.00 50553 07/23/98 001195 CENTRAL SECURITY SERVIC QTRLY FIRE SYSTEM INSPECT-CRC 190-182-999-5250 50553 07/23/98 001195 CENTRAL SECURITY SERVlC JUL ALARM SRVCS-SENIOR CENTER 190-181-999-5250 150.00 45.00 195.00 50554 07/23/98 000442 COMPUTER ALERT SYSTEMS JUL-AUG ALARM SRVCS - C. HALL 340-199-701-5250 50554 07/23/98 000442 COMPUTER ALERT SYSTEMS JUL-SEP ALARM SRVCS-M.FACILITY 340-199-702-5250 50554 07/23/98 000442 COMPUTER ALERT SYSTEMS JUL-SEP ALARM SRVCS - TCC 190-184-999-5250 210.00 135.00 210.00 555.00 50555 07/23/98 003252 CONTRACT SERVICES CORP. JANITORIAL SUPPLIES - PARKS 190-180-999-5212 76.84 76.84 50556 07/23/98 003272 DAISY WHEEL RIBBON COMP GIS SUPPLIES FOR PLOTTER 001-161-610-5220 293.33 293.33 50557 07/23/98 001393 DATA TICKET, INC. JUN PRKG CITATION PROCESSING 001-140-999-5250 50557 07/23/98 001393 DATA TICKET, INC. JUN PRKG CITATION PROCESSING 001-170-999-5250 139.75 139.75 279.50 50558 07/23/98 DELABY, CHERYL REFUND:SWIMMING LESSONS 190-183-4975 15.00 15.00 50559 07/23/98 DELGADILLO, MAGGIE REFUND:SECURITY DEPOSIT 190-2900 100.00 100.00 50560 07/23/98 001673 DIVERSIFIED TEMPORARY S TEMP HELP W/E 6/15 KATZMANN 190-180-999-5118 60.95 60.95 50561 07/23/98 DONAHOE, CAROLE REFUND:PRESERVING PHOTOS 190-183-4982 15.00 15.00 50562 07/23/98 002466 DOVER ELEVATOR COMPANY JUL ELEVATOR SERVlCE/MAINT. 340-199-701-5212 199.10 199.10 50563 07/23/98 001380 E S 50563 07/23/98 001380 E S 50563 07/23/98 001380 E S 50563 07/23/98 001380 E S 50563 07/23/98 001380 E S 50563 07/23/98 001380 E S EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC TEMP HELP (2)W/E 6/19 DE GANGE TEMP HELP (2)W/E 6/19 SERVEN TEMP HELP (2)W/E 6/19 SERVEN TEMP HELP (2)W/E 6/19 SERVEN TEMP HELP (2)W/E 6/5 HILLBERG TEHP HELP (2)W/E 6/19 HILLBERG 001-161-999-5118 190-180-999-5118 193-180-999-5118 001-164-603-5118 165-199-999-5118 165-199-999-5118 3,065.81 747.20 373.60 373.60 1,682.10 1,708.80 7,951.11 50564 07/23/98 003291 ED HILL CONSTRUCTION MAR-JUN PROF SRVCS-MARG. PARK 210-190-119-5804 940.00 940.00 50565 07/23/98 EMERSON, VANESSA REFUND:SWIMMING LESSONS 190-183-4975 50.00 50.00 50566 07/23/98 003171 EMPIRE ECONOM[CS, LLC MARKET STUDY - WINCHESTER HILL 001-2641 2,000.00 2,000.00 50567 07/23/98 002325 ENDSLEYS PRIVATE SECURI SECURITY SRVCS-JULY FIREWORKS 190-183-999-5370 50567 07/23/98 002325 ENDSLEYS PRIVATE SEGURI SECURITY SRVCS-JULY FIREWORKS 190-183-999-5370 173.54 1,786.05 1,959.59 50568 07/23/98 000165 FEDERAL EXPRESS 50568 07/23/98 000165 FEDERAL EXPRESS 50568 07/23/98 000165 FEDERAL EXPRESS 50568 07/23/98 000165 FEDERAL EXPRESS 50568 07/23/98 000165 FEDERAL EXPRESS 50568 07/23/98 000165 FEDERAL EXPRESS 50568 07/23/98 000165 FEDERAL EXPRESS 50568 07/23/98 000165 FEDERAL EXPRESS INC. EXPRESS MAil SERVICES 001-2641 INC. EXPRESS MAIL SERVICES 001-161-999-5230 INC. EXPRESS MAIL SERVICES 001-162-999-5230 INC. EXPRESS MAIL SERVICES 001-165-999-5230 INC. EXPRESS MAIL SERVICES 280-199-999-5230 INC. EXPRESS MAIL SERVICES 001-110-999-5230 INC. EXPRESS MAIL SERVICES 001-162-999-5230 INC. EXPRESS MAIL SERVICES 280-199-999-5230 16.00 25.25 30.25 33.25 25.50 22.50 41.75 22.75 217.25 VOUCHRE2 07/22/98 16:43 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 50569 07/23/98 001135 50570 07/23/98 002122 50571 07/23/98 000184 50571 07/23/98 000184 50571 07/23/98 000184 50571 07/23/98 000184 50572 07/23/98 50573 07/23/98 50573 07/23/98 50574 07/23/98 001609 50575 07/23/98 50576 07/23/98 50577 07/23/98 000186 50577 07/23/98 000186 50577 07/23/98 000186 50578 07/23/98 002372 50579 07/23/98 003302 50580 07/23/98 000194 50580 07/23/98 000194 50580 07/23/98 000194 50580 07/23/98 000194 50581 07/23/98 001407 50582 07/23/98 000199 50583 07/23/98 002299 50584 07/23/98 002909 50584 07/23/98 002909 50585 07/23/98 001091 50585 07/23/98 001091 50586 07/23/98 000206 50586 07/23/98 000206 50587 07/23/98 001282 50588 07/23/98 000488 VENDOR NAME FIRST CARE INDUSTRIAL M FIRST LINE CONSTRUCTION G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM GAITAN, TANYA GMS REALITY GMS REALITY GREATER ALARM COMPANYm GREPO, LEONARDO C.,JR. HALLWORTH, ANDREW HANKS HARDWARE, INC. HANKS HARDWARE, INC. HANKS HARDWARE, INC. HARMON, JUDY HUNGRY HUNTER CATERING I C M A RETIREMENT TRUS I C N A RETIREMENT TRUS I C N A RETIREMENT TRUS I C M A RETIREMENT TRUS INTER VALLEY POOL SUPPL INTERNAL REVENUE SERVIC INTERNATIONAL RISK MANA K W C ENGINEERING, INC. K W C ENGINEERING, INC. KEYSER MARSTON ASSOCIAT KEYSER MARSTON ASSOCIAT KINKO'S, INC. KINKO'S, INC. KNORR SYSTEMS~ INC KNOTT'S BERRY FARM CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PRE-EMPLOYMENT PHYSICALS REPAIR WINDOWS PALA PARK 909-197-5072 JUL GENERAL USAGE 909-676-0783 JUN GENERAL USAGE 909-676-6243 JUL PALA COMM PRK 909-699-8632 JUL GENERAL USAGE REFUND:SWIMMING LESSONS REFUND:DEPOSIT FOR INSPECTIONS FEB-MAY INSPECTION SERVICE JUL-SEP ALARM SRVCS-SICATE PARK REFUND:HOME OCCUPATION FEE REFUND:FACILITY ROOM RENTAL MISC HARDWARE SUPPLIES-REC. MISC HARDWARE SUPPLIES-C.HALL MISC HARDWARE SUPPLIES-PARKS TCSD INSTRUCTOR EARNINGS QUARTERLY MGMT MEETING 7/30/98 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP MISC. POOL SUPPLIES - CRC 000199 IRS GARN PUBLICATION: THE RISK REPORT JUN DESIGN SRVCS-RCSP SIDEWALK JUN DESIGN SRVCS-RCSP SIDEWALK APR PROF SRVCS-MALL ICE RINK JUN PROF SRVCS-MRKT ASSESSMENT STATIONERY PAPER/MISC SUPPLIES STATIONERY PAPER/MISC SUPPLIES MISC. POOL SUPPLIES - CRC DAY CAMP EXCURSION 7/30 ACCOUNT NUMBER 001-150-999-5250 190-180-999-5250 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 190-183-4975 001-2660 001-162-4285 190-180-999-5250 001-199-4056 190-183-~990 190-180-999-5301 340-199-701-5212 190-180-999-5212 190-183-999-5330 001-150-999-5261 001-2080 165-2080 190-2080 280-2080 190-182-999-5212 001-2140 300-199-999-5228 210-190-154-5802 210-190-154-5802 280-199-999-5248 280-199-999-5248 190-180-999-5222 330-199-999-5220 190-182-999-5212 190-183-999-5340 ITEM AMOUNT 390.00 275.00 3,381.33 62.55 28.79 29.48 18.00 2,000.00 855.00- 105.00 20.00 100.00 89.92 15.75 1,018.47 392.00 503,00 1,496.80 18.75 222.03 6.25 296.31 339.05 14.00 42.50 21.25 4,870.63 1,537.73 118.97 253.60 125.90 562.50 PAGE 3 CHECK AMOUNT 390.00 275.00 3,502.15 18.00 1,145.00 105.00 20.00 100.00 1,124.14 392.00 503.00 1,743.83 296.31 339.05 14.00 63.75 6,408.36 372.57 125.90 VOUCHRE2 CITY OF TEMECULA 07/22/98 16:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR [TEN ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEH AMOUNT CHECK AMOUNT 50588 07/23/98 000488 KNOTT'S BERRY FARM DAY CAMP EXCURSION 7/30 190-183-999-5340 222.00 784.50 50589 07/23/98 002499 L D KING, INC. FEB ENG SERVCS-WINCHESTER/[-15 280-199-602-5804 1,421.00 1,421. O0 50590 07/23/98 LAFERNEY, KATHY REFUND:TINY TOTS 190-183-4980 52.00 52.00 50591 07/23/98 000380 LAIDLAW TRANSIT, INC. BUS FOR DAYCAMP TRIP:CASTLE PK 190-183-999-5340 325.94 325.94 50592 07/23/98 002187 LAKE ELSINORE ANIMAL FR JUN ANIMAL CONTROL SERVICES 001-172-999-5255 2,974.34 2,974.34 50593 07/23/98 LEM, MARY REFUND:TINY TOTS 190-183-4980 52.00 52.00 50594 07/23/98 003286 LIBRARY SYSTEMS & SERVI JUN VOLUNTEER COORDINATOR SRVC 001-101-999-5285 1,111.24 1,111.24 50595 07/23/98 LUMBERMANS MUTUAL LGA-7 REFUND:REGIONAL CENTER DEPOSIT 001-2620 4,892.84 4,892.84 50596 07/23/98 MARISCAL, RUTH REFUND: SWIMMING LESSONS 190-183-4982 155.00 155.00 50597 07/23/98 002666 MASON & MASON REAL ESTA REAL ESTATE APPRAISAL SRVCS 210-165-631-5700 1,837.50 1,837.50 50598 07/23/98 MILES, WILLIAM T. REFUND: SWIMMING LESSONS 190-183-4975 27.00 27.00 50599 07/23/98 001384 MINUTEMAN PRESS BUSINESS CARDS:JONES/BALLRE[CH 001-120-999-5222 220.89 220.89 50600 07/23/98 MURPHY, CARRIE REFUND: SWIMMING LESSONS 190-183-4975 27.00 27.00 50601 07/23/98 001584 NEWPORT PRINTING SYSTEM QTY 2500 PURCHASE ORDER FORMS 001-140-999-5222 50601 07/23/98 001584 NEWPORT PRINTING SYSTEM FREIGHT 001-140-999-5222 50601 07/23/98 001584 NEWPORT PRINTING SYSTEM SALES TAX 001-140-999-5222 50601 0~'/23/98 001584 NEWPORT PRINTING SYSTEM QTY 3300 CASH RECEIPT FORMS 001-140-999-5222 50601 07/23/98 001584 NEWPORT PRINTING SYSTEM FREIGHT 001-140-999-5222 50601 07/23/98 001584 NEWPORT PRINTING SYSTEM SALES TAX 001-140-999-5222 50601 07/23/98 001584 NEWPORT PRINTING SYSTEM QTY 5100 BUS LICENCE CERT FRMS 001-140-999-5222 50601 07/23/98 001584 NEWPORT PRINTING SYSTEM FREIGHT 001-140-999-5222 50601 07/23/98 001584 NEWPORT PRINTING SYSTEM SALES TAX 001-140-999-5222 811.03 10.00 62.85 524.93 18.42 40.68 488.48 10.00 37.86 2,004.25 50602 07/23/98 002037 NEXUS INTEGRATED SOLUTI INSTALL PHONE CABLE CITY HALL 320-199-999-5215 50602 07/23/98 002037 NEXUS INTEGRATED SOLUTI INSTALL PHONE CABLE CITY HALL 320-199-999-5215 50602 07/23/98 002037 NEXUS INTEGRATED SOLUTI DIGITAL CARD FOR PHONE SYSTEM 320-1950 50602 07/23/98 002037 NEXUS INTEGRATED SOLUTI ANALOG CARD FOR PHONE SYSTEM 320-1950 50602 07/23/98 002037 NEXUS INTEGRATED SOLUTI LABOR & TRIP CHARGE 320-1950 50602 07/23/98 002037 NEXUS iNTEGRATED SOLUTI SALES TAX 320-1950 311.12 123.02 2o912.00 1,365.00 120.00 331.47 5,162.61 50603 07/23/98 003259 NIGHT SUN NICAD BATTERIES FOR BICYCLES 001-170-999-5242 50603 07/23/98 003259 NIGHT SUN BATTERY CHARGER FOR BICYCLES 001-170-999-5242 50603 07/23/98 003259 NIGHT SUN FREIGHT 001-170-999-5242 50603 07/23/98 003259 NIGHT SUN SALES TAX 001-170-999-5242 198.00 8.50 7.41 16.00 229.91 50604 07/23/98 002139 NORTH COUNTY TIMES - AT SPECIAL EVENT ADVERTISING 190-180-999-5254 50604 07/23/98 002139 NORTH COUNTY TIMES - AT OLD TUN ADV COMMITTEE ADVERTIS 001-120-999-5256 50604 07/23/98 002139 NORTH COUNTY TIMES - AT CONSTRUCTION UPDATES FOR CIP 001-165-999-5256 275.16 190.69 172.22 VOUCHRE2 CITY OF TEMECULA 07/22/98 16:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 50604 07/23/98 002139 NORTH COUNTY TIMES - AT ADVERTISING: ASSIST CITY MGR 001-150-999-5254 134.15 772.22 50605 07/23/98 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-163-999-5214 50605 07/23/98 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 190-180-999-5214 50605 07/23/98 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 190-180-999-5214 117.55 192.96 680.72 991.23 50606 07/23/98 OLSON, HOLLY A REFUND: SWIMMING LESSONS 190-183-4975 22.00 22.00 50607 07/23/98 002668 OMEGA LAKE SERVICES JULY MAINT FOR TEM DUCK POND 190-180-999-5212 80O.OO 800.00 50608 07/23/98 PASEO DEL SOL 4500, LLC REFUND: OVRPMT PERMIT B98-1214 001-2660 67.36 67.36 50609 07/23/98 003218 PELA TCSD LANDSCAPE PLAN CHECK SVS 193-180-999-5248 50609 07/23/98 003218 PELA TCSD LANDSCAPE PLAN CHECK SVS 191-180-999-5248 50610 07/23/98 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 001-2122 675.00 1,350.00 50.77 2,025.00 50.77 50611 07t23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5265 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5222 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5220 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162~999-5261 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5222 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-171-999-5220 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-171-999-5261 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-163-999-5218 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5250 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-165-999-5261 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5220 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5258 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5250 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5301 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-181-999-5301 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5350 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-184-999-5301 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5222 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5220 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5262 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5260 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 340-199-701-5212 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5340 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 280-199-999-5362 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-181-999-5301 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 280-199-999-5362 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5215 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-120-999-5261 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5248 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5261 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-181-999-5301 8.58 8.08 2.90 14.99 4.87 31.25 30.00 30.00 21.42 7.35 42.01 14.00 81.90 57.35 67.18 5.49 66.00 1.03 14.17 38.63 19.39 11.94 4.29 5.75 40.21 6.98 16.16 16.73 40.00 28.41 48.00 53.20 16.00 28.96 VOUCHRE2 CITY OF TEMECULA 07/22/98 16:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR iTEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 50611 07/23/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 37.71 920.93 50613 07/23/98 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 001-161-999-5230 50613 07/23/98 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 001-165-999-5230 50613 07/23/98 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 001-162-999-5230 50613 07/23/98 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 001-140-999-5230 50613 07/23/98 000253 POSTMASTER EXPRESS MA]L& POSTAL SERVS 001-120-999-5230 50613 07/23/98 000253 POSTMASTER EXPRESS MA]L& POSTAL SERVS 190-180-999-5230 92.40 32.25 10.75 10.75 95.25 10.75 252.15 50614 07/23/98 003195 PRECISION WELDING WELDING & REPAIRS ~ CITY PRKS 190-180-999-5212 200.00 200.00 50615 07/23/98 000254 PRESS-ENTERPRiSE COMPAN 1YR SUBSCRIPTION SERVICE 190-180-999-5228 50615 07/23/98 000254 PRESS-ENTERPRiSE COMPAN JUNE UPDATES ON ROADWAY CONST. 001-165-999-5256 50615 07/23/98 000254 PRESS-ENTERPRiSE COMPAN OLD TWN/RDA COMMITTEE POSITION 001-120-999-5254 50615 07/23/98 000254 PRESS-ENTERPRiSE COMPAN PUBLIC NOTICE: DDA 001-120-999-5256 50615 07/23/98 000254 PRESS-ENTERPRiSE COMPAN PUBLIC NOTICE: PA98-0205 001-120-999-5256 249.59 169.00 84.00 58.28 17.75 578.62 50616 07/23/98 002776 PRIME MATRIX, INC. SC-5001339-0 KL 001-1990 50616 07/23/98 002776 PRIME MATRIX, INC. SC-5002330-8 CITY VAN 190-180-999-5208 50616 07/23/98 002776 PRIME MATRIX, INC. SC-5001377-0 SR VAN 190-180-999-5208 50616 07/23/98 002776 PRIME MATRIX, INC. SC-5003948-6 ]NFO SYSTEM 320-199-999-5208 42.59 27.67 28.83 27.67 126.76 50617 07/23/98 QUALITY WORKERS DOUGLAS REFUND: HOME OCCUPATION 001-199-4056 20.00 20.00 50618 07/23/98 001416 QUICK CRETE PRODUCTS, [ WASTE CONTAINERS FOR R.C.S.P. 190-180-999-5212 2,036.48 2,036.48 50619 07/23/98 R A J PUBLISHING PRESENTAT[ON:DISABLED ACCESSBY 001-162-999-5261 200.00 200.00 50620 07/23/98 000262 RANCHO CALIFORNIA WATER 01-99-02097-0 PAUBA ROAD 190-183-999-5370 50620 07/23/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-180-999-5240 50620 07/23/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 191-180-999-5240 50620 07/23/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 193-180-999-5240 1,834.84 2,342.35 32.33 5,814.03 10,023.55 50621 07/23/98 001628 REBEL RENTALS EQUIPMENT RENTAL-TCSD 190-180-999-5238 58.33 58.33 50622 07/23/98 001500 REGIONAL TRAINING CENTE SUPERVISORS' ACADEMIES:RP/AM 001-163-999-5261 900.00 900.00 50623 07/23/98 002907 REINHART-FONTES ASSOC., REAL ESTATE APPRAISAL 280-199-999-5248 500.00 500.00 50624 07/23/98 001046 REXON, FREEDMAN, KLEPET JUNE 98 PROF LEGAL SERVS 001-130-999-5247 37.00 37. O0 50625 07/23/98 002985 RICK ENGINEERING COMPAN SOLANA WY/MARG SIDEWALKS PRJT 210-165-681-5802 1,476.10 50625 07/23/98 002985 RICK ENGINEERING COMPAN SOLANA WY/MARG SIDEWALKS PRJT 210-165-681-5802 1,640.92 50625 07/23/98 002985 RICK ENGINEERING COMPAN RGT-OF-WY PLAT:MARG RD WIDENIN 210-165-681-5802 375.00 50625 07/23/98 002985 RICK ENGINEERING CONPAN RGT-OF-WY PLAT:MARG RD WIDENIN 210-165-681-5802 250.00 50625 07/23/98 002985 RICK ENGINEERING COMPAN RGT-OF-WY PLAT:MARG RD WIDENIN 210-165-681-5802 250.00- 50626 07/23/98 000418 RIVERSIDE CO. CLERK & R REL LIEN APN 945-090-004/005 001-140-999-5250 10.00 3,492.02 10.00 50627 07/23/98 003310 RIVERSIDE LOCAL AGENCY FEES:VAIL/RED HAWK RANCH ANNEX 001-110-999-5307 5,712.00 5,712.00 VOUCHRE2 07/22/98 VOUCHER/ CHECK NUMBER 50628 50628 50629 50630 50630 50631 50632 50633 50634 50634 50634 50634 50635 50635 50635 50635 50635 50636 50637 50637 50637 50637 50638 50638 50638 50639 50640 50640 50641 50641 50642 50642 50642 16:43 CHECK DATE 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 VENDOR NUMBER 000271 000271 001942 001942 002743 003297 000645 003002 003002 003002 003002 000519 000519 000519 000519 000519 000537 001212 001212 001212 001212 002150 002150 002150 000305 001672 001672 000307 000307 003140 003140 003140 VENDOR NAME ROBERT BEIN, WM FROST & ROBERT BE[N, WM FROST & ROBINSON, SANDY S C SIGNS S C SIGNS SAFE & SECURE LOCKSMITH SKATE CITY SMART & FINAL, INC. SMOOTHILL SPORTS DISTRI SMOOTHILL SPORTS DISTRI SMOOTHILL SPORTS DISTRI SMOOTHILL SPORTS DISTRI SOUTH COUNTY PEST CONTR SOUTH COUNTY PEST CONTR SOUTH COUNTY PEST CONTR SOUTH COUNTY PEST CONTR SOUTH COUNTY PEST CONTR SOUTHERN CALIF EDISON SOUTHERN CALIF GAS COMP SOUTHERN CALIF GAS COMP SOUTHERN CALIF GAS COMP SOUTHERN CALIF GAS COMP SUMMIT SAFETY PRODUCTS SUMMIT SAFETY PRODUCTS SUMMIT SAFETY PRODUCTS TARGET STORE TEMECULA DRAIN SERV & P TEMECULA DRAIN SERV & P TEMECULA TROPHY COMPANY TEMECULA TROPHY COMPANY TEMECULA VALLEY TAEKWON TEMECULA VALLEY TAEKWON TEMECULA VALLEY TAEKWON CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION JUNE SVS:MEDIAN ISLAND WINCH JUNE ENG SVS:SANTA GERTRUDIS REFUND: OVRPMT TUMBLING TOT INSTALL PUBLIC NOTICE SIGNS INSTALL PUBLIC NOTICE SIGNS LOCKSMITH SERVICES - PARKS DAYCAMP EXCURSION DAYCAMP SUPPLIES 220 WRIST GUARD - LARGE 220 WRIST GUARD - MEDIUM FREIGHT SALES TAX PEST CONTROL SVS - CITY HALL PEST CONTROL SVS - CRC PEST CONTROL SVS - TCC PEST CONTROL SVS - MAINT FAC PEST CONTROL SVS - SR CENTER 2-02-351-6800 VARIOUS METERS 021 725 0775 4 SR CENTER 091 024 9300 5 CRC 101 525 0950 0 TCC 133 040 7373 0 CITY HALL SAFETY EQUIPMENT FOR PW CREW SERVICING OF FIRST AID KITS SAFETY EQUIPMENT FOR PW CREW MISC SUPPLIES FOR TCSD PLUMBING SERVICES-CRC PLUMBING SERVICES-CRC EMPYEE OF THE 3TH QTR AWARD EMPYEE OF THE 3TH QTR AWARD TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS ACCOUNT NUMBER 210-165-686-5802 210-190-147-5802 190-183-4982 001-161-999-5250 001-120-999-5244 190-180-999-5212 190-183-999-5340 190-183-999-5340 190-183-999-5305 190-183-999-5305 190-183-999-5305 190-183-999-5305 340-199-701-5250 190-182-999-5250 190-184-999-5250 340-199-702-5250 190-181-999-5250 191-180-999-5240 190-181-999-5240 190-182-999-5240 190-184-999-5240 340-199-701-5240 001-164-601-5218 340-199-701-5250 001-164-601-5218 190-180-999-5301 190-182-999-5212 190-182-999-5212 001-150-999-5265 001-1990 190-183-999-5330 190-183-999-5330 190-183-999-5330 ITEM AMOUNT 1,665.95 2,450.00 15.00 715.00 195.00 44.91 157.50 110.03 139.70 69.85 5.21 15.19 336.00 252.00 216,00 240.00 174.00 38.97 25.13 504.09 17.35 18.05 86.73 122.89 91.02 79.77 47.00 72.00 5.39 56.24 156.00 140.00 120.00 PAGE 7 CHECK AMOUNT 4,115.95 15.00 910.00 44.91 157.50 110.03 229.95 1,218.00 38.97 564.62 300.64 79.77 119.00 61.63 416.00 50643 07/23/98 TEMEKA ADVERTISING REFUND: PERMIT PA98-0213 001-161-4119 176.00 50643 07/23/98 TEMEKA ADVERTISING REFUND: PERMIT PA98-0213 001-163-4388 14.00 190.00 VOUCHRE2 CITY OF TEMECULA 07/22/98 16:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 50644 07/23/98 000420 TRANS-PACIFIC CONSULTAN JUNE SVS:OVERLAND DR & MARG RD 210-165-681-5802 39.76 39.76 50645 07/23/98 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 001-2080 50645 07/23/98 001065 U S C M/PEBSCO (DEF. C 001065 DEF COHP 165-2080 50645 07/23/98 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 190-2080. 50645 07/23/98 001065 U S C M/PEBSCO (DEF. C 001065 DEF COHP 192-2080 50645 07/23/98 001065 U S C M/PEBSCO (DEF. C 001065 DEF COHP 193-2080 50645 07/23/98 001065 U S C M/PEBSCO (DEF. C 001065 DEF COHP 194-2080 50645 07/23/98 001065 U S C M/PEBSCO (DEF. C 001065 DEF COHP 280-2080 50645 07/23/98 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 300-2080 50645 07/23/98 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 320-2080 50645 07/23/98 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 340-2080 4,479.64 22.73 1,245.87 .75 24.44 90.83 22.73 10.00 666.66 154.83 6,718.48 50646 07/23/98 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 001-2160 50646 07/23/98 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 165-2160 50646 07/23/98 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 190-2160 50646 07/23/98 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 280-2160 50646 07/23/98 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 330-2160 50646 07/23/98 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 340-2160 515.50 189.47 1,596.98 57.57 24.00 71.86 2,455.38 50647 07/23/98 000325 UNITED WAY 000325 UW 001-2120 50647 07/23/98 000325 UNITED WAY 000325 UW 165-2120 50647 07/23/98 000325 UNITED WAY 000325 UW 190-2120 50647 07/23/98 000325 UNITED WAY 000325 UW 192-2120 50647 07/23/98 000325 UNITED WAY 000325 UW 193-2120 50647 07/23/98 000325 UNITED WAY 000325 UW 194-2120 50647 07/23/98 000325 UNITED WAY 000325 UW 340-2120 151.74 1.00 25.06 .15 .75 4.00 .30 183.00 50648 07/23/98 000326 UNITOG RENTAL SERVICE, JUNE UNIFORM RENTAL SERVICES 001-164-601-5243 50648 07/23/98 000326 UNITOG RENTAL SERVICE, JUNE UNIFORM RENTAL SERVICES 001-164-601-5243 50648 07/23/98 000326 UNITOG RENTAL SERVICE, TCSD UNIFORM RENTAL SERVICES 190-180-999-5243 50648 07/23/98 000326 UNITOG RENTAL SERVICE, TCSD UNIFORM RENTAL SERVICES 190-180-999-5243 50648 07/23/98 000326 UNITOG RENTAL SERVICE, CRC FLOOR MATS RENTAL 190-180-999-5250 50648 07/23/98 000326 UNITOG RENTAL SERVICE, CRC FLOOR MATS RENTAL 190-180-999-5250 33.87 67.74 16.16 32.32 24.48 16.32 190.89 50649 07/23/98 VAN EGMOND, ANNE REFUND: SWIMMING LESSONS 190-183-4975 25.00 25.OO 50650 07/23/98 001342 WAXIE SANITARY SUPPLY, MAINTENANCE SUPPLIES - MAINT 50650 07/23/98 001342 WAXIE SANITARY SUPPLY, MAINTENANCE SUPPLIES - CRC 340-199-702-5212 190-182-999-5212 2.80 49.74 52.54 50651 07/23/98 002109 WHITE CAP MAINT SUPPLIES FOR PW CREW 001-164-601-5218 164.30 164.30 50652 07/23/98 003301 ~ORKERS WARMUPS WORKERS WARMUPS PRGM:CLERICAL 001-150-999-5261 225.22 225.22 50653 07/23/98 000345 XEROX CORPORATION BILLI JUNE LEASE FOR 5021 COPIER 330-199-999-5239 50653 07/23/98 000345 XEROX CORPORATION BILLI F2OOMAJ BASE CHARGE 330-199-999-5239 50653 07/23/98 000345 XEROX CORPORATION BILLi COPIER 5343 USAGE CHARGE 330-199-999-5217 50653 07/23/98 000345 XEROX CORPORATION BILLI JUNE USAGE CHARGE 2510 COPIER 330-199-999-5239 50653 07/23/98 000345 XEROX CORPORATION BILLI JUNE 5100 COPIER LEASE PMT 330-199-999-5391 50653 07/23/98 000345 XEROX CORPORATION BILLI JUNE 5100 COPIER LEASE PMT 330-2800 67.08 110.00 728.32 258.33 472.35 1,647.68 3,283.76 VOUCHRE2 07/22/98 VOUCHER/ CHECK NUMBER 50654 50655 50656 50657 50658 50659 50660 16:43 CHECK DATE 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 07/23/98 VENDOR NUMBER 001212 VENDOR NAME BUSSEN, TONY BUSSEN, TONY COLLETT, MICHAEL COLLETT, MICHAEL DIANAT~ YEGGI DIANAT~ YEGGI SO~JTHERN CALIF GAS COMP CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION SRVCS-CULTURAL ARTS PLAN SURVY SRVCS-CULTURAL ARTS PLAN SURVY SRVCS-CULTURAL ARTS PLAN SURVY SRVCS-CULTURAL ARTS PLAN SURVY SRVCS-CULTURAL ARTS PLAN SURVY SRVCS-CULTURAL ARTS PLAN SURVY OLD TWN MAINST. INV 11412 ACCOUNT NUMBER 190-180-999-5250 190-180-999-5250 190-180-999-5250 190-180-999-5250 190-180-999-5250 190-180-999-5250 280-199-999-5362 ITEM AMOUNT 24,00 24.00 24.00 24.00 24.00 24.00 131.18 PAGE 9 CHECK AMOUNT 24.00 24.00 24.00 24.00 24.00 24.00 131.18 TOTAL CHECKS 468~363.34 VOUCHRE2 07/'~0/98 12:11 FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET AS]DE 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 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS AMOUNT 131,431.86 349,047.65 25,165.34 26.68 67.21 2,379.33 405.27 10,211.05 19,299.16 328.40 2,740.64 433.14 7,100.49 PAGE TOTAL 548,636.22 VOUCHRE2 07/30/98 VOUCHER/ CHECK NUMBER 50661 173156 173156 173156 173156 173156 173156 173156 173156 173156 173156 173156 173156 173156 173156 173156 173156 173156 173156 184239 184239 184239 184239 184239 184239 184239 184239 184239 184239 184239 184239 184239 184239 184239 184239 184239 184239 184239 184239 184239 184239 184239 184239 50665 50666 12:11 CHECK DATE 07/27/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 07/28/98 -07/28/98 07/28/98 07/28/98 07/28/98 07/30/98 07/30/98 VENDOR NUMBER 003312 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000283 000283 000283 000283 000283 000283 000283 000283 00028~ 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000724 002410 VENDOR NAME NATIONAL INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION ACCOUNT NUMBER CINEMA NETWORK OLD TWN ADVERTISING IN THEATRE 280-199-999-5362 (EDD) 000444 SDI 001-2070 (EDD) 000444 SDI 165-2070 (EDD) 000444 SDI 190-2070 (EDD) 000444 SDI 280-2070 (EDD) 000444 SDI 330-2070 (EDD) 000444 SDI 340-2070 (EDD) 000444 STATE 001-2070 (EDD) 000444 STATE 165-2070 (EDD) 000444 STATE 190-2070 (EDD) 000444 STATE 191-2070 (EDD) 000444 STATE 192-2070 (EDD) 000444 STATE 193-2070 (EDD) 000444 STATE 194-2070 (EDD) 000444 STATE 280-2070 (EDD) 000444 STATE 300-2070 (EDD) 000444 STATE 320-2070 (EDD) 000444 STATE 330-2070 (EDD) 000444 STATE 340-Z070 INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX CIRS) INSTATAX CIRS) INSTATAX CIRS) INSTATAX CIRS) INSTATAX (IRS) [NSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX CIRS) INSTATAX CIRS) INSTATAX CIRS) INSTATAX CIRS) INSTATAX (IRS) A & R CUSTOM SCREEN PRI 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 MEDICARE 000283 NEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 NEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE SUMMER DAY CAMP T-SHIRTS JUL JANITORIAL SRVCS - PARKS A WOMAN'S TOUCH BUILDIN 001-2070 165'2070 190-2070 191'2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-Z070 191-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-20?0 190-183-999-5340 190-180-999-5250 ITEM AMOUNT 4,500.00 34.37 4.22 106.52 1.03 1.60 4.79 4,451.33 123.25 925.38 1.70 4.08 82.51 25.61 49.67 15.27 148.86 36.40 135.05 16,899.11 325.26 4,714.31 9.21 23.89 392.43 143.72 115.49 51.11 638.35 167.55 601.42 4,151.94 97.38 1,324.67 2.44 6.32 86.26 37.50 43.18 22.50 127.24 41.66 138.20 522.59 1,933.00 PAGE 1 CHECK AMOUNT 4,500.00 6,151.64 30,161.14 522.59 1,933.00 VOUCHRE2 07/30/98 VOUCHER/ CHECK NUMBER 50667 50668 50668 50669 50670 50671 50672 50673 50674 50674 50675 50676 50676 50676 50676 50677 50678 50679 50680 50681 50682 50683 50684 50684 50684 50684 50684 50684 50684 50684 50684 50684 50684 50684 12:11 CHECK DATE 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR NUMBER VENDOR ITEM NAME DESCRIPTION ACKLEY, LYNN AND SANDY LOW'MOO PROPERTY ACQUISITION 003316 ACT NOW 003316 ACT NOW TEMP HELP W/E 6/13 MENDOZA TEMP HELP W/E 6/20 HENDOZA 002038 ACTION POOL & SPA SUPPL MISC POOL SUPPLIES - TES 001502 ADVANCE BUSINESS GRAPHI PRINTING OF PARKING CITATIONS 002733 ALBAO, NANCY TCSD INSTRUCTOR EARNINGS 001916 ALBERT A. WEBB ASSOCIAT ANNUAL DISCLOSURE REPT 88-12 003112 ALVAREZ, THERESA TCSD INSTRUCTOR EARNINGS 000101 APPLE ONE, INC. 000101 APPLE ONE, INC. TEMP HELP W/E 7/4 WILLIAMS TEMP HELP W/E 7/11WILLIAMS 000122 B S N SPORTS TEEN ROOM/GAME AREA EQUIPMENT 000622 000622 000622 000622 BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER ELECTRICAL SERVICES - TCC ELECTRICAL SERVICES o CRC ELECTRICAL SERVICES - RCSP ELECTRICAL SERV[CES- TCC 003071 BIDAMERICA SCANNING SRVCS BUILDING PLANS 002998 BRUNSWICK CAL OAKS BOWL DAY CAMP BOWLING TRIP 7/23 002099 BUTTERFIELD ENTERPRISES JUL RESTROOM RENTAL OLD TOWN 000901 C P R S REC WORKSHOP:TCSD STAFF 6/13 001260 C P R S RECRUITMENT AD:TCSD DEPUTY DIR 003138 CAL MAT A.C. FOR PUBLIC WORKS MAINT 001159 CALIFORNIA DEPT OF JUST EMPLOYEE FINGERPRINT CARDS 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA LDSC IMPROV. RCSP FIELDS LDSC IMPROV. PRESLEY AREAS LDSC IMPROV. PRESLEY AREAS LDSC IMPROV PRESLEY AREAS LDSC IMPROV. PRESLEY AREAS LDSC IMPROV. PRESLEY AREAS LDSC IMPROV. HINTERGARDT PARK LDSC IMPROV. HINTERGARDT PARK LDSC IMPROV. HINTERGARDT PARK LDSC IMPROV. NINTERGARDT PARK CALIFORNIA LANDSCAPE MA NOV-JUN LDSC MAINT.O.T.PRKG LT CALIFORNIA LANDSCAPE MA LDSC IMPROV. RCSP ACCOUNT NUMBER 165-199-812-5804 280-199-999-5362 280-199-999-5362 190-180-999-5212 001-170-999-5222 190-183-999-5330 001-1280 190-183-999-5330 280-199-999-5118 280-199-999-5118 190-182-999-5301 190-184-999-5212 190-182-999-5212 190-180-999-5212 190-184-999-5212 001-162-999-5250 190-183-999-5340 280-199-999-5212 190-180-999-5261 001-150-999-5254 001-164-601-5218 001-150-999-5250 190-180-999-5415 193-180-999-5212 193-180-999-5212 193-180-999-5212 193-180-999-5212 193-180-999-5212 190-180-999-5415 190-180-999-5415 190-180-999-5415 190-180-999-5415 001-164-603-5415 190-180-999-5415 ITEM AMOUNT 345,000.00 63.00 25.20 475.00 1,199.71 422.00 1,375.00 108.00 393.45 393.45 13.77 146.20 67.50 330.00 204.50 10,068.69 90,00 826.00 155.00 25.50 84.05 126.00 960.00 340.00 68.00 188.00 210.00 150.00 68.10 361.92 200.00 68.10 1,200.00 1,148.00 PAGE 2 CHECK AMOUNT 345,000.00 88.20 475.00 1o199.71 422.00 1,375.00 108.00 786.90 13.77 748.20 10,068.69 90.00 826.00 155.00 25.50 84.05 126.00 VOUCHRE2 CITY OF TEMECULA 07/30/98 12:11 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION ACCOUNT NUMBER ]TEM AMOUNT CHECK AMOUNT 50684 07/30/98 000126 50684 07/30/98 000126 50684 07/30/98 000126 CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA LDSC IMPROV. VILLAGES LDSC IMPROV. OLD TOWN/RCSP CREDIT:INV TOTALLED INCORRECT 193-180-999-5212 190-180-999-5415 190-180-999-5415 395.00 173.00 68.10- 5,462.02 50685 07/30/98 001590 CALIFORNIA REDEVELOPMEN MEMBERSHIP RENEWAL 98/99 50685 07/30/98 001590 CALIFORNIA REDEVELOPMEN MEMBERSHIP RENEWAL 98/99 280-199-999-5226 165-199-999-5226 1,465.00 1,465.00 2,930.00 50686 07/30/98 001062 50687 07/30/98 000131 50687 07/30/98 000131 50688 07/30/98 002415 CALIFORNIA, STATE OF CARL WARREN & CO., INC. CARL WARREN & CO., INC. CASTLE AMUSEMENT PARK PUBL]C FAC]L]TY NON-PROFIT FEE SKYLINE CONST. 04/07/97 PRATT, ALBERT 01/13/98 DAY CAMP EXCURSION 7/1/98 001-140-999-5226 300-199-999-5205 300-199-999-5205 190-183-999-5340 10.00 65.00 45.00 480.00 10.00 110.00 480.00 50689 07/30/98 000137 50689 07/30/98 000137 50690 07/30/98 003299 50691 07/30/98 002147 50691 07/30/98 002147 CHEVRON U S A INC. CHEVRON U S A INC. COHERw STAN COMPLIMENTS, COMPLAINTS COMPLIMENTSw COMPLAINTS FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES O.T. ENTERTAINMENT FIDDLER O,T, ENTERTAINMENT HITMEN BAND O.T. ENTERTAINMENT CLOWN/MIME 190-180-999-5263 001-162-999-5263 280-199-999-5362 280-199-999-5362 280-199-999-5362 31.08 10.80 50.00 300.00 350.00 41.88 50.00 650.00 50692 07/30/98 001014 50692 07/30/98 001014 50692 07/30/98 001014 COUNTRY SIGNS & DESIGNS COUNTRY SIGNS & DESIGNS COUNTRY SIGNS & DESIGNS CITY HALL EVACUATION SIGNS CITY HALL EVACUATION SIGNS SALES TAX 340-199-701-5219 340-199-701-5219 340-199-701-5219 1,310.00 127.00 101.53 1,538.53 50693 07/30/98 003189 CRAFTON HILLS COLLEGE 50693 07/30/98 003189 CRAFTON HILLS COLLEGE F.PREV.CLASS C.PISTER 10/9-18 001-171-999-5261 [NSP.ACADEMY C PISTER FALL SEM 001-171-999-5261 32.50 152.00 184.50 50694 07/30/98 DIANAT, YEGGI 50694 07/30/98 DIANAT, YEGGZ CONDUCT CULTURAL ARTS SURVEY CONDUCT CULTURAL ARTS SURVEY 190-180-999-5250 190-180-999-5250 24.00 24.00 48.00 50695 07/30/98 DOLPH, LEE ANN REFUND:DAY CAMP 190-183-4984 70.00 70.00 50696 07/30/98 003317 DONENOE, CHERYL REIMB:COUNCIL MTG REFRESHMENTS 001-100-999-5260 50.19 50,19 50697 07/30/98 001380 50697 07/30/98 001380 50697 07/30/98 001380 50697 07/30/98 001380 50697 07/30/98 001380 E S I EMPLOYMENT SERVIC E S I EMPLOYMENT SERVIC E S I EMPLOYMENT SERVIC E S I EMPLOYMENT SERVIC E S I EMPLOYMENT SERVIC TEMP HELP W/E 7/3 WILLIAMS TEMP HELP W/E 7/3 WILLIAMS TEMP HELP W/E 7/3 MILES TEMP HELP W/E 7/3 MILES TEMP HELP W/E 7/3 MILES 001-162-999-5118 001-161-999-5118 001-163-999-5118 001-165-999-5118 001-164-604-5118 348.48 348.48 220.20 220.20 440,40 1,577.76 50698 07/30/98 ESTEP, TAMRA REFUND:SECURITY DEPOSIT 190-2900 100.00 100,00 50699 07/30/98 000165 50699 07/30/98 000165 50699 07/30/98 000165 50699 07/30/98 000165 50699 07/30/98 000165 FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES 190-180-999-5230 280-199-999-5230 001-162-999-5230 001-165-999-5230 001-164-604-5230 21.50 48.75 26. O0 21.50 30.75 148.50 50700 07/30/98 003188 FIRE SAFETY TRUST F.PREV.CLASS C.PISTER 10/9-18 001-171-999-5261 70.00 70.00 VOUCHRE2 07/30/98 VOUCHER/ CHECK NUMBER 50701 50702 50702 50702 50703 50704 50705 50705 50705 50705 50705 50705 50705 50705 50705 50705 50705 50705 50705 50705 50705 50705 50706 50706 50707 50708 50709 50710 50711 50711 50712 50712 50713 50714 50715 50716 12:11 CHECK VENDOR VENDOR DATE NUMBER NAME 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 000170 FRANKLIN QUEST COHPANY~ 000184 000184 000184 G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM 000481 GEOTECHNICAL & ENVIRONM 002528 GLASS BLASTERS 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT 000177 GLENN1ES OFFICE PRODUCT 000177 GLENNIES OFFICE PRODUCT 000177 GLENNIES OFFICE PRODUCT 000177 GLENNIES OFFICE PRODUCT 001976 GUEST INFORMANT 001976 GUEST INFORMANT 001697 HALL, NANCY LEE 000796 I C B 0 001407 INTER VALLEY POOL SUPPL 003170 INTERSTATE APPRAISAL CO 002695 J A S PACIFIC CONSULTIN 002695 J A S PACIFIC CONSULTIN 000203 JOBS AVAILABLEr INC. 000203 JOBS AVAILABLE, INC. 003280 JON LASKIN BAND 002909 K W C ENGINEERING, INC. 001667 KELLY TEMPORARY SERVICE 001091 KEYSER MARSTON ASSOCIAT CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION DAY PLANNER BINDERS & REFILLS 909-694-4354 JUL PALA COHM PRK 909-695-3564 JUL CITY ALARM 909-699-7945 JUL CRC F.ALARM ENVIRO SITE ASSESSMENT:6TH ST CITY SEAL MUGS FOR NEW HIRES MISC. OFFICE SUPPLIES HISC. OFFICE SUPPLIES MISC. OFFICE SUPPLIES MISC. OFFICE SUPPLIES NISC. OFFICE SUPPLIES MISC. OFFICE SUPPLIES MISC. OFFICE SUPPLIES SALES TAX MISC. OFFICE SUPPLIES MISC. OFFICE SUPPLIES MISC. OFFICE SUPPLIES MISC. OFFICE SUPPLIES MISC. OFFICE SUPPLIES MISC. OFFICE SUPPLIES MISC. OFFICE SUPPLIES HISC COHPUTER SUPPLIES ADS:SAN DIEGO PUB. 98/99 CREDIT:4% DISCOUNT PER CONTRCT TCSD INSTRUCTOR EARNINGS MEMBERSHIP DUES:A. ELMO 98/99 MISC POOL SUPPLIES - CRC JUN APPRAISAL SRVCS-WINCH.HILL TEMP HELP W/E 6/5 MARTINEZ TEMP HELP W/E 7/6 ARGLEN RECRUITMENT ADVERTISING RECRUITMENT ADVERTISING SUMMER NIGHTS ENTERTAINMENT JUL RCSP SIDEWALK DESIGN SRVCS TEMP HELP (2)W/E 6/21FOWLER MAY PROF SRVCS-MALL ICE RINK ACCOUNT NUMBER 001-140-999-5220 320-199-999-5208 3Z0-199-999-5208 320-199-999-5208 165-199-999-5250 001-150-999-5265 001-100-999-5220 330-199-999-5220 001-120-999-5277 001-120-999-5220 001-140-999-5220 001-161-999-5220 340-199-701-5242 340-199-701-5242 190-180-999-5220 190-180-999-5220 190-181-999-5220 190-183-999-5310 190-182-999-5220 280-199-999-5220 165-199-99<2-5220 320-199-999-5221 280-199-999-5270 280-199-999-5270 190-183-999-5330 001-162-999-5226 190-182-999-5212 001-2641 001-162-999-5118 001-162-999-5118 001-150-999-5254 001-150-999-5254 280-199-999-5362 210-190-154-5802 001-150-999-5118 280-199-999-5248 ITEM AMOUNT 173.91 31.54 55.76 55.31 1,500.00 15.09 163.22 53.88 585.16 530.30 453.48 12.64 290.38 22.50 108.93 258.27 67.46 55.64 561.55 83.66 83.65 666.21 5,450.00 218.00- 150.40 25.00 207.42 1,668.00 522.00 1,073.00 155.52 79.20 100.00 237.50 923.00 3,781.03 PAGE 4 CHECK AMOUNT 173.91 142.61 1,500.00 15.09 3,996.93 5,232.00 150.40 25.00 207.42 1,668.00 1,595.00 234.72 100,00 237.50 923.00 3,781.03 VOUCHRE2 07/30/98 VOUCHER/ CHECK NUMBER 50717 50717 50718 50719 50720 50721 50722 50723 50724 50725 50726 50726 50727 50727 50727 50728 50729 50730 50730 50731 50731 50731 50731 50732 50732 50732 50732 50732 50732 50732 50732 50732 50732 50732 50732 50732 12:11 CHECK DATE 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/]0/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30198 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 VENDOR NUMBER 001694 001694 001534 001973 002890 002666 002693 000220 000843 001384 001384 000228 000228 000228 002292 002105 002105 001383 001383 001383 001383 003021 003021 003021 003021 003021 003021 003021 003021 003021 003021 003021 003021 003021 VENDOR NAME KNIGHT PRINTING KNIGHT PRINTING LA MASTERS OF FINE TRAV LA SALLE LIGHTING SERVI LABORDE, EDUARDO LOS ANGELES CELLULAR TE MASON & MASON REAL ESTA MATROS, ANDREA MAURICE PRINTERS, INC. MCDANIEL ENGINEERING CO MINUTEMAN PRESS MINUTEMAN PRESS MOBIL CREDIT FINANCE CO MOBIL CREDIT FINANCE CO MOBIL CREDIT FINANCE CO MONROY~ ELIZABETH OASIS VENDING OLD T(X,/N TIRE & SERVICE OLD T(:)I./N TIRE & SERVICE P H ~ ASSOCIATES, INC. P M W ASSOCIATES, INC. P M ~ ASSOCIATES~ INC. P M W ASSOCIATES, INC. PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PRINTING OF PERMIT FORMS SALES TAX AIR:M.F.