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HomeMy WebLinkAbout041304 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE APRIL 13, 2004 — 7:00 P.M. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. Next in Order: Ordinance: No. 2004-03 Resolution: No. 2004-37 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Joanne Algier Invocation: Pastor Randy Ponder of Lamb of Life Flag Salute: Councilman Roberts ROLL CALL: Comerchero, Roberts, Stone, Washington, Naggar R:\Agenda\041304 1 PRESENTATIONS/PROCLAMATIONS National Crime Victim's Rights Week Proclamation California Park and Recreation Society Presentation Temecula Valley Women's Club Presentation Temecula Valley Garden Club Proclamation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 Approve the minutes of February 28, 2004; 2.2 Approve the minutes of March 16, 2004. R:Wgenda\041304 Resolution approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 04- 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 February 27, 2004 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of February 27, 2004. 5 Substitute Agreements and Bonds for Public Improvements in Tract No. 29133 (located east of Ynez Road and north of Santiago Road) RECOMMENDATION: 5.1 Accept substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 29133; 5.2 Accept substitute Subdivision Monument Agreement and Subdivision Monument bond as security for monumentation for Tract Map No. 29133; 5.3 Authorize the release of the existing Faithful Performance and Monumentation Bonds (in the form of Certificate of Deposits) for Tract Map No. 29133; 5.4 Direct the City Clerk to so advise the developer and surety. RECOMMENDATION: 6.1 Approve the temporary street closures for portions of Butterfield Stage Road and Calle Chapos; 6.2 Adopt a resolution entitled: RAAgenda\041304 7 RESOLUTION NO. 04-, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA AUTHORIZING A TEMPORARY STREET CLOSURE FOR PORTIONS OF BUTTERFIELD STAGE ROAD AND CALLE CHAPOS (AS SHOWN ON THE ATTACHED EXHIBITS A AND B) FOR A DURATION OF UP TO 30 DAYS TO ALLOW FOR WATER TRANSMISSION MAIN CONSTRUCTION All -Way Stop Control — Meadows Parkway and Royal Oaks Drive RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL -WAY STOP CONTROL AT THE INTERSECTION OF MEADOWS PARKWAY AND ROYAL OAKS DRIVE Acquisition Agreement for the Community Theatre — Project No. PW02-23 RECOMMENDATION: 8.1 Approve and authorize the City Manager to execute in substantially the form attached hereto the Purchase and Sale Agreement between City of Temecula and Dennis G. and Patricia A. Munyon Family Trust for the acquisition of certain real property in the amount of $107,000.00 plus the associated escrow fees; 8.2 Direct the City Clerk to record the document; 8.3 Adopt a resolution entitled: RESOLUTION NO.04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 R:\Ngenda\041304 Approval of Plans and Specifications and authorization to Solicit Construction Bids for Jefferson Avenue Pavement Rehabilitation —Phase II —from approximately 650 feet south of Overland Drive to Rancho California Road — PW02-26 RECOMMENDATION: 9.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Jefferson Avenue Pavement Rehabilitation — Phase 11 from approximately 650 feet south of Overland Drive to Rancho California Road; Project No. PW02-26. 10 Professional Services Agreement for Geotechnical and Material Testing Services — LOR /"�,...a....L...:...J l]..... 1— o....L..... ^ D...L.. — 01% o IIA Q+ arm ilr.in Imnrnxmmnnfc — RECOMMENDATION: 10.1 Approve an agreement with LOR Geotechnical Group, Inc. in an amount not to exceed $78,690.00 to provide as needed geotechnical and material testing services for the Pechanga Parkway Phase IIA Storm Drain Improvements - Project No. PW99-11 SD - and authorize the Mayor to execute the agreement; 10.2 Authorize the City Manager to approve amendments to the agreement not to exceed the contingency amount of $7,869.00, which is equal to 10% of the agreement amount. 11 Award the Construction Contract for Proiect No. PW04-03 - Slurry Seal Project — FY 2003-2004 RECOMMENDATION: 11.1 Award a construction contract for Project No. PW04-03 Slurry Seal Project, FY 2003-2004, to American Asphalt South, Inc. in the amount of $515,669.89 and authorize the Mayor to execute the contract; 11.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $51,566.99, which is equal to 10% of the contract amount. 12 Implementation of Geographic Information Systems (GIS)/Global Positioning System (GPS) in Police Vehicles RECOMMENDATION: 12.1 Approve a Pilot Evaluation of GIS/GPS in Police Vehicles. RAAgenda\041304 13 LNG/CNG Fueling Station Funding RECOMMENDATION: 13.1 Designate $150,000 of AB 2766 funds as a cost share toward the public access natural gas fueling station planned at the corner of Diaz Road and Rancho Way; 13.2 Authorize the City Manager to enter into any agreement as deemed necessary with Down's Commercial Fueling and/or State of California on the utilization of AB 2766 funding. 14 Contract Inspection Services for Building and Safety RECOMMENDATION: 14.1 Approve an agreement for consultant services with P & D Consultants to provide supplemental building inspection services to the Building and Safety Department in an amount of $33,000.00; 14.2 Approve a 10% contingency in an amount of $3,300.00. 15 Opposition of AB 3007 (Plescia) Relating to Open Meetings RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING ASSEMBLY BILL 3007 (PLESCIA) WHICH DELETES FROM THE BROWN ACT SUBJECTS THAT MAY BE DISCUSSED IN CLOSED SESSION INCLUDING: REAL PROPERTY NEGOTIATIONS, ANTICIPATED LITIGATION, AND LIABILITY CLAIMS 16 Amendment to Sales Tax Audit Agreement RECOMMENDATION: 16.1 Approve the Fourth amendment to the Sales Tax Consulting Services and Recovery Agreement with Hinderliter De Llamas and Associates for $25,000; 16.2 Appropriate $25,000 in the Finance Department consulting services budget which is funded by increased sales tax revenues; 16.3 Increase the sales tax revenue estimates by $167,000. RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY R:\Agenda\041304 TEMECULA COMMUNITY SERVICES DISTRICT MEETING w+w+++++++r+rrrrrrrwwww+++++++++rrrxx++wwxrxxxxr++xwxww++xx+++rr+xrx+++++++++rrrxw+++++rxx+xxw++++++xxxx+++++++xx Next in Order: Ordinance: No. CSD 2004-01 Resolution: No. CSD 2004-04 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Naggar, Roberts, Stone, Washington PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak' form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak' form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak"form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of March 23, 2004. TCSD Proposed Rates and Charges for FY 2004-2005 RECOMMENDATION: 2.1 Adopt a resolution entitled: R:Wgenda\041304 RESOLUTION NO. CSD 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2004-2005 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, April 20, 2004, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:Wgenda\041304 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 2004-01 Resolution: No. RDA 2004-07 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL: AGENCY MEMBERS: Naggar, Roberts, Stone, Washington, Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form shoulcf be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of March 23, 2004. 2 Sale of Aaencv Prooertv — 27500 Jefferson Avenue RECOMMENDATION: 2.1 Approve an agreement and escrow instructions with Richard and Lisa Schoenfeld, owners of Kia World, for the sale of Agency -owned property at 275000 Jefferson Avenue. AGENCY MEMBERS' REPORTS RAAgenda\041304 ADJOURNMENT Next regular meeting: Tuesday, April 20, 2004, 7:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\041304 10 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARINGS Any person may submit written comments to the City Council before a public hearing or may appear and may be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 17 De Portola Road Planned Development Overlay (PA03-0721) RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A NEGATIVE DECLARATION FOR A GENERAL PLAN AMENDMENT, OFFICIAL ZONING MAP AMENDMENT, AND AMENDMENTS TO THE OFFICIAL ZONING MAP AND MUNICIPAL CODE ADOPTING THE DE PORTOLA ROAD PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT (PLANNING APPLICATION 03-0721) 17.2 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE GENERAL PLAN AMENDMENT FOR PROPERTY LOCATED WEST OF THE INTERSECTION OF DE PORTOLA AND MARGARITA ROADS (PLANNING APPLICATION 03-0721) 17.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO.04- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP AND MUNICIPAL CODE TO INCORPORATE THE DE PORTOLA ROAD PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT (PLANNING APPLICATION NO. 03-0721) 18 Environmental Assessment (EA) 103 —Winchester Road Widening RECOMMENDATION: 18.1 Adopt a Mitigated Negative Declaration for EA-103 —the Winchester Road Widening Project. R:Wgenda\041304 11 COUNCIL BUSINESS 19 Opposition of SB 744 (Dunn) Planning/Housing (At the request of Mayor Naggar and Councilman Stone) RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING ASSEMBLY BILL 744 (DUNN) WHICH TRANSFERS LOCAL LAND USE AUTHORITY TO THE STATE ALLOWING THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) THE AUTHORITY TO OVERRULE LOCAL DECISIONS 20 Veteran's Memorial RECOMMENDATION: 20.1 Approve the Temecula Duck Pond as the location for the installation of the Veteran's Memorial; 20.2 Approve the conceptual Master Plan for the Veteran's Memorial entitled "Letters Home" created by artist Christopher Pardell; 20.3 Approve the agreement between the City of Temecula and the artist Christopher Pardell for the design, artistic development and sculpture elements of the Veteran's Memorial entitled "Letters Home" in an amount of $178,307 with a 10% contingency of $17,831; 20.4 Appropriate an additional amount of $110,435 from General Fund Undesignated Fund Balance to the Veteran's Memorial project. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next adjourned regular City Council meeting, Tuesday, April 20, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:Wgenda\041304 12 PROCLAMATIONS ►9 PRESENTATIONS E „ o � pro u ❑ Cd ~ C Ocn to to t4 to tUC E '� �"" CL ° "al C19 = O N c� G' T U W 'O �l i c m O > O3 � U '' ` o 0 `u ." wo o y o m b° i tom. V O U U ° O\ U w O 'a) rz ID 7 cOd w O N ,n � o a, ❑ ° 3 a o a� o U Cd %M U �' T 0. T ,cl V ,mod "" •��' .4 �O N O U 'C 2 O Grp 'O Wd Wd a Wd � � Wd � fY W W a W b 3 3 a 3 c° 3 0 0 3 ti z It O U U U ITEM 1 ITEM 2 MINUTES OF A SPECIAL MEETING OF THE TEMECULA CITY COUNCIL FEBRUARY 28, 2004 The City Council convened in a Special Open Session at 12:31 P.M., on Tuesday, February 28, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 4 Councilmembers: Comerchero, Roberts, Stone, and Naggar Absent: 1 Councilmember: Washington ALLEGIANCE The flag ceremony was presented by Mayor Pro Tern Comerchero. PUBLIC COMMENTS No public comments. CITY COUNCIL REPORTS No City Council reports. COUNCIL BUSINESS 1 Senate Bill 87 — Relinquishment of State Route 79 North/South RECOMMENDATION: 1.1 Adopt a resolution entitled: RESOLUTION NO. 04 - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING SENATE BILL 87 STATE ROUTE 79 HIGHWAY RELINQUISHMENT AND OPPOSING AMENDMENTS THAT WILL PLACE LIMITS OR IMPOSE RESTRICTIONS ON THE CITY OF TEMECULA TO PROPERLY CONTROL, OPERATE, AND MAINTAIN STATE ROUTE 79 UNDER THE CITY'S JURISDICTION City Manager Nelson provided a detailed overview of this issue, noting the following • That in November 2002, the City Council directed staff to pursue the relinquishment of both the State Highways within City boundaries from the State of California to the City of Temecula • That the main purpose for this request would be so that the City could inject local control over operations/maintenance, including traffic signal maintenance and coordination • That Senator Hollingsworth had agreed to carry this legislation to the State legislature RAMinutes\022804 • That once the Senate Bill were approved, a cooperative agreement between Caltrans and the City would be negotiated and, at which time, final approval from the California Transportation Commission would be obtained • That this process began in January 2003; that in September 2003, the bill was approved by the Assembly and then by the Senate; that the day it was to be signed by the Governor, the bill was pulled by Senator Hollingsworth; that the City had found out the bill was being pulled on the very last day of last year; and that by pulling this bill, it would rescind both the Assembly and State approvals • That at a subsequent City Council public meeting, Senator Hollingsworth had stated that he had received complaints from property owners adjacent to the Bedford Court traffic signal and as a result, he chose not move this bill forward until the issues related to that particular traffic signal were discussed and addressed with the adjacent property owners • That at that time, it was agreed that Councilman Roberts would serve as the liaison to Senator Hollingsworth and the property owners in an effort to resolve the outstanding issues as it related to the Bedford Court signal • That two subsequent meetings were held; that at the first meeting, District No. 8 Director Mayer confirmed that Caltrans would be the final decision -making authority as it relates to the future of the Bedford Court traffic signal regardless of whether the City or the State were to control the highways; that the ultimate and final determining factor lies with the State of California and Caltrans • That at the second and final meeting on December 9, 2003, it was agreed that Mr. Moromarco, adjacent property owner to the Bedford Court intersection, would prepare a traffic study related to the Bedford Court and SR 79 south corridor; and that the results of that study would be submitted to Caltrans and the City of Temecula • That the City had agreed that it would support any final decision made by Caltrans with respect to the future of the Bedford Court traffic signal based upon the results of that study; that based upon the City's agreement, Senator Hollingsworth stated that he would submit SB 87 to the State legislature on January 5, 2004 as an urgency bill, believing that it would become law as of January 31, 2004; that at no time, was there any discussion of amendments to the bill, making it contingent upon a 1995 MOU • That on October 3, 2003, an e-mail was received from Greg Hurner of Senator Hollingsworth office, conveying that the bill along with the amendments had been submitted to the Assembly Transportation Committee the week of September 22, 2003; that the amendments included the urgency clause as well as a correction to Butterfield Stage Road which was referenced in the current version of the bill; and that those were the only amendments • That in January 2004, staff correspondence with Greg Hurner reflected reassurance that the bill was moving forward and would be approved by the end of January • That on February 10, 2004, by way of a phone call from Greg Hurner, the City was apprised that another amendment would be added to SB 87, making the relinquishment contingent upon the 1995 MOU between the City and Caltrans • That a MOU is a basic agreement which establishes a framework and which would then be ultimately adopted by a subsequent formalized final agreement; that additional studies were to be prepared to make that 1995 MOU valid and substantiated; that those studies were never completed; that in the City's and Caltrans' opinion, the 1995 MOU is a completely invalid document which has not been substantiated; that, therefore, the City would not support the use of such a document to make decisions on the corridors along SR 79 south and north; that since 1995, a tremendous amount of changes have occurred in this City and along these corridors; that the City has deviated at least six different times on ingress and egress points along those two corridors since 1995 • That the City Attorney has serious concerns about the 1995 MOU and tying it to any type of relinquishment because, in his opinion, it will potentially place the City in a more litigious situation as it relates to decisions made along that corridor RAMinutes\022804 • That on February 10, 2004, he was officially informed for the first time that there was another amendment proposed; that on February 13, 2004, he responded to Mr. Hurner and detailed why the City would not support the additional amendment and requested that Senator Hollingsworth and Mr. Hurner move this bill forward as agreed upon at the December 9, 2003, meeting • That five days later, he had received a follow-up response from Mr. Hurner stating that Senator Hollingsworth is requesting the added language to the amendment; that at that time, he had responded by requesting