-MALL RELATED ACTIVITY PARKING LOT LIGHT REPAIRS PRKS REFUND:VICR FEE #TER98090043 909-223-1667/317-6491-POLICE APPRAISAL SVS:PALMS PLAZA PROP TCSD INSTRUCTOR EARNINGS IEEP MASTERS PROFILE MASTERS JUNE SVS:RANCHO CAL/I-15 IMPRV FOIL BUSINESS CARDS= PAPAGOLOS SALES TAX FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES REFUND: TUMBLING TOTS CITY HALL COFFEE SERVICE CITY VEHICLE REPAIRS & NAINT CITY VEHICLE REPAIRS & MAINT TEAM DEVELOPMENT WRKSHP-TCSD TEAM DEVELOPMENT WKSHP-PW/ENG TEAM DEVELOPMENT WKSHP-PW/ENG TEAM DEVELOPMENT WORKSHOP JUL CELLULAR PHONE SERVICE JUL CELLULAR PHONE SERVICE JUL CELLULAR PHONE SERVICE JUL CELLULAR PHONE SERVICE JUL CELLULAR PHONE SERVICE JUL CELLULAR PHONE SERVICE JUL CELLULAR PHONE SERVICE JUL CELLULAR PHONE SERVICE JUL CELLULAR PHONE SERVICE JUL CELLULAR PHONE SERVICE JUL CELLULAR PHONE SERVICE JUL CELLULAR PHONE SERVICE JUL CELLULAR PHONE SERVICE ACCOUNT NUMBER 001-162-999-5222 001-162-999-5222 001-161-999-5261 190-180-999-5212 001-170-4067 001-170-999-5208 210-165-604-5801 190-183-999-5330 280-199-999-5270 210-165-601-5801 001-140-999-5222 001-140-999-5222 001-170-999-5262 001-161-999-5263 001-164-604-5263 190-183-4980 340-199-701-5250 001-165-999-5214 001-164-604-5214 190-180-999-5261 001-164-604-5261 001-164-604-5261 001-120-999-5261 001-162-999-5208 190-180-999-5Z08 280-1990 001-161-999-5208 001-100-999-5208 001-110-999-5208 001-150-999-5208 001-163-999-5208 001-164-601-5208 001-164-604-5208 001-140-999-5208 320-199-999-5208 001-120-999-5208 ITEM AMOUNT 1,026.86 79.58 666.00 685.50 45.00 178.11 1,323.75 352.80 243.52 2~400.00 102.50 7.94 131.01 9.80 14.45 61.00 356.40 59.29 390.95 1,445.54 1,400.00 45.54 1,445.54 117.95 399.83 55.76 112.01 172.88 58.07 55.76 298.86 109.87 136.81 60.22 119.33 57.08 PAGE 5 CHECK AMOUNT 1,106.44 666.00 685.50 45.00 178.11 1,323.75 352.80 243.52 2,400.00 110.44 155.26 61.00 356.40 450. 24 4,336.62 1,754.43 VOUCHRE2 07/30/98 VOUCHER/ CHECK NUMBER 50733 50733 50733 50733 50733 50733 50733 50733 50733 50733 50734 50734 50735 50735 50735 50735 50735 50735 50735 50735 50735 50735 50735 50735 50735 50735 50735 50735 50735 50735 50735 50735 50735 50735 50735 50735 50735 50735 50735 50736 50736 50737 50737 50737 50737 50737 50737 12:11 CHECK DATE 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 VENDOR NUMBER 001561 001561 001561 001561 001561 001561 001561 001561 001561 001561 000733 000733 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000247 000247 000249 000249 000249 000249 000249 000249 VENDOR NAME PAGENET PAGENET PAGENET PAGENET PAGENET PAGENET PAGENET PAGENET PAGENET PAGENET PARTY PZAZZ PARTY PZAZZ PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES~ RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEESt RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PESTMASTER PESTMASTER PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION JUL-SEPT PAGING SERV & RENTAL JUL-SEPT PAGING SERV & RENTAL JUL-SEPT PAGING SERV & RENTAL JUL-SEPT PAGING SERV & RENTAL JUL-SEPT PAGING SERV & RENTAL JUL-SEPT PAGING SERV & RENTAL JUL-SEPT PAGING SERV & RENTAL JUL-SEPT PAGING SERV & RENTAL JUL-SEPT PAGING SERV & RENTAL JUL-SEPT PAGING SERV & RENTAL EQUIP RENTAL FOR STRTSCPE GRND SALES TAX 000246 MLT PERS 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS-PRE 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR OVERSTATED PERS WAGES ~EED SPRAYING & ABATEMENT WEED SPRAYING & ABATEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT ACCOUNT NUMBER 320-199-999-5238 001-162-999-5238 001-100-999-5238 001-164-601-5238 001-170-999-5238 190-180-999-5238 001-120-999-5238 001-110-~{~-5238 001-140-999-5238 320-199-999-5238 280-199-999-5362 280-199-999-5362 001-2130 001-2390 165-2390 190-2390 191-2390 192-2390 193-2390 194-2390 280-2390 300-2390 320-2390 330-2390 340-2390 001-2130 001-2390 165-2390 190-2390 191-2390 192-2390 193-2390 194-2390 280-2390 300-2390 320-2390 330-2390 340-2390 001-2390 001-164-601-5401 001-164-601-5402 001-161-999-5226 001-161-999-5260 280-199-999-5362 190-183-999-5340 280-199-999-5362 001-140-999-5262 ITEM AMOUNT 6.11 337.50 38.21 114.63 201.62 422.47 41.27 123.81 38.21 3.80 64.25 4.98 322,43 21,735.01 447.72 3,576.68 13.28 32.78 410.62 197,60 219.80 129.06 657.78 131.12 483,77 263,61 70,22 1.17 13.85 .05 ,14 1.54 .84 .69 .46 1.86 .93 2.18 38.15- 2,595. O0 475.00 19.00 45.95 7.33 7.27 22.24 42.90 PAGE 6 CHECK AMOUNT 1,327.63 69.23 28,677.04 3,070.00 VOUCHRE2 07/30/98 VOUCHER/ CHECK NUMBER 50737 50737 50737 50737 50737 50737 50737 50737 50737 50737 50737 50737 50737 50737 50737 50737 50738 50738 50739 50740 50741 50742 50743 50744 50745 50746 50747 50748 50748 50749 50750 50751 50752 50753 12:11 CHECK DATE 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07~30~98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 VENDOR NUMBER 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000254 000254 002880 002072 000262 000266 001365 000268 000406 002226 000645 000645 000374 000537 001212 000293 002366 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 PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRO-CRAFT SASH & SUPPLY RANCHO CALIF WATER DIST RANCHO CALIFORNIA WATER RIGHTWAY RIVERSIDE CO. ENVIRONME RIVERSIDE CO. HABITAT RIVERSIDE CO. SHERIFF'S RUSSO, MARY ANNE SCARFE, DANIELLE SMART & FINAL, INC. SMART & FINAL, INC. SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF GAS COMP STADIUM PIZZA STEAM SUPERIOR CARPET C CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT 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 1YR SUBSCRIPTION - PW/ENG PUBLIC NOTICE: SP219 ADD'L DESK FOR CITY COUNCIL AIR VACUUM RELOCATION:6TH STRE 01-15-01499-1 WINCH PRK RIVERTON PARK TOILET RENTAL HEALTH PERMIT:SAN HICKS PRK K-RAT FEE COLLECTED IN JUNE 98 BIKE PATROL FOR JUNE 1998 TCSD INSTRUCTOR EARNINGS REFUND: DOG OBEDIENCE DAY-CAMP MISC SUPPLIES DAY-CAMP MISC SUPPLIES RELOCATE SPLICE BOX @ MARG PRK 2-07-626-6063 RANCHO VISTA 095 167 7907 2 PAUBA RD DAY CAMP PRGM-END OF SESSION CARPET CLEANING-CITY HALL ACCOUNT NUMBER 001-100-999-5260 190-183-999-5320 190-183-999-5370 001-162-999-5242 001-150-999-5260 190-183-999-5370 190-2920 280-199-999-5362 190-183-999-5370 190-180-999-5260 190-181-999-5220 001-100-999-5220 190-183-999-5340 190-183-999-5320 280-199-999-5362 001-101-999-5280 001-164-604-5228 001-120-999-5256 340-199-701-5250 280-199-804-5804 190-180-999-5240 190-180-999-5238 190-180-999-5250 001-2300 001-170-999-5326 190-183-999-5330 190-183-4982 190-183-~99-5340 190-183-999-5340 210-190-119-5804 193-180-999-5240 001-171-999-5240 190-183-999-5340 340-199-701-5212 ITEM AMOUNT 20.14 15.50 10.09 16.15 23.49 17.29 12.99 25.95 21.28 34.80 6.45 15.87 8.00 6.48 16.15 42.64 124.80 6.75 980.00 763.70 14.69 62.89 65.00 44,960.00 4,314.00 483,00 65.00 58.31 152.92 2,119.73 54.97 73.00 64.00 1,500.00 PAGE 7 CHECK AMOUNT 437.96 131.55 980.00 763.70 14.69 62.89 65.00 44,960.00 4,314.00 483.00 65.00 211,23 2,119.73 54.97 73.00 64.00 1,500.00 VOUCHRE2 07/30/98 VOUCHER/ CHECK NUMBER 50754 50755 50756 50757 50758 50759 50760 50761 50762 50763 5076~ 50765 12:11 CHECK DATE 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 07/30/98 VENDOR VENDOR NUMBER NAME 000574 SUPERTONER 001672 TEMECULA DRAIN SERV & P 000314 TEMECULA VALLEY MUSEUM 002566 VALLEY MICRO COMPUTERS 000379 W DEAN DAVIDSON CO. WILLIAMS, KAY WORKMAN, PAMELA ZB INVESTMENT COMPANY COLLETT, MICHAEL COLLETT, MICHAEL EVERETT, MAT 000374 SOUTHERN CALIF EDISON CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ]TEN DESCRIPTION HP FUSER ASSEMBLY REPLACEMENT DRINKING FOUNTAIN-R,C,S,P, DRAW REQUEST - LEGAL FEES MISC COMPUTER SUPPLIES MAINT FACILITY MODIFICATIONS RE]MB: OLD TWN FLYER PRINT JOB REFUND: DOG OBEDIENCE REFUND: PERMIT PA97-0170 CONDUCT CULTURAL ARTS SURVEY CONDUCT CULTURAL ARTS SURVEY CONDUCT CULTURAL ARTS SURVEY UNDERGRND OF OVRHEAD PWR LINES ACCOUNT NUMBER 320-199-799-5215 190-180-999-5212 210-190-808-5804 320-199-999-5221 340-199-702-5250 280-199-999-5362 190-183-4982 001-161-4195 190-180-999-5250 190-180-999-5250 190-180-999-5Z50 210-165-681-5804 ITEM AMOUNT 150.00 360.00 519.65 78.49 1,047.27 53.88 60.00 650.00 24.00 24.00 24.00 3,610.42 PAGE 8 CHECK AMOUNT 150.00 360.00 519.65 78.49 1,047.27 53.88 60.00 650.00 24.00 24.00 24.00 3,610.42 TOTAL CHECKS ~ 5/+8,636.22 VOUCHRE2 07/30/98 14:28 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 190 COHMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 210 CAPITAL IHPROVEHENT PROJ FUND 340 FACILITIES AMOUNT 363,736.54 18,536.67 987.00 9,480.68 502,952.49 4,024.96 TOTAL 899,718.34 VOUCHRE2 07/30/98 14:28 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE VOUCHER/ CHECK NUMBER CHECK DATE VENDOR NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 50768 50768 50768 50768 50768 50768 50768 50768 50768 50768 50768 50768 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA JUN LDSC MAINT MEDIANS,SLOPES JUN LDSC MAINT MEDIANS,SLOPES JUN LDSC NAINT MEDIANS,SLOPES JUN LDSC MAINT MEDIANS,SLOPES JUN LDSC MAINT MEDIANS,SLOPES JUN LDSC MAINT MEDIANS,SLOPES JUN LDSC MAINT FIRE ST, ~ JUN LDSC NAINT CITY HALL CREDIT:JUN LDSC MAiNT SERVICES CREDIT:JUN LDSC HAINT SERVICES CREDIT:JUN LDSC HAINT SERVICES CREDIT:JUN LDSC HAINT SERVICES 190-180-999-5415 190-181-999-5415 190-182-999-5415 190-184-999-5415 191-180-999-5415 193-180-999-5415 001-171-999-5212 340-199-701-5415 190-180-999-5415 193-180-999-5415 190-182-999-5415 001-171-999-5212 17,250.00 246.00 1,593.00 325.00 987.00 11,521.00 250.00 496.00 2,719.00- 2,040.32- 143.37' 17.50- 27,747.81 50769 50769 50769 08/11/98 08/11/98 08/11/98 003150 003150 003150 EDGE DEVELOPMENT, INC EDGE DEVELOPMENT, INC EDGE DEVELOPMENT# INC C/O #1MARG. CONM, PARK PGRSS PMT fi MAR. CONM. PARK RETENTION W/H PRGSS PMT ~ 210-190-119-5804 210-190-119-5804 210-2035 9,828.08 203,053.22 21,288.13- 191,593.17 50770 50771 50772 50772 50773 50 774 50774 50774 50775 50775 50776 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 003077 001550 001689 001689 0008~3 001067 001067 001067 003218 003218 002498 G T E CALIFORNIA GROSSMONT BANK MACADEE ELECTRICAL CONS MACADEE ELECTRICAL CONS MCDANIEL ENGINEERING CO MITY-LITE, INC. NITY-LITE, INC. MITY-LITE, INC. PELA PELA PETRA GEOTECHN]CAL, iNC 0573-BPOO1CB RELOCATE GTE FAC. RETENTION TO ESCROW ACCT:EDGE JUNE PRGS:TRAFFIC SIGNAL RANCH RETENTION W/H JUNE PRGSS PMT JUNE SVS:PALA RD BRIDGE DESIGN 34 FOLDING LIGHTWEIGHT TABLES 34 FOLDING LIGHTWEIGHT TABLES 34 FOLDING LIGHTWEIGHT TABLES REVIEW LDSCP PLANS-PLANNING REVIEW LDSCP PLANS-PLANNING HAY SVS:RANCHO CAL a 1-15 IMPR 210-165-601-5804 210-1035 210-165-690-5804 210-2035 210-165-631-5802 190-184-999-5242 340-199-701-5242 340-1990 001-161-999-5250 001-161-999-5250 210-165-601-5801 177,657.00 21,288.13 29,391.32 2,939.14- 47,634.01 1,985.04 3,500.00 28.96 2,124.00 9,687.00 6,785,00 177,657.00 21,288.13 26,452.18 47,634.01 5,514.00 11,811.00 6,785.00 50777 50777 50777 50777 50777 50777 50777 50777 50777 50777 50777 50777 50777 50777 50777 50777 50778 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 08/11/98 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000374 RIVERSIDE CO. SHERIFPS RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFPS RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO, SHERIFF'S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO, SHER[FF~S RIVERSIDE CO. SHERIFFfS RIVERSIDE CO, SHERIFF~S RIVERSIDE CO. SHERIFF'S SOUTHERN CALIF EDISON LAb ENFORCEMENT SVS JUNE 30 LAW ENFORCEMENT SVS JUNE 30 LAb ENFORCEMENT SVS JUNE 30 LAW ENFORCEMENT SVS JUNE 30 LAW ENFORCEMENT SVS JUNE 30 LAW ENFORCEMENT SVS JUNE 30 LAW ENFORCEMENT SVS JUNE 30 LAW ENFORCEMENT SVS JUNE 30 LAW ENFORCEMENT SVS JUNE 30 LAW ENFORCEMENT SVS JUNE 30 LAW ENFORCEMENT SVS JUNE 30 LAW ENFORCEMENT SVS JUNE 30 LAb ENFORCE SVS FOR 4TH OF JUL LAb ENFORCE SVS FOR 4TH OF JUL LAW ENFORCE SVS FOR 4TH OF JUL JUNE 98 BOOKING FEES UNDERGRND OF OVRHEAD PWR LINES 001-170-999-5288 001-170-999-5299 001-170-999-5298 001-170-999-5294 001-170-999-5289 001-170-999-5291 001-1230 001-170-999-5281 001-170-999-5282 001-1990 001-170-999-5279 001-1990 001-170-999-5297 001-170-999-5288 001-170-999-5281 001-170-999-5273 210-165-~81-5804 162,574.36 30,338.20 33,231.60 7,414.50 9,024.00 8,315.04 8,315.04 28,200.77 2,525.38 18,351.89 10,190.26 10,146.04 690.24 12,489.40 1,275.12 8,611.20 31,543.00 351,693.04 31,543.00 TOTAL CHECKS 899,718.34 ITEM 4 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance"/~'/-~ August 11, 1998 City Treasurer's Report as of June 30, 1998 PREPARED BY: William Pattison, Senior Accountant ~, Jesse Diaz, Accountant (~- RECOMMENDATION:That the City Council receive and file the City Treasurer's Report as of June 30, 1998. DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of June 30, 1998. FISCAL IMPACT: None ATTACHMENTS: 1. City Treasurer's Report as of June 30, 1998 2. Schedule of Assets, Liabilities, and Fund Equity as of June 30, 1998 3. Fund Equity Detail by Fund as of June 30, 1998 City of Temecula City Treasurers Report As of June 30, 1998 Cash Activity for the Month of June Cash and Investments as of June 1, 1998 Cash Receipts Cash Disbursements Cash and Investments as of June 30, 1998 62,161,965 3,486,033 (3,620,379) 62,027,619 Cash and Investments Portfolio: Type of Investment Petty Cash General Checking Sweep Account (Money Market Accoun0 Benefit Demand Deposits Local Agency Investment Fund Checking Accounts (Sherwood/Pujol Apartments) Checking Account (Retention Escrow) (Orossmont Bank) Deferred Compensation Fund Deferred Compensation Fund Defined Contribution Fund Trust Accounts- CFD 88-12 (Money Market Account) Trust Accounts-TCSD COPs (Money Market Account) Reserve Account-TCSD COPs (Guaranteed Investment Contract) Trust Accounts-RDA Bonds (Money Market Account) Reserve Account-RDA Bonds (Guaranteed Investment Contract) Institution City Hall Union Bank Union Bank (Highmark U.S. Treasury) Union Bank State Treasurer Home Savings of America Yield 4.630% Maturity Date (2) 5.671% ICMA PEBSCO PEBSCO U.S. Bank (First Am. Oovt) 5.300 U.S. Bank (First Am. Treasury) 4.973 Bayerische Landesbaxdc 6.870 U.S. Bank (First Am. Treasury) 4.973 Bayerische Landesbank 7.400 Contractual/ Market Value $ 1,500 (578,980) 1,695,000 7,279 43,815,047 8,518 40,981 458,627 880,459 92,198 6,283,904 17,716 502,692 7,353,758 1,448,920 All investments are liquid and currently available. (1)-This mount is net of outstanding checks. (2)-At June 30, 1998 total market value for the Local Agency Investment Fund (LAIF) was $32,107,563,738. The City's proportionate share of that value is $44,213,764. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expenditures of the Cily of Tomecula for the next six months. Par/Book Balance 1,500 (578,980) (1) 1,695,000 7,279 (1) 43,815,047 (2) 8,51s (1) 40,981 458,627 880,459 92,198 6,283,904 17,716 502,692 7,353,758 1,448,920 62.027,619 City of Temecula Schedule of Assets, Liabilities, and Fund Balances As of June 30, 1998 Assets: Cash and investments Receivables Due from other funds Land held for resale Prepaid assets Deposits Fixed assets-net city (1) Community Services District $ 43,460,750 $ 3,315,230 4,538,291 135,171 1,048,949 22,930 134,081 256,789 1,024,781 Total assets $ 50,463,641 3,473,331 $ Redevelopment Agency $ 15,251,639 1,156,741 2,949,660 2,103,053 21~61,093 $ Total 62~27,619 5,830,203 4,021,539 2,103,053 134,081 256,789 1,024,781 75,398,065 Liabilities and fund equity: Liabilities: Due to other funds $ 1,048,949 Other liabilities 13,801,301 $ 22,930 1,249,708 $ 2,949~60 642,816 $ 4,021,539 15,693,825 Total liabilities 14,850,250 1,272,638 3,592,476 19,715,364 725,459 1,475,234 2,200,693 Fund equity: Contributed capital 1,281,781 Retained eamings 782,258 Fund balances: Reserved (2) 10, 149,882 Designated (3) 21,122,097 Undesignated 2,277,373 Total fund equity 35,613,391 Total liabilities and fund equity $ 50,463,641 7,848,534 10,020,083 17,868,617 21A61,093 $ 3,473,331 $ 1,281,781 782,258 18,723,875 32,617~14 2,277,373 55,682,701 $ 75,398,065 (1) Includes General Fund, CIP Fund, Gas Tax Fund, CFD 88-12 Funds, other special revenue funds, and deferred comp agency funds. (2) Includes mounts reserved for encumbrances, land held for resale, long-term notes receivable, low/mod housing, and debt service. (3) Includes amounts designated for economic uncertainty, future capital projects, debt service, and continuing appropriations. ITEM 5 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Ronald E. Bradley, City Manager August 11, 1998 Riverside County Transportation Commission Board Membership RECOMMENDATION: That the City Council appoint a principal and an alternate representative to the newly constituted Board. BACKGROUND: As the Council will recall, during the recent discussions regarding the Riverside County Transportation Commission (RCTC), Western Riverside Council of Governments (WRCOG), and Rapid Transit Agency (RTA), it was decided by consensus that the membership of the RCTC should be expanded to include one representative from each city. Mayor Ron Roberts has served as a representative on the subcommittee that negotiated this arrangement and has volunteered to stay on as the RCTC City representative. Councilman Jeff Comerchero has indicated an interest in serving as the alternate delegate to the Board. RCTC is requesting appointments to their Board so that they can begin the training program for Board members in August. FISCAL IMPACT: None ITEM 6 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council J~,t~:aseph Kicak, Director of Public Works/City Engineer ugust 11, 1998 Joint Project Funding Agreement - Highway 79 South Phase II RECOMMENDATION: That the City Council approve the Joint Project Funding Agreement with the County of Riverside Assessment District No. 159 (AD 159) for Highway 79 South Phase II and authorize the Mayor to execute the agreement. BACKGROUND: One of the major east/west routes within the City is State Highway 79 South (SR 79S). Several years ago, Riverside County formed Assessment District 159 to provide for certain improvements within the District boundary. SR 79S, which required right-of- way acquisition, various storm drain facilities and total reconstruction, as part of AD 159. To expedite the completion of construction within AD 159, City Council participated in the reconstruction of the Interchange of SR 79S and I~15 by contributing 1.2 million dollars. This Fiscal Year (1998-1999) City Council budgeted 2 million dollars for participation in the cost of improvements in the widening of the remaining unimproved portion of SR 79S, between Avenida de Missions and the I-15/SR 79S Interchange. The attached agreement (City/County) provides for the City's participation in the construction of SR 79S and coordinating the construction of this project with the City's Pala Road/Temecula Creek Bridge construction. FISCAL IMPACT: 210-165-698-5804. ATTACHMENT: Funding is available in approved FY 1998-1999 budget Account No. Agreement ~\TEMEC_FS201~DATA~DEpTS~I~,GDR~\081 fi79SJOINT.AGR/ajp GEORGE W, MCFARUN JAMES F. ANDERSON LAW OFFICES OF McFarlin & Anderson 23101 LAKE CENTER DRIVE SUITE 120 LAKE FOREST, CALIFORNIA 92630 (714)452-0500 FAX (714) 452-0577 June 22,1998 Tony Carstens Executive Office COUNTY OF RIVERSIDE 4080 Lemon Street 12th Floor Riverside, CA 92501 Re: Assessment District No. 159: Refundin~ Alternatives Dear Tony: Following up on our meeting on June 17, 1998, the following is a summary of the objectives of the County relating to the construction of certain priority improvements in AD 159 and the proposed source of funding for each. I have also discussed alternatives for bringing equity into the District with respect to the property purchased by Redhawk Communities Inc. (the "Redhawk Property") and the prospect of refunding some or all of the outstanding obligations to reduce debt service on all property owners. Construction. Highway 79 South. The estimated cost of the Highway 79 South Phase III construction is $10.22M as described in the budget approved by the Board attached hereto as Exhibit I. Butterfield Interceptor. This drainage improvement was authorized in AD 159 Supplemental at $1.3M. The estimate for construction is approximately $2.6-2.8M based on current construction costs. Funding of this improvement was to be included in AD 159 Supplemental Series B Additional Bonds; Refunding. Redhawk Bonds. There is presently a deficient assessment against the Redhawk Property in the approximate amount of $10. 0M based on improvements which were not funded in AD 159 Series C and in AD 159 Supplemental Series A. The improvements not funded were primarily related to Highway 79 South. To correct this deficiency there are two alternatives: Respread. This is an engineering solution whereby the cost of the improvements funded by AD 159 Series C and AD 159 Supplemental Series A will be reallocated to the properties in the assessment district in accordance with the benefit received. tcarstens 0622.8a McFarlin & Anderson Tony Carstens June 22, 1998 Page 2 The effect will be to reduce some of the costs on non-Redhawk Property parcels and transfer it to Redhawk Property parcels. There will also be an adjustment for interest on payments made in past years which should be attributed to the Redhawk Property obligations which would further increase the Redhawk Property's financial obligation. No new money will be generated. bo New BondIssue. This altemative involves a sale of bonds by Original AD 159 and by AD 159 Supplemental (not necessarily concurrent), each in the amount of approximately $5.0M and secured by assessments on Redhawk Property. Use of this alternative will allow the County to return moneys to the Original Series C and Supplemental Series A Earnings Fund for application to future special tax payments or redemption of bonds in accordance with the bond documents and direction of the County for the benefit of non-Redhawk Property parcels. Refunding. The County' s finance team is considering some form of refunding on some or all of the outstanding bonds to reduce debt service. Any refunding proposal would be subject to favorable market conditions and a determination of sufficient value of the property. If you have any questions about these information, please don't hesitate to call. Very truly yours, George W. McFarlin GWM:mlc cc: Kelley Donovan, TLMA Larry Rolapp, FRA Paul Thompson, Webb tcarsttms 0622.8a . EXHIBIT I HIGHWAY 79 SOUTH PROPOSED BUDGET Budget Construction: Total Budget SR 79 South Phase II RCWD Utility Relocation EMWD Utility Relocation Contingency Subtotal Construction 6,367,463 1,789,255 106,065 955,119 9,217,902 Other Costs Inspection Survey Soils Design Project Administration Subtotal Other Grand Total costs 455,722 286,536 191,024 18,000 63,675 1,004,957 10,222,859 Projected Revenue AD 159 SB 300 Interest City of Temecula RCWD Reimbursement EMWD Reimbursement 5,300,000 500,000 527,539 2,000,000 1,789,255 106,065 Total 10,222, 859 COUNTY OF RIVERSIDE ASSESSMENT DISTRICT NO. (Rancho Villages) 159 JOINT PROJFCT FUNDING AGRFFMFNT (HIGHWAY 79 SOUTH PHASE II) This AGREEMENT is made and entered into this _ day of 1998 by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California (hereinafter referred to as the "County") on behalf of Assessment District No. 159 (Rancho Villages) and the CITY OF TEMECULA, a municipal corporation and public agency existing under the laws of the State of California (hereinafter referred to as the "City"). RECIIALS WHEREAS, the County has conducted proceedings for the formation of (i) an assessment district designated Assessment District No. 159 (Rancho Villages) and (ii) a supplemental assessment district designated Assessment District No. 159 Supplemental (Rancho Villages) (collectively, the "Assessment District") pursuant to the Municipal Improvement Act of 1913 (the "Act"), being Division 12 (commencing with Section 10000) of the Streets and Highways Code of the State of California, to finance the construction and acquisition of certain public improvements specified in such proceedings (the "1 mprovements"); WHEREAS, one of the Improvements designated for construction by the County is the widening of Highway 79 South between Avenida de Missiones and Interstate 15, including signalization (the "Highway Improvements"); WHEREAS, in order to construct the Highway Improvements, the County is in the process of acquiring right-of-way, entering into agreements with State agencies and completing engineering design; WHEREAS, the parties wish to provide for the construction of the Highway Improvements, and have agreed to share the costs of such improvements, as described in this agreement; WHEREAS, the City and the County wish to allocate the responsibility for the construction and funding of the Highway Improvements; and WHEREAS, the parties wish to provide for full cooperation in all efforts to construct the Highway Improvements and to obtain governmental permits as provided in this agreement. NOW, THEREFORE, THE COUNTY OF RIVERSIDE AND THE CITY OF TEMECULA DO HEREBY AGREE AS FOLLOWS: Section 1. Section 2. AGREEMENT Recitals. The above recitals are true and correct. Construction of Highway Improvements. a. Governmental Permits and Agreements. The County and the City shall collectively pursue and support the processing of the Highway Improvements in order to obtain the State permits necessary to the construction of said improvements. The County shall have the lead agency role with respect to permit processing and approvals. 2 b. Scope of Design and Construction. The parties agree that the Highway Improvements will be designed and processed for governmental approvals based on a traffic study consistent with the designation of Highway 79 South as a six lane urban arterial highway by Caltrans. The Highway Improvements will be submitted for approval, offered for bid and constructed as a single project. c. Construction of the Improvements. The City and the County will cooperate to complete the construction of the Highway Improvements. The County will act as lead agency, engaging the design engineers and processing the plans and specifications with the appropriate State and local agencies for approval. The County will offer the plans and specifications for bid, and will use its best efforts to award the construction contract in the Spring of 1999. The County will act as contract administrator and construction manager for the project. d. Timing of the Construction to be coordinated with City. At the same time the County is constructing the Highway Improvements, the City will be constructing Pala Road Bridge and the realignment of Pala Road. The County and City agree that it is critical for maintaining adequate traffic flow, that the portion of Highway 79 at the intersection of Pala Road be completed by the County prior to the completion of Pala Road Bridge and the realignment of Pala Road by the City. County and City, therefore, agree to use their best efforts to time their respective construction projects such that the portion of the Highway Improvements relating to the Intersection of Highway 79 and the realignment of Pala Road shall be completed prior to the 3 Section 3. City's completion of Pala Road Bridge and the realignment of Pala Road. County further agrees to include in the contract documents for construction of the Highway Improvements a requirement that the contractor for the Highway Improvements complete the improvements relating to the intersection of Highway 79 and the realigned Pala Road prior to the City's completion of Pala Road Bridge and the realignment of Pala Road. Project Funding a. Project Rudget. County and City hereby agree to a project budget of $10,222,859, as described and estimated in Exhibit A, attached hereto. b. Construction Cost-Sharing. The County and the City shall jointly fund the costs of the Project, as provided herein. To the extent the construction costs of the Highway Improvements listed in Exhibit A of this agreement exceed the estimates listed in Exhibit A, such costs will be borne by the County. Any additional costs that are the result of betterments requested by the City or County will be borne entirely by the party requesting such betterment. c. City Funding. The City hereby commits $2,000,000, and the interest earnings thereon, for the payment of construction and construction management for the Highway Improvements. Said amount shall be deposited with County within ten (10) business days of the execution of this Agreement. d. County Funding. The County hereby commits $5,700,000, and the interest earnings thereon, for the payment of construction and construction management for the Highway Improvements from Assessment District bond 4 EXHIBIT A HIGHWAY 79 SOUTH PROPOSED BUDGET Budget Construction: Total Budget SR 79 South Phase II RCWD Utility Relocation EMWD Utility Relocation Contingency Subtotal Construction 6,367,463 1,789,255 106,065 955,119 9,217,902 Other Costs Inspection Survey Soils Design Project Administration Subtotal Other Grand Total costs 455,722 286,536 191,024 18,000 63,675 1,004,957 10,222,859 Projected Revenue AD 159 SB 300 Interest City of Temecula RCWD Reimbursement EMWD Reimbursement 5,200,000 500,000 627,539 2,000,000 1,789,255 106,065 Total 10,222,859 Section 4. Section 5. proceeds on deposit. e. Construction Fund. The County shall establish within the Accounts held by the Trustee on behalf of AD 159, an account entitled Highway Improvements. City and County funding for the Highway Improvements, and the interest thereon, shall be retained in said account until completion of the project. Any residual in the account after completion of the Project shall be available for improvements within AD 159. Disputes. Any disputes which may arise between the City and the County during the operation of this agreement shall be resolved without impact on the schedule or timing of payments. Reciprocal Indemnification. County shall assume the defense of, indemnify and hold harmless City and its respective officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, (I) actions of County pursuant to this Agreement and (ii) the design, engineering and construction of the City Improvements; provided, that, nothing in this paragraph shall limit, in any manner, City's rights against any of County's engineers and contractors. No provision of this Agreement shall in any way limit the extent of the responsibility of County for payment of damages resulting from its own operations or the operations of any of its contractors, agents or employees. City shall assume the defense of, indemnify and hold harmless County and its respective officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses and expenses 5 Section 6. Section 7. Section 8. Section 9. of every type and description to which they may be subjected or put, by reason of, or resulting from the actions of City pursuant to this Agreement. No provision of this Agreement shall in any way limit the extent of the responsibility of City for payment of damages resulting from its own operations or the operations of any of its contractors, agents or employees. Notices. Any notice authorized or required to be given by this Agreement or proceedings related hereto shall be deemed to have been sufficiently given if and when sent by first class mail, postage prepaid, to the parties as COUNTY OF RIVERSIDE 4080 Lemon Street 9th Floor Riverside, CA 92502 Attn: David E. Barnhart To City: CITY OF TEMECULA 43200 Business Park Drive Temecula, CA 92590 Attn: Joseph Kicak Successors and Assigns. This Agreement shall inure to the benefit of and be binding on each of the parties and their successors and assigns. F:ffective Date. This Agreement shall become effective upon acceptance by the Board of Supervisors of the County and the City Council of the City and by execution by the respective authorized representatives of each. General. This Agreement contains the entire agreement between the parties with respect to the matters herein provided for, and may only be amended by a subsequent written agreement executed by all parties. This agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. 6 follows: To County: IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. COUNTY OF RIVERSIDE CITY OF TEMECULA By: Chairman, Board of Supervisom By: Ron Roberts, Mayor ATTEST: GERALD A. MALONEY, CLERK OF THE BOARD OF SUPERVISORS ATTEST: By: Deputy By City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Deputy Peter M. Thorson, City Attorney 7 ITEM 7 CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council Joseph Kicak, Director of Public Works/City Engineer August 11, 1998 SUBJECT: Acceptance of Grant Deed for portion of Pala Road (Temecula Creek) Bridge Project Right-of-Way and Related Purposes. PREPARED BY: ~t~L(~ Ronald J. Parks, Deputy Director of Public Works Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN CORPORATION GRANT DEED FOR RIGHT OF WAY, SLOPE EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT FOR PALA ROAD |TEMECULA CREEK) BRIDGE PROJECT FOR STREET CONSTRUCTION PURPOSES BUT NOT ACCEPTING INTO THE CITY MAINTAINED- STREET SYSTEM AT THIS TIME. (KCY DEVELOPMENT, INC., A CALIFORNIA CORPORATION) BACKGROUND: The City of Temecula is acquiring certain parcels for Rights Of Way for the Pala Road (Temecula Creek) Bridge Project· These rights of way include parcels for the realignment of Pala Road and for bridge construction, and generally, are between State Highway 79S and southerly of Rainbow Canyon Road . In addition, there are easements required for slope construction abutting the roadway section and for temporary construction purposes. The subject parcels have been purchased by the City of Temecula and are being deeded to the City for right of way, slope easements, and a temporary construction easement along the northeasterly side of existing Pala Road· FISCAL IMPACT: None. ATTACHMENTS: Resolution 98- , with Exhibits 'A" through 'D". Location Map Grant Deed (On File) 1 R:IAGDRP~98i081 I|PALAROAD. ROW RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN CORPORATION GRANT DEED FOR RIGHT OF WAY, SLOPE EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT FOR PALA ROAD CrEMECU1A CI!EEK) BRH)GE PROJECT FOR STREET CONSTRUCTION PURPOSES BUT NOT INTO THE CITY MAINTAINED-STREET SYSTEM AT THIS TIME.(KCY DEVELOP1MENT, INC., A CALIFORNIA CORPORATION). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that the construction of the Pala Road (Temecula Creek) Bridge Project requires acquisition of certain parcels of land to facilitate the construction of and maintenance of said bridge and related street improvements; and, WHEREAS, the City Staff and consultants have negotiated with the affected owners and/or their agents to acquire parcels of land which facih'tate the proposed bridge and related street improvements; and, WHEREAS, City Staff has successfully negotiated with a fronting owner and has obtained a Corporation Grant Deed for right of way, slope easement, and temporary construction easement from KCY Development, Inc., a California Corporation, for a portion of the required right of way and easements; and, WHEREAS, The City Council of the City of Temecula hereby desires to accept the Corporation Grant Deed for fight of way, slope easement, and temporary construction easement by KCY Development, Inc., a California Corporation, as attached hereto as Exhibits "A" through "D", but does not desire to accept the fight of way for maintenance purposes at this time. NOW, THEREFORE, BE IT RF. SOLVED, that the City Council of the City of Temecula hereby accepts Corporation Grant Deed by KCY Development, Inc., a California Corporation for right of way, slope easement, and temporary construction purposes for a portion of Pala Road for the purposes of realignment and bridge construction but not for street maintenance purposes at this time. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the llth day of August, 1998. Ron Roberts, Mayor 2 R:L4GDRPTI98i081 liPALAROAD.ROW ATTEST: Susan W. Jones, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the llth day of August, 1998, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk 3 R: tA GDRP"I]98108111PALAROAD. ROW 6/17/986/17/98EXHIBIT ~A" LEC~AL DESCRIPTION FOR ROAD PLrRPOSES BEING PORTIONS OF PARCEL 1 OF PARCEL MAP NO. 11984, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 67, PAGE 87, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL "A" (FEE TITLE) COMMENCING AT THE CENTERLINE INTERSECTION OF PALA ROAD AND STATE HIGHWAY 79 (142.00 FEET WIDE) AS SHOWN ON A RECORD OF SURVEY, FILED IN BOOK 83, PAGES 63 THROUGH 75 INCLUSIVE, OF RECORDS OF SURVEYS, IN THE RECORDER'S OFFICE OF SAID COUNTY, SAID POINT BEING ALSO ON A 1500.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 08°10'04" WEST; THENCE EASTERLY ALONG SAID CURVE AND SAID CENTERLINE OF STATE HIGHWAY 79 THROUGH A CENTRAL ANGLE OF 09°37'35'', A DISTANCE OF 252.02 FEET TO THE BEGINNING OF A 1000.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 79°16'41" WEST; THENCE LEAVING SAID CENTERLINE OF STATE HIGHWAY 79 SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44°41'39'', A DISTA/qCE OF 780.06 FEET; THENCE SOUTH 55°24'59" EAST, 411.15 FEET TO THE BEGINNING OF A 2000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07°54'04'', A DISTANCE OF 275.80 FEET TO THE CENTERLINE OF PkLA ROAD (110.00 FEET WIDE) AS SHOWN ON SAID PARCEL MAP NO. 11984, SAID POINT BEING ALSO ON A 2350.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 26°40'57" EAST; THENCE LEAVING SAID CENTERLINE RAJDIALLY NORTH 26°40'57'' EAST, 55.00 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID PALA ROAD, SAID POINT BEING ALSO ON A 2405.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 26°40'57" EAST, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALQNG SAID CURVE AND SAID NORTHEASTERLY RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 04°08'56", A DISTANCE OF 174.15 FEET TO THE MOST WESTERLY CORNER OF SAID PARCEL 1; 6/18/98 THENCE LEAVING SAID CURVE AND SAID NORTHEASTERLY RIGHT-OF-WAY LINE ALONG THE NORTHERLY LINE OF SAID PARCEL 1 NORTH 83°26'40'' EAST, 22.78 FEET TO A POINT ON A 1945.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 31°15'07" WEST; THENCE LEAVING SAID NORTHERLY LINE OF PARCEL 1 SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°34'10'', A DISTANCE OF 155.11 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 683.25 SQUARE FEET OR 0.016 ACRES, MORE OR LESS. SEE EXHIBIT ~B" ATTACHED HERETO PARCEL "B" SLOPE EASEMENT COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL 1, SAID POINT BEING ALSO ON A 2405.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 22°32'01'' EAST, SAID POINT BEING ALSO ON THE NORTHEASTERLY RIGHT- OF-WAY LINE OF PAiJ~ ROAD (110.00 FEET WIDE) AS SHOWN ON A RECORD OF SURVEY, FILED IN BOOK 83, PAGES 63 THROUGH 75 INCLUSIVE, OF RECORDS OF SURVEYS, IN THE RECORDER'S OFFICE OF SAID COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1 NORTH 83026'40" EAST, 22.78 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ALSO ON A 1945.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 31°15'07" WEST; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 83026'40'' EAST, 18.56 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 68013'30'' EAST, 49.95 FEET; THENCE SOUTH 50053'40'' EAST, 50.94 FEET TO THE BEGINNING OF A 2415.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, A PJUDIAL LINE TO SAID POINT BEARS NORTH 25044'08" EAST, SAID CURVE BEING ALSO CONCENTRIC WITH AND 10.00 FEET NORTHEASTERLY OF SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF PALAROAD; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°21'48'', A DISTA/~CE OF 563.26 FEET TO A LINE BEARING NORTH 04o23'26'' EAST, DESCRIBED AS FOLLOWS: 6/1g/98 BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 1; THENCE NORTH 04023'26" EAST, 431.71 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 1; THENCE ALONG SAID LINE SOUTH 04023'26'' WEST, 12.18 FEET TO SAID SOUTHEASTERLY CORNER OF PARCEL 1, SAID POINT BEING ALSO ON SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF PA.LA ROA/D, SAID POINT BEING ALSO ON A 2405.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 39°15'51" EAST; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 12°34'54'', A DISTANCE OF 528.12 FEET TO THE BEGINNING OF A 1945.00 FOOT RADIUS REVERSE CURVE CONCAVE NORTHEASTERLY, A RA_DIAL LINE TO SAID POINT BEARS SOUTH 26040'57" WEST; THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY LINE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°34'10", A DISTA/qCE OF 155.11 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 7,180.65 SQUARE FEET OR 0,165 ACRES, MORE OR LESS. SEE EXHIBIT ~'C" ATTACHED HERETO PARCEL "C" TEMPORARY CONSTRUCTION EASEMENT BEING A 15.00 FOOT STRIP OF LAND, THE SOUTHWESTERLY LINE OF WHICH IS THE NORTHEASTERLY LINE OF PARCEL "B" AS DESCRIBED HEREIN; THE NORTHEASTERLY LINE OF SAID STRIP OF LAND SF_ALL BE PROLONGED OR SHORTENED NORTHWESTERLY SO AS TO TERMINATE ON SAID NORTHERLY LINE OF PARCEL 1 AND PROLONGED OR SHORTENED SOUTHEASTERLY SO AS TO TERMINATE ON SAID LINE BEARING NORTH 04023'26" EAST AS DESCRIBED IN PARCEL "B" HEREIN; CONTAINING 9,709.95 SQUARE FEET OR 0.223 ACRES, MORE OR LESS. THE /UBOVE DESCRIBED PARCELS ARE SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS, IF ANY OF RECORD. THE ABOVE EASEMENT SRALL TERMINATE AND }{AVE NO EFFECT 30 DAYS AFTER FILING OF A "NOTICE OF COMPLETION" ON THE PALA ROAD BRIDGE IMPROVEMENT PROJECT. SEE EXHIBIT ~D" ATTACHED HERETO 6/18/98 \ \ EXHIBIT "B" 110' EXIST. ROAD EASEMENT PER INST. NO. 180581 REC. ON 5/16/90 [~/hFONG ,;;:1 KIM EXP. ! 2/31/00 · NO. 5928 PROPOSED 110' RIGHT-OF-WAY \\ N 22°32'01' E (R) 83°26 '44:)' E 22. 78' Frans-Pacific Consultants 7447 Enterpr{se Circle West, TernecuW. CA., 92590 .,llS PLAT IS SOL!fLY AN AID IN LOCATING THE PARCLrL(S) DLrSCRIBFD IN THE TTACHED DOCUMENT. IT IS NOT PART OF THE WRITTIEN DESCRIPTION THEREIN. :ALE: 1"= 60' J DRAWN BY TJL DATE 4/06/98 i EXHIBIT TDRIVE\DATA\SURVEY\PALA 1~OAD BRIDGE\BAS, E_MAP\EASEHENTS\RIGHT-DF-VA'f\II01~V C.DVG CIVIL ENGINEERS LAND SURVEYORS. PLANNERS W.O. # SHEET 3 OF 5 FOR ROAD 3-30-91) a, 33,4; o~ PST ¢, \\ EXHIBIT "C" 110' EXIST. ROAD EASEMENT PER/NST. NO. 180581 REC. ON 5/16/90 DATA TABLE DELTA RADIUS 04"34'10" 1945.00' LENGTH ;55. II' 7ANGEN' 77.60 50eS3~zO" iV ('/fiE' op ~A,eC,cL I APN g50-110-032 PARCEL MAP NO, 11984 PM 67/87 EL "B"' / / I I / f', P cL \ \\ \ \ \ / \ \ \ \ / \ Frans-Pacific Consultants C,~L ENGINEERS :7447 Enterprise Circle West. remeculo, CA., 92590 LAND SURVEYORS, PLANNERS -fiS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE t f W.O. FTACHED DOCUMENT. IT IS NOT PART OF THE WRITTEN DESCRIPTION THEREIN. SHEET 4 :ALE: ~"= IO0'IDRAwN BY TJL.DATE4/06/981 SLOPE EASEMENT EXHIBIT TDRIVE\DATA\SURVEy\pALA ROAD BRIDGE\BASE,NAp\EASENENT~\RiGHT,OF,VJ, y,\,~I Rot vvrl n~jm \ \ \ \ \ \ \ \ \ ',, EXHIBIT "D" \ \ \ tI0' EXIST. ROAD EASEMENT PER INSK NO. 180581 \ REC. ON 5/16/90 \ .~. \ '' \ '\ ,,. '' .,,.. ,, \ \ \ \ ~ \\~ 1945' Rj4 N3 O, -- ",.\ /-,vz y u.v~- or ~A~Ce~ I "' :EL "C" \ x 21 / ---. ~ APN 950-110-032 PARCEL MAP NO. 119,.84 , 20 " , , \ ..~ PM 87/..87 · / / \ / / .,:z o, ' ';""" ~EL "B , ''\\ \ / / / \ / tI \ . \ , ,\ ' \\\ \\ \ \ \ \\\ 12 ,,\ \ \ \\ \ \\ \ \\ , / \\ \\ Frans-Paeific Consultants C~L ENGINEERS !7447 Enterprise Circle West, Temecule, CA.. 92590 LAND SURVEYORS, PLANNERS HIS PLAf IS SOtILY AN AIO IN LOCATING THE PARCEL(S) DESCRIBED IN THE I ~ W.O. # TTACHED DOCUMENT. IT IS NOT PART OF THE W~ITTEN DESCRIPTION THEREIN. SHEET 5 OF 5 :ALE: ,~= 100' 10.Aw. a~' rJL °~rE4/06/BaI TEMPORARY CONSTRUCTION TDIR[VEXDATA\SUI~VEy\pALA 120AD BI2IDGE\BASE_ AP\EASEHENTSXI~'IGHT-OF-VAY\TC/_I~YCIDVC ,~-G-9~ 4~Z047 D- EASEMEN] Order No Escrow No. Loan No. WHEN RECORDED MAIL TO City of Temecuia P O. Box 9033 Temecula. California 92589-9033 Attn: City Clerk DOCUMENTARY TRANSFER TAX $ ............................................ Computed on the consideration or vatue of property conveyed; OR Computed on the Consideration or v31ue less liens or encumorances remelnlng at time of Sale. SPACE ABOVE THIS LINE FOR RECORDER'S USE CORPORATION GRANT DEED VALUABLE CONSIDERATION recem[ of wmcn Is nereo.v acKnowledgea. KCY Development, Inc., a California Corporation a corporation orgamzed under the taws of the State of Califorma GRANT to CITY OF TEMECULA, A MUNICIPAL CORPORATION . does hereby the real property ~n the City of: County of RIVERSIDE TEMECULA , State of California, described as follows: See Attached Exhibit "A" (Legal E)escrsptson for Road Purposesl and attacrted plats July 21, 1998 on JUly 21, 1998 be~,e me. f~erionally a~pearee Tad Sl. lh Ch~ng personally known to me (or Oreyea to me on me Dasis of satlstactonf ew~lence) to be the person~l(~ whose name~lll ~s/a~ subscreed to the wqthm mstnJment and acknowleged to me that he/~)l(e/tt~y executed th..m. ,. h,~r,,~,, au,he~.. ca0a~.~l.~,. an. ,..,. their s~qnature on the rostrumera the personIs) or the ent~W upon Detail ' Of which the Dersonl~ acted. executed the mstrument WITNESS my hand a o cial seal Signature S_~:~°~ MAIL TAX T T e Corp. ; Commi.Lsian # I 112584 z zz -a, Notary Pub(it -- California >_z J Los Angeles County ~ _ _ _My Come. _F.2xpires _Sep 29, 2COO KYC-I ~cx:r~ (1/94) 6/17/986/17/98EXHIBIT "A" LEGAL DESCRIPTION FOR ROAD PURPOSES BEING FORTIONS OF PARCEL 1 OF PARCEL MAP NO. 11984, iN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 67, PAGE 87, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL "A" (FEE TITLE) COMMENCING AT THE CENTERLINE iNTERSECTION OF PALA ROAD ~D STATE HIGHWAY 79 (142.00 FEET WIDE) AS SHOWN ON A RECORD DF SUR%rEY, FILED iN BOOK $3, PAGES 63 THROUGH 75 INCLUSIVE, OF RECORDS OF SURVEYS, iN THE RECORDER'S OFFICE OF SAID COUNTY, SAID POINT BEING ALSO ON A 1500.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 08°10'04'' WEST; THENCE EASTERLY ALONG SAID CURVE AND SAID CENTERLINE OF STATE HIGHWAY 79 THROUGH A CENTRAL ANGLE OF 09°37'35'', A DISTA/qCE OF 252.02 FEET TO THE BEGINNING OF A 1000.00 FOOT RADIUS NON-TA/qGENT CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 79°16'41'' WEST; THENCE LEAVING SAID CENTERLINE OF STATE HIGHWAY 79 SOUTHERLY ALONG SAID CURVE THROUGH A CENTi~L ANGLE OF 44°41'39'', A DISTin/qCE OF 780.06 FEET; THENCE SOUTH 55°24'59" EAST, 411.15 FEET TO THE BEGINNING OF A 2000.00 FOOT PADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRilL ANGLE OF 07°54'04'', A DISTA/qCE OF 275.80 FEET TO THE CENTERLINE OF PALA ROAD (110.00 FEET WIDE) AS SHOWN ON SAID PARCEL MAP NO. 11984, SAID POINT BEING ALSO ON A 2350.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY, A P~ADIAL LINE TO SAID POINT BEARS NORTH 26°40'57" EAST; THENCE LEAVING SAID CENTERLINE RADIALLY NORTH 26040'57" EAST, 55.00 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID PALA ROAD, SAID POINT BEING ALSO ON A 2405.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 26°40'57'' EAST, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG SAID CURVE ~D SAID bIORTHEASTERLY RIGHT-OF-WAY LiNE THROUGH A CENTRAL .ANGLE OF 04°08'56'', A DISTANCE OF 174.15 FEET TO THE XOST WESTERLY CORNER OF SAID PARCEL !; 6/18198 THENCE LEAVING SAID CURVE ~=ND SAID NORTHEASTERLY RiGHT-OF-WAY LINE ALONG THE NORTHERLY LINE OF SAID P.z~RCEL i NORTH ~3°26'40'' EAST, 22.78 FEET TO A POINT ON A 1945.00 FOOT PjtDIUS NON-TANGENT CURVE CONCAVE NORTHEASTERLY, A RADIAL LiNE TO SAID POINT BEARS SOUTH 31°15'07'' WEST; THENCE LEAVING SAID NORTHERLY LINE OF PARCEL i SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°34'10'', A DISTANCE OF 155.11 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 683.22 S,QUA_RE FEET OR 0.016 ACRES, t<ORE OR LESS. SEE EXHIBIT "B" ATTACHED HERETO PARCEL "B" SLOPE EASE~IENT COMMENCING AT THE MOST WESTERLY CORNER OF SAID P.A_RCEL 1, SAID POINT BEING ALSO ON A 2405.00 FOOT RAjDIUS NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 22°32'01,, EAST, SAID POINT BEING ALSO ON THE NORTHEASTERLY RIGHT- OF-WAY LINE OF PALA ROAD (110.00 FEET WIDE) AS SHOWN ON A RECORD OF SURVEY, FILED IN BOOK 83, PAGES 63 THROUGH 75 INCLUSIVE, OF RECORDS OF SURVEYS, IN THE RECORDER'S OFFICE OF SAID COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL i NORTH ~3°26'40'' EAST, 22.78 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ALSO ON A 1945.00 FOOT .RADIUS NON-TANGENT CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 31°15'07'' WEST; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 83o26'40" EAST, 18.56 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 68°13'30'' EAST, 49.95 FEET; THENCE SOUTH 50°53'40" EAST, 50.94 FEET TO THE BEGINNING OF A 2415.00 FOOT PADIUS NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 25°44'08'' EAST, SAID CURVE BEING ALSO CONCENTRIC WITH AND 10.00 FEET NORTHEASTERLY OF SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF PALA ROAD; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTtV. L ANGLE OF 13°21'48'', A DISTANCE OF 563.26 FEET TO A LINE BEin3. iNG NORTH 04~23'26'' EAST, DESCRIBED AS FOLLOWS: 6! | ~19 g BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL i; THENCE NORTH .S4°23'26'' EAST, 431.71 FEET TO THE NORTHEASTERLY CORNER OF SAID P~aCEL i; THENCE ALONG SAID LINE SOUTH 04023'26'' WEST, 12.18 FEET TO SAID SOUTHEASTERLY CORNER OF PARCEL 1, SAID POINT BEING ALSO ON SAID NORTHEASTERLY RIGHT-OF-WAY LiNE OF PA_LA ROAD, SAID POINT BEING ALSO ON A 2405.00 FOOT RADIUS CURVE CONCAVtZ SOUTHWESTERLY, A R/U3IAL LINE TO SAID POINT BEARS NORTH 39°15'51'' EAST; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL A~GLE OF 12°34'54'', A DISTANCE OF 528.12 FEET TO THE BEGINNING OF A 1945.00 FOOT P~.DIUS REVERSE CURVE CONCAVE iiORTHEASTERLY, A RADI.n.L LiNE TO SAID POINT BEARS SOUTH 26°40'57'' WEST; THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY LINE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTPAL ANGLE OF 04°34'10'', A DISTANCE OF 155.11 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 7,180.65 SQU/LRE FEET OR 0.165 ACRES, MORE OR LESS. SEE EXHIBIT "C" ATTACHED HERETO PARCEL "C" TEMPORARY CONSTRUCTION EASEMENT BEING A 15.00 FOOT STRIP OF L.n~ND, THE SOUTHWESTERLY LINE OF WHICH IS THE NORTHEASTERLY LiNE OF PARCEL "B" AS DESCRIBED HEREiN; THE NORTHEASTERLY LINE OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED NORTHWESTERLY SO AS TO TERMINATE ON SAID NORTHERLY LINE OF PARCEL 1 AND PROLONGED OR SHORTENED SOUTHEASTERLY SO AS TO TERMINATE ON SAID LINE BEA/~ING NORTH 04°23'26'' EAST AS DESCRIBED IN PARCEL "B" HEREIN; CONTAINING 9,709.95 SQUPaE FEET OR 0.223 ACRES, MORE OR LESS. THE ABOVE DESCRIBED PPaCELS ~aE SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS-OF-WAY .n_ND EASEMENTS, IF ANY OF RECORD. THE ABOVE EASEMENT SHALL TERMINATE kND [~VE NO EFFECT 30 DAYS AFTER FILING OF A "NOTICE OF COMPLETION" ON THE PALA ROAD BRIDGE IMPROVEMENT PROJECT. SEE EXHIBIT "D" ATTACHED HERETO 6118/98 RIGHT OF WAY CONTRACT - CITY HIGHWAY Federal Project Nos. BRRS-W950 BRLS-5949(0003) Gardena, California KCY D~ve] opment, Inc. Grantor Document Nos. KCY-1 in the form of a Deed covering the property more particularly described in the above instrument has been executed and delivered to Marilyn Whisenand, Right of Way Agent for the City of Temecula ("Grantee"). In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. A. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the City of all further obligations or claims on this account, or on account of the location, grade or construction of the proposed public improvement. B. Grantee requires said property described in said Document No. KCY-1 for streets and highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor is compelled to sell, and Grantee is compelled to acquire the property. Both Grantor and Grantee recognize the expense, time, effort and risk to both parties in determining the compensation for the property by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 2. The City shall: A. Pay the undersigned Grantor the sum of $13,200.00 for the property or interest conveyed by above document(s) when title to said property vests in the City free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded) and taxes, except: RIGHT OF WAY CONTRACT - CITY HIGHWAY (cont.) 980611 11086-00094 nlc 1754010.2 0 r:\rea~ysgo\Dradley\ju198\1754010.2 (i) Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow. (ii) Covenants, conditions, restrictions and reservations of record, or contained in the above-referenced document. (iii) Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any. B. Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the City, the premium charged therefor. Said escrow and recording charges shall not, however, include documentary transfer tax. C. Have the authority to deduct and pay from the amount shown on Clause 2.A above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid nondelinquent assessments which have become a lien at the close of escrow. 3. Any or all monies payable under this contract up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s), shall, upon demand(s), be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder, said mortgagee(s) or beneficiary(ies) to furnish Grantor with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust. 4. This transaction will be handled through an escrow with First American Title Company, 3625 14th Street, Riverside, California 92501 and their No. (escrow number). 5. Escrow shall pay the undersigned Grantor the sum of $13,200.00 for the property interests conveyed by the above documents when title to said property vests in the City free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and taxes. RIGHT OF WAY CONTRACT - CITY HIGHWAY (cont.) 980611 11086-00094 nlc 1754010.2 0 ' 2 ' r:\ready~go\braCley\jui98\]754010.2 6. City agrees to indemnify and hold harmless KCY Development, Inc. from any liability arising out of City's operations under this agreement. City further agrees to assume responsibility for any damages proximately caused by reason of City's operations under this agreement and City will, at its option, either repair or pay for such damage. 7. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the City, including the right to remove and dispose of improvements, shall commence on July 30, 1998 or the close of escrow controlling this transaction, whichever occurs first, and that the amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. 8. The duration of the temporary construction easements identified in the documents delivered with this contract shall be September 30, 1998 to March 18, 2000 unless extended by written agreement of the parties, which shall include the City's promise to pay additional compensation calculated on the same basis as that agreed upon by the parties for the original 18-month term of the temporary construction easements. 9. Any or all monies payable under this contract up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s), shall, upon demand(s), be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder, said mortgagee(s) or beneficiary(ies) to furnish Grantor with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust. 10. The seller hereby represents and warrants that during the period of Seller's ownership of the property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the property. Seller further represents and warrants that Seller has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes on, from, or under the property which may have occurred prior to Seller taking title to the property. RIGHT OF WAY CONTRACT - CITY HIGHWAY (cont.) 980611 11086-00094 nlc 1754010.2 0 ' 3 ' r:\ready2go\bradley~,ju198\1754010.2 The acquisition price of the property being acquired in this transaction reflects the fair market value of the property without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. In witness whereof, the parties have executed this agreement the day and year first above written. KCY Development, Inc. By: Grantor ( s ) Recommended for Approval: By: Right of Way Agent Marilyn Whisenand City of Temecula By: Ronald E. Bradley, City Manager NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED. 980611 11086-00094 nlc ]754010.2 0 ' 4 ' r:\read¥_qc\~f3u~ey\ju198\1754010.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Anqeles On July 21, 1998 Date personally appeared Tae before me, Andy Otsuki, Notary Public Name and '~tle of Officer (e.g., "Jane Doe, Notan/Public") Sub Chung Name(s) of Signer(s) [] personally known to me [] proved to me on the basis of satisfactory evidence ~,~e~M,y ANDY OI'SUKI Commission # 1112584 'NOtary Public -- California Los Angeles Counh/ Cornre. Expires 5eD 29, 2000 to be the person~:~') whose name0B9 is/~ie subscribed to the within instrument and acknowledged to me that he/~ll~/tl~y executed the same in his/i'l(r/th,~l? authorized capacity(M), and that by his/htt/th~tTr signature(M on the instrument the person0F)', or the entity upon behalf of which the person(~Y acted, executed the instrument. WITNESS my ha and offi~:l:eal. ~of ~'otary Public OPTIONAL. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another documenL Description of Attached Document 7]tie or Type of Document: Right of Way contract City Highway Document Date: July 91, 1998 Number of Pages: 4 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signers Name: [] Individual [] Corporate Officer Title(s): [] Partner -- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Top of thumb here [] Individual [] Corporate Officer Title(s): [] Partner- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Top of thumb here Signer Is Representing: Signer Is Representing: 1996 National Notary Association · 8236 Reinmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 ITEM 8 CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council Joseph Kicak, Director of Public Works/City Engineer August 11, 1998 SUBJECT: Accept Public Improvements in Parcel Map No. 24085-3 (Located Northwesterly of the Intersection of Diaz Road and Zevo Drive - Avenida de Ventas) PREPARED BY: /4f4/Ronald J. Parks, Deputy Director of Public Works /~ Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council: 1. ACCEPT the Public Improvements in Parcel Map 24085-3 AUTHORIZE reduction in the Faithful Performance security to the warranty amount, and initiation of the one-year warranty period 3. DIRECT the City Clerk to so advise the developer and surety. BACKGROUND: On December 16, 1997, the City Council approved Parcel Map No. 24085- 3 and entered into subdivision improvement agreement with: Westside City I LLC, a California Limited Liability Company for the improvement of streets and drainage, and subdivision monumentation. Accompanying the agreement were cash deposits as follows: In the amount of $99,567 for Faithful Performance for street and drainage improvements. In the amount of $64,438 for Labor and Materials for street and drainage improvements. In the amount of $3,000 for subdivision monumentation. Public Works Staff has inspected and reviewed the public improvements in the field. The Rancho California Water District had previously accepted the water and sewer systems. Therefore Staff recommends acceptance of the public improvements, initiation of the one-year warranty period, and reduction in Faithful Performance amount as follows: In the amount of $63,232 for Faithful Performance Warranty Purposes -1 - r:\agdrpt\98\0811 ~pm240853.acc The remaining Faithful Performance warranty amount for street and drainage improvements will be 936,335. The Labor and Materials security will be retained for the contractual six-month lien period to assure payment for labor and materials claims. In the amount of 964,438 for Labor and Materials for street and drainage improvements. The subdivision monumentation will be reviewed and approved by Public Works Staff and recommended for release of security when appropriate. The streets within this phase of development are being accepted into the City Maintained-Street System by Resolution No. 98- at this time. The streets to be accepted are portions of Remington Avenue and Diaz Road. FISCAL IMPACT: None. ATTACHMENT: Location Map -2- r:%agdrpt\98\0811 \pm240853.acc pARCEL 2 p,NL 6/76 PARCEL I I I °8, , POR. PARC. FJ, I I PARCEL / IVlAp 24086,.2 i P~A~R.C~L 2 ,-/,A.O 0~1'~ \\ _ ,~:arcel Man No. 24085-3 ; ocation Man NOTE: MAPS NOT TO SCALE ITEM 9 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manger/City Council Joseph Kicak, Director of Public Works/City Engineer August 11, 1998 Acceptance of Public Streets into the City Maintained-Street System (Within Parcel Map No. 24085-3 )(Westerly of intersection of Winchester Road at Diaz Road). PREPARED BY: )~ Ronald J. Parks, Deputy Director of Public Works Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM (WITHIN PARCEL MAP NO. 24085-3) BACKGROUND: The City Council approved Parcel Map No. 24085-3 on November 13, 1997, and entered into Subdivision Improvement Agreement for construction of street and drainage, and subdivision monumentation with Westside City 1 LLC, a California Limited Liabilty Company. On August 11, 1998, the City Council accepted the public improvements for Parcel Map No. 24085-3. The public streets now being accepted by this action are portions of Diaz Road and Remington Avenue. FISCAL IMPACT: 8 years. ATTACHMENT: Periodic surface and/or structural maintenance will be required every 5 to Resolution No. 98- with Exhibits "A-B," inclusive R: \AGDRPTX98\0811 \PM240853 .STS RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~ ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM (WITHIN PARCEL MAP NO. ~408~-3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The City Council of the City of Temecula accepted an offer of dedication of certain lots for street and public utility purposes made by Westside City I, LLC a California Limited Liability Company, with the recordation of Parcel Map No. 24085-3; and, WHEREAS, The City of Temecula accepted the improvements within said Parcel Map No. 24085-3 on August 11, 1998. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City Maintained-Street System those streets or portions of streets offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOFrED, by the City Council of the City of Temecula at a regular meeting held on the 1 lth day of August, 1998. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC City Clerk R:\AGDRPTN98\0811\PM240853 .STS [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 1 lth day of August, 1998, by the following vote: AYES: 0 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:XAGDRPT\98\081 IXPM240853 EXI-II~IT "A" TO RESOLUTION NO. 98- Accepting the public streets offered to and accepted by the City of Temecula as indicated on Parcel Maps No. 24085-3, and accepting subject public streets into the City Maintained-Street System as described below: Those lots described as Lots "A" and "B", as shown on Parcel Map No. 24085-3, f'ded 15 November 1996, in Book 190 of Parcel Maps, Pgs 95-97 Incl., further described as follows: Lot "A" Lot "B" Portion of Diaz Road Portion of Remington Avenue R:\AGDRl~98\0811\PM240853 .ST$ EXHIBIT "B" TO RESOLUTION NO. 98 SUBJECT ACCEPTANCE- PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM AS INDICATED BELOW: %\ I FRFNI") , NOTF: MAPS NOT TO SCALF STREETS OR PORTIONS OF STREETS TO BE ACCEPTED INTO CITY MAINTAINED STREET SYSTEM ITEM 10 TO: FROM: DATE: SUBJECT: CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council Joseph Kicak, Director of Public Works/City Engineer August 11, 1998 Accept Substitute Agreement and Securities in Tract No. 23304 (Northerly of Rancho California Road westerly of Humber Street) PREPARED BY: ;~ Ronald J. Parks. Deputy Director of Public Works Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council: 1. ACCEPT the substitute Subdivision Improvement Agreement and Securities in Tract No. 23304. 2. AUTHORIZE an eighteen (18) month extension of time and release the Faithful Performance and Labor and Materials securities on file. 3. AUTHORIZE release of the Subdivision Monumentation security on file. 4.. DIRECT the City Clerk to so notify the developer and sureties. BACKGROUND: On July 10, 1990, the City Council, approved Tract Map No. 23304 and entered into improvement agreements with: IDM Apartments Corporation for the improvement of streets, drainage, and sewer and water systems. Bonds were posted by Pacific States Casualty in the following amounts: 1. Bond No. 4349 for Faithful Performance in the amount of $433,000 ($237,000, $136,500, and $59,000, respectively), for street, drainage, and water and sewer improvements. 2. Bond No. 4349 for Labor and Materials in the amount of $216,500 ($118,750, $68,250, and $29,500, respectively), for street, drainage, and water and sewer improvements. 3. Bond No. 4351 for Subdivision Monumentation in the amount of $1,596. R:IAGDRPT}98i081 11TR23304. SUB The developer, due to economic difficulties, was not able to complete the fronting street improvements prior to design and construction of the Rancho California Road Benefit District widening Project (PW91-03). City and developer formed an agreement whereby the developer paid $103,000 for their portion of the fronting street improvements and the City would reduce the required Faithful Performance securities according to actual work completed and the developer's cash contribution. On March 10, 1992, the City Council authorized reduction of street, water and sewer Faithful Performance bond amount, to the following amount: Bond No. 4349 for Faithful Performance in the amount of $145,250 ($47,000, $68,250, and $29,500, respectively) for street, water and sewer improvements. While site development did not proceed, the developer completed contractual work excepting several items requiring ongoing placement and maintenance such as street trees and street lighting, and some sewer work. These items would be completed when the onsite work began. The developer's legal counsel notified the City that a judge in an unrelated court action had ordered the City to appear at a settlement conference. The judge considered that there was excess "collateral" that could be made available by City bond reduction to pay for settlement in that case. The City Attorney, as the outcome of that matter, presented a staff report to the City Council, recommending acceptance of the public work, excepting the several items discussed above, and reduction in the securities. On February 11, 1997, the City Council accepted the public improvements, excepting fronting street trees and street lights along Rancho California Road, initiated the one-year warranty period, and authorized reduction in the Faithful Performance and Labor and Materials securities to the following amounts: Bond No. 4349 for Faithful Performance in the amount of $26,575 to cover the remaining street trees, street lights, and completion of sewer work Bond No. 4349 for Labor and Materials in the amount of $25,000 to cover the public improvements including remaining street trees, street lights, and completion of sewer work. The purchaser of this site, Temecula 344/AF XV, Ltd. (Van Daele Development Corp., G.P.), has submitted substitute Subdivision Improvement Agreement and securities posted by American Motorists Insurance Company as follows: Bond No. 3SM 914 289 00 for Faithful Performance in the amount of $26,575. Bond No. 3SM 914 289 00 for Labor and Materials in the amount of $25,000 The Subdivision Monumentation has been satisfactorily completed and Staff recommends release of the following security: Pacific States Casualty Bond No. 4351 in the amount of $1,596 for Subdivision Monumentation With acceptance of the substitute securities the following parent developer bonds are also recommended for release: Pacific States Casualty Bond No. 4349 in the amount of $26,575 for Faithful Performance, and Bond No. 4349 in the amount of $25,000 for Labor and Materials. 2 R:IAGDRPTt9810811tTR23304z. SUB The new developer requests an eighteen month construction period, consistent with the contractual provisions, in order to complete the remaining work. The new contractual completion date would be February 11, 2000. FISCAL IMPACT: None ATTACHMENT: Location Map Substitute Subdivision Improvement Agreement and Securities (on File) 3 R: tA GDRPT~ 98t 0811 | TR23304. SUB VICINITY MAP .... ~t~a~t,.~ RANCHO CALIFORNIA ROAD ___ N' Tract No. 23304 Location Map NOTE: MAPS NOT TO SCALE ITEM 11 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council <~Joseph Kicak, Director of Public Works/City Engineer August 11, 1998 Accept In-Tract Public Improvements in Tract No. 24131-3 (NW'Iy of Meadows Parkway at Leena Way) PREPARED BY:~ Ronald J. Parks, Deputy Director of Public Works Albert K. Crisp, Permit Engineer RECOMMENDATION: 1. 