to refer to the previous e-mail which clearly identified the City's position • That on Thursday, February 20, 2004, he had received a phone call from the State lobbyist, informing the City that Senator Hollingsworth continues to intend to submit SB 87 with the City's opposed amendments • That on Friday, February 21, 2004, it had been confirmed after talking with the State lobbyist as well as Vern Lauretzen from Senator Hollingsworth's office that, in fact, SB 87 has been resubmitted to the Assembly Floor with the opposed amendments and as early as Monday, the Senate Assembly may consider this new bill with the amendments; and that, therefore, Mayor Naggar called this special meeting • That on midday February 27, 2004, letters were submitted to the Chair of the Assembly Transportation Committee, Assembly Majority Leader, the Speaker of the Assembly, and the Governor as well as Senator Hollingsworth, stating support of the original SB 87 bill approved but not signed in 2003 and reiterating strong opposition to the amendment that ties the relinquishment to the 1995 MOU and further requested that if any bill were to moved forward to the Assembly which has that amendment attached to it, the City could respectfully request that the bill be referred to the Assembly Transportation Committee to allow the City of Temecula the opportunity to publicly comment on that amendment • That staff would be recommending that the City Council adopt the proposed resolution, outlining the City Council's position as it relates to the opposition of the amendment connected to the 1995 MOU and that if approved by the City Council, staff will directly fax those amendments, after today's meeting, to the appropriate contacts. For Councilman Roberts, City Manager Nelson confirmed that that City, as of late yesterday, had not received the actual amendment. If SB 87 were submitted with the amendments referencing the 1995 MOU, City Attorney Thorson noted, for Councilman Stone, that it would affectively tie Caltrans' hands to be the determining factor on whether a signal anywhere along SR 79 may be removed; that even if the relinquishment were approved, Caltrans will continue to have some jurisdiction over the Bedford Court signal because of its proximity to the off -ramp and the potential for delays and congestion on the freeway if the area around the on/off ramps were not properly regulated; that the proposed amendment would require that any changes on SR 79 be consistent with the MOU, which would raise the MOU to a final agreement and become part of the statute; that the terms of that MOU would become the baseline, making it very difficult for the City to make any changes even if the City's traffic study were to indicate a change were warranted; and that the terms outlined in the MOU are not precise enough to create a clear-cut set of standards for SR 79. Advising that in the past two weeks, there have been three fatalities on SR 79, Public Works Director Hughes, for Councilman Stone, noted that the City could accomplish the needed improvements along SR 79 south and north more expeditiously than if the highways were in Caltrans' control; that a median is in design; that the median would be designed to local City standards; that although unsubstantiated, had the median been constructed, the recent accident due to an illegal U-turn could have been prevented, noting the other accident was a driver impairment issue. If the City were to take control of these highways, Mr. Hughes advised that R:\Minutes\022804 Caltrans would save approximately $150,000 to $200,000 annually on maintenance costs, not including legal and liability obligations; that if the amendments were accepted with the MOU, the City would still have to adhere to the bureaucratic process of Caltrans and the ability to expedite projects will not be feasible. Although no response had been received, City Manager Nelson advised that Senator Hollingsworth had been invited to this meeting. Being of the opinion that the last accident with two fatalities would not have occurred had the highway been under the City's control because a median would have been constructed, Councilman Roberts stated that the City's control would expedite the construction of this center median. Mr. Nelson echoed that the issue at hand is a health and safety issue. At this time, Mr. Nelson advised that he had just been handed a fax, received late yesterday, from Senator Hollingsworth office with regard to the proposed amendments. Referencing verbiage from the 1995 MOU, Public Works Director Hughes, for Mayor Naggar, stated that a cooperative agreement was not entered into within 12 months of the November 13, 1995 MOU; that to his understanding this MOU was solely a guide; and that Caltrans as well does not view, at this point in time, the MOU as binding. Reiterating that as of today, the City is not bound by this MOU, City Attorney Thorson advised that if the bill were passed with the amendments, the MOU could bind the City, elevating the MOU from a non -binding, expired document to a State statute; and that prior to the completion of any improvements, the City would study the issue and, therefore, would have a basis for determining what improvements may be necessary. Addressing the public safety issue associated with the passage of this bill, Mr. Darrell Connerton, 31618 Corte Rosario, Chairman of the Public Traffic Safety Commission, expressed concern with the passage of SB 87 with the proposed amendments and commented on the recent fatalities along SR 79. Questioning the motifs of the parties involved, Mr. Chris Pedersen, 31052 Wellington Circle, viewed the actions of the Senator as extortion, noting that the City's motif would be in the best interest of the citizens and that the Senator's motif would be to protect a major campaign contributor's property in spite of the impact on public safety. Mr. Pedersen urged the City Council to insist on the passage of SB 87 as originally proposed. Noting that Senator Hollingsworth has repeatedly demonstrated dishonesty and bad faith in his dealings with the City, Mr. Paul Jacobs, 3230 Corte Zamora, stated that despite on -going negotiations and agreements between the City and Senator Hollingsworth's office, the Senator has proven to be untrustworthy in conducting this piece of public business, stating that by pulling SB 87 in response to the concerns of a few business acquaintances, demonstrates the Senator's inability to understand the basic language of government negotiation or the importance of acting for the greater good of the community over the concerns of a few influential business owners. Advising that public safety would as well be a concern of his, Mr. Andy Domenigoni, 31851 Winchester Road, noted that property rights would be another concern of his, advising that the property owners had never been informed that the traffic signal may be removed. Mr. Domenigoni stated that although he would have no objection with the City taking control of SR 79 and making the necessary improvements, Mr. Domenigoni advised that the 1995 MOU was RAMinutes%022804 4 a handshake deal; that a traffic study is being completed; and that he would support the amendments proposed by Senator Hollingsworth to protect property rights to small businesses. To further clarify the issue to Mr. Domenigoni, Councilman Stone reiterated that if the City were to take control of the highway, the City would have no control over the disposition or the improvements of the signal; emphasized that the City has made public safety a top priority and, therefore, would be desirous of this relinquishment in an effort to construct the needed medians; confirmed that if the traffic study were to reflect that the Bedford Court signal must remain to protect the health and safety of the residents, the City Council would unanimously urge Caltrans to not remove the signal; and noted that Caltrans has the ultimate authority over this signal. Viewing himself also as a property rights' advocate, Mayor Naggar stated that, in his opinion, no inherent property rights exist to retain this traffic signal. City Manager Nelson reiterated that the passage of SB 87 has nothing to do with the disposition of the Bedford Court traffic signal; that Caltrans has final authority as it relates to this signal; that the City will agree with the results of the traffic study; and requested that Senator Hollingsworth withdraw the opposed