2. That the City Council: ACCEPT In-Tract public improvements in Tract No. 24131-3. AUTHORIZE reduction in In-Tract Faithful Performance security amounts to the ten- percent (10%) warranty amount, and initiation of the one-year warranty period. DIRECT the City Clerk to so notify the developer and the surety. BACKGROUND: The City Council approved Tract Map No. 24131-3 on November 28, 1995, and entered into Subdivision Improvement Agreements with the developer, KRDC, Inc. Bonds were posted by the Aetna Casualty & Surety Company as follows: IN-TRACT IMPROVEMENTS-TRACT NO. 94131-3 Bond No. 100869980-05-061 in the amount of $649,000 ($389,000, $66,000, and $128,500 for streets, and water and sewer systems, respectively) for Faithful Performance. Bond No. 100869980-05-061 in the amount of $325,000 ($194,500, $33,000, and $64,500 for streets, and water and sewer systems, respectively) for Labor and Materials· 3. Bond No. 100869980-95-060 in the amount of $22,000 for subdivision monumentation. Eastern Municipal and Rancho California Water Districts have accepted their items of work. Public Works Staff has inspected and verified the In-Tract public improvements. Therefore Staff recommends acceptance of the In-Tract public street, and water and sewer system improvements, initiation of the one-year warranty period, and reduction in Faithful Performance security to the ten-percent (10%) warranty amounts as follows: 1 R:\AGDRPT~98~0811 \TR241 31 3.ACC Bond No. 100869980-05-061 in the amount of $64,900 ($38,900, $6,600, and $12,850 for In-Tract streets, and water and sewer system, respectively) for Faithful Performance Warranty. The In-Tract Labor and Materials securities will be maintained for the contractual six-month lien period which follows City Council acceptance of the In-Tract improvements. The subdivision monumentation is being reviewed by Staff and when satisfactory will be recommended for acceptance by the City Council and for release of the subdivision monumentation security. The affected public streets are being accepted into the City Maintained-Street System by Resolution No. 98- at this time. The streets within the subdivision are Via Jasso, Calle Mataro, Via Cirillo, Corte Astorga, and portions of Calle Avella, and Via Cesario. That portion of Meadows Parkway within the tract boundary will be accepted at such time that a substantial reach of that street is completed and ready for City acceptance and maintenance. INFRASTRUCTURF IMPROVEMFNTS-TRACT NO. 94131-3 The Infrastructure Improvements for a portion of the Paloma Del Sol Development were included in a separate agreement and securities which were submitted to the City Council at the time of the subject final map approval. On December 9, 1997, the City Council accepted the Infrastructure Improvements for the subject Tract No. 24131-3, initiated the one-year warranty period, and authorized reduction in Faithful Performance security amounts to the ten- percent (10%) warranty level. Further action will be recommended to the City Council as appropriate. FISCAL IMPACT: ATTACHMENT: None. Location Map 2 R:\AGDRPT%98~0811 \TR241313.ACC PK'OJECi SITE.," VICINIT~ MAP ,'t~ ~ ,~/ Tract No. 24131-3 Location Map NOTE: MAPS NOT TO SCALE ITEM 12 CITY MANAGER TO', FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Joseph Kicak, Director of Public Works/City Engineer August 11, 1998 Acceptance of Public Streets into the City Maintained-Street System (Within Tract No. 24131-3) (Northwesterly corner of Meadows Parkway at Leena Way) PREPARED BY: ~ RECOMMENDATION: Ronald J. Parks, Deputy Director of Public Works Albert K. Crisp, Permit Engineer That City Council adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM (WITHIN TRACT NO. 24131- 3) BACKGROUND: The City Council approved Tract No. 24131-3 on May 14, 1991, and entered into Subdivision Agreements for construction of street and drainage, and water and sewer system improvements, and subdivision monumentation with KRDC, Inc., a California Corporation. On August 11, 1998. the City Council accepted the public improvements for this tract. The public streets now being accepted by this action are Corte Astorga, Via Jasso, Calle Mataro, Via Cirillo, and portions of Calle Avella, Meadows Parkway, and Via Cesario. FISCAL IMPACT: 8 years. ATTACHMENT: Periodic surface and/or structural maintenance will be required every 5 to Resolution No. 98- with Exhibits "A-B", inclusive. r:\agdrpt\98\0811 \tr241 31 3.sts RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEFrING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINE~STREET SYSTEM (WITHIN TRACT NO. :14131-3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The City Council of the City of Temecula accepted an offer of dedication of certain lots for street and public utility purposes made by KRDC, Inc., a California Corporation, with the recordation of Tract Map No. 24131-3; and, WHEREAS, The City of Temecula accepted the improvements within Tract No 2413 1-3 on August 11, 1998. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City Maintained-Street System those streets or portions of streets offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the llth day of August, 1998. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC City Clerk r:\agdrpt\98~0811 \tr24131 3. as [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the llth day of August, 1998, by the following vote: AYES: 0 NOES: 0 ABSENT: 0 ABSTAIN: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk r:\agdrpt\98\0811 Rr241 31 3.sts EXHIBIT "A" TO RESOLUTION NO. Accepting the public streets offend to and accepted by the City of Temecula as indicated on Tract Map No. 24131-3, and accepting subject public streets into the City Maintained-Street System as described below: Those lots described as Lots "A" through "G" inclusive, as shown on Tract Map No. 24131-3, f'ded 24 May 1991, in Book 232 of Maps, Pgs 57-67 Ind., further described as follows: Lot "A" Lot "B" Lot "C" Lot "D" Lot "E" Lot "F" Lot Portion of Meadows Parkway Via Jasso Calle Mataro Portion of Carte AveHa Portion of Via Cesario Via CiriHo Corte Astorga r:\agdrpt\98\0811 \tr241313.sts EXHIBIT "B" TO RESOLUTION NO. 98 SUBJECT ACCEPTANCE- PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM AS INDICATED BELOW: WCINITY MAP ,% it/ I L NOTF: MAPS NOT TO SCALF STREETS OR PORTIONS OF STREETS TO BE ACCEPTED INTO CITY MAINTAINED STREET SYSTEM ITEM 13 APPROVAl ~ CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT TO,' FROM: DATE: City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer August 11, 1998 SUBJECT: No. 26861-1. (Southwesterly of intersection of Margarita Highway 79 S) PREPARED BY: I~f Ronald J. Parks, Deputy Director of Public Works ~ Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council Release Faithful Performance and Labor and Materials Securities in Tract Road at AUTHORIZE release of the Faithful Performance Warranty and Labor and Materials securities for public and private improvements in Tract No 26861-1. 2. DIRECT the City Clerk to so advise the developer and surety. BACKGROUND: The City Council approved Tract Map No. 26861-1 on December 10, 1991, and entered into Subdivision Improvement Agreement with: The Presley Companies 15010 Avenue of Science, Suite 201 San Diego, CA 92128 for the improvement of streets and drainage and water systems, and survey monuments. The original bonds on file were furnished by American Motorists Insurance Company. Substitute bonds were later furnished by The American Insurance Company and accepted by City Council on February 23, 1993· The new bonds posted were as follows: Bond No. 111 1925 7209 in the amount of $41,000 for streets/drainage for faithful performance. Bond No. 111 1925 7209 in the amount of $63,000 for water system for faithful performance. Bond No. 111 1925 7209 in the amounts of $20,500 and $31,500 for streets/drainage and water improvements, respectively, for labor and materials. 4. Bond No. 111 1925 7191 in the amount of $9,500 for subdivision monuments· R:\AGDRFI~98\0811\TR268611 .FNL On April 8, 1997, the City Council accepted the public improvements and acknowledged the private improvements, initiated the one-year warranty period, and authorized release of the subdivision monumentation, and reduction in Faithful Performance security to the ten-percent (10%) warranty level as follows: Streets/Drainage Water System Bond No. 111 1925 7209 $4,100 Bond No. 111 1925 7209 6.300 Total= $10,400 The one-year warranty period having passed, Public Works Staff has reviewed and verified that all required replacements/repairs have been satisfactorily completed. Therefore, Staff recommends release of the following securities: Streets/Drainage Water System Bond No. 111 1925 7209 $4,100 Bond No. 111 1925 7209 6.300 Total= $10,400 The developer is required to post security to assure the payment of labor and materials to suppliers. The contractual six-month lien period commences with the City Council's acceptance or acknowledgment of the improvements. The six-month period having run and no claims for either labor or materials having been made, Staff recommends release of the following securities: Bond No's 111 3301 9510, 111 3301 9502, and 111 3301 9494 in the amounts of $33,000, $14,000, and $9,000, respectively, for Labor and Materials The affected public street within the subdivision, a portion of Country Glen Way, was accepted into the City Maintained-Street System by Resolution No. 97-33. The private streets; portions of "Chelsea Way", "Asbury Place", "Clover Lane", and "Briarwood Place"; will not be accepted into the City Street-Maintained System. FISCAL IMPACT: None ATTACHMENT: Location Map R: \AGDRP~98\0811 \TR268611 .FNL VICiLi IT"'/ N Tract No. ?-6861-1 I ,OCatiOn Map NOTF.: MAPS NOT TO SCAI,E ITEM 14 CITY MANAGER ,,~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Joseph Kicak, Director of Public Works/City Engineer August 11, 1998 Release Faithful Performance securities for certain improvements in Tract No. 26861-3.(Southwesterly of intersection of Highway 79 S at Margarita Road) PREPARED BY:~/Ronald J. Parks, Deputy Director of Public Works Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE release of the Faithful Performance Warranty securities for certain improvements including private streets and drainage, and water and sewer systems in Tract No. 26861-3. 2. DIRECT the City Clerk to so notify the developer and surety. BACKGROUND: On January 12, 1993, the City Council approved Final Vesting Tract Map No. 26861-3 and entered into subdivision agreements with: The Presley Companies 15010 Avenue of Science, Suite 201 San Diego, CA 92128 for the improvement of private streets and drainage, and water and sewer systems, and survey FRonuments, The bonds on file were furnished by The American Insurance Company as follows: Bond No. 111 3301 9460 in the amount of $70,500 for private streets/drainage for faithful performance. Bond No. 111 3301 9478 in the amount of $37,500 for private water system for faithful performance. Bond No. 111 3301 9486 in the amount of $28,000 for private sewer system for faithful performance. Bond No. 111 2720 0472 in the amount of $660 for subdivision monumentation. R:~AGDRPT\98\08 11\TR268613 .FIN Bond No's 111 3301 9460, 111 3301 9478, and 111 3301 9486 in the amounts of 935,500, 919,000, and 914,000 for private streets/drainage, water and sewer systems, respectively, for labor and materials. On March 25, 1997, the City Council acknowledged completion of the private street and drainage, and water and sewer system, initiated the one-year warranty period, and authorized release of the subdivision monumentation security, and reduction of the faithful performance security amounts to the ten-percent (10%) warranty level as follows: Private streets/drainage Private water system Private sewer system Bond No. 111 3301 9460 Bond No. 111 3301 9478 Bond No. 111 3301 9486 97,050 3,750 2,800 On October 28, 1997, the City Council accepted the following Maintenance Bonds (Warranty Bonds) in substitution for the original bonds on file: Streets & Drainage Improvements Water Improvements Sewer Improvements Bond No. 111 3301 9460-M Bond No. 111 3301 9478-M Bond No. 111 3301 9486-M 97,050 93,750 92,800 At that same meeting, the City Council authorized the release of the Labor and Material securities as no claims had been made for either labor or materials within the contractual six- month lien period following City Council acknowledgment/acceptance of the contractual improvements. Public Works Staff has inspected and verified the several improvements and any required repairs/replacements have been satisfactorily completed. Therefore Staff recommends the release of the Faithful Performance Warranty securities as follows: Streets & Drainage Improvements Water Improvements Sewer Improvements Bond No. 111 3301 9460-M Bond No. 111 3301 9478-M Bond No. 111 3301 9486-M 97,050 93,750 92,800 The affected streets are private streets and will not be accepted into the City Maintained-Street System. The private streets within this condominium subdivision are portions of "Arbor Lane" and "Chelsea Way". FISCAL IMPACT: None ATTACHMENTS: Vicinity Map 2 R:~AGDRPT~98\0811\TR268613 .FIN 7~ 'S'c4 L' E ~.'~ F'~Y. VIClkl ITY ~P t,K;rT TO SCALE TRACT NO. 26861-3 Location Map ITEM 15 APPROVAL CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Joseph Kicak, Director of Public Works/City Engineer August 11, 1998 Release Faithful Performance Warranty securities for certain improvements in Tract No. 26861-F (Southwesterly of intersection of Margarita Road at Highway 79 S) PREPARED BY: ~;~Ronald J. Parks, Deputy Director of Public Works Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council: 1. AUTHORIZE release of Faithful Performance Warranty securities for certain improvements in Tract No. 26867-F. DIRECT the City Clerk to so advise the developer and surety. BACKGROUND: On September 28, 1993, the City Council approved Final Vesting Tract Map No. 26861-F, and entered into subdivision agreements with: The Presley Companies 15010 Avenue of Science, Suite 201 San Diego, CA 92128 for the improvement of private street and sewer and water systems, and survey monuments. Bonds assuring this work were posted by The American Insurance Company as follows: 1. Bond No. 111 3301 9510 in the amount of $65,500 for the improvement of private streets. 2. Bond No. 111 3301 9502 in the amount of $28,000 for the improvement of private water system. 3. Bond No. 111 3301 9494 in the amount of $18,000 for the improvement of private sewer system. 4. Bond No's 111 3301 9510, 111 3301, 9502, and 111 3301 9494 in the amounts of $33,000, $14,000, and $9,000, respectively, for labor and materials for private streets, and water and sewer systems. R:~AGDRPT~98\0811 \TR26861 F.FIN 5. Bond No. 111 2720 0480 in the amount of $1,056 for subdivision monumentation. On April 8, 1997, the City Council acknowledged the completion of private streets, drainage. and water and sewer system improvement, initiated the one-year warranty period, and authorized release of the subdivision monumentation security, and the reduction of the Faithful Performance securities to the ten-percent (10%) warranty amounts as follows: Private streets/Drainage Private water system Private sewer system Bond No. 111 3301 9494 Bond No. 111 3301 9502 Bond No. 111 3301 9510 $6,550 2,800 1.800 Total = $11,150 On October 28, 1997, the City Council accepted the following Maintenance Bonds (Warranty Bonds) in substitution for the original bonds on file: Streets & Drainage Improvements Water Improvements Sewer Improvements Bond No. 111 3301 9494-M Bond No. 111 3301 9502-M Bond No. 111 3301 9510-M $6,550 $2,800 $1,800 Total = $11,150 At that same meeting the City Council authorized the release of the Labor and Materials securities as no claims had been made for either labor or materials within the contractual six- months lien period following City Council acknowledgment/acceptance of the contractual improvements. Public Works Staff has inspected and verified the several improvements and all required repairs/replacements have been satisfactorily completed. Therefore Staff recommends the release of the following Faithful Performance Warranty securities: Streets & Drainage Improvements Water Improvements Sewer Improvements Bond No. 111 3301 9494-M Bond No. 111 3301 9502-M Bond No. 111 3301 9510-M $6,550 $2,800 $1.800 Total = $11,150 The affected streets are private streets and will not be accepted into the City Maintained-Street System. The private streets within this condominium subdivision are "Heather Way" and portions of "Clover Lane" and "Arbor Lane". FISCAL IMPACT: ATTACHMENT: None Location Map 2 R:~AGDRFr~98\0811 \TR26861F.FIN 7'~ S'c4t., VICI~ IT'Y lv~P TRACT NO. 26861-F Location Map ITEM 16 ORDINANCE NO. 98-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY, PRE-ZONING THE AREAS KNOWN AS THE REDHAWK AND VAIL RANCH SPECIFIC PLANS AS PART OF PLANNING APPLICATION NO. PA98-0205 ESTABLISHING ZONING FOR THIS AREA AS SPECIFIC PLAN THAT IS SUBSTANTIALLY IN THE FORM ATTACHED TO THIS ORDINANCE AS EXHIBIT A. THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. The zoning classification shown on the attached exhibit (Exhibit A) is hereby approved and ratified as part of the Official Land Use map for the City of Temecula as adopted by the City and as may be amended hereafter from time to time by the City Council of the City of Temecula, and the City of Temecula Officia 1 Zoning Map is amended by placing in affect the zoning designation "Specific Plan" as described in this Ordinance and Planning Application 98-0205 and in the above title, and as shown on zoning map attached hereto and incorporated herein. Section 2. Findings. A. The City Council in adopting said ordinance, makes the following findings: 1. The proposed Pre-Zoning will not have a significant adverse effect on the environment, as determined in the Initial Study for this project. No immediate impacts to the environment will result from the establishment of zoning for this property. Impacts from future development can be mitigated to a level less than significant. 2. 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 bee n previously disturbed and rough graded in the past, and street improvements installed on site. There are none of the standard indicators (obligate species) that might suggest that there are wetlands on site. The site does not serve as a migration corridor. A DeMinimus impact finding can be made for this project. R:Ords\98-13 1 3. The proposed Pre-Zoning is consistent with the goals, policies and implementation programs contained in the General Plan. The designations established by the General Plan reflect the zoning designations within the Redhawk and Vail Ranch Specific Plans. 4. The site of the proposed Pre-Zoning is suitable to accommodate all the land uses currently permitted in the proposed zoning district due to the fact that the site is of adequate size and shape for any proposed use. 5. Adequate access exists to the proposed site of the Pre-Zoning. Access to the project is currently being provided at Highway 79 (S) from Redhawk Parkway and Butter field Stage Road, and Pala Road at Wolf Valley Road. 6. Said findings are supported by analysis, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. Section 3. The City Council in approving the certification of the Negative Declaration of environmental impact under the provisions of the California Environmental Quality Act, specifically finds that the approval of this Pre-Zoning will have a DeMinimis impact on fish and wildlife resources. The City Council specifically finds that in consider ing the record as a whole, the project involves no potential adverse effect, either individually or cumulatively, on wildlife as the same is defined in Section 711.2 of the Fish and Game Code. This is based on the fact that this action will not change any of the development activities that have previously been constructed or are currently under construction. Furthermore, the City Council finds that an initial study has been prepared by the City Staff and considered by the Planning Commission which has been the basis to evaluate the potential for adverse impact on the environment and forms the basis for the City Council's determination, including the information contained in the public hearing records, on which a Negative Declaration of environmental impact was issued and this Di minimis finding is made. In addition, the City Council finds that there is no evidence before the City that the proposed project will have any potential for an adverse effect on wildlife resources, or the habitat on which the wildlife depends. Finally, the City Council finds that the City has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in 14 California Code of Regulations 753.5(d). Section 4. The areas identified in Exhibit "A" are hereby pre-zoned Specific Plan (SP) [the Redhawk Specific Plan Area will be designated "SP 9" and the Vail Ranch Specific Plan area will be designated "SP 10"] to become effective upon annexation to the City of Temecula. Section 5. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of 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, R:Ords\98-13 2 and post the same in the office of the City Clerk. PASSED, APPROVED, AND ADOFrED, by the City Council of the City of Temecula this 1 lth day of August, 1998. Ron Roberrs, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) ss CITY OF TEMECULA I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 98-13 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of July, 1998, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 1 lth day of August, 1998, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R: Ords\98-13 3 CITY OF TEMECULA "Specific Plan" Zoning - SP 9 "Specific Plan" Zoning - SP 10 CASE NO. - PA98-0205 EXHIBIT- A ZONING MAP R:\STAFFRPT\205PA98.CC 7/20/98 jd ITEM 17 ORDINANCE NO. 98-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING PORTIONS OF THE CITY'S DEVELOPMENT CODE PERTMNING TO SIDE YARD REQUIREMENTS FOR SHOPPING CENTERS, HEIGHTS OF ACCESSORY STRUCTURES IN THE HR, VL, L-1 AND L-2 ZONES, REGULATIONS FOR TEMPORARY CONSTRUCTION TRAILERS IN RESIDENTIAL ZONES, CLARIFYING SIDE YARD STORAGE FOR VEHICLES, RELOCATING THE MOTORCYCLE PARKING SPACE DIMENSIONS FROM SECTION 17.24.050.A. TO SECTION 17.24.040.G.3 (ADDED), REQUIREMENTS FOR WHEEL STOPS IN COMMERCIAL ZONES, MODIFYING SECTION 17.16.070 OF THE DEVELOPMENT CODE, DELETING PALA VILLAGE FROM THE LIST OF SPECIFIC PLANS, AND AMENDING THE ZONING MAP FOR PROPERTIES IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 914-811- 001, 914-811-002, 914-811-003, 914-811-004, 914-811-005, 914- 811-006, 914-811-007, 914-812.001, 914-812-002, 914-812-003 AND 914-812-004 FROM VL (VERY-LOW DENSITY RESIDENTIAL .2-.4 DWELLING UNITS PER ACRE) TO LM (LOW-MEDIUM DENSITY RESIDENTIAL 3-6 DWELLING UNITS PER ACRE), ASSESSOR'S PARCEL NUMBERS 921- 090-038 AND 921-090-039) FROM H (HIGH DENSITY RESIDENTIAL) TO LM (LOW-MEDIUM DENSITY RESIDENTIAL 3-6 DWELLING UNITS PER ACRE), ASSESSOR'S PARCEL NUMBERS 944-331-001 THROUGH 944-331-025) FROM SP- SPECIFIC PLAN (A PART OF THE RANCHO HIGHLANDS SPECIFIC PLAN) TO H (HIGH DENSITY RESIDENTIAL 13-20 DWELLING UNITS PER ACRE) AND RE-ASSIGNING NUMBERS (SP-1 THROUGH SP-8) TO THE VARIOUS SPECIFIC PLANS WITHIN THE CITY. WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the General Plan; WHEREAS, on January 25, 1995, the City of Temecula City Council adopted the City's Development Code; WHEREAS, the City has identified a need to amend portions of the Development Code and the Zoning Map; R:ords.98-14 I WHEREAS, notice of the proposed Ordinance was posted at City Hall, the County Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce; WHEREAS, the Planning Commission considered Planning Application No. PA98-0109 (Zoning Amendments - Development Code and Zoning Map), on May 20, 1998, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing, and after due consideration of the testimony, the Commission recommended approval of Planning Application No. PA98-0109 (Zoning Amendments - Development Code and Zoning Map); and WHEREAS, the City Council considered Planning Application No. PA98-0109 (Zoning Amendments - Development Code and Zoning Map), on July 14, 1998, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Findings. That the Temecula City Council hereby makes the following findings: A. That Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by cities to implement such general plan as may be in effect in any such city; B. That there is a need to amend the Development Code to protect the public health, safety and welfare; and ordinances. That this Ordinance complies with all applicable requirements of State law and local Section 2. Section 17.16.070 (Approved Specific Plans) of the Development Code is hereby amended to read as follows: "SP-1 Roripaugh Estates SP-2 Rancho Highlands SP-3 Margarita Village SP-4 Paloma del Sol SP-5 Old Town SP-6 Campos Verdes R:ords.98-14 2 SP-7 Temecula Regional Center SP-8 Westside Specific Plan" Section 3. Tables 17.08.040. A. (Development Standards Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or Industrial/Business Parks) and 17.08.040.B (Development Standards Commercial/Office/Industrial Districts for a Development on a Separate Lot) of the Development Code are hereby amended to have a zero (0) foot interior side yard requirement for the NC, CC, HT, SC and PO land use designations. Section 4. Section 17.06.050. D. 2 (Accessory Structures and Uses) of the Development Code is hereby amended to read as follows: "Height. Accessory structures shall not exceed the maximum height allowed for the zone, if located in the HR, VL, L-1 and L-2 zones." Section 5. Table 17.06.030 (Table - Residential Districts) of the Development Code is hereby amended include construction trailers as a permitted use in all residential zones, under the non-residential subsection of Table 17.06.030. Section 6. Table 17.06.030: of the Development Code is hereby amended to include Footnote No. 5 to read as follows: "5. The Community Development Director shall have the discretion to waive submittal of an Administrative Development Plan if it is determined that the Construction Trailer will not have an adverse impact on adjacent residences or businesses." Section 7. Footnote No. 3 of Table 17.06.040 (Development Standards - Residential Standards) of the Development Code is hereby amended to read as follows: "In the LM zoning district, the combined side yard setback for both sides must equal at least fifteen feet with one side having at least ten feet to provide potential vehicular access to the rear of the property and shall be located on the same side as the driveway." Section 8. Section 17.24.040.G.3 (Motorcycle Spaces) of the Development Code is hereby added to read as follows: "Motorcycle spaces shall have a minimum dimension of at least four (4) feet in width and seven (7) feet in length and shall be accessed by a drive aisle at least (8) feet in width. Section 9. The last sentence of Section 17.24.050.A (Parking Space Dimensions) of the Development Code which reads as follows: "Motorcycle spaces shall have a minimum dimension of at least four (4) feet in width and seven (7) feet in length and shall be accessed by a drive aisle at least (8) feet in width" is hereby deleted. Section 10. Section 17.24.050.K (Parking Facility Layout and Dimensions) of the Development Code is hereby added to read as follows: "Wheel Stops. Securely fixed wheel stops, at least six (6) inches in height shall be placed to prevent vehicles from overhanging a public right - of-way, a pedestrian walkway which would not meet handicapped accessibility requirements, and R:ords.98-14 3 adjacent to walls, fences and buildings." Section 11. Enviromnental. An Initial Study prepared for this project indicates that although the proposed project will not have a significant impact on the environment, and a Negative Declaration, therefore, is hereby granted. Section 12. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or Section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 13. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. PASSED, APPROVED, AND ADOFrED, by the City Council of the City of Temecula this 1 lth day of August, 1998. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:ords.98-14 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE) ss CITY OF TEMECULA I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 98-14 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of July, 1998, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 1 lth day of August, by the following roll call vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS Susan W. Jones, CMC City Clerk R:ords.98-14 5 ITEM 18 ORDINANCE 98-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE REGARDING THE PRIMA FACIE SPEED LIMIT ON 1) AMARITA WAY BETWEEN PIO PICO ROAD AND MC CABE ROAD 2) MONTELEGRO WAY BETWEEN PIO PICO ROAD AND MC CABE ROAD 3) NICOLAS ROAD BETWEEN WINCHESTER ROAD AND VIA LOBO 4) LA PAZ STREET BETWEEN YNEZ ROAD AND HIGHWAY 79 SOUTH THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, The City of Temecula finds and determines that from time to time it is necessary to add or modify existing prima facie speed limits within the City for certain streets, or parts of streets. WHEREAS, the City conducts engineering and traffic surveys on its roadways in order to determine the appropriate speed limit; WHEREAS, the engineering and traffic surveys on the segments of roadways designated in this Ordinance indicate that the following speed limits be established given the engineering and traffic studies. SECTION 1. Section 10.28.010(d) of the Temecula Municipal Code is hereby amended as follows to modify the declared prima facie speed limits only on the following streets: "Name of Street and Portion Affected Declared Prima Facie Speed Limit. Miles Per Hour Amarita Way between Pio Pico Road and McCabe Road 40 Montelegro Way between Pio Pico Road and McCabe Road 40 Nicolas Road between Winchester Road and Via Lobo 45 R:Ords.98-15 I La Paz Street between Ynez Road and Highway 79 South 35 Except as specifically set forth in this Section 1, all other provisions of Section 10.28.010(d) shall remain in full force and effect. SECTION 2. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. SECTION 5. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED AND ADOFrED this 1 lth day of August, 1998. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:Ords.98-15 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 98-15 was dully introduced and placed upon its first reading at a regular meeting of the City Council on the 281h day of July, 1998 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 1 lth day of August, 1998, by the following vote: AYES: 0 COUNCILMEMBERS: None NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susan W. Jones, CMC City Clerk R:Ords.98-15 3 TEMECULA COMMUNITY SERVICES DISTRICT ITEM I MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JULY 14, 1998 A regular meeting of the City of Temecula Community Services District was called to order at 7:48 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairman 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 City Clerk Jones. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Minutes 1.1 Approve the minutes of June 16, 1998. 2. Release of Landssape Bond in the Rancho Highlands Development (northwest corner of Ynez Road and Preece Lane) 2.1 Authorize the City Clerk to exonerate the remaining landscape bonds for TCSD slope maintenance areas in Tract No. 22761. 3. Ratification of Election Results - Tract No. 21818 3.1 Adopt a resolution entitled: RESOLUTION NO. CSD 98-15 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON JUNE 26, 1998 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW minutes. CSD\071498 I 4. Ratification of Election Results - Tract No. 25892 4.1 Adopt a resolution entitled: RESOLUTION NO. CSD 98-16 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON JUNE 26, 1998 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW m Landscape Maintenance Contract with California Landscape Maintenance. Inc. for FY 1998-99 5.1 Approve contract amendment in the amount of $8,700 with California Landscape Maintenance, Inc., to provide landscape maintenance services for the additional landscaped area of the Presley Development (S-13) for FY 1998-99; 5.2 Authorize the expenditure of funds in the amount of 9402,516 to cover FY 1998-99 contract with California Landscape Maintenance, Inc., to provide landscape maintenance services for sports park, slopes (south), medians, and City facilities. (Consent Calendar Item No. 5 was removed by staff.) 6. Landscape Maintenance Contract with Excel Landscape. Inc. for FY 1998-99 6.1 Approve contract amendment of 91,272 with Excel Landscape, Inc., to provide landscape maintenance services for the Via Eduardo Street Scape (SS-1) for FY 1998-99; 6.2 Authorize the expenditure of funds in the amount of 9214,560 to cover FY 1998-99 contract with Excel Landscape, Inc., to provide landscape maintenance services for neighborhood parks/streetscapes and slopes (north). MOTION: Director Lindemans moved to approve Consent Calendar Item Nos. 1 - 6 (removing Consent Calendar Item No. 5). The motion was seconded by Director Roberts and voice vote reflected unanimous approval. PUBLIC HEARING 7. Proposed Residential Street Lighting Fee - Tract No. 23583 7.1 Adopt a resolution entitled: minutes. CSD\071498 2 RESOLUTION NO. CSD 98- 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 AUGUST 28, 1998, FOR PROPERTY OWNERS OF LOTS 1-21 WITHIN TRACT NO. 23583 TO ESTABLISH SERVICE LEVEL B RATES AND CHARGES BEGINNING FISCAL YEAR 1999-00 PURSUANT TO ARTICLE XIIID, SECTION 6 OF THE CALIFORNIA CONSTITUTION 7.2 Approve the Election Notice, Ballot, and Procedures for the Completion, Return and Tabulation of the Ballots; 7.3 Authorize staff to mail the ballots to the affected property owners pursuant to the aforementioned process. (Agenda Item No. 7 was continued off calendar.) DISTRICT BUSINESS Agreement for Joint Use of the Tennis Courts at the Temecula Valley High School 8.1 Approve a substantial form, final form to be approved by City Manager and the City Attorney, the agreement between the City of Temecula and the Temecula Valley Unified School district (TVUSD) for joint use of the tennis courts at the Temecula Valley High School; 8.2 Authorize the preparation of construction documents and release of a formal public bid for the TVHS Tennis Court Lighting Project. Community Services Director Parker presented the staff report (of record), advising that the courts will be open during evening hours. Ms. Christine Lang, 34590 Capitol Street, Member of USTA League, relayed her support of staff's recommendation and expressed her desire with expanding the proposed joint usage with Chaparral High School. MOTION: Director Lindemans moved to concur with the staff recommendation. The motion was seconded by Director Comerchero and voice vote reflected unanimous approval. DIRECTOR OF COMMUNITY SERVICES REPORT Community Services Director Parker commented on the Fourth of July festivities and extended staff appreciation to the residents for their support of the Fourth of July Parade and fireworks. minutes .CSD\071498 3 GENERAL MANAGER'S REPORT General Manager Bradley thanked and extended special recognition to Community Services Director Parker and Recreation Coordinator Huter for their efforts associated with making the Fourth of July festivities another success. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 7:55 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, July 28, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeffrey E. Stone, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] minutes. CSD\071498 4 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JULY 28, 1998 A regular meeting of the City of Temecula Community Services District was called to order at 7:43 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairman Stone presiding. ROLL CALL PRESENT: 4 DIRECTORS: Comerchero, Ford, Roberrs, and Stone. ABSENT: 1 DIRECTORS: Lindemans. Also present were Acting General Manager Kicak, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Minutes 1.1 Approve the minutes of June 23, 1998. Landscape Maintenance Contract with California Landscape Maintenance, Inc, for FY1998-99 2.1 Authorize the expenditure of funds in the amount of $53,014 to cover FY1998-99 contract with California Landscape Maintenance, Inc. to provide landscape maintenance services for City facilities, medians, slopes (south) and sports parks for a seven-week period; 2.2 Approve contract amendment in the amount of $1 , 171 with California Landscape Maintenance, Inc. to provide landscape maintenance services for the additional landscaped area of Presley Development (S-13) for the first seven weeks of FY1998-99. 3. Landscape Maintenance Contract Amendment with Excel Landscape for FY1998-99 3.1 Approve a contract amendment in the amount of ~389, 157 with Excel Landscape to provide landscape maintenance services for additional landscaped areas for FY1998-99. minutes. CSD\072898 1 MOTION: Director Roberts moved to approve Consent Calendar Item Nos. I - 3. The motion was seconded by Director Ford and voice vote reflected unanimous approval with the exception of Director Lindemans who was absent. DEPARTMENTAL REPORT No additional comments. DIRECTOR OF COMMUNITY SERVICES REPORT No comments. GENERAL MANAGER'S REPORT No comments. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 7:44 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, August 11, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeffrey E. Stone, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] minutes. CS D\072898 2 ITEM 2 APPROV.,~f~ CITY ATTORNEY DIRECTOR OF FINAN'~,E CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors _Herman D. Parker, Director of Community Services August 11, 1998 Reduction of Landscape Bonds - The Presley Companies (Highway 79 South, between Avenida de Missions and Country Glen Way) PREPARED BY: RECOMMENDATION: ~,~Beryl Yasinosky, Development Services Analyst That the Board of Directors: Authorize the reduction of the Landscape Improvement Bonds for Tract No. 23267-4 and 23267-5 to a 10% warranty amount of 93,200 - The Presley Companies. Authorize the reduction of the Landscape Improvement Bonds for Tract No. 26861 to a 10% warranty amount of 92,863 - The Presley Companies. 3. Direct the Secretary/City Clerk to notify the Developer and the Surety. BACKGROUND: Landscape/Erosion Control Agreements and Surety Bonds for the above referenced development were originally posted with the County of Riverside Building and Safety Department by: The Presley Companies 15010 Avenue of Science San Diego, CA 92128 On March 23, 1993, the Board of Directors authorized the acceptance of replacement bonds from the developer. The Surety Bonds were issued by American Motorists Insurance Company and are identified as follows: 1. Tract No. 23267-4,-5: Bond No. 111 1925 6961 in the amount of 932,000. 2. Tract No. 26861: Bond No. 111 1925 6979 in the amount of 9114,500. Due to substantial completion of the landscaping within Tract No. 26861, the Board of Directors authorized the reduction of the bond amount to 25% of the original bond amount, or 928,625 on May 13, 1997. r:\yasinobk\presley .war 081198 On June 16, 1998, the Board of Directors accepted the landscaped parkway along Highway 79 South into the TCSD maintenance program beginning Fiscal Year 1998-99. The landscaping has been improved to the satisfaction of the TCSD Maintenance Superintendent. Therefore, staff is recommending that the aforementioned faithful performance bonds be reduced to a 10% warranty bond amount as follows: Tract No. 23267-4, -5; Tract No. 2686 i: Bond No. 111 1925 6961 in the amount of $3,200. Bond No. 111 1925 6979 in the amount of 92,863. The remaining warranty bond amounts shall be retained for a period of one year or until any claims filed during the warranty period have been settled. FISCAL IMPACT: None. ATTACHMENTS: 1. 2. Site/Location Map. Copies of Landscape Bonds. r:\ynainobk\presley.war 081198 CiTY OF TI=MECULA SUBDIVISION FAITHFUL PERFORMANCE BOND BOND #1tl 1925 6961 EROSION-LANDSCAPE PREMIUM $288.00 WHEREAS, the City of Temecula, State of California, and THE PRESLEY COEBA~IES thereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , t9 , and identified as Project Tract #23267-4 & 5 , iS hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the agreement to furnish a bond for the Faithful performance of the agreement, NOWTHEREFORE, wethe Principal and THE AMERICAN INSURANCE COMPANY as Surety, 8re held and firmly bound unto the City of Temecula, California in the penal sum of $ 32,000.00 lawful money of the United States, for the payment of such sum wejJ and truly to be made, we bind ourseJves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation will become null and void if the above-bounded Principal, his or its heirs, executors, administz:~ors, successors, or assigns, shah in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified; and in all respects according to his or their true intent and meaning, and shatl indemnify and save harmless the City of Temecula, its officers, agents and employees, as therein stipulated; otherwise, this obligation shall be and remain in futi force and effec"c. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shatl be inctuded costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as casts and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, aReration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in' anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specificationS. BND-003 1 08/14/90 CITY OF TEMECULA SUBDIVISION FAITHFUL PERFORMANCE BOND P'~le 2 CertificaTe of Acknowledgemenu ST, gE OF CALIFORNIA ) Cou_n~ of Or~.nge j Kathleen Viodes On January 21, 1993 before me. personaiIy appeared VicEoria M. CampbeLl personally known co me ( ~ .... _ ' ' co be The person(s) whose naxae(s) is/are subscribed to the within instrument and acknowledged to me r. ha~]~.Jshe. zXl~ e_xec._':ed the same in 2{~her/Mtf~ authorized cap. aciU/(ies), and thac by ~qher/lZ]]~ signature(s) on the insu-ument the person(s), or r. he ~i~y upon behalf of whick me person(s) acted, execu,.zd the msu'ument. WITNESS ' ' . Signature mY~7~) ]60772-6-g i (Seal) ~ OFFICIAL SEAL KATHLEEN VIODES FR]NCIPAL OFFICE IN ORANGE COUNTy j MY COMMISSION LXPIRES I~ AY 4 1994 STATE OF CALIFORNIA } SS. COUNTY OF SAN DIEGO } /- , before me, Nan ., a Nota / Public in and for said State, personally appeared e,=, ,,'ld P. Nord~,,,cn and John. H. Nabors, Jr., personally known to me (or proved on the basis of satisfactory evidence) to be the persons who executed the within instrument as $h--Viee Preskknt and Vice President on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolutjon of its Board of Directors. IN WITNESS THEREOF, I have hereunto sat my hand and affixed my official saal, in and for said County and State, the day and year first above written. FOR NOTARIAL STAMP Signature ~ ~LJ 0_~ My commission exp~ ' GENERAL ?OW'5~ OF .4XTORNgY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY. a Corl:K~ration incor'~rat~t under the Laws of the State of New Jersey on February 20. 1846. an~t redom~UcateU to the State of NebrasKa on June 1, 1990, and having its pnncipaj office in the City of Omaha, State of Nebra~lta, 'na~ made. "onstitutect and apl~mntea. and does by the~e pr~enu make, constitute and aVpoim ---VICTORIA M. CAMimBELL--- % ma ~ ~n~, und~g, r~[i~n~ or other ~ttcn o~Uo~ in the na~c ther~f and to bind t. he Corl:x3rarion thereby a.s fully and to the same extent as if such bonds w~e signed by the Pr~sidaK, seak-d with the corporate seal of u~xe G0rporation and duly axte~i by its 5ecr~,ary, hereby ranlying and confmmng all thax the said Anorney(s)-in-Faa my do in the premise. This pow~ of artorae/is grantea Vursuant to Article VII. Sectior~ 45 and 46 o f By-laws of THE AMERICAN INSURANCE COMPANY now in full forc~ and eff~::t. ' Ankle VII. AOpoizstmeat add A uthority oaf Resident Secret. tries. A ttoraeys-ia-F~ct sad Agents to accept I.,eg~ Pror=~ add Mac Appe~r~,ces. Section ~5. AOpoiatme~t. The Charman of the Board of Directors, the Pr~ideat, sn~ Vice-Pr~s'ideat or any other ~rson authorUt~ by the Board of Dh'ectors, the C_.haUrmau of me Bo=rtl ot Dirt, ctors, the President of =ny Vic,~President may, from time to tim~ agpomt Resident Assastant 5e,:rtuwies and Afio~My~4n-F-a to tel}resent and sa for -rid on behalf of the C. orl:~ormtion and Agents :o mcceOt legal Dro~tss amt maka s09earsacta for and on befitIt of the Corporation. Section 46. Aut. borRy. The !uthority of such Resident As.sLsx~nt Secretaries, AttoraeTs-4n-F-ct mad Agents sh~tl bets prescribed in the instrument evidencing their ap.oomtmenL Any suda appointment and til authorit7 granted thereby may be re~nked at any ume by the Board of Direczon or by any person em powered to mfke suctl ippomtmeat:' This power of anorney is signed and scaled under and by the authority of the following P. cso[uti,an adopted by the Board of Directors of THE AMER/CAN [NSURANC'Z COMP.adq'Y at a me=nag duly caj/eU and hekt on the 3 1st day oi July, 1984. and sa/d Rcsotutjon has not barn amended or rcr..a/ed: "RF_5OLYED, that the signature of any Vice-President. Assistant Secretary, and Resident Assistant Secraary of this Corporation. and the seal o~ this C~rporaUon may bc affixcot or pnnted on any power of attorney, on any revocation of any pow~ of attorney, or on any cad flute retaung thereto. by facsLmi/e. and any power of attorney. any revocation oC any power of auorney. or ccrUficate beanng such farmmile signature or fac~mile seal shajl be valid and binding upon the Corporation:' IN WITNESS WHEREOF. THE AMERICAN INSURANCE. COMPANY has caused these presenu to be signed by its Vicc-PT=sident. and its corporate sea/to 1st ~yof June . ~9 90 be hereunto affu~ed this STATE OF CALLFOR. NIA COUNTY OF ~N By THE AMERICAN INSURANCE COMPANY Illll!llllllllll4&il~llHIIIIIftllITIItlllfll~flfl'lll~lllll · ! OFFICIAL SF, a,L = J. M. YANDEVORT :- NOIARY PUBLIC- CALIFORNIA i:'t"inc~t Office in Mann C,~n~ Mf Clafm~issi~1 ~Jllim Auq. 2,8, 1~92 STAT~ OF CAi,tFOR.NL4. COUNTY OF MARIN I. the undera~gned, Re~idenr Asshtant Sec~eury ofTHE~CA~ I'NSURANCE COMPAh'Y, a NEBRASKA C.m-ggra~on, DO HEREBY CERTLF'Y that the foregoing and av. ac~ed POWER OF ATTORNEY remains in full force and has not be~ revoked: and furthermor~ ~aat Article VII. Sa~ions 45 and 46 o f the By-law~ of the Corporation, and the R~soiution of the Boaxd of DLreaon; sa forth in the Power of AnorneT, a~ now in fora:. Signed and sealed at the County of Mann. Dated the 2 1 S t cLay of January . t9 93 . 3607ll-TA-6-90 tREY) CITY OF TEMECULA SUBDIVISION FAITHFUL PERFORMANCE BOND EROSION-LANDSCAPE BOND #111 1925 6979 PREMIUM $1,031.00 WHEREAS, the City of Temecula, State of California, and THE PRESLEY COMPANIES {heroinafter designated as "Principal't) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 , and identified as Project Tract ~;23299 (superceded by TR#26861) , is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the agreement to furnish a bond for the Faithful performance of the agreement, NOWTHEREFORE, we the Principal and THE AMERICAN INSURANCE COMPANY as Surety, are held'and firmly bound unto the C]ty of TemecuJa, California in the penal sum of S 114,500.00 lawful money of the United States, for the payment of such sum wail and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation will become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shah in all things stand to, abide by, watt and truly keep, and perform the covenants, conditions, and provisions in the agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents and employees, as therein stipulated; otherwise, this obligation shah be and remain in full force and effect. As a pan of the obligation secured hereby and in addition to the face amount specified therefore, there shail be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications acD=mpanying the same shall in .anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specification½. BN'D-O03 1 08/14/90 C)'i'Y OF TEMECULA SUBDIVISION FAITHFUL PERFORMANCE BOND Page 2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on January 21, , 19 93 Certificate of Acknowledgemenc STATE OF CALIFORNIA Counr~ of Orm nge 0n January ?1, 10qq pemonaHy appeared before me, Kathleen Viedes Victoria M. Campbell k pemonaHy known co me ( . ' ....... _ ) to be the person(s) whose name(is) isYare subscribed to the w~thin msu'tLmenc and acknowledged to me cha~xl)r~/sheJ3F,.elr executed the same m Xi~/her/ff~kE authomzed capacity(lee), and thac by )li~'her/1ZxXl~ si~nacu.re(s} on the inscn~nemc the pemon(s), or the entity upon behalf of which the person(s} acied, executed the mscttment. ~~~Zd (Se~) APPROVED AS TO FORM: : ~ KATHLEEN VIODES : ORANGE COUNTy ! t',lY CO2. t',i SS ON EXPIRES ;,tAY 4 1994 STATE OF CALIFORNIA ' } COUNTY OF SAN DIEGO } SS. o. " , before me, Nancy.J. Webb, a Notary Public in and for said State, personaJly appeared ~ ~ Net'g, efffan and John H. Nabors. Jr., personally known to me (or proved on the basis of satisfactory evidence) to be the pemons who executed bhe within instrument as ~ 4;Zr4f.ide. m and Vice President on behalf of the corporation therein named and acknowledged to me ~a~ such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. IN WITNESS THEREOF, I have hereunto set my hand and affixed my officiaJ seal, in and for said County and State, the day and year first above written. FOR NOTARIAL STAMP GENERAL POWER OF ~G'rORr~ETZ THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: ,'That THE AMERICAN INSURANCE COMPANY. a Corporation incorporated under the laws o( the State of New Jersey on Fe0ruary 20, 1846, ann reaom~sticated to the State of Nebraska on June 1, 1990. anti having its pnncipsj office in the City or' Omaha, State of Nebraslca, has made, constituted and aVpmnted, and does by thee pre~ents make, cotstatute and appoint ---VICTORIA M. CAMPBELL--- and all bonds, undertaking, recognizznc~ or other written obligations in the nature thereof and to bind the CorVoration darec0y a.s fully and to the same extent as if such bonds wrec signed by the President. sealed ,adth the corporate seal of the Corporation and duly attested by its Secular, hereby ratifying anti con fwrmng all that dac said Atlorncy(s)-in-Faa my do in the premmes. This powe~ of attorney is granted pursuant to Articte VII, Seenbus t5 and 46 of By4aws of THE AMERICAN INSURANCE COMPANY now in full for~e and el fed. " A,,'tide VI]. Appointment ~nd Authority of Resident .Secretaries. Attorneys-in-Fact and Agents (o accept Legll Proa~ ~z3d Make Appe~ntncgs. Section 45, AppointmulL The Chairman of the Board of Direclors, the Pr~ident, any Yic~-Prts'ideut or iny other person autl~rj2td by the Board of Dfteaors, the C.h~,rman of the Board of Director~, tile Primdent or an)' Vice-President my, from time to time, appoint Residual AssL~llnt Set'xt'la~es and AllorneyHn-Fact to r~pr~ent and act for xnd on behsdf of the CorOoratiou gad Agenui to Kc~pt legs, i proc~ and make aOpe~a'~.nees for and on behalf of the Corporation. ,Sec~eu 46. A ut~odty. The authority of such Residual A.ssist~nt Secretaries, Attorneys-in-Fact and Agen/~ shill be s_~ pr~scribed in the inslrument evidencing thee appointment. Any such appointmeat and all luthorily grinted therub)' ma)' be r~volted at any time by the Board of DL,'etlors of by !ny person empowered to ml.ke such appointment/' This power of attorney is signed and sealed under and by the authority of the/'oilowing Resoiuden adopted by the Board of Directors of THE AMERICAN fNSURANCE COMPANY at a meeung duly called and held on the 3 lit day of July, 1994, and s~ud Resolution has not been amended or repealed: "R.ESOLV'ED, that the signature of any Vice-President, .-Lssistnnt Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixeel or pnnted on any power of attorney, on any revocation of any power of attorney, or on any c~.Ifkate reidtag thereto, by fac_sh:mle, and any power of attorney, any revocaUon of any power of attorney, or ce~ificate bearing such facsimje signature or fac-~imi!e seal shall be valid and binciing upon the Corporation:' IN WITN'ESS Wh~R.EOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed, by its Vice-President" and its corI:)orate seal to 1st dayof June , [9 90 be hereunto affixed this ~-,:F STATE OF CALLFO R.NIA COUNTY OF .MARIN By THE AMERICAf'{ INSURANCE COMPANY R. D. Farnswonh Outhis 1 qr c~.yof THn~= , t9 Q.q , before me l:~r~onaj. lycame to me know~, who, bemg by me duly sworn, did det:n2se a.nci say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, due Corporauo~ described in and which executed the above instrument: that he knows me seal of said Corporation: mat the seal a.ff'~xed to the sa~d instrument is such corporate seal; that it was so a/f~xed by order of the Boaxd of Dh'ectors of said CorporaGon and that he signed his nnme thereto by ~ke order. ~ I2q ~ WH]EREOE I have hereunto set my hand and affbxed my official seal, the day and year herein fun above written, OFFICIAL SEAL :, L AI. YANDEYORT' --,'= NOTARY PUBLIC- CALIFORNIA ~, PT~.~al Office in Mann Co~n~F : C~O~ COUN'FY OF MARIN the undenngned. Resident .~ ,~ant ~ of ~ ~~ ~S~ CO~ a NEB ~ Colon. ~ ~BY ~R~H mt me for~oing nd a~ PO~ OF A~~ r~ m f~ for~ ~d ~ no( ~ r~ok~: ~d f~o~ ~ ~de ~I~ ~o~ 45 ~d ~ of ~e ay4a~ of ~e ~n~on, ~d ~e g~iu~on of ~e ~d of ~o5; ~ fo~ m me Pow~ of Attom~, ~ now m fo~. Signed an{t. se:alexl at the County of Marre. Da~ed the 21st dayof January . t9 93 5667ll-TA-6-90 (RE¥I ITEM 3 TO; FROM: ~/~ DATE: SUBJECT: GENERAL MANAGER :~ CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT Board of Directors Ronald E. Bradley, General Manager August 11, 1998 Completion and Acceptance of the ADA Improvement Project (Project No. PW97-09CSD) PREPARED BY: ~)t-lerman Parker, Director of Community Services ~b~/illiam G.I Hughes, Senior Engineer - Capital Projects Steve Charette, Assistant Engineer - Capital Projects RECOMMENDATION: That the City Council accept the construction of the ADA Improvement Project (Project No. PW97-09CSD), as complete and direct the City Clerk to: File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract, and Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. BACKGROUND: On October 7, 1997, the Board of Directors awarded a contract for the construction of the ADA Improvement Project (Project No. PW97-09CSD), to Mod Craft, Inc. for $230,941.57. The project consisted of retrofitting four City parks to meet ADA standards and provide a recreational experience for people with disabilities. The improvements were installed at the following four parks: Veteran's, Calle Aragon, John Magee and the Rancho California Sports Park. Improvements included sidewalks, access ramps, pedestrian bridge, play equipment and surfacing, picnic tables and drinking fountains. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Community Services. The construction retention for this project will be released on or about thirty-five (35) days after the Notice of Completion has been recorded. FISCAL IMPACT: The contract amount for this project was $230,941.57· Contract Change Orders No. 1 and No. 2 were approved by the General Manager and the Board of Directors in the amount of ~28,237.95. The ADA Improvement Project was funded by a Community Development Block Grant and Developer Impact Fees· r:\agdrpt\98\0811 \pw97-09.acc ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit r: \agdrpt\98\0811 \pw97-09. acc RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 43200 Business Park Drive P.O. Box 9033 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 92589-9033. 3. A Contract was awarded by the City of Temecula to: Mod Craft, Inc. to perform the following work of improvement: PW97-09CSD, ADA Improvement Project 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Community Services 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 August 11, 1998. That upon said contract the Employers Insurance of Wausau, A Mutual Company was surety for the bond given by 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: Assessor's Parcels No. 945-050-006 6. The street address of said property is: 30875 Rancho Vista Road Dated at Temecula, California, this 1 lth day of Auoust. 1998. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Susan W. Jones, CMC, City Clerk I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 1 lth day of Auaust. 1998. SUSAN W. JONES, CMC, City Clerk r:\cip\projects~pw97\pw97-Ogxnoc CITY OF TEMECULA. PUBLIC WORKS DEPARTMENT MAINTENANCE BOND Bond Number: 2050-27-056863 PROJECT NO. PIiV97-OgCSD Premium Included In Performanc. ADA IMPROVEMENT PROJECT Bond. KNOW ALL PERSONS BY THESE PRESENTS THAT: Mod Craft, Inc. 1730 Production Circle Riverside California 92509 NAME AND ADDRESS OF CONTRACTOR Corporation , hereinafter called Principal, and /fill in whether a Corpormt~on, Paftnershil~ of individumll Em loyers Insurance of Wausau A Mutual Company 80~ S. Fi~ueroa Street, Suite 850 Los AnReles California 90017-2573 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 Twe_nty-Three Thousand Ninety Four Dollars *****~***~,****************************** DOLLARS and"' i6/lb0*******_**** CENTS ($ 25 ,094. 16 ********* ) in lawful money of the United States. said sum being not less than ten percent (10~| ~ 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 7th day of October . 19 97 , a copy of which is hereto attached and made a part hereof for the construction o4 PROJECT NO. PW97-OgCSD. ADA IMPROVEMENT PROJECT. WHEREAS. said Contract provides that the Principal will furnish · bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job. by the OWNER. ageins1 all defects in workmanship and materials which may become apparent during said period; and WHEREAS. the said Contracl has been completed, and was approved on August 11 , 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 defacEire materials were furnished thereunder. then this obligation shall remain in full force and virtue. otherwise this instrument shall be void. MAINTENANCE IOND M-1 R:~.CNRIMOJECTE%PWe?%JsWI?-OI~BI)IPECI Signed and sealed this 22n___~d day of July , 19 ~8. (Seal) Employers Insurnace of Wausau' A Mutual Company SURETY ~j~/~T~ Karen M. Adcock (Name) Attorney-In-Fact (Title) APPROVEO AS TO FORM: Peter M. Thorson, City Attorney B?:~4Inc' ,-~ George Q. McNeil {Name) Controller (Title) By: (Name) (Title) MAINTENANC:E iON0 M-2 R:t, CI~P~OJEC1~FNVI7~IeNI7-OI~BI)Sle~-~C:~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On July 22, 1998 Date personally appeared before me, S .L. Kyseth Name and Title of Officer (e,g,, "Jane Doe, Notary Public') Karen M. Adcock Name(s) of Signer(s) [Z~0ersonally known to me [] 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. OPTIONAL ~.ry ..b,~ J Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Maintenance Bond Document Date: July 22, 1998 Number of Pages: 3 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Karen M. Adcock Signer's Name: [] Individual [] Corporate Officer Title(s): [] Partner -- [] Limited [] General ~ Attorney-in-Fact [] Trustee [] Guardian or Conservator ~ [] Other: Top of thumb here [] Individual [] Corporate Officer Title(s): [] Partner- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator ~ [] Other: Top of thumb here SignerIs Representing: Employers Insurance of Wausau A Mutual Company Signer Is Representing: 1996 National Notary Association · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 No. 220-105- 001 INSURANCE OF A Mutual Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company. a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon, State of Wisconsin. has made. constituted and appointed. and does by these presents make, constitute and appoint John C. Austin, Judith K. Austin, Karen M. Adcock its true and lawfu~ attorney-in-fact. with full power and authority hereby conferred in its name, place and stead. to execute, seal acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRIq'FEN OBLIGATIONS IN THE NATURETHEREOF not to exceed the penal sum of ten million dollars ($10,000, o00). and to hind the corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney-in-fact may d~ in the premises. This power .f attorney is granted pursuant to the following resolution adopted by the Board ofl)irectors of said Company at a meeting duly called and held on the 18th day of May, 1973. which resolution is still in effect: "RESOI.VEI). that the President and any Vice President -- elective or appointive -- of EMPLOYERS INSURANCE OF WAUSAU A Mutual Cnmpany be. and that each of them hereby is. authorized to execute powers of attorney qualifying the att,rney named in the given power of attorney tn execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company bonds. undertakings and all contracts of suretyship; and that any secretary or assistant secretary be. and that each or' any of them hereby is. authorized to attest the execution of any such power of attorney, and to attach therein the seal ,f EMPLOYERS INSURANCE OF WAUSAU A Mutual Company." "FURTHER RESOI.VEI). that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company may be affixed tn any such power of attnrney ,r to any certificate relating thereto by facsimile. and any such pnwer ,f attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the EMPI.OYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect tn any bond. undertaking or contract of suretyship to which it is attached." IN WITNESS WHEREOF. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be signed by the vice president and attested by its assislant secretary, and ils corporate seal to be hereto affixed this 1 S t day of ADril ,19 97 EMPLOYERS INSURANCE OF WAUSAU A Mutual Company By ste/man//~' J. Stephen Ryan Vice Presidenl Attest: / ~ ~ _ R. J. B Assistant Secretary STATE OF WISCONSIN ) ) ss. COUNTY OF MARATHON ) Onthis 1St dayof ADril .1997 , before me personally came J. Stephen Ryaa · to me known, who being by me duly swom, did depose and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCorapany, the corporation described in and which executed the above inslmment; that he knows the seal of said corporation; that the seal affixed to said insn'ument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hcrcuntn set my hand and affixed my official seal the day and year herein first above written. STATF; ()F WIS('()NSIN } CITY ()b' WAUSAU ) ss. ('()IINTY OF MARATHON ) Patricia A. Herdina NOTARY PUBLIC STATE OF WISCONSIN MY COM]VIISSION EXPIRES MAY 24, 1998 CERTIFICATE Notary Public I. the undersigned. assistunt secretary of EMPIX)YERS INSURANCE OF WAUSAU A Mutual Company. a Wisconsin <'-rp-rati.n.d. herebv certify that the foregoing and attached power of attorney. WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK. remains in full force and has nnt been rew~ked: and furtherre,re that the resoluti,n of the B,ard ,fl)irectors set fi}rth in the power of attorney is still in force. Signed and sealed in the City of Wausau. Marathon County. State of Wisconsin. this 2 2rid nf July .19~ day R, J. Besteman ~. ,y Assistant Secretary NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VAI,II)ITY OR WORDING OF THIS POWER OF A~'r()RNEY. ('ALl, TOIA, FREE (8{}0) $26-1661. <IN WISCONSIN. CAI,I, (80{)) 472-0041 ). [Thursday JuLy 30, 1~98 11:35ae -- From #90968/,9050~ -- Page 07/30/98 14:48 ];A~ 9096849050 CONST. OFFICE ~002 CITY OF TEMECULA, PUBUC WORKS DEPARTMENT CONTRACTOR'S AFRDAVTF AND RNAL RELEASE PROJECT NO. PW'97..OgCSD ADA IMPROVEMENT PROJECT This is to certify that Nod Craft, Zuc. , (hereinafter the "CONTRACTOR') declares to the City of Temecula, under oath, that heishern has paid in full for all materials, wi~ies, tabor, services, tools, equipment, Nsd all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in ~:uax~tion to the execut~n of it's contract with the C~y of Temecda, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PVV97-09CSD, ADA IBN~OVEMENT PROJECT, situated in the Oty of Temecula, Sam of California, more parti~ndarly desuibed as follows: PROJECT NO. PW97~)9CSD, ADA IMPROVEMENT PROJECT The CONTRACTOR declares that it knows of no unpaid debts or chime arising out of aid Contract which would con~dte grounds for any third party to claim a Stop Node against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract. the CONTRACTOR hereby disputes the following amounts: Dollar Amount ~o Dispute ihn~mant to Coat~a~tual $?~.9:7 96 ~t~ --t IUZ, Ketent~on lmayments. ~ ~ to h tel~e~ ~ fete Jot of ~nt ft~ t~ ~ o~ ~~ ~t to ~k ~m ~ t72~. t~ CO~~OR do~ hereby ~lly ~ a~ a~ ~ ~ d T~b ~ ~ ~; a~ ~p/e of ~ ~, ~d e~ of ~e, ~ ~Y and all dais, debt, dema~, or ~ue of a~ion whi~ ~i~ or might ~ in ~vor of ~e CONT~OR by m~ of payment by ~e Q~ of Teme~i of any ~nta~ ;ount whi~ ~e COndOR h~ ~t ~;~ed a~ve. Dated: July 28, 1998 George Q. HcNetl, Controller Print Name and Title .N ,, RL~FASE R-I ~ 7g ' REDEVELOPMENT AGENCY ITEM I MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JULY 14, 1998 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:55 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 MEMBERS: None. Also present were Executive Director Bradley, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Minutes 1.1 Approve the minutes of June 16, 1998. MOTION: Agency Member Stone moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Comerchero and voice vote reflected unanimous approval. At this time, the City Council reconvened. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING Agency Member Stone advised that he would be abstaining with regard to these Items. It was the consensus of the City Council/Redevelopment Agency that Public Hearing Item Nos. 2 and 3 be considered together. 2. Disposition and Development Agreement and Ground Lease for the North Pujol Redevelopment Project 2.1 That the City Council adopt a resolution entitled: minutes. RDA\071498 1 RESOLUTION NO. 98-63 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., DATED AS OF JULY 1, 1998, AND THAT CERTAIN GROUND LEASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND TEMECULA GARDENS, L.P., DATED AS OF JULY 1, 1998, FOR THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN REDEVELOPMENT PROJECT NO. I -- 1988 2.2 That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 98-11 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., EACH DATED AS OF JULY 1, 1998, FOR THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN REDEVELOPMENT PROJECT NO. 1--1988 Adoption of a Resolution Authorizing the Borrowing and Lending of Funds for the Purpose of Financing a Multi-Family Residential Rental Project 3.1 Adopt a resolution entitled: RESOLUTION NO. RDA 98-12 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING THE BORROWING AND LENDING OF FUNDS BY THE AGENCY FOR THE PURPOSE OF FINANCING THE ACQUISITION, REHABILITATION AND CONSTRUCTION OF A MULTI-FAMILY RESIDENTIAL RENTAL PROJECT, AND APPROVING RELATED DOCUMENTS AND ACTIONS Housing and Redevelopment Manager Meyer presented the staff report (as per agenda material). At this time, Mayor Roberts invited public input. minutes. RDA\071498 2 Mr. James Silverwood, 200 E. Washington Avenue, #208, Escondido, President of Affirmed Housing Group, developer of Temecula Gardens, L.P., requested the Councilmembers' support of the proposed recommendation. Commenting on the complexity of this project, Mr. Silverwood extended appreciation to City staff for their associated efforts. At this time, Mayor Roberts closed the public hearing. Although City Council/staff discussion, this evening, may appear limited to the public, Councilman Comerchero commented on the amount of time and work that has been put forth by Council and staff with regard to this matter. MOTION: Councilmember/Agency Member Lindemans, seconded by Councilmember/Agency Member Ford, moved to concur with the staff recommendation for Public Hearing Item Nos. 2 and 3. Voice vote on the motion reflected unanimous approval with the exception of Councilmember/Agency Member Stone who abstained. At this time, City Council recessed. AGENCY BUSINESS Acquisition of a Note for Property located at 28545 Front Street (APN 922-036-031) for the Affordable Housing Program 4.1 Adopt a resolution entitled: RESOLUTION NO. RDA 98-13 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED NOTE PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS NOTE PURCHASE AGREEMENT FOR ACQUISITION OF A NOTE FOR CERTAIN REAL PROPERTY LOCATED AT 28545 FRONT STREET (APN 922-036-031 ) IN THE CITY OF TEMECULA Housing and Redevelopment Manager Meyer presented the staff report (of record). City Attorney Thorson noted that the proposed resolution will be amended to reflect the correct title of Note Purchase Agreement. MOTION: Agency Member Roberts moved to concur with the staff recommendation. The motion was seconded by Agency Member Comerchero and voice vote reflected unanimous approval with the exception of Agency Member Stone who abstained. minutes. RDA\071498 3 EXECUTIVE DIRECTOR'S REPORT No comments. AGENCY MEMBERS' REPORTS No comments. ADJOURNMENT At 8:02 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, July 28, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Karel Lindemans, Chairman ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] minutes. RDA\071498 4 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JULY 28, 1998 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:44 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Vice Chairman Ford presiding. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Roberts, Stone, and Ford. ABSENT: 1 AGENCY MEMBERS: Lindemans. Also present were Acting Executive Director Kicak, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Minutes 1.1 Approve the minutes of June 23, 1998. MOTION: Agency Member Comerchero moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Stone and voice vote reflected unanimous approval with the exception of Agency Member Lindemans who was absent. At this time, the City Council reconvened. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BUSINESS Agency Member Stone advised that he would be abstaining with regard to this Item. 2. Old Town Construction and Promotion 2.1 Appropriate $30,000 for the projects selected to augment the Old Town Streetscape project budget for mitigation of the impacts of this project on the merchants and general public. Management Analyst Adams reviewed the staff report (of record), advising that, as per the City Attorney, the $1,000 give-a-way raffle has been eliminated from the mitigation efforts. minutes .RDA\072898 1 Mr. Ed Dool, Temecula Stage Stop, relayed his support of staff's recommendation. Commenting on the City Council's responsibility to ensure the survival of the existing merchants during the Old Town streetscape construction period, Agency Member Comerchero elaborated on the proposed mitigation measures and the associated costs, noting that the proposed cost has been reduced from the original cost; and encouraged the public to shop Old Town. Echoing Agency Member Comerchero's comments, Agency Member Ford encouraged the public to visit Old Town and to be a part of the history-making process. MOTION: Agency Member Comerchero moved to approve the staff recommendation. The motion was seconded by Agency Member Ford and voice vote reflected unanimous approval with the exception of Agency Member Lindemans who was absent and Agency Member Stone who abstained. At this time, City Council recessed. DEPARTMENTAL REPORT No additional comments. EXECUTIVE DIRECTOR'S REPORT NO Comments. AGENCY MEMBERS' REPORTS No comments. minutes. RDA\072898 2 ADJOURNMENT At 7:54 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, August 11, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Karel Lindemans, Chairman ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] minutes. RDA\072898 3 ITEM 2 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/Redevelopment Agency Joseph Kicak, Director of Public Works/City Engineer August 11, 1998 Transportation in Old Town Temecula- People Mover Program PREPARED BY: Aaron Adams, Management Analyst RECOMMENDATION: That the City Council consider allocating funds and providing staff direction on the proposed transportation program to assist Old Town during construction. BACKGROUND: During one of the first Old Town Monday Night Merchant Meetings, the subject of equipping Old Town Temecula with a trolley system/People Mover was brought up. Through ongoing discussions with merchants, this concept has evolved and is now being presented for City Council consideration as a temporary solution to enhance pedestrian access to store fronts during construction. Staff has worked in conjunction with merchants in researching the various options and modes of public transportation available. After a thorough investigation of eight companies, including the Del Mar Fair and the California Motor Speedway, staff has developed a matrix (Attachment A) that best represents our findings and outlines the various costs associated with each option. As the attachment outlines, the most cost effective thorough coverage on a trial basis is a combination of Option 1 and Option 2. These options utilizes a City-owned electric golf cart during the week and operation of a horse drawn trolley for weekend service. For Monday through Friday service, a project employee could be staffed at the Transportation Center on an "on-call" basis to provide shuttle service. For weekend service, a contract can be negotiated for the use of a horse drawn trolley which has been utilized in previous Old Town promotions and has been a very popular attraction for visitors and children. The idea of moving people from parking lot to parking lot through and around construction during the Streetscape Improvements could potentially become a permanent service for Old Town visitors and locals alike. Option 3 involves the purchase or lease of a "golf-cart style limousine", which can transport 8- 10 people. This gas-powered vehicle can be made street legal for operation and can be used on a one week trial basis at no charge should the City Council want to assess the need for such a vehicle. Options 4-8 include the purchase or lease of various styles of trams and buses. Should the City Council elect to purchase or lease such a vehicle, the City would be responsible for additional costs including maintenance, operations, and insurance. Whatever direction City Council chooses to take, it is staffs recommendation that a one month trial period be instituted to assess the need versus the cost of the program. FISCAL IMPACT: None of the options presented are currently included in the 1998-99 budget, therefore, based on City Council action, an appropriation will be required from the General Fund Unappropriated Reserve, Attachment A The proposed hours of operation for such a people-mover service would be Monday through Friday, 10:00am-5:00pm and weekends from 11:00am to 5:00pro. People-Mover Options for Old Town Temecula Option 1 Monday-Friday 10am-5pm Vehicle City Golf Cart (4 people) Staff Person as Operator w/cell phone Weekly Total 1-Month Total Purchase $6-8/hr $280.00 $1,120.00 Rental Option 2 Saturday/Sunday 11 am-5pm Horse Drawn Carriage Classic Carriages (20 people) Weekly Total 1-Month Total $75-100/hr $1,200.00 $4,800.00 Option 3 Monday-Friday 10am-5pm Resort Villager XL (Golf cart style limousine 8-10 people) Staff Person as Operator w/cell phone Weekly Total 1-Month Total $9,000 $6-8/hr S9,280.00 $10,120.00 $2,200/month lease $830.00 $3,320.00 Option 4 Saturday/Sunday Riverside Transit Authority (RTA) weekends only. Weekly Total 1-Month Total $540.00 $2,160.00 $45/hr $540.00 $2,160.00 Option 5 Mini-Tram (11 passenger) Tram Trailer (12 passenger) *not including: maintenance, operator, insurance $9,500 $5,300 Option 6 Bus Tram (37 passenger open/30 passenger enclosed) *not including: maintenance, operator, insurance $28,000 $2,200/month lease Option 7 San Francisco Style Used Trolley *not including: maintenance, operator, insurance $55,000 $3,000/month lease Attachment A Option 8 Tramstar Coach power unit (20 people) Trailing Units (28 people) *not including: maintenance, operator, insurance $85,000 $45,500 WINCHESTER HILLS FINANCING AUTHORITY ITEM I MINUTES OF A REGULAR MEETING OF THE TEMECULA WINCHESTER HILLS FINANCING AUTHORITY JULY 28, 1998 A regular meeting of the City of Temecula Winchester Hills Financing Authority was called to order at 7:54 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairman Comerchero presiding. PRESENT: 4 AUTHORITY MEMBERS: ABSENT: 1 AUTHORITY MEMBER: Ford, Roberrs, Stone, and Comerchero. Lindemans. Also present were Acting Executive Director Kicak, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Minutes 1.1 Approve the minutes of July 14, 1998. MOTION: Authority Member Stone moved to approve Consent Calendar Item No. 1. The motion was seconded by Authority Member Ford and voice vote reflected unanimous approval with the exception of Authority Member Lindemans who was absent. AUTHORITY BUSINESS 2. Authorization of Special Tax Levy in Community Facilities District No. 98-1 (Winchester Hills) 2.1 Adopt a resolution entitled: RESOLUTION NO. WHFA 98-12 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) Assistant Finance Director McDermott presented the staff report (of record), clarifying that the monies saved, this year, as a result of the refinancing will be ~165,000. Minutes.WH FA~D72898 1 Temecula Winchester Hills Financing Authoritv 072898 Although the delinquency rate in Assessment District 1 61 is high, Mr. McDermott, for Authority Member Stone, noted that staff will review the possibility of refinancing AD 161. MOTION: Authority Member Stone moved to adopt Resolution No. WHFA 98-12. The motion was seconded by Authority Member Roberrs and voice vote reflected unanimous approval with the exception of Authority Member Ford who abstained and Authority Member Lindemans who was absent. EXECUTIVE DIRECTOR'S REPORT No comments. AUTHORITY MEMBERS' REPORTS No comments. ADJOURNMENT At 7:58 P.M., the Temecula Winchester Hills Financing Authority meeting was formally adjourned to Tuesday, August 11, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] Minutes. WH FA~072898 2 ITEM 19 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council D~r t Gary Thornhill, Community Development ' ec or August 11, 1998 Adoption of Zoning Regulations and Licensing of Sexually Oriented Businesses Because of the addition of the Overlay Zone, the City attorney is recommending adoption of a Negative Declaration. In order to prepare the Negative Declaration, staff is requesting this item to be continued to the August 25, 1998 meeting. 1 P:\NAASEHSXADULTSR.CC 8/5/98 sn ITEM 20 APPROVE~ CITY ATTORNEY DIRECTOR OF FINAN E ~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Community Development Director'~2'' August 11, 1998 Planning Application No. PA98-0235 - Commencement of Actions Necessary to Detach Certain Real Property from the City of Temecula, located on the North Side of Winchester Road, at the City's Northern City Limit and known as Assessor's Parcel No. 911-140-007 (Sonny Salkind, Property Owner) PREPARED BY: Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Commission recommends that the City Council: Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA98- 0235 - THE COMMENCEMENT OF ACTIONS NECESSARY TO DETACH CERTAIN REAL PROPERTY FROM THE CITY OF TEMECULA AND WAIVING CONDUCTING AUTHORITY PROCEEDINGS PER SECTION 56837 OF THE GOVERNMENT CODE, FOR PROPERTY LOCATED ON THE NORTH SIDE OF WINCHESTER ROAD, AT THE CITY'S NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NO. 911-140-007 BACKGROUND: At the July 1, 1998 Commission hearing, the Commission voted unanimously (5-0) to adopt a Resolution recommending that the City Council commence the actions necessary to detach the property located on the North Side of Winchester Road, at the City's Northern City Limit and Known as Assessor's Parcel No. 911-140-007 (Sonny Salkind, Property Owner) from the City of Temecula. Historically, this property was inadvertently split in half by the Local Agency Formation Commission (LAFCO) when the City incorporated. The other half of the property, which is located within the unincorporated portion of Riverside County, is commercially zoned. At the May 20, 1998 Planning Commission meeting, staff recommended that the property be re-designated on both the General Plan Land Use Map and Zoning Map from M (Medium Density Residential 7-12 Dwelling Units per Acre) to HTC (Highway Tourist Commercial). The property R:\STAFFRPT\235PA98.CC17~20~98 mf 1 owner requested a SC (Service Commercial) designation and the Commission directed staff to meet with the property owner to discuss options regarding the commercial designation on his property. Staff met with the property owner on June 11, 1998. At that meeting, he stated that he would like to explore the option of detaching from the City of Temecula and reverting to the jurisdiction of Riverside County. Staff and the property owner both contacted the Riverside LAFCO regarding the process for accomplishing the detachment. Based upon staff's conversation with LAFCO representatives, the property owner may initiate proceedings with LAFCO; however, the City Council needs to approve of the detachment. At the June 17, 1998 Planning Commission hearing, the property owner expressed his desire to detach from the City of Temecula and revert to the jurisdiction of Riverside County. The Planning Commission directed staff to prepare a resolution with a recommendation that the City Council support the proposed detachment. SPECIFIC ACTION: The Planning Commission recommends that the City Council commence the actions necessary to detach the property from the City of Temecula. Upon approval of the attached Resolution, it will be forwarded to LAFCO whereby, they will take final action on the detachment. FISCAL IMPACT: None, Attachments: Resolution No. 98- - Page 3 Planning Commission Staff Report (July 1, 1998) - Page 8 Planning Commission Minutes (July 1, 1998) - Page 9 R:\STAFFRPT\235PA98.CC17/28/98 mf 2 ATTACHMENT NO. 1 RESOLUTION NO. 98- R:\STAFFRPT\235PA98.CC17/28/98 mf 3 ATTACHMENT NO. 1 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA98-0235 - THE COMMENCEMENT OF ACTIONS NECESSARY TO DETACH CERTAIN REAL PROPERTY FROM THE CITY OF TEMECULA AND WAIVING CONDUCTING AUTHORITY PROCEEDINGS PER SECTION 56837 OF THE GOVERNMENT CODE, FOR PROPERTY LOCATED ON THE NORTH SIDE OF WINCHESTER ROAD, AT THE CITY'S NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NO. 911-140-007 WHEREAS, the Planning Commission has conducted studies and reviews of certain real property under the jurisdiction of the City of Temecula in furtherance of its charge to ensure the currency and viability of the General Plan of the City of Temecula. As an element of such analysis specific real property owned by Mr. Sonny Salkind ("Owner") was reviewed at a duly noticed meeting of the Planning Commission. The subject real property is more particularly described and identified in Exhibit A hereto; WHEREAS, City staff and Owner presented oral and written evidence regarding the nature and circumstances attendant to the subject real property. The evidence demonstrates that the Owner owns a greater amount of real property. Upon incorporation of the City, approximately one-half of the Owner's real property holdings were incorporated into the City with the adjacent remainder continuing under County of Riverside jurisdiction. The General Plan and zoning designation are inconsistent for the two adjoining parcels, thus making the beneficial development of the real property difficult; WHEREAS, the Planning Commission concluded that the City interests were not served by attempting to conform the City's General Plan and zoning to a designation harmonious with that applied by the County to the remainder real property. The Owner solicited input from the County of Riverside Local Agency Formation Commission (LAFCO). LAFCO presented several options to the Owner; the Owner's preference was to detach from the City to regain consistent County zoning on both parcels. The Planning Commission, after review of the General Plan, concluded that detachment would be an appropriate course of action; WHEREAS, LAFCO has requested that the City Council manifest its consent prior to the commencement of the actions required to complete the one parcel detachment. The Planning Commission recommends the City Council issue such consent; WHEREAS, the City Council consents to the commencement of the actions required to complete the one parcel detachment; R:\STAFFRPT\235PA98.CC17~28~98 rnf 4 WHEREAS, all legal prerequisites to the approval of this Resolution have occurred; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: That the above recitations are true and correct and are hereby incorporated Section 1. by reference. Section 2. The City Council of the City of Temecula directs the Community Development Director and City Clerk to undertake all actions necessary to commence and complete the detachment of the subject real property, subject to any legislative actions that may be required by the City Council. Section 3. The City Council of the City of Temecula determines that there is no possibility that the activity in question may have a significant effect on the environment pursuant to Section 15061Co)(3) of the California Environmental Quality Act Guidelines. Section 4. The City Clerk shall certify the adoption of this Resolution. this PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula __ day of , 199_. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:\STAFFRPT\235PA98.CC1 7/28/98 mf 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the __ day of , 199_, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:\STAFFRPT\235PA98.CC1 7~28~98 mf 6 EXHIBIT A ASSESSOR'S PARCEL NUMBER 911-140-007 R:\STAFFRPT\235PA98.CC1 7/28/98 mf 7 CITY OF TEMECULA ,/ ~ /~\,/' / / PLANNING APPLICATION NO. 98-0235 EXHIBIT A ASSESSOR'S PARCEL NO. 911-104-007 CITY COUNCIL DATE: AUGUST 11, 1998 ATTACHMENT NO. 2 PLANNING COMMISSION STAFF REPORT JULY 1, 1998 R:~STAFFRPT\235PA98.CC17/28/98 mf 8 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM 0 /8/ V4 TO,' FROM: DATE: SUBJECT: July 1, 1998 Commencement of Actions Necessary to Detach Certain Real Property from the City of Temecula, Located on the North Side of Winchester Road, at the City's Northern City Limit and Known as Assessor's Parcel No. 911-140-007 (Sonny Salkind, Applicant) Prepared by: Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: ADOPT Resolution No. 98-__ recommending approval of a Resolution entitled: "A RESOLUTION OF THE CITY OF TEMECULA PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING TO THE CITY COUNCIL THAT IT DIRECT THE COMMENCEMENT OF ACTIONS NECESSARY TO DETACH CERTAIN REAL PROPERTY FROM THE CITY OF TEMECULA, LOCATED ON THE NORTH SIDE OF WINCHESTER ROAD, AT THE CITY'S NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NO. 911-140-007" based upon the Analysis contained in the Staff Report. BACKGROUND At the June 17, 1998 Planning Commission hearing, the property owner of Assessor's Parcel Number 911-140-007 expressed his desire to detach from the City of Temecula and revert to the jurisdiction of Riverside County because his property is divided between the City and County and is isolated from the rest of the community. The Planning Commission directed staff to prepare a resolution with a recommendation that the City Council support the proposed detachment. The resolution is included as Attachment No. 1. Attachments: 1. Resolution No. 98-__- Blue Page 2 R:\STAFFRPTxSALKIND.PC4 6/24/98 ATTACHMENT NO. 1 RESOLUTION NO. 98- R:\STAFFRPTXSALKIND.PC4 6/24/98 klb 2 ATTACHMENT NO. 1 PC RESOLUTION NO. 98- A RESOLUTION OF THE CITY OF TEMECULA PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING TO THE CITY COUNCIL THAT IT DIRECT THE COMMENCEMENT OF ACTIONS NECESSARY TO DETACH CERTAIN REAL PROPERTY FROM THE CITY OF TEMECULA, LOCATED ON THE NORTH SIDE OF WINCHESTER ROAD, AT THE CITY'S NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NO. 911-140-007 WHEREAS, the Planning Commission has conducted studies and reviews of certain real property under the jurisdiction of the City of Temecula in furtherance of its charge to ensure the currency and viability of the General Plan of the City of Temecula. As an element of such analysis specific real property owned by Mr. Sonny Satkind ("Owner") was reviewed at a duly noticed meeting of the Planning Commission. The subject real property is more particularly described and identified in Exhibit A hereto; WHEREAS, City staff and Owner presented oral and written evidence regarding the nature and circumstances attendant to the subject real property. The evidence demonstrates that the Owner owns a greater amount of real property. Upon incorporation of the City, approximately one-half of the Owner' s real property holdings were incorporated into the City with the adjacent remainder continuing under County of Riverside jurisdiction. The General Plan and zoning designation are inconsistent for the two adjoining parcels, thus making the beneficial development of the real property difficult; WHEREAS, the Planning Commission concluded that the City interests were not served by attempting to conform the City's General Plan and zoning to a designation harmonious with that applied by the County to the remainder real property. The Owner solicited input from the County of Riverside Local Agency Formation Commission (LAFCO). LAFCO presented several options to the Owner; the Owner's preference was to detach from the City to regain consistent County zoning on both parcels. The Planning Commission, after review of the General Plan, concluded that detachment would be an appropriate course of action; WHEREAS, LAFCO has requested that the City Council manifest its consent prior to the commencement of the actions required to complete the one parcel detachment. The Planning Commission recommends the City Council issue such consent; WHEREAS, all legal prerequisites to the approval of this Resolution have occurred; R:\STAFFRPTXSALKIND.PC4 6/24/98 klb 3 NOW, THEREFORE, THE CITY OF TEMECULA PLANNING COMMISSION DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. The Planning Commission recommends after review and in satisfaction of California Government Code Section 65402 (a), that the City Council of the City of Temecula direct the Community Development Director and City Clerk to undertake all actions necessary to commence and complete the detachment of the subject real property, subject to any legislative actions that may be required by the City Council. Section 3. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 1st day of July, 1998. Marcia Slaven, Chairperson I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 1st day of July, 1998 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\STAFFR_PTXSALKIND.PC4 6/24/98 ldb 4 EXHIBIT A ASSESSOR'S PARCEL NUMBER 911-140-007 R:\STAFFRPT~SALK. EN'D.PC4 6/24/98 klb 5 CITY OF TEMECULA · ~ / \ / \ ,.' 'v t. ,:.. ,' /' / ] / 'V \ ... f ~1 t .':,. .,,.,, · / / / t ', / \\ / /\ \, EXHIBIT A ASSESSOR'S PARCEL NO. 911-104-007 PLANNING COMMISSION DATE: JULY 1, 1998 ATTACHMENT NO. 3 PLANNING COMMISSION MINUTES JULY 1, 1998 R:\STAFFRPT\235PA98.CC1 7128/98 mf 9 EXCERPT PLANNING COMMISSION JULY 1,1998 DRAFT PUBLIC HEARING ITEMS PlannincJ Al~plication No. PA98-0235 (General Plan Amendments) and Plannin~J Application No. PA98-0236 (Zoning Amendments - Development Code and Zoning Map) Request to commence with actions necessary to detach certain real property from the City of Temecula - located on the north side of Winchester Road at the City's northern City limit and known as Assessor's Parcel No. 911-140-007 (Sonny Salkind, Applicant). Recommendation It is recommended by the Planning Department that the Planning Commission approve the request. Associate Planner Fagan provided the staff report with regard to this request, noting the following: that the property of discussion is located on Winchester Road at the City's northern City limit; that through the process of City incorporation, this property was split with half of it being located in the County and the other half in the City; that through the General Plan process, the property of discussion was designated as Medium Density Residential which was then determined to be an error; that through a series of clean-up amendments, it is being recommended to designate this property as Commercial/Highway Tourist Commercial; that the property owner is not in support of this designation; that the property owner has requested a Service Commercial designation which staff would not support; that the Planning Commission at its June 17, 1998, meeting directed staff to further address the matter with the applicant. In response to the Commission's request, Associate Planner Fagan informed the Commissioners that staff had met with the applicant, noting the following: that the property owner has initiated changes with the Local Agency Formation Commission which designates the City's boundaries; that the property owner has requested that he be allowed to detached from the City of Temecula and attach with the County of Riverside in order to pursue the zoning designation which he had prior to incorporation; that the Local Agency Formation Commission (LAFCO) is desirous of receiving communication as to whether or not the City is in support of the detachment; that at the June 17, 1998, Commission meeting, the Commissioners had directed staff to formulate a resolution recommending to the City Council to support the detachment. In response to Commissioner Soltysiak, Associate Planner Fagan advised that the original property split was determined by LAFCO. Because the original property split was not at the initiation of the applicant, Commissioner Soltysiak requested that this detachment be accomplished with the imposition of no additional fees to the property owner. For Commissioner Soltysiak, Associate Planner Fagan advised that the applicant has discussed the ability to file an application for fee reduction with LAFCO. Noting this is an unusual circumstance, Senior Planner Hogan advised that he was not aware of a City fee associated with detachments. Community Development Director Thornhill advised that if a City fee were associated with this detachment, he would make a recommendation to the City Council to waive associated City fees. In response to Chairwoman Slaven, Associate Planner Fagan advised that the property owner is in support of staff's recommendation. Commissioners Guerriero, Naggar, and Soltysiak noted their support of the recommendation. MOTION: Commissioner Guerriero moved to close the public hearing and to adopt Resolution No. PC 98-020. The motion was seconded by Commissioner Soltysiak and voice vote reflected unanimous approval. RESOLUTION NO. 98-020 A RESOLUTION OF THE CITY OF TEMECULA PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING TO THE CITY COUNCIL THAT IT DIRECT THE COMMENCEMENT OF ACTIONS NECESSARY TO DETACH CERTAIN REAL PROPERTY FROM THE CITY OF TEMECULA, LOCATED ON THE NORTH SIDE OF WINCHESTER ROAD, AT THE CITY'S NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NO. 911-140-007 ITEM 21 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Ronald E. Bradley, City Manager i~;Flerman D. Parker, Director of Community Services August 11, 1998 Termination of Museum Lease with Temecula Valley Museum PREPARED BY: RECOMMENDATION: _~'/Phyllis L. Ruse, Development Services Administrator 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 "SECOND AMENDMENT TO AMENDED AND RESTATED MUSEUM LEASE AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY MUSEUM, INC., TERMINATING THE LEASE" DISCUSSION: On August 23, 1994, the City and the Temecula Valley Museum, Inc., entered into a lease entitled "Amended and Restated Museum Lease Agreement by and between the City of Temecula and the Temecula Valley Museum, Inc." (the "Lease"). The Lease provides that the Corporation would construct a museum building of at least 6,100 square feet, construct an 1,800 square foot plaza, construct an outdoor interpretative area of 1,000 square feet, and renovate the historic St. Catherine's Church on property generally located at Sam Hick Monument Park at Moreno Road and Mercedes Street in the Old Town Area. The Lease further provides that the City would fund the work in the amount of ~500,000 and that the work would be completed by January 1, 1996. At this time the renovation work on St. Catherine's church is complete and the work on the museum building is 90% complete. The Council has appropriated $885,000 for the construction work and $660,594 has been paid to the Museum Corporation for work completed. No invoices from the Museum Corporation for construction work are pending. The Project has suffered through m'any administrative and construction problems since commencement in 1994. Apart from cost overruns, insurance and bond problems, and contractor work delays, the Museum Corporation faces a default judgment from a former contractor in the amount of approximately ~52,000 dollars plus legal fees and unpaid property taxes in the amount of approximately ~ 34,000. The provisions of the Lease require the R:{RUSEPIAGENDAS} TERMINA T. MUS Museum Corporation to pay or resolve all construction claims, keep the property free of construction liens, and pay when due all taxes and assessments on the Property. City Staff has worked continuously and diligently with the Museum volunteers to resolve the problems and keep the Project on track for completion. As a result of these problems, the Museum Corporation is willing to voluntarily terminate its Lease with the City· The Staff is recommending the Council approve the "Second Amendment to Amended and Restated Museum Lease, Terminating the Lease" with the Museum Corporation·" Upon the termination of the Lease, the City will obtain possession of the Property, the renovated St. Catherine's Church facility and the partially completed Museum Building. The City will need to complete construction of the Museum Building in order to preserve the work which has been completed and to provide for some use of this City asset. Given the construction problems and the incomplete construction on the Project, any contractor taking over the construction of the Museum Building will need to spend a significant amount of time determining the precise work to be completed and becoming familiar with the plans and specifications, the construction problems, the degree of work completed and the work which must be completed on the Museum Building· A significant cost for contractors would be the time to be spent in reviewing the work performed and construction problems. Therefore, Staff recommends that formal bidding for the completion of the work on the Museum Building be waived by the Council· Waiving of formal bidding procedures under these circumstance is justified and has been regularly upheld by the courts· Staff is negotiating with the current contractor for the museum to enter into a contract with the City to complete the work. Staff will return to the City Council at a later date to request award of a construction contract to complete the Museum Building. The Museum currently operates St. Catherine's Church as a wedding chapel. There are several weddings already booked and scheduled through December, 1998· Staff will work with the Museum Board to continue reserving and renting the facility to the Museum for the purpose of conducting weddings· Staff will begin preparation of a plan for use of the Museum Building and will return to the Council with a report this Fall. At this point the Museum Corporation has a number of internal issues to resolve concerning the historic artifacts which it possesses. The Staff report will update the Council on this issue. FISCAL IMPACT: The Council has appropriated 9885,000 for reconstruction of St. Catherine's Church and construction of the Museum Building; 9660,594 has been expended as of August 11, 1998. An additional appropriation will most likely be required to complete the Museum Building. Staff will request the additional funds necessary to complete this project when a construction contract has been successfully negotiated and is brought back to the City Council for award. Attachments: Resolution Terminating Lease Proposed Second Amendment to Amended and Restated Museum Lease, Terminating the Lease Amended and Restated Museum Lease, dated August 23, 1994 First Amendment to Amended and Restated Museum Lease, dated November 18, 1997 Letter Accepting Termination from Temecula Valley Museum R: IRUSEI~AGENDA,5'I TERMINA T. MUS RESOLUTION NO. 98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING "SECOND AMENDMENT TO A/VIENDED AND RESTATED MUSEUM LEASE AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY MUSEUM, INC., TERMINATING THE LEASE" THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: a. On August 23, 1994, the City and Corporation entered into that certain "Amended and Restated Museum Lease Agreement By and Between the City of Temecula and the Temecula Valley Museum, Inc." whereby the City leased to the Corporation certain real property within Sam Hicks Monument Park for the purpose of constructing and maintaining a museum, plaza area, and outdoor interpretative area, and renovating and maintaining a historic church on the Property. b. On November 18, 1997, the City and the Corporation approved that certain First Amendment to Amended and Restated Museum Lease Agreement by and between the City of Temecula and the Temecula Valley Museum, Inc. c. The parties now desire to terminate the Lease. Section 2. The City Council hereby approves that certain agreement entitled "Second Amendment to Amended and Restated Museum Lease Agreement by and between the City of Temecula and the Temecula Valley Museum, Inc., Terminating the Lease." The Mayor is authorized to execute the Second Amendment on behalf of the City in substantially the form attached hereto as Exhibit A. Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOFrED by the City Council of the City of Temecula on ,1998. Ron Roberts Mayor 7~27~98 11086-00007 pmt 1480824 0 ATTEST: Susan W.Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA SS I, Susan Jones, City Clerk of the City of Temecula, do hereby certify that the Resolution No. 98- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on August 11, 1998, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk P: LR USEP UFERMINA TadUS 7/27/98 110864)0007 pmt 1480824 0 - 2 - RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Exempt from Recording Fees pursuant to Government Code Section 6103 SECOND AMENDMENT TO AMENDED AND RESTATED MUSEUM LEASE AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY MUSEUM, INC., TERMINATING THE LEASE THIS SECOND AMENDMENT TO LEASE is made and entered into as of August 11, 1998 by and between the City of Temecula (hereafter the "City") and the Temecula Valley Museum, Inc., a California non-profit public benefit corporation (hereafter the "Corporation"). In consideration of the mutual covenants and promises set forth herein, the parties agree as follows: 1. The parties agree that this First Amendment is entered into with respect to the following facts which each of the parties agrees are true and correct: a. On August 23, 1994, the City and Corporation entered into that certain "Amended and Restated Museum Lease Agreement By and Between the City of Temecula and the Temecula Valley Museum, Inc." (hereafter the "Lease") whereby the City leased to the Corporation certain real property within Sam Hicks Monument Park (hereafter the "Property") which is described on Exhibit A, attached hereto and incorporated herein as though set forth in full, for the purpose of constructing and maintaining a museum, plaza area, and outdoor interpretative area, and renovating and maintaining a historic church on the Property ("Original Lease") b. The Original Lease was recorded on September 27, 1994 as Document No. 37510 in the Official Records of Riverside County. c. On November 18, 1997, the City and the Corporation approved that certain First Amendment to Amended and Restated Museum Lease Agreement by and between the City of Temecula and the Temecula Valley Museum, Inc. ("First Amendment"). 7/27/98 11086-000ff/pmt 1480823 0 d. The First Amendment was recorded on February 5, 1998 as Document No. 041417 in the Official Records of Riverside County. e. For the purposes of this Second Amendment, the Original Lease as amended by the First Amendment shall be known as the "Lease." f. The parties desire to terminate the Lease. Section 2. As of the effective date of the termination of the Lease, each party will have paid all sums due to the other paxty under the Lease and neither party shall have any further obligations to the other pursuant to the Lease. The Lease is hereby terminated effective as of 12:01 a.m., Section 3. August 12, 1998. Section 4. The City Manager is hereby authorized to enter into any agreements, execute any documents, or take such further actions as are required to implement the termination of the Lease. R:IRUSEPtMUSEUMILEASAMD2 7/27/98 11086-00007 pint 1480823 0 - 2 - IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to Lease to be executed the day and year first above written. CITY OF TEMECULA BY: Attest: Ron Roberts Mayor Susan W. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney TEMECULA VALLEY MUSEUM, INC., a California Non-Profit Public Benefit Corporation R: IRUSEPIMUSEUMILEA,.~AMD2 7/27/98 l1086-(XXX7 pint 1480823 0 - 3 - EXHIBIT A DESCRIPTION OF LEASE PROPERTY {use legal description from last recorded document} R:IRUSEPIMU,~EUMILEA,-,eAMD2 7/27/98 11086-00007 pint 1480823 0 - 4 - EYaIBIT ~A" LEC~ DESCRIPTION FOR EXHIBIT 41, !7 BEING A PORTION OF PARCEL 2 OF PARCEL MAP NO. 24038, IN THE CITY .OF TF_.MECULA, COUNTY OF RIVERSIDE, STATE OF CkLIFORNIA, AS FILED IN BOOK 171, PAGES 71 THROUGH 72, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE P/tRTICUL/~LY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF PARCEL 1 OF SAID PARCEL MAP NO. 24038; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1, SAID LINE BEING ALSO COMMON TO SAID PARCEL 2, NORTH 51°38'19" EAST, 140.60 FEET (NORTH 51038'42'' EAST, RECORD PER SAID PARCEL MAP NO. 24038}; THENCE LEAVING SAID SOUTHEASTERLY LINE SOUTH 38 o 27 ' 26" EAST, 42.55 FEET TO THE BEGINNING OF A 10.00 FOOT P.~n~DIUS CURVE CONCAVE WESTERLY; THENCE SOUTIIERLY ALONG SAID CURVE THROUGIt A CENTRAL ABGLE OF 80049' 27", A DISTisaqCE OF 14 . 11 FEET; THENCE SOUTH 42°22'00'' WEST, 45.36 FEET TO THE BEGINNING OF A 24.50 FOOT PAD I US NON- TANGENT CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT 'BF3LRS SOUTH 51°46'34'' EAST; THENCE SOUTtIWESTERLY/~LONG SAID CURVE THROUGtI A CENTRAL ANGLE OF 41°28'24", A DISTANCE OF 17.73 FEET; THENCE SOUTH 88058, 21" WEST, 4.65 FEET; THENCE SOUTH 35°34'04'' WEST, 50.21 FEET; THENCE SOUTH 50026' 34" WEST, 15.36 FEET TO THE BEGINNING OF A 197.00 FOOT PAD I US NON - T2~NGENT CURVE CONCAVE S OUT |{EASTERLY, A RADIAL LINE TO SAID POINT BF_j~RS NORTH 38°26' 39" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07°26'32'', A DISTANCE OF 25.59 FEET; THENCE SOUTIt 45016, 18" WEST, 19.97 FEET TO THE BEGINNING OF A 5.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGIt A CENTRAL ANGLE OF 89°12' 11", A DIST/UgCE OF 7.78 FEET; THENCE NORTH 45°31'31'' WEST, 10.97 FEET; !:~q!I,!~LAT. DOC' CITY OF TElvlECULA 11119196 THENCE SOUTH 45°02'02'' WEST, 41.99 '!1417 THENCE SOUTH 60 o 02 ' 10" WEST, 7.48 FEET .THENCE NORTH 44°20'32" WEST, 55.42 FEET; THENCE NORTH 09°40'48'' WEST, 83.75 FEET TO THE BEGINNING OF A 73.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADI/~L LINE TO SAID POINT BF_A.RS NORTH 77°26'18" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21°55' 15'', A DISTANCE OF 27.93 FEET; THENCE NORTH 38°18' 48" WEST, 100.33 FEET TO THE BEGINNING OF A 26.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, A RADIint LINE TO SAID POINT BEARS NORTH 46°59'37'' Fd~T; THENCE NORTHWESTERLY A.LONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°19'52'', A DISTA/~CE OF 7.41 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF MORENO RO/UD (88.00 FEET WIDE] AS SHOWN ON S]~ID PARCEL MAP NO. 24038; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE NORTH 17° 08' 19" EAST, 55.83 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL 2, SAID CORNER BEING ALSO COMMON TO SAID PARCEL 1; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE ALONG THE NORTHERLY LINE OF SAID PARCEL 2 SOUTH 72°51' 41'' EAST, 22.09 TO AN ANGLE POINT; THENCE CONTINUING ALONG THE LINE COMMON TO SAID PARCELS 1 AND 2 SOUTH 38°21'41" EAST, 215.00 FEET TO THE POINT OF BEGINNING; CONTAINING 29,305.17 SQUARE FEET OR 0,673 ACRES, MORE OR LESS. SEE EXHIBIT ~B" ATTACItED HERETO I:'~H PLAT. DOe 11/191'96 _L 0 a~ 0 Z 0 5O' EXHIBIT "B" OATA NO. ~/8EARING 80'49'27' 0776'32' 89'12'11" 2t~5'15' ~) 16'19'52' TABLE IO. O0' 24.50' 197,00' 5.00' 73.00' 26.00' LENGTH I4,11' 17. 7Y 25.59' 7. 78' 27.93' Z41' 240,3~ ., 1~4/.92.,9~,~ ~ ,, PORTION LOT ~ BLOCK 2 PAUBA WATER CO, SUBDIVISION IVJB 11/507 '!1,t!7 ~[~. 12/31/9S~' ( ) DENOPEl' RECORD DATA PER PARCEL MAP NO. 2,1038, PM 171/71-72. Trans-Pacific Consultants 27447 Enterprise Circle West, Temeculo, CA., 92590 THIS PLAT IS SOLELY AN All} IN LOCATING file PARCEL(S) DESCRIBED IN THE ATTACIlED DOCUMENT, IT IS NOT PART OF THE Vm~IffEN DESCRIPtiON THEREIN. SCALE: 1'= 60' DRAWN BY TJL OATE11/18/96t EXHIBIT FOR CIVIL ENGINEERS LAND SURVEYORS, PLANNERS w.o. # SHEET 1 OF LEGAL DESCRIPTION SH_PLAT.DWC- EXHIBIT "A" T.~GAL DESCRIPTION FOR EXHIBIT 41417 BEING A PORTION OF LOT 6, BLOCK 2, OF THE PAUBA LAND AND WATER COMP/x-NY SUBDIVI S I0N MAP, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 11, PAGE 507 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICUIZLY DESCRIBED AS FOLLOWS: C01~NCING AT A POINT ON THE CENTERLINE OF MORENO ROAD, SAID POINT BEING THE MOST SOUTHERLY TEP, MI~S OF THAT CERT/LIN COURSE SHOWN A.S BEING NORTH 17°08'42'' FET, 646.93 FEET AS SHOWN ON PARCEL MAP NO. 24038, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 171, PAGES 71 THROUGH 72, INCLUSIVE, OF PinaCEL MAgS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY; THENCE ALONG SAID CENTEP. LI1TE OF MORENO ROAD NORTH 17°08' 19" F_~T, 98.78 FEET; TlzrENCE I.F-AVING SAID CENTERLINE AT RIGHT A/~GLES SOUTH 72°51'41" F_~T, 142.10 FEET TO THE TRUE POI1TT OF BEGINNING; THF_NCE NORTH 43°49'25" F/ST, 48.42 FEET; THENCE NORTH 86°27'02" EAST, 7.57 FEET; THENCE SOUTH 45°59'1!'' FET, 14.72 FEET; THENCE SOUTH 44°00'49'' WEST, 1.89 FEET; THENCE SOUTH 45°59'11'' FET, 4.91 FEET; THENCE SOUTH 44°00'49- WEST, 12.55 FEET; THENCE SOUTH 45°59'11- FET, 40.83 FEET; THENCE SOUTH 44000'49" WEST, 12.56 FEET; THENCE NORTH 45°59,11'' WEST, 3.30 FEET; THENCE SOUTH 44°00'49- WEST, 33.94 FEET; THENCE NORTH 45°59,11'' WEST, 9.06 FEET; THENCE SOUTH 44000'49" WEST, 7.11 FEET; THENCE NORTH 45°59'11'' WEST, 8.44 FEET; I:~$H_PLAT. DOC crrv OF TE.MECULA THENCE NORTH 44°00'49" EAST, 7.11 FEET; THENCE NORTH 45°59'I!" WEST, 6.27 FEET; THENCE NORTH 43°52'47" WEST, 16.57 FEET; THENCE NORTH 47 ° 47 ' 23" WEST, 8.81 FEET; THENCE NORTH 26°07'53" WEST, 6.67 FEET; THENCE NORTH 13°08'48" WEST, 7.99 FEET TO THE TRUE POINT OF BEG iNNING; CONTAINING 3,275.31 SQUA3E Fk~-T OR 0.075 ACRES, MORE OR LESS. SEE EXHIBIT 'B" ATT~f, HED HERETO 0 t l 30' EXHIBIT "B" Y2'y/2,, /l//xt ,o -7-2,2 NO. 6.~5S POR'FJON LOT 6 BLOCK PAUBA LAND & WATER CO, MB 11/507 S,D, CO, N 45'59'If" W t N 86'27'02" E APN c021-07D-018 ,~ T.P.O.B. ~ N 72'51'4f' W t42.10' '4.9" .. N ~4.5.59''t ~ 41,~,17 ,o0 / 2 8UBDIVI,SIOt',J .69 ', ~.9~ 2. ·55, P.O.C./I' , / NtEp, CE_DE_L Trans-Pacific Consultants -- 27447 Enterprise Circle west. Temeculo. CA.. 92590' THIS PLAT IS SOLELY AN AIO IN LOCATING THE PARCELS'S} DESCRIBED IN rile ATTACHED DOCUMENT IT IS NOT PART OF THE WRITTEN DESCRIPTION rHERFIN, SCALE; 1"= 4,0' i DRAWN BY TJL DATEll/18/96{ EXHIBIT FOR ( )OENOTES RECORD DATA PE~ PARCEL MAP NO. 2,1038. PM I71/7t-72. CIVIL ENGINEERS LAND SURVEYORS. PLANNERS w.O. # SHEET 1 OF 1 412-012 LEGAL DESCRIPTION SH_PLAT. DWG ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside , personally [] personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ish~e subscribed to the within instrument and acknowledged to me that he/shpd~ey executed the same in his/hcr/tl,cir authorized capacity(ies), and that by his/her4their 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. [1 [] SIGNAT~OF NOTARY INDIVIDUAL(S) OFFICER(S) (TITLE[SI): CAPACITY CLAIMED BY SIGNER [1 [1 [1 [] [] PARTNER(S) ATFORNEY-IN-FACT TRUSTEE(S) CHAIRPERSON/MAYOR OTHER: SIGNER IS REPRESENTING: R: tRUSEPI MUSEUM I LEA SA MD2 7/27/98 11086-00007 pint 1480823 0 - 5 - ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of Riverside ) On appeared , 1998, before me, , personally [1 [] personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SIGNATURE OF NOTARY [1 [] INDIVIDUAL(S) OFFICER(S) (TITLE[S]): CAPACITY CLAIMED BY SIGNER [1 [1 [1 [1 [1 PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) CHAIRPERSON/MAYOR OTHER: SIGNER IS REPRESENTING: R: IR USEPI MUSEUMI LEA SA MD2 7/27/98 11086-00007 pmt 1480823 0 - 6 - E,Y~MFr RECORDING EEQUESTED BY City of Temecula PER GOV'T CODI~- § 6103 AND WHEN RECOEDED MAIL TO City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attention: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE AbiENDED AND I~F-~TATED MUSEUM LEASE AGREEV[ENT BY AND BETW!~-k'~T THE CITY OF TI2VIF_L'I.TLA AND TRR~ TEMECLrLA VAt.I.v.y MUSEUM INC. Au~nlst 23, 1994 This Amended and Restated Museum Lease Agreement is entered into as of August 23, 1994, between the CITY OF TI~MEC~ (hereinafter referred to as *City'), and ~ TEMECULA MUSEUM INC., a California non-profit public benefit corporation (hereinafter referred to as "CORPORATION*). R~CITA~ -~ WHEREAS, the City acquired title to certain real property located in the City of Temecula, County of Riverside, State of California, known as Sam Hicks Monument Park, which is described in Exhibit A-1 attached hereto, by deed' dated April 1991 (hereinafter referred to as "Parcel 1 "). WHEREAS, upon acquisition by the City, Parcel 1 was subject to a Museum Lease between the City and the Corporation dated January 1, 1991, which contemplated the construction of a 3,000 square foot Museum and the relocation of a 1,200 square foot Church. WH:EREAS, subsequently, the City acquired title to certain adjoining real property located in the City of Temeeula, County of Riverside, State of California which is described in Exhibit A-2 attached hereto, by deed dated July 15, 1992 (hereinafter referred to as Parcel 2'), Collectively, Parcels I and 2 will be hereinafter referred to as the "Park", 370510 WHEREAS, the City and the Corporation desire to terminate the January 1, 1991 Museum Lease in favor of this Amended and Restated Museum Lease and Disposition and Development Agreement (hereafter referred to as the "Agreement"). WHEREAS, the purpose of the Agreement is to relocate and construct a larger Museum on Parcel 2 and provide for the funding, operation and maintenance of such a Museum. WHEREAS, the Redevelopment Plan was appwved by Ordinance No. 658 of the Board of Supervisors of Riverside County on July 12, 1988 prior to incorporation of the City of Temecula. Pursuant to City Ordinance No. 91-1 1 , which became effective May 9, 1991, and City Ordinance No. 91-15, which became effective April 9, 1991, the City appwved the Plan. Said Ordinances had the effect of adopting the Plan and transferring jurisdiction over said Plan to the Agency, as of July l, 1991. Pursuant to Ordinance No. 93-04 and 94-03, Ordinance No. 91-11 was codified at Section 8.04.010 of the Temecula Municipal Code. WI.rg~REAS, Parcel 2 was purchased for $1,050,000, of which the Redevelopmerit Agency of the City of Temecula funded $400,800. The Museum will be located on Parcel 2. _Bec~__use all of the Property to be used for the Museum and Church wffi be leased to the Corporation at $1.00 per year, which is less than fair market value, it is necessary that the City approve the Lease of the Property at less than fair market value pursuant to Health & Safety Code Section 33433. Pursuant to City Resolution No. __, the City Council has appwved the Lease of the Property at less than fair market value. NOW, THEREFORE, in consideration of covenants and promises hereinafter mentioned, the City, and CorporaUon agree as follows: AGRF-I~.M~.NT 1: PARTu:-~ TO THE AGttggMENT A. The City The City is a general law city located in Riverside County, California. All references to approvals by the City shall mean the City Council of the City, unless another City Commission or Officer is specifically designated. R:~C'ilyAny~MuMum.ijs *2- Aulust 31, Ic~4 37O510 B. The Corlx~ration The Corporation is a California non-profit, public benefit corporation duly organized and existing under me laws of the State of California. The principal office and mailing address of the Corporation is: Temecula Valley Museum Inc., P.O. Box 792, Temecula, CA 92593. 2. LEASE OF PROPERTY. The City hereby leases to the Corporation the property located within the Park to be occupied by the Museum and Church as per the attached plot plan, attached as Exhibit "B" , and hcremafter r~fcrr~l to as the "Property." 3. EXHIBITS. The following Exhibits to this Agz~ement are incorporatad herein by this reference: Exhibits A-I and A-2 Exhibit B Exhibit C Exhibit D Exhibit E Park D__ped_s Plot Plan of Leased Property Basic Concept Drawings of Phase 1 Museum and Consinaction Budget Schedule of Performance Scop~ of Development PROHIBITION AGAINST CHANGE IN OWNERSIRP, MANAGE- MENT AND CONTROL OF CORPORATION The qualifications and identity of the Corporation is of particular concern to the City and the Agency. It is because of its qualifications and identity that the City and Agency have entered into this Agreement with the Corporation. Therefore, no voluntary or involuntary successor in interest of the Corporation shall acquire any fights or powers under this Agreement except as expressly set forth hereino The Corporation shall not assign all or any of its rights or duties under this Agreement nor sublease the Property without the prior written approval of the City, which consent the City shall not unreasonably withhold provided the City determines that the successor is similarly qualified and has specifically agreed in writing to be bound by the provisions of this Agreement. All of the terms, covenants and conditions of this Agreement shall be binding upon and shall inure to the benefit of the Corporation and the pormitt~i successors and assigns of the Corporation. Whenever the term "Corporation" is used herein, such term shall include any other lawful successors in interest of the Corporation. R:~CityAny~4ussum. L~s -3- Auluat 31. 1994 370510 5. TERM. The term of this Agreement shall be forty (40) years, commencing on November 1, 1990, and ending on October 31, 2030. As part of the consideration for the execution of this Agreement, the City hereby grants to the Corporation an option to extend and renew the provisions of this Agreement for a twenty-year term, upon the same terms and conditions hereof. The option to renew and extend this Agreement must be exercised, if at all, by notice in writing given to the City not less than sixty (60) days prior to the expiration on the previous term. 6. RENT. The Corporation agrees to pay the City as rent for the use and occupancy of the Property the sum of ONE DOI.I AR ($1.00) per year, payable in advance on the first day of January of each year commencing with January 1, 1991, and continuing thereafter during the Corporation's use and occupancy of the Property. Rent shall be payable in lawful money of the United States to the City at the address stated herein or to such other persons or at such other places as the City my designate in writing. If the Corporation renews the term of this Agreement as provided in Paragraph five (5), the Agreement shall continue'for the same rental rate. 7. USE OF THE PROPERTY. A. The design and location of all structures shall be subject to City appwval, which approval shall not be unreasonably withheld. All other consU'uction projects, not specifically permitted by this Agreement are pwhibited. B. The Corporation shall construct a Museum and remodel the Church on the Property in phases. The fh"St phase shall include the following elements: I) Constructing a museum building of a minimum size of 6,100 square feet; 2) Constructing a 1,800 square feet PI~-~; 3) Constructing an outdoor interpretative area Of 1,000 square feet; and 4) Renovating the Church. R:%CitYAuY~Muwum.t''s =4= August 31, 1994 370510 Basic Concept Drawings of these four elements ar~ depicted in Exhibit C, attached hereto, and will heWnafter be referred to as the 'Phas~ 1 Museum.' By approving this Agreement, the City has approved the design and location of the Phase I Museum, as required by subparagraph A, above. Construction of the Phase 1 Museum shall commence no later than January 1, 1995. A final inspection or certificate of occupancy of the Phase i Museum shall be obtained on or before January 1, 1996. The Corporation may increase the size of the Museum to a maximum of 22,900 square feet in future construction phases. 8. SCOPE OF DEVELOPlVIENT A. The Pwpeny shall be developed within the general controls established in the Scope of Development, the approvals of the City as described herein, and the further approvals of the City as required by the Temocula Municipal Code, and related laws governing municipal planning, zoning and subdivision. B. The Phase I Museum shall be developed as established in the Basic Concept Drawings and related documents attached as Exhibit C, except as changes may be mutually agreed upon between the Corporation and City. Any such changes shall be within the general controls of the Scope of Development. C. If the Corporation exercises its option to incr6ase the size of the Museum, then it first shall obtain City approval of Basic Concept Drawings and related documents for the development of the each subsequent phase of the Museum. During the preparation of Basic Concept Drawings for each subsequent phase of the Museum, the City and the Corporation shall hold regular pwgress meetings to coordinate the preparation of, submission to, and review of the Drawings. The City and the Corporation and its approved assignees shall communicate and consult informally as frequently as is necessary to insure that the formal submittal of any documents to the City can receive prompt and speedy consideration. D. No construction of any subsequent phase of the Museum may occur without City approval of the Basic Concept Drawings. Any City disappwval of the Basic Concept Drawings shall state in writing the reasons for disapproval. Upon receipt of such a disapproval, the Corporation shall revise the portions of the Drawings which are disapproved and related documents and resubmit then to the City as soon as possible after receipt of the notice of disapproval. E. The Corporation shall prepare and submit construction drawings, specifications and related documents for the Phase I Museum and all R:~CitYAttYttMus~'um.L~s Au~usl ;3I, 1994 370510 subsequent phases to the City for review pursuant to the Temecula Municipal Code, including the Building Code. 9. FUNDING. The City hereby agrees to Finance the construction of the Phase I Museum in an mount not to exceed Five Hundred Thousand Dollan ($500,000.00). The Corporation shall be responsible for obtaining all other necessary funds required to complete the Scope of Development. Upon submission by the Corporation of a payment request form, the City will pay to the Corporation funds sufficient to pay the individuals or entities identified in the payment request form the mounts specified for architectural, engineering, and construction costs, not to exceed a total cumulative amount of $500,000. The Corporation is to secure all appropriate labor and material releases prior to submitting the payment request form. 10. DESIGN OF PHASE 1 MUSEUM. The Corporation shall employ a properly qualified registered architect (the 'Architect') and other necessary professionals, including civil engineers to design and prepare detailed bid documents, construction plans and specifications for the Phase I Museum identified in Exhibit C. Exhibit C includes an estimated budget for the design, engineering and construction of the Phase I Museum. This budget has been px,Jpared by consultants retained by the Corporation and it is the responsibility of the Corporation to function within the dollar cost set forth in Exhibit C. 11. SI~-~-CTION OF THE PHASE 1 MUSEUM CONTRACTOR. The Corporation shall solicit bids for the construction of the Phase 1 Museum. The Phase 1 Museum shall be constructed by .contractor or contnctors licensed by the State of California (the 'Contractor*). The Contractor sPaall be required to provide performance and payment bonds, each in a principal amount equal to 100n of the contract price, and to name the City and Corporation and their employees, officers, directors, agents and consultants thereof as additional insureds under a comprehensive general liability insurance policy with coverage broad enough to include contractual obligations under such construction-contract and in an amount not less than One Million Dollars ($1,000,000.00) per occurrence. The bid' and contract documents shall include the bond and insurance requirements as set fotlh by mutual agreement of the City and Corporation at the time of advertising for bids and said requirements shall not be less than those stated above. Prior to the award of any bid for the Phase I Museum, the Corporation shall demonstrate to the City that it has funds sufficient to cover the award of the bid. No award of a contract for the Phase I Museum shall be made unless funds, not otherwise committed by prior construction contracts are available to cover the contract award, including a contingency amount equal to 10% of the cdntract price and all costs for building permit and inspection fees to the City. R:~CityAny~aueeum. Lg: .~. August 31, 1994 37G510 12. CONSTRUCTION OF .PHASE 1 MUSEUM. A. The Corporation shall have responsibility for administering the construction contracts awarded for the Phasc 1 Museum. B. Before commencement of construction or development of the Phase I Museum, the Corporation shall, at its own expense, secure or cause to be secured any and all grading, building and other required permits which may be required by the City and any other governmental agency having jurisdiction as to such construction, development or work. C. The Corporation shall promptly begin and thereafter diLigen~y prosecute to completion the construction of ~e improvements and ~e development of the Phase I Museum in accordance with the Schedule of Performance. The Schedule of Performance is subject to revision from time-to-time as mutually' agreed upon in writing between the Corporation and ~e City. The Corporation shall submit to the City written reports of the pwgre~ of the construction. The reports shaU be in ~e same form and in ~e same detail as normally prepared for internal reports of the Corporation or for reIx~rts fwm the Corporation's general contnctor to the Corporation. D. For the purpose of assuring compliance with this A~reement, representatives of ~e City si~tl have the fight of access to the Property, without charges or fees, during normal business hours during the period of construction, so long as they comply wiffi all safety rules. Such representatives of the City shall be those who are so identified in writing by the City Manager. E. No change order my be approved by the Corporation for the Phase 1 Museum in an mount in excess of the construction budget contained in Exhibit C wiffiout demonstrating to the City ~at there are sufficient uncommitted funds available to the Corporation for such purposes. F. The Corporation shall prepare and execute a Notice of Completion for ~e Phase 1 Museum, record said Notice with the Office of ~e Recorder of the County of Riverside, State of California, and cause the ConWactor and all subcontractors to provide lien and material releases with respect thereto. The Corporation shall provide copies of each said notice and all releases to the City. 13. DESIGN AND CONSTRUCTION OF THE SUBSEQUENT PHASES. The City and Corporation shall follow the same procedure described in Paragraphs 10, 11 and 12 to design and construct any subsequent phases of the Museum. R:XCityAlty~Museum.Lgs '7- August 31, 1994 370510 14. OPERATION OF THE MUSEUM. A. The Corporation shall establish, maintain and operate the Temecula Valley Museum on the Property, beginning upon issuance of a certificate of occupancy for the Phase I Museum, and throughout the term of this Agreement. Such use may include all activities reasonably related to the Museum operation including exhibition, restoration and storage of the Temecula Museum Collection, archival storage, office administration, operation of a museum shop, educational programs, and public/private events. The "Museum* shall mean a professional quality, non-profit museum located on the Property and operated by the Corporation for the preservation, interpretation and exhibition of the Temecuh Museum Collection, and for public education regarding the Temecula region. B. The "Temecula Museum Collection" shall mean all art objects, artifacts, papers, photographs, architectural elements and other items of aesthetic, cultural or hiswricai significance relating to the Temecula region owned by the Corporation or by any third person and loaned or enn'usted to the Corporation for preservation, interpretation and exhibition. C. The Corporation shall, at all times, maintain the smms of a tax- exempt entity under the provisions of the Internal Revenue Code of 1954, as amended. D. The Temecula Vallcy Museum Shall be operated according to the standards and suggested guidelines of the American Association of Museums (AAM), or of any organization which may, from time to time, bc generally recognized as an organization organized and operated to pwmote standards of excellence for the museum pwfession, comparable to the AAM, and which describe standards and guidelines therefore. Such standards and guidelines shall address the following: 1) Museum Collection; and Restoration, storage 'and interpretation of the Temecula 2) Curatorial responsibility, including the care, conservation, protection, exhibition, interpretation, loan and use of the Temecula Museum Collection. E. Recognizing the unique combination of a public museum within a public park, the Corporation shall utilize the Property to exhibit works' of art, operate a museum shop, hold receptions, previews, benefits and other educational and fund raising activities, all related to the Temecula Valley Museum, with consideration and respect for other uses of the Park. R:XCityAtty~MuMum. L,s '8- Aug, usa 31. 1994 370510 F. The Corporation shall retain at all times during the term of this Agreement qualified curators and a trained staff sufficient to maintain the Temecula Museum Collection and Museum programs in a manner consistent with the standards of a professional museum, as defined above. G. The Corporation shall provide at its sole cost and expense, a complete and appropriate security system or arrangement for the protection of the interior of the Property and the Temecula Museum Collection therein. The City shall not be responsible for providing any necessary or appropriate security to or for the Property or any of the Temecula Museum Collection located therein. Mechanical and electrical detection/security systems and fire suppression system for the Property shall be actively integrated into the mechanical and elecmcal detection/security systems and fire suppression system of the Museum. H. The Corporation shall post and maintain regular hours of operation for the Museum. I. The Corporation shall annually prepare and submit to the City a fundraising plan ("Plan"). The Plan shall describe the actions planned by the Corporation to ni.se money for the operating and maintenance expenses of the Museum and shall include a description of the events planned, the mount of money anticipated to be raised by each event and the anticipated costs of each fundraising event. The Plan shall be submitted annually on or before June I and shall cover a period of two years following submission. J. In the event (1) the City mates this Lease based upon the default of the Corporation which is not cured within the time required by the Lease, or (2) the Corporation is dissolved, the ardfacts owned by the Corporation shall be transferred to the City without further action of the parties as long as the artifacts are used by the City as part of a museum in Temecula. 15. STRUCTURES AND FIXTURES. All structures and fixtures placed on the Property by the Foundation shall become the property of the City at' the end of the term of the Agreement. The Corporation shall have no right to remove such structures and fixtures at any time during the term or after the termination of this Agreement. 16. SURRENDER OF PROPERTY. On expiration or sooner termination of this Agreement, or any extensions or renewal of this Lease, the Corporation shall promptly surrender and deliver the Property to the City including, the structures and fixtures thereon and the Museum. R:XCltyA~xyq~4ussum. L.gs -9- S~p~mb~r I, 1994 370510 17. REPAIRS. A. At all times during the term of this Agreement, the Corporation shall, at the Corporation's own cost and expense, and at no cost and expense to the City, maintain the Property and all portions of the Property including the structures and fixtures thereon in good order and repair and make all repah's and replacements that may become necessary to the Property, any buildings or improvements on the Property, or any sidew:~i~, or driveways that are pan of, or appunenant to the Property. Any and all repairs and replacements required by this provision, both ordinary and extraordinary and both structural and nonsmictural, shall be made pwmptly by the Corporation as required and shall comply with all applicable governmental laws, ordinances, and regulations. The Corporation hereby waives the provisions of sections 1941 and 1942 of the California Civil Code relating to the City's duty for tenantable premises and the Corporation 's right to make repairs and deduct the expenses of such repairs from the rent. B. If the Corpration falls to maintain the Property as described in subparagraph A, the City may give written notice of such deficiency to the Cox~ration. If the City gives notice to the Corporation of a deficiency, the Corporation shall have thirty (30) business days within which to take reasonable steps to cure the deficiency. If the Corporation has not commenced corrective activity within such thirty (30) days, the City may elect to take the steps necessary to insure that the Property is maintained as described in subparagraph A. At least fi~__~Jn_ (15) days prior to entering the Property to perform any such corrective work, the City shall either personally serve a notice of its intent to enter the Property for this purpose on the Corporation or marl a copy of such notice by certified mail to the Corporation's last known address, or as shown on the tax rolls. The City may enter the Property to perform such corrective work as it reasonably considers necessary and pwper to remm the Property to its proper condition as described in subparagraph A. The City may act either through its own empioyees or through an independent contractor to perform such corrective work. If the City incurs costs, including administrative costs and attomey's fees in returning the Property to its proper condition puntant to the procedure set forth above, the City may make a demand upon the Corporation for payment of' such costs as are reasonable under the circumstances. If The Corporation falls to pay such costs within thirty (30) business days after the date demand is made, this Agreement shall terminate. 18. ALTERATIONS. The Coporation may not make any alte~tions (other than insubstantial ones) to the Property or structures thereon without the City's prior written consent, which consent shall not be unreasonably withheld. R:~CityAuy~Mussum. Lss August31, 1994 370510 19. U'rg. rrIF~. The Corporation agrees to pay for all utilities, including telephone, water, gas, electricity, and any and all other services which may be used in or upon the h-operty during the term of this Agreement without liability of the City. For each service, the Corporation shall pay the cost for the use of the service direc~y to the utility provider prior to the time that the charge becomes delinquent. 20. MECHANICS' LIENS. Pursuant to Section 3094 of the California Civil Code, the Corporation shall cause a Notice of Non-responsibility to be posted on the Property prior to beginning of construction. The City shall cause a Notice of Non-responsibility to be recorded concurrently with the execution of the Agreement. The Corporation hereby agrees to ke~ the Property, including the Museum, free and clear of mechanics' liens and other liens for labor, service, supplies, equipment, or materials. The Corporation also agrees to fully pay and discharge and wholly protect and save harmless the City against any and all demands or claims that may or could ripen into such liens or labor claims. Notwithstanding the foregoing, the Corporation may, if the Foundation furnishes the City with a bond or other ~_t_~c_-urity against loss or n=_bility by reason thereof in a form acceptable to the City, contest, at the Corporation's sole cost and expense, any such liens or claims and litigate the same to final judgment. 21. ALIENABnYFY OF PROPERTY. Nothing in this Agreement shah be construed to restrict the alienability of the Park. The City retains the right to sell or encumber the Park, including the Property, at any time during the term of this Agreement. 22. TAXES. During the term of this Agreement, the Corporation shall pay before delinquency: (1) all taxes, assessments, license fees, and any other charges of any type whatsoever that are levied, assessed, charged, or imposed on or against the Corporation's possessory interest and/or personal property installed or located in or on the Property and that become payable during the term of this Agreement; and, (2) all real property taxes and general and special assessments levied and ~sessed against the Property. 23. WASTE OR NUISANCE. The Corporation shall not commit or permit the commission by othen of any waste on the Property, including gnffiti. The Corporation shall not maintain; commit, or permit the maintenance or commisaion of any nuisance as defined in Section 3479 of the California Civil Code on the Property. The Corporation shall not use or permit the use of said Property for any unlawful purpose. 