amendments, which are not recognized by Caltrans, and move the bill forward. City Attorney Thorson further clarified that the 1995 MOU would not be limited to the signal at Bedford Court and SR 79 south, noting that it would cover every signal and access point on both SR 79 south and north. Disappointed with the City Council's actions regarding this matter, Mr. Bob Kowell, 40820 Vista Murrieta, Murrieta, stated that the City has a political agenda and, therefore, has chosen to take these actions. At this time, Mayor Naggar closed the public comment period As the City Council liaison and after two meetings in an effort to resolve this issue with Senator Hollingsworth, Councilman Roberts reiterated a previously made comment, noting that there was as well a handshake deal with Senator Hollingsworth regarding carrying this bill as an urgency bill in January 2004 and expressing his disappointment with Mr. Hollingsworth not following through with his commitment. Conceding that public safety should be everyone's priority, Mayor Pro Tern Comerchero, therefore, stated that there should be absolutely no reason to not support the passage of this bill without the proposed amendments unless there be an agenda contrary to what would be best for the citizens of this City. In closing, Mr. Comerchero stated that the City has no Senate representation. In his closing comments, Councilman Stone noted the following • That the passage of this bill would protect the health and safety of residents and visitors • That it would enhance vehicular circulation by completing improvements to the highways • That it would benefit the State of California • That if the traffic study were to reflect that the signal must remain for the health and safety of the motorists, the Council would encourage Caltrans to retain the signal • That the opposed amendments convolute the agreement. Supporting the adoption of the proposed resolution, Mr. Stone as well requested that the Council consider the placement of signs throughout the City at various intersections which link RAMinutes\022804 to SR 79 with the following verbiage from the Mayor and Councilmembers: Future road improvements to stop carnage on this State Highway 79 north and south are being politically stalled by Senator Dennis Hollingsworth. Please call Senator Hollingsworth to urge him to allow the City to take unrestricted control of this highway to improve it and to immediately stop this dangerous highway through our City. Because this meeting is a special meeting and because the agenda of this special meeting did not include the placement of signs, City Attorney Thorson advised that the City Council may not take action on this matter but that it may be agendized for a future meeting. Mayor Pro Tern Comerchero requested that additional verbiage be added to the proposed resolution reflecting that the City Council had met in special session to take the recommended action. MOTION: Councilman Stone moved to approve staff recommendation with the addition of the recommended language as requested by Mayor Pro Tern Comerchero (see above). The motion was seconded by Councilman Roberts. After additional discussion, this motion ultimately passed; see below. At this time, City Clerk Jones read into the record written communication from Councilman Washington, relaying his support of SB 87 and his opposition to any amendments which would impose restrictions on the City to properly control, operate, and/or maintain State Route 79 under the City's jurisdiction. Emphasizing the City's desire to take the appropriate measures to ensure public health, safety, and welfare, Mayor Naggar echoed that the ultimate authority of this signal will lie with Caltrans, noting that the City will support whatever the traffic study and Caltrans will request; stated that the Bedford Court traffic signal will always be under the purview of Caltrans because of its close proximity to the freeway; and questioned why Senator Hollingsworth involved himself in local land use issues, referencing special interest. Commenting on the amount future traffic that will be traveling past the businesses in this area, Mr. Naggar noted that he would not envision a net loss to the center. In closing, Mr. Naggar advised that this item would be reagendized for the March 16, 2004, City Council meeting. At this time, the electronic vote for the previously made motion reflected approval with the exception of Councilman Washington who was absent. CITY MANAGER'S REPORT No additional comment. CITY ATTORNEY'S REPORT No comment. RAMinutes\022804 ADJOURNMENT At 1:44 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, March 16, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CIVIC City Clerk [SEAL] R:\Minutes\022804 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MARCH 16, 2004 The City Council convened in Closed Session at 6:00 P.M. and in Open Session at 7:00 P.M., on Tuesday, March 16, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 5 Councilmembers Absent: Councilmember: Comerchero, Roberts, Stone, Washington, and Naggar None Mayor Naggar congratulated newly elected Supervisor Elect Stone. Although the Redhawk Annexation will not be final until 2005, Mr. Naggar welcomed the Redhawk residents to the City of Temecula. Advising that Senator Hollingsworth's office has accepted proposed language by the City, this matter will be continued to the March 23, 2004, City Council meeting. PRELUDE MUSIC The prelude music was provided by the Musician's Workshop Youth Choir — Esther Dernbach, Director. INVOCATION The invocation was given by Pastor Larry Fisher of First Baptist Church of Temecula. ALLEGIANCE The flag ceremony was presented by Boy Scout Troop No. 412. PRESE NTATI O NIPROCLAMATIONS Certificate of Achievement for attaining Eagle Scout rank — Brendan Paul Lopez Describing his Eagle Scout project to the Council and viewing public, Mr. Brendan Lopez, with appreciation, accepted the Certificate of Achievement. PUBLIC COMMENTS A. Appreciating the City Council for granting the Musician's Workshop Youth Choir to perform this evening, Mr. Jon Laskin, 22727 Blueberry, Wildomar, thanked the City for its continued support and cooperation and briefly highlighted upcoming programs. B. Mr. Don Jones, 31921 Camino Marea, President of the Chaparral High School Education Foundation, apprised the viewing public of the Annual Spring Community Parking Lot Swap Meet and Craft Fair on Saturday, March 20, 2004, from 7:00 A.M. to 2:00 P.M. Commenting on the Foundation's goal to enrich and expand educational experience by disbursing several college/vocational scholarships to graduating seniors, Mr. Jones advised that all fees collected will be allocated to the scholarship fund and will be disbursed to the students in May. R:\Minutes\031604 C. In an effort to apprise the public of its location, Mr. Otto Baron, 28681 Pujol Street, commented on the need for additional signage for the Temecula Museum. CITY COUNCIL REPORTS A. Councilman Washington as well congratulated Supervisor Elect Stone on his recent accomplishment. Advising of the recent formation of the Western Riverside County Regional Conservation Agency, Mr. Washington noted that this Board will be given the responsibility to oversee the Multi Species Habitat Conservation Plan; that this Board will be meeting in the County Board Chamber on the first Monday of every month at 1:00 P.M.; that he has been appointed as the City Council representative; and advised that the WRCOG meetings are as well held in Riverside versus Moreno Valley. B. As a member of the Indian Gaming Local Community Benefit Committee (SB 621), Councilman Roberts noted that the City's Indian Gaming Distribution Fund grant application has been submitted to Pechanga, clarifying that potential funds received by the City would be utilized to mitigate impacts created by the casino. Commending Senior Management Analyst Adams on his effort in identifying $150,000 through AB 2766 Subvention Funds, Councilman Roberts advised that the City, through these funds, has sufficient funds to start the construction of a CNG Fueling Station. C. Also commending Senior Management Analyst Adams on a job well done, Mayor Pro Tern Comerchero noted that the construction of a CNG Fueling Station in the City would provide Riverside Transit Authority with more route flexibility, considering buses use CNG. Advising that the U.S. Fish and Wildlife Service will be issuing a take permit, with regard to the Multi Species Habitat Conservation Plan, by the end of May, Mr. Comerchero noted that once the permits are issued, the implementation of the Plan may commence. Echoing his fellow Councilmembers, Mr. Comerchero as well congratulated Councilman Stone on his recent election to the Board of Supervisors. In closing, Mr. Comerchero welcomed Mr. and Mrs. Elton and Jean Ward to the meeting and wished them a Happy 64th Wedding Anniversary. D. Sharing his victory to the Board of Supervisors with his fellow Councilmembers and City staff, Councilman Stone commented on his campaign message — stop out of control growth, enhance public safety, and spend citizens' monies wisely. Noting that this will be the first time in this area's history to have representation on the Board of Supervisors, Mr. Stone relayed his desire for an affective partnership between the City and the County; thanked the citizens for their support and vote; and advised that he will be an accessible Supervisor. Relaying his delight with the growing Summer Months Activities and Recreation in Temecula (S.M.A.R.T.) Program, Mr. Stone requested that a S.M.A.R.T. Program presentation be made at a May City Council meeting. For Mr. Stone, Community Services Director Parker advised that this program will be listed the next Community Services Department brochure. R:\Minutes\031604 2 City Manager Nelson informed the Council that this program will be extended, this summer, to the Redhawk residents. E. Congratulating Mr. Stone on his recent election to the Board of Supervisors, Mayor Naggar stated that it will be a difficult challenge to find the replacement for Councilman Stone. Mr. Naggar questioned whether the Redhawk residents may participate in the Citizen Corps Program, CAP Program, or participate on a Board or Commission prior to July of 2005. In closing, Mr. Naggar welcomed the public to the upcoming State of the City Address on Thursday, March 23, 2004. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of February 10, 2004; 2.2 Approve the minutes of February 24, 2004. 3 Resolution approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 04-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of January 30, 2004. 5 Children's Museum IG 61*111ri1t8I:1OI7`go]Nk 5.1 Approve an appropriation of $170,000 from Capital Reserves to the Children's Museum. RAMinutes\031604 3 Children's Museum Cooperative Agreement RECOMMENDATION: 6.1 Approve the Cooperative Agreement between the City of Temecula and Friends of the Temecula Children's Museum for the support of the Temecula Children's Museum and operation of the Children Museum Gift Shop; 6.2 Approve the Children's Museum Logo and Images License Agreement. Eden Software Support Agreement RECOMMENDATION: 7.1 Authorize the purchase of annual Financials and Payroll Software Support from Eden Systems, Inc. for the total amount of $25,415.25. 8 Purchase and Sale Agreements for property located in Old Town RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 04-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR CERTAIN REAL PROPERTY LOCATED ALONG THE NORTH SIDE OF MAIN STREET, EAST OF MERCEDES (APN 922-032-021, -022, AND -028) IN THE CITY OF TEMECULA 8.2 Adopt a resolution entitled: RESOLUTION NO. 04-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR CERTAIN REAL PROPERTY LOCATED ALONG THE EAST SIDE OF MERCEDES NORTH OF SECOND STREET (APN 922-042-007) IN THE CITY OF TEMECULA 8.3 Authorize the expenditure in an amount not to exceed $723,000 for acquisition, escrow, closing costs, appraisal, soils testing, and related fees. RAMinutes\031604 P RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 04-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE OF THIRD STREET BETWEEN OLD TOWN FRONT STREET AND MURRIETA CREEK FOR THE ANNUAL OLD TOWN BLUEGRASS FESTIVAL EVENT SCHEDULED FOR MARCH 21 AND 22, 2004, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 10 Amendment No. 2 to Annual Citywide Routine Maintenance Contract =401L1FilIT, l4ilU711renk 10.1 Approve Amendment No. 2 to the Annual Citywide Routine Maintenance Contract with Imperial Paving Company, Inc. for an amount of $50,000.00 and authorize the Mayor to execute the amendment. 11 All -Way Stop Control — La Serena Way and Meadows Parkway 12 RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 04-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL -WAY STOP CONTROL AT THE INTERSECTION OF LA SERENA WAY AND MEADOWS PARKWAY RECOMMENDATION: 12.1 Ratify the PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF TEMECULA AND ERNEST JOE AND ETHYL B. JUBELA FAMILY TRUST for the acquisition of certain real property APN 910-262-004 in the amount of $662,545.00 plus the associated escrow fees and supercede the originally approved agreement in the amount of $611,580.00. RAMinutes\031604 13 14 RECOMMENDATION: 13.1 Accept the construction of the Intersection Traffic Monitoring System and Traffic Signal Interconnect — Project No. PW99-05 — as complete; 13.2 File the Notice of Completion, release the Performance Bond, and accept a one- year Maintenance Bond in the amount of 10% of the contract amount; 13.3 Release the Materials and Labor Bond seven months after the filing of the Notice of Completion if no liens have been filed. RECOMMENDATION: 14.1 Ratify the payment of back property taxes on the Business Park Drive property south of City Hall (APN 921-020-079-6) in the amount of $114,562.25. 15 Revised Deposit Agreement — Proposed Roripaugh Ranch Community Facilities District RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 04-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AMENDED AND RESTATED DEPOSIT/REIMBURSEMENT AGREEMENT — RORIPAUGH RANCH MOTION: Councilman Washington moved to approve Consent Calendar Item Nos. 1-15. Councilman Stone seconded the motion and voice vote reflected approval with the exception of Councilman Roberts who abstained on Item No. 2.1 and Mayor Pro Tern Comerchero who abstained on Item Nos. 5 and 6. With respect to Item No. 6, City Attorney Thorson read the following statement into the record: Item No. 6 on the Consent Calendar is the approval of a Cooperation Agreement and a Logo Licensing Agreement between the City of Temecula and the Friends of the Temecula Children's Museum. Councilmember Jeff Comerchero's wife, Patricia Comerchero, is the President of the Board of Directors of the Friends of the Temecula Children's Museum. The City has received confirmation that the Friends is a non-profit corporation and that Ms. Comerchero does not receive any salary, income, or compensation for her service on the Board of Directors. Additionally, Mr. Comerchero will not participate in the discussion of these agreements nor in the vote on them. Therefore, these two agreements are legal under Government Code Section 1090, et seq., provided that: RWinutes\031604 (1) this disclosure is read into the record of the proceedings and made a part of the minutes of the Council meeting where they are approved; and (2) that neither Mr. Comerchero nor Ms. Comerchero serves as the contact person for the Board to the City in the implementation or modification of these agreements, however both are free to fully serve on the Board and participate in all Board and Friends activities with respect to the Children's Museum. COUNCIL BUSINESS Item Nos. 16 -18 were considered together. 