24. INDEMNITY AND INSURANCE. The Corporation agrees to indemnify, defend and hoM the City harmless from and against any and all claims arising from any act, omission or negligence of the Corporation, or its contractors, R:~CityAuy~4useum. Les - 11 - Aulust 31, 1994 370510 licensees, agents, servants, or employees, or arising from any accident, injury or damage whatsoever caused to any person or property occurring in, on, or about the Property, the sidewalks adjoining the Property, and from and against all costs, expenses and liabilities incurred in or in connection with any such claim or proceeding bwught thereon, including, but not limited w, court costs and reasonable attorney' s fees. The Corporation shall maintain in full force during the term of this Agreement, a policy or policies of general liability insurance in the minimum amount of One Million Dollars 61,000,000.00) combined single-limit pet occurrence for bodily injury, personal injury and property damage. The Corlxxation shall name the City as an additional insured on such policies. The Corporation shall furnish the City with a Certificate of Insurance with respect to such policy or policies prior to entry on the Property. The policies shall further be endorsed with a 'broad form' endorsement so as to provide comprehensive general liability insurance for the joint benefit of the City. The amount of insurance coverage shall be sujbect to periodic review by the City not less then every three (3) years commencing fwm the date of this Agreement. The coverage amounts may be altered as the City may reasonably determine based upon, but not limited to, such factors as inflation, increased liability awards, claims experience, recommendations of professional insurance advisors and other factors custornarily used to determine appropriate levesl of coverage of the insurance required by this Agreement. Such detemination shall be the at the sole discreation of the City. The Corporation shall maintain in force, at the Corporation's expense, a policy or policies of insurance protecting against the foBowing: A. Fire, earthquake and other perils normally included in the extended coverage insurance with special form, to the extent of at least one-hundred percent (100%) of the insurable value of the bu~ding(s) and other improvements placed on the Property pursuant to the Agreement, exclusive of wade fixtures and equipment and personal pwperty, including the Temecuia Museum Collection belonging to the Foundation. B. Fire and extended coverage insurance with respect to the equipment and personal property, including the Temecula Museum Collection located on the Property with vandalism and malicious mischief endorsements to the extent of one-hundred percent (100%) of their insurable value. During the term of this Agreement, the proceeds of any such policy or policies for fire insurance should be used solely for the repair or replacement of the fixtures and personal property so insured. R:~ChYAnY~a~s{usslsta-t''s - 12- August 31, 199~ 370510 C. The Corporation shall furnish the City with a Certificate of Insurance with respect to all policy or policies required pursuant to this Agreement prior to entry on the Property, and occupancy of any buildings constructed or relocated onto the Property. If any such insurance required in this Agreement has a deductible clause, the deductible mount shall not exceed $10,000.00 per occurrence, and the Corporation shall be linhle for any such deductible amount. The coverage amounts for all of the above insurance requirements shall increase annually at a rate equal to the Consumer Price Index for Riverside County. 2:5. NON-LIABILITY OF OFFICIALS AND EMPLO~-~ OF THE CITY. No member, official or employee of the City shall be personally liable m the Corporation pursuant to the provisions of this Agreement, nor for any default Or bnach by the City. 26. INSOLVENCY. The insolvency of the Corporation as evidenced by a receiver being appointed to take possession of all or substantially all of the property of the Corporation, or the making of a general assignment for the benefit of creditors by the Corporation, shall terminate the Agreement and entitle the City to re-enter and regain possession of the Pwperty. 27. ABANDONMENT. In the event that the Corporation shall be absent fwm the Property for a period of 30 days after default in payment of rent or other obligations imposed on the Corporation by this Agreement, such absence shall be deemed to constitute an abandonment of the Corporation's interest in the Property and an abandonment by the Corporation of any personal property left on the Property, and the City may thereupon reenter the Property as hereinbefore provided. 28. INSPECTION OF BOOKS AND RECORDS. Each party has the right to inspect, at reasonable times, the books and records of the other pertaining to the Property as pertinent to the purposes of this Agreement. 29. ENTRY BY CITY. A. The City may enter upon the Pwpeny and the structures thereon during normal operating hours for the purpose of inspecting the Pwperty. B. The City or its authorized representatives shall be granted entry to the Property in the event of emergency. Key access to Property shall be limited to the City Manager, Police Chief, Fire Chief, and their designated emergency personnel. RACilyAny~duMum.l~s * 13- Aulust 31, 1994 370510 30. COMPLIANCE WITH LAWS. During the term of this Agreement and any renewals hereof, the Corporation shall comply with all ordinances and regulations of the City of Temecula, orders and requirements imposed by the Health and Police Departments, and all Federal, State and County and the City statutes, ordinances, regulations, laws or other requirements concerning all matters applicable to the use, occupancy or operation of the Property. 31. NONDISCRIMINATION. The Corporation herein covenants by and for itself, its heirs, executors, administrators and assigns, and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the leasing, subleasing, transferring, use occupancy, tenure or enjoyment of the Propony, nor shall the Corporation itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, occupancy of tenants, lessees, sublessees, subtenants or vendees in the Property herein leased. 32. DAMAGE/DESTRUCTION. If the Property or the structures thereon is damaged or destroyed in whole or in pan by fire or other casualty, the Corporation shall repair or restore the Property or the structures thereon to substantially the same condition as they were in immediately before destruction, provided that the insurance proceeds to the Corporation payable on account of such damage or destruction are sufficient to fund all of the costs of such repair and restoration. The Corporation shall commence and complete all such repair and restoration. If the Corporation does not commence such repair or restoration within thirty (30) days a/ter such damage or destruction occurs or if repair or restoration will require more than one hundred twenty (120) days to complete, the Corporation may, at its option, terminate this Agneement by giving the City written notice of its election to do so at any time prior to the commencement of such repair or restoration and by paying over any insurance proceeds to the City. In that event, this Agreement shall terminate as of the date such notice is delivered by the Corporation. 33. LEGAL ACTIONS. Any legal actions related to or arising out of this Agreement must be instituted in the Superior Court of the County of Riverside, State of California, in an appropriate municipal court in that county, or, if federal jurisdiction exists, in the Federal District Court in the Central District of California. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevai|ing party, as determined by the Court's judgment, :~CityAny~Jdumum.lzs - 14= 31, 1994 370510 39. UNLAWFUL DETAINER. In the event of any breach of this Agreement by the Corporation, the City, in addition to any other rights or remedies it may have, may give the Corporation a three-day notice to cure the breach or quit the premises. If the Corporation fajh to do either, the City may bring a statutory proceeding in unlawful detainer to regain possession of the Property. ,10. TERMINATION. The City shall have the fight to terminate this Agreement if the Corporation is in default of this Agreement, as defined in Paragraph 36 hereof or if any of the following situations exists: A. The Museum is destroyed or substantially damaged to the extent that it would be, in the reasonable discretion of the City, economically unfeasible to repay. B. The Museum is substantially damaged or destroyed by any cause whatsoever, and there are not sufficient insurance proceed___s available to repair or rebuild the Museum. C. The Corporation ceases to operate the Museum on regular bash. Should the Corporation be unable to perform its obligations pursuant to the Agreement, nothing shall pwhibit the City from designaling another agent to perform those functions. 41. BINDING ON SUCCESSORS. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, assigns and legal representatives of the parries hereto. Nothing in this paragraph shall bc construed as a consent by the City to any assignment of this Agreement or any interest thcrein by the Corporation except as provided in Paragraph 4 of this Agreement. 42. NOtICES AND PAYMENTS. Whenever notices and payments are required to be given pursuant to the provisions of this Agreement, they shall be sent to the party, in writing and postage prepaid by registered mail, addressed as follows: To the City at: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attention: City Manager To the Foundation at: The Tcmecula Valley Museum Inc., A California Non-Profit Public Benefit Corporation P.O. Box 792 Temecula, CA 92590 Attention: Robert L. Heroine -, President R:~'C'a3rAnY~Muuum't"s - ! 6- August 31, 1994 370510 Any party may change such address by written notice by registered mail to the other parties. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF TEMECULA Ron Robens, Mayor ATFEST: By: ~'S. GREE~~d~ ~ City Clerk APPROVED AS TO FORM: TEMECULA VALLEY MUSEUM, INC. a California Non-Profit Public Benefit Corporation By PETER M. THORSON City Attorney R:~CitYAuY~MuMum'I'~s - 17- Aulum 31, 19941 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 370510 State of california CounW of Riverside On 9/6/94 before me, susan w. Jones , DATE NAME, TTT1,E OF OFFK:ER · E.G-, 'JANE I:X:~, NOTARY Pt~tlC' personally appeared Robere L. Henwe , [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(.s') whose name(-s}~afe-- subscribed to the within instrument and ac- knowledged to me that ~..~hetthoy executed the same in ~ef/thoir authorized -- capacity(ies-), and that by(~Lr~or/tl~air signatureCs) on the instrument the person(s~, or the entity upon behalf of which the person(s/' acted, executed the instrument. Near IM:te-Calenta ' ~ COUNTY My C(,.,., -' ~ F. mira t,l_/e ,Vcwr 18. 1994 WITNESS my hand and official seal. OPTIONAL Thougfi me clam Detow is not required Dy law, it may prove valuable to larsons relying on ~e document and could prevent fraudulent reattacnment of ~is form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER TITLES) [] PARTNER(S) [] UMJTED [] GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DESCRIPTION OF ATTACHED DOCUMENT ' Amended & Restated. Huseum Lease TITLE OR TYPE OF DOCUMENT 22 NUMBER OF PAGES August: 23, 1994 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EkqTTY(tESI SIGNER(S) OTHER THAN NAMED ABOVE {)1993 NATIONAL NOTARY ASSOCIATION · 8236 Re Ave,. P.O. BOx 7184 · Clnogl Perk, CA 91309-7184 EXHIBIT "A " In the City of Temecula, County of Riverside, State of California, descifi2aed as follows: That portion of Lot 6, and of the unnamed road in Block 2, as shown by Map of Subdivision of the Pauba Land and Water Company, in the County of Riverside, State of California, as shown by Map on file in Book 11, Page 507 of Maps, Records of San Diego County, California, described as follows: Beginning at the most westerly corner of Lot 32, Block 1, of the Town of Temecula as shown by Map on file in Book 15. Page 726 of Maps, Records of San Diego County, California; thence South '!'! degrees 25'05* West. along the Northwesterly boundary of said town of Temecula, a distance of 141.45 feet to a point on the Northerly right of way line of an unnamed road (60 feet wide) as described in dedication and easement deed to the County of Riverside by deed recorded April 22, 1969 as Instrument No. 39504 of Official Records of Riverside County, California: thence Westerly continuing along said Northerly line being the arc of a tangent curve concave Northerly and having a radius of 375.78 feet through a central angle of 19 degrees 01'17", a distance of 124.75 feet: thence North 17 degrees 08'42" East, along the Easterly line of said unnamed road a distance of 290.87 feet; thence South 45 degrees 02'38" East. a distance of 271.16 feet to the point of beginning. COMMONWEALTH L/ ' TITLE CO. C~TV OF TE~ECULA "*'" ~3174 BUSINESS PA~ DRI~ Aeeae4e ~IIIOI4IfNO 176637 PARTNERSHIp GRANT DEED THE UNDEP, SIGNED GKAHTOR(m) DECLARE(l) ""'°" FO~ ~ VALUABL~ONSIDEEATION, scccip( of fhic~ i~ ~e~eb~ h,.~by GItANT(S) to CITY OF TEMECUI. A, a Municipal Corporation ,/' Ihe(olle~4efdegfibedreslprol~ftyb Me '~/~7~a ~entyo( KZVERSIDE PARCEL 2 OF PARCEL K~P 24038 AS SHO~ BY ~ RE~ IN ~K 17I, PAGES 71 and 72 OF PARC~'~S, RE~S OF SAID CO~ Dated June 15, 1992 ,STATE OF CALIFORNIA COUNTY OF I TII~CULA HOTEL PAR. I'NERS · California Limited Partnership to me *h&l ~ permet.kip ezecgled Use ~S mr ~d end of~bl seal Slgnllure ~~ ~ ' OFFICIAL SEAL NANCy tIN.',' NOTAlly PUIUC. CALIF'OIINIA MT' lem. e~l~ I[.P 14. 1117 f.~eca ebo. for offl_~a~ TAX STA TE~EN'I~ TO PAIt, Ty ":flOWN ON FOLLOWINC MANE; IF NO PARTY 50 SllOw'N, HAIL A.S DIREL'"TED ~JOVE ~/ m,mn3snR ~ ntmO3R3..L , ~_n.j Design ............................................$ 32,000 Church Restoration ...........................$ 84,000 Museum Construction ....................... $384.000 TOTAL .................$ 500.000 Deted: Mey 25. 1984 March 28, 1994 ..................... Schematic Design Proceeding April 25, 1994 ......................Schematic Design Complete May 2, 1994 .........................Authorization for Design Development/Construction Documents June 20, 1994 ......................Construction Documents Complete June 22, 1994 ......................Plan Check Submittal July 27, 1994 .......................Plan Check Complete August 1, 1994 .....................Authorization to Obtain Bids August 29, 1994 ................... Bids Received September 12, 1994 .............. Award of Contract September 14, 1994 .......... :...Begin Construction March 27, 1994 .................... Construction Complete O~t~l: M~f 25. 1964 37U~lu EXHIBIT D SCHEDULE OF PERFORMANCE Execution of Agreement Agreement shall be authorized, exe- cuted and delivered by the Foundation to City. On or before June I, 1994 Final Drawings and Plans The Foundation shall submit final drawings and plans to City for issuance of building permits for the Church and the Phase 1 Museum On or before September 1, 1994 Start of Construction The Foundation shall begin construction of the Phase I Museum and the Church. On or before January 1, 1995 Completion of Phase 1 The Foundation shah obtain a certificate of occupancy or final inspection for the Church and the Phase I Museum. On or before January 1, 1996 37u51U EXHIBIT E SCOPE OF DEVELOPMENT I. GENERAL DESCRIPTION The Pwperty consists of two sites, one for Museum of approximately 22,900 square feet ('Site 1 ') and the second for the Church of approximately 1,200 square feet ('Site 2'). They are generally located within Sam Hicks Monument Park. The Foundation shall develop at least a 6, I00 square foot Museum, an 1,800 square foot plaza and a 1,000 square foot outdoor interpretire center on Site and remodel St. Catherine's Church on Site 2. The Foundation may expand the Museum building to 22,900 square feet. The Foundation shall construct or cause the construction of the Museum building. Said building shall be constructed of masonry, concrete or concrete block, steel, or other such materials. Prefabricated metal panels or components shall not be utilized for exterior walls, unless specifically approved by the City. A. Architecture and Design. The Museum shall be of high architectural quality, and shall be effectively and aesthetically designed. The shape, scale of volume, exterior design and exterior finish of each building shall be visually and physically related to and an enhancement of each other. Signs shall be limited in size, subdued and otherwise designed to contribute positively to the environment. Signs identifying the building use will be permitted, but their height, size, location, color, lighting and design will be subject to City approval and shall conform to the Temecula Municipal Code. C. Ruilding Setback~ Building setbacks shall be approved by the City and shall conform to the Temecula Municipal Code. D. Building Height Building Height shall not exceed that permitted by the applicable zohing. E. Access Vehicular access shall be a~ shown on approval Basic Concept Drawing. E-1 37U510 F. Loading Adequate loading and unloading space shall be pwvided as required by Temecuh Municipal Cede. Loading spaces visible from streets shall be landscaped or screened to prevent an unsightly or barren appearance. G. Screening All outxtoor-storage of materials or equipment shall be enclosed or screened by walls, landscaping or enclosure to the extent and in the manner requixed by the City. H. Utilities All utilities on the Property to serve the Museum and Church shall be underground or enclosed at Founclation's expense whenever physically and economic~ly feasible, or when not feasible, all above-gwund utilities shall be placed at the rear of the two Sites. I. Parking On site parking shall be as required by the Temecula Municipal Cede. J. Paintin; All exterior painted wails shall be painted by the Foundation with a color(s) subject to City approval which approval shall not be unreasonably withheld if consistent with manufaeturer's requirements. The City shall grant and permit or cause the granting and permission of all necessary and appropriate easements and rights for the development of the Property, including but not limited to temporary construction easements and easements and tights of vehicular access, pedestrian access, parking, structural support, sanitary sewers, storm drains, water, electrical power, telephone, natural gas, as axe necessary for and consistent with the development as contemplated herein. E-2 R:~t~ilyAtry~4useum. L~.t -22- Audit 31. 2 4 5 6 8 9 10 11 12 13 14 15 16 TABLE OF CONTENTS RECITALS ................................................ 1 AGREEMENT .............................................. 2 PARTIES TO TIlE AGZRg~MF_,NT ................................. 2 A. The CRy ............................................. 2 B. The Corporation ........................................ 3 LEASE OF PROPERTY ........................................ 3 .EXHIBITS ................................................. 3 PROHIBITION AGAINST CHANGE IN OWNERSHIP, MANAGEMEMF AND CONTROL OF CORPORATION .................................. 3 TERM ................................................. ~o4 .............. . ..................................... 4 USE OF THE PROPERTY ...................................... 4. SCOPE OF DEVELOPMENT ..................................... 5 FUNDING ................................................ 6 DESIGN OF PHASE I MUSEUM ................................. 6 SELECTION OF THE PHASE 1 MUSEUM CONTRACTOR ................. 6 CONSTRUCTION OF PHASE 1 MUSEUM ............................ 7 DESIGN AND CONSTRUCTION OF THE SUBSEQUENT PHASES ............ 7 OPERATION OF THE MUSEUM .......................... ' ........ 8 STRUCTURES AND FIXTURES .................................. 9 SURRENDER OF PROPERTY .................................... 9 -i- 18 19 20 21 22 23 24 25 26 2~ 28 29 30 31 32 33 34 35 36 37 REPAIRS ................................................ 10 ALTERATIONS ............................................ 10 UTILITIES ............................................... 11 MECHANICS' LIENS ........................................ ALn:~NABILITY OF PROPERTY ................................. 11 TAXES ................................................. 11 WASTE OR NUISANCE ....................................... 11 ENDEMNrrY AND I~SURANCE ................................ 12 NON-LIABILrrY OF OFFICIALS AND EMPLOY'~-~ OF THE CITY .......... 13 INSOLVENCY ............................................. 13 ABANDONMENT ........................................... 13 INSPECTION OF BOOKS AND RECORDS ........................... ENTRY BY CITY ...... ; ................................... COMPLIANCE WITH LAWS ................................... 14 NONDISCRIMINATION ....................................... 14 DAMAGE/DESTRUCTION ' ..................................... 14 LEGAL ACTIONS .......................................... 14 RIGHTS AND REMEDIES ARE CUMULATIVE ....................... 15 INACTION NOT A WAIVER OF DEFAULT ......................... 15 DEFAULT, NOTICE OF DEFAULT, BEACH .......... ' .............. 15 DAMAGES ............................................... 15 R:XCityA"yqvluacum.ta, August 31. 1994 -ii- -24- 38 39 40 41 42 SPECIFIC PERFORMANCE .................................... 15 UNLAWFUL DETAINER ...................................... 16 TERMINATION ............................................ 16 BINDING ON SUCCESSORS .................................... 16' NOTICES AND PAYMENTS .................................... 16 R:'~CityAny~Mu.Mum.l.zs Aulust 31, 1994 041417 Recording Requested by and when Recorded mail to: RECEIVED FOR RECORD AT 8:00AM City of Temecula City Clerk's Office P.O. Box 9033 Temecula, Ca. 92589-9033 FEB - 5 1998 FIRST AMENDMENT TO AMENDED AND RESTATF~D MUSEUM LEASE AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY MUSEUM, INC. THIS FIRST AMF~ND1VIENT TO LEASE is made and entered into as of November 18, 1997 by and between the City of Temecula (hereafter the "City") and the Temecula Valley Museum, Inc., a California non-profit public benefit corporation (hereafter the "Corporation"). In consideration of the mutual covenants and promises set forth herein, the paxties agree as follows: 1. The parties agree that this First Amendment is entered into with respect to the following facts which each of the parties agrees are true and correct: a. On August 23, 1994, the City and Corporation entered into that certain "Amended and Restated Museum Lease Agreement By and Between the City of Temecula and the Temecula Valley Museum, Inc." (hereafter the "Lease") whereby the City leased to the Corporation certain real property within Sam Hicks Monument Park (hereafter the "Property") which is described on Exhibit A, attached hereto and incorporated herein as though set forth in full, for the purpose of constructing and maintaining a museum, plaTa area, and outdoor interpretative area, and renovating and maintaining a historic church on the Property; b. The Lease also provides that the City would finance renovation of St. Catherine' s Church and construction of Phase I of the Museum with a $500,000 grant to be paid upon submission of requests of the Corporation confirming progress of construction in accordance with the terms of the Lease; c. The Corporation will continue its fundraising effbns for the renovation of the Church and the construction of Phase I of the Museum; and d. The parties now desire to supplement the funding of the construction of Phase I of the Museum by providing for additional grant funding from the City to the Corporation in the amount of $250,000 which will be disbursed in accordance with the terms of the existing Leas. 20. 41417 2. Section 9 of the Lease is hereby amended to read as follows: "9. FUNDING. The City hereby agrees to finance the work described in Section 8 of this Lease, Scope of Development, in an amount not to exceed a grant of Seven Hundred Fifty Thousand Dollars ($750,000.00) (hereafter the "Grant"). The Corporation shall be responsible for obtaining all other necessary funds required to complete the Scope of Development. Upon submission by the Corporation of Payment Request Form, containing the information specified in this Section, the City will pay to the Corporation funds sufficient to pay the individuals or entities identified in the Payment Request Form, the mounts specified for architectural, engineering, and construction costs, not to exceed the amount of the Grant. The Payment Request Form shall be in a form approved by the Director of Community Services and shall detail the work performed, the parties to whom payment is proposed to be made, the amounts of the payments to be made, and the Corporation' s compliance with the terms of this Lease. The Corporation is to secure all appropriate labor and material releases prior to submitting the Payment Request Form. 3. Exhibit A to the Lease purported to described the property subject to the Lease. Exhibit A, however, has been the subject of some ambiguity as to the precise description of the property actually being leased by the City to the Corporation. Accordingly, it is necessary to revise Exhibit A to accurately describe the property which is and which has been subject to the Lease since its effective date. Revised Exhibit A, attached hemto and incorporated heroin as though set fo/'th in full, is hereby substituted in place of the original Exhibit A to the Lease. The parties hereto acknowledge and agree that said exhibit more precisely describes the land which has been used by the Corporation for the purposes described in the Lease since the effective date of the I.ease and that the understanding and intent of the parties in entering into the Lease was to utilize only the property described in Revised Exhibit A attached hereto for the purposes of the Lease and that the actual practices of the parties since that time has been to utilize only the property described in Revised Exhibit A. 4. Section 42 of the Lease, Notices and Payments, is hereby amended to pwvide the that new address of the City is: "City of Temecula, 43200 Business Park Drive, Post Office Box 9033, Temecula, California 92589-9033, Attention: City Manager. ' 5. Except as specifically provided herein, all other terms of the Lease shall remain in full force and effect. R:h~s~mus~un~i~ss~.smd Jsssssy 20, 199~ IN WITNESS WtIEREOF, the parties hereto have caused this First Amendment to Lease to be executed the day and year fast above written. CITY OF TEMECULA BY: Patricia H. Birdsall Mayor Attest: June S. Greek City Clerk Approved As to Form: Peter M. Thorson City Attorney TEMECULA VALLEY MUSEUM, INC., a California Non-Profit Public Benefit Corporation B~en o/f the Boa;d/ R:~rusepXmuseum~iease.m~cl November 18. 1997 REVISED EXHIBIT A DESCRIFrION OF LEASE PROPERTY '~14!7 R:Xruaep~mua=um~leee. amd November 18. 1997 EFa{IBIT "A" LEC~ DESCRIPTION FOR EYalBIT BEING A PORTION OF PARCEL 2 OF PARCEL MAP NO. 24038, IN THE CITY · OF TF/4ECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 171, PAGES 71 THROUGH 72, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PAI~TICULA/{LY DESCRIBED AS FOLLOWS: BEGINNING AT THE HOST SOUTHERLY CORNER OF PltRCEL 1 OF SAID PinaCEL MAP NO. 24038; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1, SAID LINE BEING ALSO COMMON TO SAID PARCEL 2, NORTH 51°38'19'' EAST, 140.60 FEET (NORTH 51°38'42" EAST, RECORD PER SAID PARCEL MAP NO. 24038); THENCE LEAVING SAID SOUTHEASTERLY LINE SOUTH 38 o 27 ' 26" EAST, 42.55 FEET TO THE BEGINNING OF A 10.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE O F 80°49' 27", A DISTANCE OF 14.11 FEET; THENCE SOUTH 42°22'00'' WEST, 45.36 FEET TO THE BEGINNING OF A 24.50 FOOT RADIUS NON-TANGENT CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT 'BEPaS SOUTH 51°46'34" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41~28'24'', A DISTANCE OF 17.73 FEET; THENCE SOUTH 88°58' 21" WEST, 4.65 FEET; THENCE SOUTH 35°34'04'' WEST, 50.21 FEET; THENCE SOUTH 50°26'34" WEST, 15.36 FEET TO THE BEGINNING OF A 197.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEILRS NORTH 38~26'39'' WEST; THENCE SOUTHWESTERLy ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07~26'32'', A DISTANCE OF 25.59 FEET; THENCE SOUTIt 45°16' 18" WEST, 19.97 FEET TO THE BEGINNING OF A 5.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE O F 89°12' 11", A DISTANCE OF 7.78 FEET; THENCE NORTH 45°31'31'' WEST, 10.97 FEET; J:W!! !~LAT. DOC' CITY OF ~EMECULA ! 1/19/96 THENCE SOUTH 45°02' 02'' WEST, 41.99 FEET; ' 1417 THENCE SOUTH 60°02' 10'' WEST, 7.48 FEET; -THENCE NORTH 44°30'32'' WEST, 55.42 FEET; THENCE NORTH 09°40'48" WEST, 83.75 FEET TO THE BEGINNING OF A 73.00 FOOT RA/DIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 77°26'18" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21°55' 15", A DISTANCE OF 27.93 FEET; THENCE NORTH 38°18'48" WEST, 100.33 FEET TO THE BEGINNING OF A 26.00 FOOT RA/) I US NON- TANGENT CURVE CONCAVE S OUTMS TERLY, A RADI/U~ LINE TO SAID POINT BEE NORTH 46°59' 37" F_J~T.; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CF/CTRAL ANGLE OF 16°19'52'', A DISTI%NCE OF 7'.41 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF MORENO ROA3D (88.00 FEET WIDE) AS SHOWN ON SAID PARCEL MAP NO. 24038; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE NORTH 17°08' 19" EAST, 55.83 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL 2, SAID CORNER BEING ALSO COMMON TO SAID PARCEL 1; THENCE · LEAVING SAID EASTERLY RIGHT-OF-WAY LINE ALONG THE NORTHERLY LINE OF SAID PinaCEL 2 SOUTH 72°51' 41" EAST, 22.09 TO AN ANGLE POINT; THENCE CONTINUING ALONG THE LINE COMMON TO SA/D PARCELS 1 AND 2 SOUTH 38°21'41'' EAST, 215.00 FEET TO THE POII~ OF BEGINNING; CONTAINING 29,305.17 SQUinaE FEET OR 0,673 ACRES, MORE OR LESS. SEE EXHIBIT ~'B' ATTACHED HERETO J':~SX ~PLAT. DOC CITY OF TEMECULA 1 1119/96 44° 0 0 Z rz3 44' 3O' EXHIBIT "B" OA TA FABLE a/BEARING FMOIUS 80'49'27' I0.00' 4 1 '28'24 ' 24.50' 0776'32' 197.00' 89'12'11' 5.00' 21'55'1S" 73.00' 16'19'52' 26.00' LENGTH 14.11' I7. 7Y 25.59' 7.78' 27.93' 7.41' '!1,117 PCL I PARCEL MAP NO, PM 171/71-72 24038 WATER CO. SUBDIVISION MB 1'I/507 .-3,D, CO, ( ) DENOTES RECORO DATA PER PARCEl, MAP NO. 24038. PM 1 71/7! -72. Trans-Pacific Consultants 27447 Enterprise Circle West. Temeculo. CA.. 92590 )'HIS PLAT IS SOt. ELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE ATTACHED D(XIlMENT. IT IS NOT PART OF THE WRITTEN DESCRIPTION THEREIN. SCALE: ~'= 60' DRAWN BY TJL 0ATE11/18/96~ EXHIBIT FOR CIVIL ENGINEERS LAND SURVEYORS. PLANNERS w.O. # SHEET 1 OF 1 LEGAL DESCRIPTION SH _PLA 1'. DWG EXHIBIT " A" LEGAL DESCRIPTION FOR EXHIBIT 41417 BEING A PORTION OF LOT 6, BLOCK 2, OF THE PAUBA LAND/~ WATER COMPANY SUBDIVIS ION MAP, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 11, PAGE 507 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMNCING AT A POINT ON THE CENTERLINE OF MORENO ROAD, SAID POINT BEING THE MOST SOUTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN ~ BEING NORTH 17~08'42'' EAST, 646.93 FEET AS SHOWN ON PARCEL M/UP NO. 24038, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 171, PAGES 71 THROUGH 72, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY; THENCE ALONG SAID CENTERLINE OF MORENO ROA]D NORTH 17~08' 19" EAST, 98.78 FEET; THENCE I.F~AVING SAID CENTERLINE AT RIGHT ANGLES SOUTH 72~51'41" EAST, 142.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 43°49' 25" EAST, 48.42 FEET; THENCE NORTH 86°27'02" EAST, 7.57 FEET; THENCE SOUTH 45°59'11" EAST, 14.72 FEET; THENCE SOUTH 44°00' 49" WEST, 1.89 FEET; THENCE SOUTH 45°59'11" F_~T, 4.91 FEET; THENCE SOUTH 44~00'49" WEST, 12.55 FEET; THENCE SOUTH 45°59'11" FET, 40.83 FEET; THENCE SOUTH 44°00' 49" WEST, 12.56 FEET; THENCE NORTH 45°59' 11" WEST, 3.30 FEET; THENCE SOUTH 44~00'49" WEST, 33.94 FEET; THENCE NORTH 45°59' 11'' WEST, '9.06 FEET; THENCE SOUTH 44°00'49" WEST, 7.11 FEET; THENCE NORTH 45°59'11'' WEST, 8.44 FEET; ]:~SH_PLAT. DOC CITY OF TE.MECUI=A 4 1417 THENCE NORTH 44°00'49" EAST, 7.11 FEET; THENCE NORTH 45°59'11" WEST, 6.27 FEET; THENCE NORTH 43°52'47" WEST, 16.57 FEET; THENCE NORTH 47°47' 23" WEST, 8.81 FEET; THENCE NORTH 26°07'53" WEST, 6.67 FEET; THENCE NORTH 13°08'48" WEST, 7.99 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 3,275.31 SQUARE FEET OR 0,075 ACRES, MORE OR LESS. SEE EXHIBIT "B" ATTA_~4~-n HERETO ,< 44' Z tt 30' EXHIBIT "B" Y'>'Y/2 A//x'l ''~ 4 1417 PORTION LOT ~j BLOC}'( PAUBA LAND & WATER CO, ~\/JB 11/507 S,D, CO, N 45'59'11" W 14. tV 85'27'02" g APN 921~07D-018 ,,~ .¢ T.P.O.B. ~ N 72'51'41" W 142,10° 2 SUBDIVI-,SIOt",J ,, .69'. ~.9x 12..55' ' p.O.C./~ Trans-Pacific Consultants -- 27447 Enterprise Circle W~$t. ]'emeculo. CA.. 92590' THIS PLAT IS SOl,ELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT PART OF THE WRITTEN DESCRIPTION THEREIN, SCALE: l'= 40' ] 0RAWN eY TJL 9ATEll/18/96J EXHIBIT FOR CIVIL ENGINEERS LAND SURVEYORS. PLANNERS w.o. # SHEET 1 OF I 412-012 LEGAL DESCRIPTION SH_PLAT. DWG 41417 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } county of F?,-iu rSi /c ss. On 2- J'2../If' , before me, 5U3LYt L/J. d~.qc$ Date Name ano 'Erie of Officer (e.g., "Jane Doe. Notary Public") personally appeared Fr~ L4M~) © 1997 National Notary Association · 9350 De Soto Ave.. P.O. Box 2402 · Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 Signer Is Representing: Name(s) of SignerIs) 3~.p.~rsonally known to me roved to me on the basis of satisfactory evidence 3 Guardian or Conservator [] Other: WITNESS my hand and official seal. 41,~1 t,q~Signa~ ~ · Place Notary Seal Above Y OPTIONAL Though the information below is not required Dy law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 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. Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Corporate Officer -- Title(s): Partner- []. Limited ~ General Attorney in Fact Trustee Top of thumD here 41417 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of F ioer idc Date personally appeared before me, ~- ss. Name and 'Rile of icer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) ' ersonally known to me ~/~3.'proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), 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. WITNES my hand and offici~al seal. Place Notary Seal Above ~ S/4qei~ignat · Of NOt ry Pummel';' ~ ' ~'~ OPTIONAL Thougt~ the information below is not required by law. it may prove valuable to petsons relying on the document and could prevent fraudulent removal and reaffachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Q Individual 7] Corporate Officer -- Title(s): Q Partner- [] Limited ,r-, General ,: Attorney in Fact [] Trustee [] Guardian or Conservator r~ Other: Top of thumb here Signer Is Representing: 1997 National Notary Associauon · 9350 De Soto Ave., P.O. Box 2402 · Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll*Free 1-800-876-6827 August3,1998 Ronald E. Bradley City Manager City of Temecula 43200 Business Park Drive, Temecula, CA 92590 Dear Mr. Bradley, I acknowledge receipt of your letter dated July 23, 1998 in which the Temecula Valley Museum has been given notice of default under our amended and restated Museum Lease Agreement, dated August 23, 1994. Although regrettable, the board unanimously voted to accept your decision effective on August 12, 1998 which is the date we understand the City Council will make it official. We will not attempt to remedy the problems set forth in your letter during the next 30 days given the complexity of the issues to be resolved. We do feel strongly that this current board is imminently qualified to manage and operate the new Museum and Chapel and we will do everything possible to holdthe group together for that possibility in the future. Since continuity is critical, we offer our complete support and cooperation to the City as individuals to assist in the completion of the project. For the record, our board members have contributed not only their tireless efforts to this project, but have expended their own money in excess of $5000.00 for the stained glass windows and other items now in place. We have also booked and performed some 15 successful marriage ceremonies since the Chapel opened in February with future weddings are booked from August through December of this year. We trust this letter will help clear the way for you to take the steps necessary to complete the project. Sincerely,