16 RECOMMENDATION: 16.1 Hold a public hearing and take testimony from the members of the Rancho California Business Park Association or their representatives if they ask to be heard on issues A, B, C, and D set forth below regarding the proposed acquisition of the Covenants, Conditions, and Restrictions by condemnation for street improvement, road, and highway purposes in connection with the proposed Diaz Road Realignment Project; 16.2 Review the evidence stated and referred to herein and consider all the evidence, including any testimony received during the public hearing, prior to deciding whether to adopt a Resolution of Necessity; If the City Council finds, based on its consideration of the evidence contained and referred to in this staff report, the testimony and comments received during the public review and planning process, all other testimony that may be presented, and all other evidence and records pertaining to this matter, that the evidence warrants the necessary findings as to the proposed Resolution of Necessity, then staff recommends that the City Council, in the exercise of its discretion, and upon taking a separate vote on each proposed resolution: 16.3 Adopt a Resolution of Necessity and authorize and direct that eminent domain proceedings be filed to acquire the subject encumbrances; RESOLUTION NO. 04-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE REALIGNMENT OF DIAZ ROAD R:wlinutes\031604 17 18 RECOMMENDATION: 17.1 Hold a public hearing and take testimony from the property owners or their representatives if they ask to be heard on issues A, B, C, and D set forth below regarding the proposed acquisition of the Morter Family Trust Property by condemnation for street improvement, road, and highway purposes in connection with the proposed Diaz Road Realignment Project; 17.2 Review the evidence stated and referred to herein and consider all the evidence, including any testimony received during the public hearing, prior to deciding whether to adopt a Resolution of Necessity; If the City Council finds, based on its consideration of the evidence contained and referred to in this staff report, the testimony and comments received during the public review and planning process, all other testimony that may be presented, and all other evidence and records pertaining to this matter, that the evidence warrants the necessary findings as to the proposed Resolution of Necessity, then staff recommends that the City Council, in the exercise of its discretion, and upon taking a separate vote on each proposed resolution: 17.3 Adopt a Resolution of Necessity and authorize and direct that eminent domain proceedings be filed to acquire the subject property; RESOLUTION NO. 04-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE REALIGNMENT OF DIAZ ROAD RECOMMENDATION: 18.1 Hold a public hearing and take testimony from the property owners or their representatives if they ask to be heard on issues A, B, C, and D set forth below regarding the proposed acquisition of the Massie Family Trust Property by condemnation for street improvement, road, and highway purposes in connection with the proposed Diaz Road Realignment Project; 18.2 Review the evidence stated and referred to herein and consider all the evidence, including any testimony received during the public hearing, prior to deciding whether to adopt a Resolution of Necessity; If the City Council finds, based on its consideration of the evidence contained and referred to in this staff report, the testimony and comments received during the public review and planning process, all other testimony that may be presented, and all other evidence and records pertaining to this matter, that the evidence warrants the necessary findings as to the proposed Resolution of Necessity, then staff recommends that the City Council, in the exercise of its discretion, and upon taking a separate vote on each proposed resolution: RAMinutesk031604 18.3 Adopt a Resolution of Necessity and authorize and direct that eminent domain proceedings be filed to acquire the subject property; RESOLUTION NO. 04-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE REALIGNMENT OF DIAZ ROAD Advising that Mayor Pro Tern Comerchero, Councilman Roberts, and City staff had met with the associated property owners, Public Works Director Hughes reviewed the staff report (as per agenda material), noting the following: • That to address property owner Massie's concern with regard to the loss of a left -turn movement off realigned Diaz Road into the property's single driveway, a second driveway may be feasible further south along the realigned Diaz Road with right in and right out access • That with regard to concerns raised by the Massie Trust, a resolution would be anticipated which would be discussed in open session for a settlement • That with regard to the Fee owner (Morter), the property owner was pleased with the City's efforts • That with regard to the Rancho California Business Park Association, a proposal was submitted by the Association for settlement with regard to a portion of the issues involved • That although unresolved issues remain and continued negotiations will be necessary, encouraged a resolution will be forthcoming. Mr. David Beckman, 28835 Single Oak Drive, noted the following: • That 50% of the properties which will be negatively impacted with this realignment are owned by him • That it is difficult to obtain ingress/egress along Single Oak Drive • That the new parcel created with the realignment of Diaz Road has no provision for a sidewalk • That although measures need to be taken, the proposed measures will have an impact on the Business Park • That a signal at the upper part of Business Park Drive would be necessary to alleviate congestion which will further devalue the properties. Mr. Peter Racobs, 6670 Alessandro, Suite B, Riverside, attorney representing the Rancho California Business Park Association, reiterated that the City Council will not be able to make one of the four findings required by law in order to proceed with this condemnation — that an offer has been made to the owners of the CC&Rs of the Business Park Association. In response to Mayor Naggar, City Attorney Thorson clarified that adequate notice was given with regard to the purchase of these properties and that negotiations will continue in an effort to resolve noted concerns. Public Works Director Hughes advised that new sidewalks would be installed along the realigned Diaz Road along the west side and that the remnant parcel, when sold by the City, will be conditioned to install sidewalks. R \Minutes\031604 Having met with the associated property owners since the Council last met, Mayor Pro Tem Comerchero relayed his support of the proposed recommendation. Echoing Mayor Pro Tem Comerchero's comments, Councilman Roberts expressed support of the proposal but continued to express concern with the U-turn at Rancho Way. In response to Councilman Washington, Public Works Director Hughes advised that a traffic signal would not be warranted at the upper intersection of Business Park Drive; that access issues are being mitigated with the project; and that the proposed movement changes will provide safer movements into Mr. Beckman's properties. In order for the City to recruit more businesses to the Industrial Park area, Councilman Stone commented on the need for proper ingress/egress for the Business Park; noted that it would be in the public's best interest to proceed with this project; and advised that negotiations will continue. City Attorney Thorson read the resolution by title only. MOTION: Councilman Stone moved to adopt Resolution No. 03-32. The motion was seconded by Mayor Pro Tem Comerchero and voice vote reflected unanimous approval. City Attorney Thorson read the resolution by title only. MOTION: Councilman Stone moved to adopt Resolution No. 03-33. The motion was seconded by Mayor Pro Tem Comerchero and voice vote reflected unanimous approval. City Attorney Thorson read the resolution by title only. MOTION: Councilman Stone moved to adopt Resolution No. 03-34. The motion was seconded by Mayor Pro Tem Comerchero and voice vote reflected unanimous approval. 19 Status Update - Senate Bill 87 (Hollingsworth) (At the request of the entire City Council) RECOMMENDATION: 19.1 Provide direction to the City staff regarding Senate Bill 87 (Hollingsworth). An oral update will be provided to the City Council at the meeting. It was previously noted by Mayor Naggar that this item will be continued to the March 23, 2004, City Council meeting. CITY MANAGER'S REPORT Advising that students from Chaparral High School will be filming the State of the City Address, City Manager Nelson noted that the event will be broadcast on Adelphia (Channel 28) at a later date, noting that the dates and times will be provided to the Press and will be posted on the Website. Inviting the public to attend the State of the City, Mr. Nelson advised that the event will be on Thursday, March 23, 2004, at Pechanga, at 8:00 A.M. and that tickets are still available at the Chamber of Commerce. RAMinutes\031604 10 CITY ATTORNEY'S REPORT With regard to Closed Session Item No. 1, City Attorney Thorson advised that the real property matters were approved, earlier in the meeting, in Open Session and with regard to Item Nos. 2 — 5 (negotiations for real property and litigation), the City Council provided direction to staff to pursue those negotiations but that there were no actions to report under the Brown Act. Mr. Thorson as well noted that Mayor Pro Tern Comerchero was not present for any items considered in Closed Session. ADJOURNMENT At 8:48 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, March 23, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CIVIC City Clerk [SEAL] RAMinutes\031604 11 ITEM 3 RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $4,751,371.32. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 13`h day of April, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] RJResos 2004/Resos 04- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 04-_ was duly adopted at a regular meeting of the City Council of the City of Temecula on the 13`h day of April, 2004 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2004/Resos 04- CITY OF TEMECULA LIST OF DEMANDS 03/18/04 TOTAL CHECK RUN: 03/25/04 TOTAL CHECK RUN: 04/01/04 TOTAL CHECK RUN: 03/25/04 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 04/13/04 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERALFUND $ 3,106,898.76 165 RDA DEV-LOW/MOD SET ASIDE 16,580.06 190 COMMUNITY SERVICES DISTRICT 176,147.87 192 TCSD SERVICE LEVEL B 40,243.71 193 TCSD SERVICE LEVEL C 45,148.64 194 TCSD SERVICE LEVEL D 589.14 210 CAPITAL IMPROV PROJECT FUND 881,425.96 261 CFD 88-12 ADMIN EXPENSE FUND 4,445.05 271 HARVESTON CFD 01-2 IMPROVEMENT FUND 2,725.00 280 REDEVELOPMENT AGENCY -CIP PROJECT 46,350.39 300 INSURANCE FUND 11,917.68 320 INFORMATION SYSTEMS 70,457.42 330 SUPPORTSERVICES 8,884.25 340 FACILITIES 18,923.93 475 WOLF CREEK CFD 2003 1,327.25 001 GENERAL FUND 224,992.07 165 RDA DEV-LOW/MOD SET ASIDE 6,226.26 190 COMMUNITY SERVICES DISTRICT 56,179.93 192 TCSD SERVICE LEVEL 8 108.62 193 TCSD SERVICE LEVEL C 5,272.11 194 TCSD SERVICE LEVEL D 793.40 280 REDEVELOPMENT AGENCY -CIP PROJECT 2,506.73 300 INSURANCE FUND 1,037.30 320 INFORMATION SYSTEMS 19,688.31 330 SUPPORTSERVICES 2,799.21 340 FACILITIES 5,702.27 PREPARED BY RETA TOTAL BY FUND: SPECIALIST $ 499,078.40 3,428,914.58 498,072.13 325,306.21 $ 4,751,371.32 $ 4,426,065.11 325,306.21 $ 4,751,371.32 THAT THE FOLLOWING IS TRUE AND CORRECT. GENIE RO S, DIRECTOR OF FINANCE ' I , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. SHAM NELSON, CITY MANAGER apChkLst 03/18/2004 11:44:OOAM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 90603 03/18/2004 005126 A E G SOLUTIONS Auto CAD drawing sup CIP Div 107.35 107.35 90604 03/18/2004 004240 AMERICAN FORENSIC NURSES DUI Drug & Alcohol Screening 358.50 358.50 90605 03/18/2004 006463 AMERICAN LANDSCAPE Misc. irrigation repair parks 515.00 515.00 90606 03/18/2004 004022 AMERICAN MINI STORAGE, TE Mar storage lease for unit B109 153.00 Mar storage lease for unit F105 144.00 297.00 90607 03/18/2004 000747 AMERICAN PLANNING ASSOCI Ca I.E. Section/Mbrshp:D.Ubnoske 280.00 Zone Practice Publication 65.00 345.00 90608 03/18/2004 004446 AMERICAN SOCIETY OF CIVIL Renew Membership: A. Attar 185.00 185.00 90609 03/18/2004 004169 ANAHEIM ORANGE COUNTY V 2004 Convention Svcs Directory Ad 1,800.00 1,800.00 90610 03/18/2004 002187 ANIMAL FRIENDS OF THE VALL Feb animal control services 7,250.00 7,250.00 90611 03/18/2004 000101 APPLE ONE, INC. Temp Help PPE 03/06 S. Willis 580.80 Temp Help PPE 02/21 S. Willis 580.80 Temp Help PPE 02128 S. Lee 528.00 Temp Help PPE 03/06 S. Lee 528.00 Temp Help PPE 02/28 S. Willis 522.72 Temp Help PPE 02/28 M. Alexander 116.16 Temp Help PPE 02128 C. Brown 60.80 2,917.28 90612 03/18/2004 001323 ARROWHEAD WATER INC Bottled wtr:PW Maint Crew/West Win 401.12 401.12 90613 03/18/2004 007267 BLOOMER, MONICA Refund:Gymnastics:Gymstars/Tert2 60.00 60.00 90614 03/18/2004 006721 BOISE CASCADE OFFICE Delivery & Installation Furniture 234.43 234.43 90615 03/18/2004 006908 C C & COMPANY INC Clown Family Fun Night 3/19/04 112.50 112.50 90616 03/18/2004 005660 CALIF EMS AUTHORITY Paramedic Lic Renewal R. Nugent 130.00 130.00 90617 03/18/2004 004556 CALIF PLANNING & DEVEL REP Annual subscr:CP&DR:#2070 249.00 249.00 90618 03/18/2004 002520 CALIF T'S SCREENPRINTING Temecula Citizen Corps Shirts 176.71 176.71 Page:1 apChkLst 03/18/2004 11:44:00AM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 90619 03/18/2004 004896 CAPLINGER, DENNIS F. EnMmmnt:3/20-21 Blue Grass Festival 3,500.00 3,500.00 90620 03/18/2004 000131 CARL WARREN & COMPANY I Claim adjuster services 253.71 253.71 90621 03/18/2004 002534 CATERERS CAFE TCSD Budget workshop 50.59 50.59 90622 03/18/2004 006660 CMTA CMTA Conf 4/19-23 K. Grance 290.00 290.00 90623 03/18/2004 001193 COMP U S A INC IS Unformatted tapes 1,583.99 Replacement lamp projector 390.03 IS computer supplies 239.62 2,213.64 90624 03/18/2004 007179 COMPUTER SERVICE COMPAN Feb Traffic Signal Maintenance 7,088.57 Jan Traffic Signal Maintenance 6,904.48 13,993.05 90625 03/18/2004 003986 COZAD & FOX INC Feb Ldscp Design:Pechanga Pkwy 2,800.00 2,800.00 90626 03/18/2004 003272 DAISY WHEEL RIBBON GIS supplies 1,709.86 1,709.86 90627 03/18/2004 007479 DOMINGUEZ, LUCY Refund:Photographing your kids 50.00 50.00 90628 03/18/2004 001669 DUNN EDWARDS CORPORATI Graffiti removal supplies 205.16 205.16 90629 03/18/2004 001380 E S I EMPLOYMENT SERVICES Temp Help PPE 03105 D. Kanigowski 1,333.33 Temp Help PPE 03/05 R. Gutierrez 1,192.80 2,526.13 90630 03/18/2004 007364 EMED COMPANY INC Sign holders for emerg exit plans 120.52 120.52 90631 03/18/2004 003665 EMERITUS COMMUNICATIONS Feb long distance phone svcs 66.27 66.27 90632 03/18/2004 002939 ENVIRONMENTAL SYSTEMS R ESRI Maint. for GIS Division 12,737.88 12,737.88 90633 03/18/2004 006487 EUROPEAN CAFE & VINEYARD Refreshments volunteer recognition 146.97 Refreshments budget meeting 31.25 178.22 90634 03/18/2004 007486 EYERMAN, KIRSTEN Refund:TemMusicAcad:Jr. Keyboard 55.00 55.00 90635 03/18/2004 000165 FEDERAL EXPRESS INC Express mail services 75.22 75.22 90636 03/18/2004 003174 FIREHOUSE MAGAZINE 1yr subscription:G. Patterson 30.00 30.00 Page2 apChkLst 03/18/2004 11:44:o0AM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 90637 03/18/2004 000166 FIRST AMERICAN TITLE Lot Book Reprt: Anguiano 150.00 Lot Book Reprt: Bowman 150.00 300.00 90638 03/18/2004 007476 GASKINS, MARY Refund:Sports-Intro to Track 75.00 75.00 90639 03/18/2004 007322 GOETTING, RUTH Refund:Yoga-Lunchtime Fitness 57.00 57.00 90640 03/18/2004 003820 GREYBAR PRINTING SERVICE Paramedic medical forms 309.78 309.78 90641 03/18/2004 002174 GROUP 1 PRODUCTIONS Re-edit tourism video 100.00 100.00 90642 03/18/2004 005311 H2O CERTIFIED POOL WATER CRC/TES Feb pool maint sew 1,882.09 1,882.09 90643 03/18/2004 004811 HEWLETT PACKARD Stations Mobile Printer for Bt S 400.83 400.83 90644 03/18/2004 007477 HILL, CAROLYN Refund:Outdoor Sketching 40.00 40.00 90645 03/18/2004 003296 INTL CODE COUNCIL, '97 UBC Applications Manual 35.97 35.97 90646 03/18/2004 003266 IRON MOUNTAIN OFFSITE Records mgmt microfilm storage unit 394.25 394.25 90647 03/18/2004 001186 IRWIN, JOHN TCSD instructor earnings 76.00 76.00 90648 03/18/2004 007483 IWCE 2004 IWCE Conf: J. McBride 3/22-26 1,410.00 1,410.00 90649 03/18/2004 004682 JAURE, JOE G. FY 02/03 CFD 88-12 Reimbursement 625.73 625.73 90650 03/18/2004 004908 JIFFY LUBE 1878 City Vehicle Maint Svcs:B&S Opt. 32.33 32.33 90651 03/18/2004 007468 JOHN W ILEY & SONS JPM handbook:golf courses 69.98 69.98 90652 03/18/2004 007363 KANES RIVER Entrtmmnt:3/20-21:Bluegrass Festival 2,000.00 2,000.00 90653 03/18/2004 001091 KEYSER MARSTON ASSOCIAT Feb affordable housing svcs 330.00 330.00 90654 03/18/2004 004481 KIMLEY HORN & ASSOCIATES I Dec Design Svcs: Trail Project 6,254.00 6,254.00 Page3 apChkLst 03/18/2004 11:44:OOAM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 90655 03/18/2004 003631 KLEINFELDER INC Jan Geotech Svc:R.C.Bridge Widen 3,466.50 3,466.50 90656 03/18/2004 007353 LEWIS, LYDIA Refund:Woman's Self -Defense 20.00 20.00 90657 03/18/2004 003726 LIFE ASSIST INC Paramedic Supplies 433.36 433.36 90658 03/18/2004 004141 MAINTEX INC TCC Custodial Supplies 130.93 CRC Custodial Supplies 122.36 West Wing Custodial Supplies 34.28 287.57 90659 03/18/2004 002666 MASON & MASON REAL ESTA Apprasial Svcs: Comm. Theater 4,618.75 Apprasial Svcs: Comm. Theater 1,381.25 6,000.00 90660 03/18/2004 007485 MGM GRAND HOTEL LLC HtI:IWCE Conf:3/22-26:#PY8423 610.20 610.20 90661 03/18/2004 004951 MIKE'S PRECISION WELDING I Park Equipment Repair 200.00 200.00 90662 03/18/2004 003163 MINOLTA BUSINESS SYSTEMS CRC Copier Minolta Excess Copy Ch 712.88 CRC Minolta Copier Svc/Supplies 290.00 1,002.88 90663 03/18/2004 001892 MOBILE MODULAR Mar Modular Bldg Rental:Stn 92 832.40 832.40 90664 03/18/2004 000883 MONTELEONE EXCAVATING Var. City Rds Dirt Shoulder Grading 920.00 920.00 90665 03/18/2004 007011 MORRIS MEYERS MAINTENAN FEB PARK JANITORIAL 4,500.00 4,500.00 90666 03/18/2004 004490 MUSCO SPORTS LIGHTING INC Various Park Ballfield Lamps 2,243.94 Var Sports Prks Ballfield Lights 207.42 Credit:42 Lamps Returned .1,832.83 618.53 90667 03/18/2004 007383 N C H CORPORATION Absorbents for Haz Waste Spills:PW 685.32 685.32 90668 03/18/2004 002898 NIXON EGLI EQUIPMENT COMP Misc. Parts:PW Asphalt Patch Truck 55.85 55.85 90669 03/18/2004 002139 NORTH COUNTY TIMES Feb Public Ntcs:Plan/City Clerk 492.36 3/24/04-3/24/05 sub:4199638 100.80 3127/04-3/27/05 sub:4165222 100.80 693.96 Page:4 apChkLst 03/18/2004 11:44:00AM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 90670 03/18/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle MainURepair Svcs 3,211.17 City Vehicle MainURepair Svcs 269.84 City Vehicle MainURepair Svcs 189.77 City Vehicle MainURepair Svcs 137.42 City Vehicle MainURepair Svcs 77.63 City Vehicle MainURepair Svcs 47.50 3,933.33 90671 03/18/2004 007480 PATTERSON, GLENN Reimb:Fire House World Cf:2/3-5/04 86.80 86.80 90672 03/18/2004 003663 PECHANGA BAND OF LUISENO Conf:04/8-9/2004 Ty Davis 149.00 149.00 90673 03/18/2004 003218 PELA Feb Plan Check Svcs:PIn Dept 6,662.00 Feb Ldscp Pln Ck/Insp.Svcs:Sprt Prk 1,548.00 8,210.00 90674 03/18/2004 000249 PETTY CASH Petry Cash Reimbursement 354.03 354.03 90675 03/18/2004 000580 PHOTO WORKS OF TEMECULA Feb Photo Development:CIP Div 12.21 12.21 90676 03/18/2004 006480 PIERRE SPRINKLER & Vail Ranch Pkwy Mainline Repair 2,158.86 Credit:Billing Error/S-21 V.R. Area -10.00 2,148.86 90677 03/18/2004 004515 PLASTIC LUMBER COMPANY I Blank white sign arms: PW Maint 298.40 298.40 90678 03/18/2004 005939 POMMER, APRIL 1. TCSD Instructor Earnings 64.00 64.00 90679 03/18/2004 000253 POSTMASTER Express Mail & Postal Svcs 133.50 133.50 90680 03/18/2004 006613 PROJECT MANAGEMENT INST renew membership: Amer Attar 119.00 119.00 90681 03/18/2004 004457 R J NOBLE COMPANY Rel. Retention:Pavement Rehab:0213 31,656.20 31,656.20 90682 03/18/2004 002176 RANCHO CALIF BUS PARK ASS Apr -Jun Diaz Rd Prop. Assn Dues 1,948.77 Apr -Jun C.H. Assn Dues 1,417.29 Apr --Jun C.H. Adj. Prop. Assn Dues 1,169.26 4,535.32 90683 03/18/2004 000262 RANCHO CALIF WATER DIST Various Water Meters 2,575.31 2,575.31 90684 03/18/2004 000947 RANCHO REPROGRAPHICS Dupl. Blueprints:J.Wamer Impry 6.47 6.47 90685 03/18/2004 004584 REGENCY LIGHTING Var Sports Parks Lights/Tennis Courts 675.33 675.33 Pages apChkLst 03/18/2004 11:44:OOAM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 90686 03/18/2004 003742 REHAB FINANCIAL CORPORATI Feb Res Impry Prgm Loan Svcs 8.00 8.00 90687 03/18/2004 002412 RICHARDS WATSON & Jan 2004 Legal Services 169,163.70 169,163.70 90688 03/18/2004 000266 RIGHTWAY Equip Rental - Paseo Park 60.78 60.78 90689 03/18/2004 000352 RIVERSIDE CO ASSESSOR Mar Assessor Maps for B&S Dept 69.00 69.00 90690 03/113/2004 000411 RIVERSIDE CO FLOOD Oct -Dec Plan Ck Fees:Pechanga Pkw 7,327.78 7,327.78 90691 03/18/2004 000406 RIVERSIDE CO SHERIFFS DEP January 2004 Booking Fees 6,513.60 6,513.60 90692 03/18/2004 000271 ROBERT BEIN W M FROST & A Jan Consult Svcs:1-15n9S/Santiago 3,812.03 Credit: Reimb Exceeds Contract Amt -85.04 3,726.99 90693 03/18/2004 007113 KYLE, SHEILA H. TCSD Instructor Earnings 795.20 795.20 90694 03/18/2004 001942 S C SIGNS Nov -Dec Post Public Ntcs Signs:Pln 2,210.00 Jan -Feb Post Public Ntc Signs:Pln 1,785.00 Nov -Dec Post Public Ntc Signs:C.C. 595.00 4,590.00 90695 03/18/2004 005018 SACHER, SUZANNE L. TCSD Instructor Earnings 72.00 TCSD Instructor Earnings 24.00 96.00 90696 03/18/2004 007487 SALGADO, GASPAR AND CESA Relocation Assistance Payment 2,000.00 2,000.00 90697 03/18/2004 007487 SALGADO, GASPAR AND CESA Relocation Assistance Payment 1,550.00 1,550.00 90698 03/18/2004 001500 SAN DIEGO REGIONAL TRAIN Team Bldg Facilitator:01/20:B&S Opt 500.00 600.00 90699 03/18/2004 000278 SAN DIEGO UNION TRIBUNE Feb Recruit Ads:H.R. Dept 727.01 727.01 90700 03/18/2004 003492 SCHOLASTIC SPORTS City Ad/Spring Sports Poster:TVHS 100.00 100.00 90701 03/18/2004 003492 SCHOLASTIC SPORTS City Ad/Spring Sports Poster:CHS 100.00 100.00 90702 03/18/2004 004609 SHREDFORCE INC Mar Doc. Shred Svcs:Rcrd Mgmt 110.00 110.00 Page6 apChkLst 03/18/2004 11:44:OOAM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 90703 03/18/2004 000645 SMART & FINAL INC High Hopes Prgm Supplies 143.56 Meeting Supplies for Fire Prev. 101.57 Neighborhood Events Rec Supplies 40.40 285.53 90704 03/18/2004 000537 SO CALIF EDISON Mar 2-01-202-7330 Var. Street Lamps 36,652.72 Mar 2-01-202-7603 Arterial St Lt 13,808.87 Feb 2-00-397-5059 Various Mtrs 6,123.29 Mar 2-02-351-5281 CRC 5,298.72 Mar 2-00-987-0775 V.R. St Lt 4,637.94 Feb 2-05-791-8807 Various Mtrs 3,591.10 Mar 2-06-105-0654 Various Mtrs 2,335.37 Mar 2-10-331-1353 Fire Stn 84 893.24 Jan 2-00-397-5067 Correction Pmt 121.83 Mar 2-23-548-1975 Various Mtrs 27.72 Feb 2-14-204-1615 Front St Rdio 20.34 73,511.14 90705 03/18/2004 003840 STRONGS PAINTING Paint Prk Lot Light Posts:Sports Prk 2,500.00 2,500.00 90706 03/18/2004 007478 SUMMERS, JOANN Refund:Outdoor Sketching 40.00 40.00 90707 03/18/2004 000305 TARGET STORE Father/Daughter Date Nite Supplies 159.49 159.49 90708 03/18/2004 004274 TEMECULA VALLEY SECURITY CRC Locksmith Svcs 100.00 100.00 90709 03/18/2004 000919 TEMECULA VALLEY UNIFIED S FY 02/03 Field Renovations 19,150.00 19,150.00 90710 03/18/2004 005964 TIM SKOPHAMMER GOLF TCSD Instructor Earnings 748.00 748.00 90711 03/18/2004 006192 TRISTAFF GROUP Temp Help We 02/29 Bradley 520.00 520.00 90712 03/18/2004 004001 U C REGENTS Pest Control Handbook:TCSD 44.89 44.89 90713 03/18/2004 004261 VERIZON CALIFORNIA Mar xxx-5072 General Usage 4,229.83 Mar xxx-1941 PTA CD TTACSD 58.18 Mar xxx-3851 General Usage 41.09 Credit:Oct-Feb xxx-0073 -3,681.44 647.66 90714 03/18/2004 004789 VERIZON INTERNET SOLUTION Internet Svcs/EOC Backup @ Stn 84 69.95 69.95 90715 03/18/2004 004848 VERIZON SELECT SERVICES I Mar Long Distance Phone Svcs 1,490.92 1,490.92 90716 03/18/2004 004200 VERIZON WIRELESS LLC 3/15-6114/04 Pager Rental:Stone 39.28 39.28 Page:7 apChkLst Final Check List Page: 8 03/18/2004 11:44:OOAM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 90717 03/18/2004 001342 WAXIE SANITARY SUPPLY INC CRC Maintenance Supplies 124.19 124.19 90718 03/18/2004 006612 WEATHERPROOFING TECH, I CRC Prev. Roof Maint Prgm Roof Analysis Core Eval.:Sr Ctr 90719 03/18/2004 003730 WEST COAST ARBORISTS INC Jan Slope Tree Trimming Svcs Jan Parks Tree Trimming Svcs Feb Park Tree Trimming Svcs Feb Slope Tree Trimming Svcs 90720 03/18/2004 003835 WEST COAST SUPPLY Replacement Filters for Pumps: PW 90721 03/18/2004 000621 WESTERN RIVERSIDE COUNC February 2004 TUMF Fees 90722 03/18/2004 000345 XEROX CORPORATION BILLIN Supplies for Copy Center Supplies for Copy Center Credit:Returned Drum/Toner Cartr 1,050.00 390.00 1,440.00 8,730.00 6,960.00 4,460.00 1,070.00 21,220.00 70.76 70.76 33,250.00 33,250.00 630.60 296.09 -369.59 557.10 Grand Total All Checks: 499,078.40 PageB apChkLst 03/25/2004 4:49:52PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK OF CALIFORNIA Check k Date Vendor Description Amount Paid Check Total 290 03/25/2004 000246 PERS (EMPLOYEES' RETIREME PIERS ER Paid Member Contr Pmt 58,631.99 58,631.99 291 03/25/2004 000444 INSTATAX (EDD) State Disability Ins Payment 14,857.48 14,857.48 292 03/25/2004 000283 INSTATAX (IRS) Federal Income Taxes Payment 58,759.96 58,759.96 293 03/25/2004 001065 NATIONWIDE RETIREMENT SO Nationwide Retirement Payment 18,615.90 18,615.90 294 03/25/2004 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 2,234.28 2,234.28 295 03/24/2004 003562 FIRST AMERICAN TITLE INS. C apn 910-262-004 French Vly property 666,206.00 666,206.00 90723 03/24/2004 004420 STATE COMP INSURANCE FUN Annual Workers' Comp Premium 33,814.38 33,814.38 90724 03/25/2004 001523 A M BEST COMPANY, INC. Subscription renewal:Risk Mgr 134.95 134.95 90725 03/25/2004 004148 AT&T Long distance svcs: P.D. 174.01 174.01 90726 03/25/2004 000434 ACCELA.COM 04 User Conf:Brown/Ching:7/18-22 850.00 850.00 90727 03/25/2004 003821 ALLSTAR FIRE EQUIPMENT Thermal Camera for Fire Dept 16,119.75 16,119.75 90728 03/25/2004 004240 AMERICAN FORENSIC NURSES DUI Drug & Alcohol Screening 352.00 DUI Drug & Alcohol Screening 30.00 Credit: 4 RFS Billed to wmg City -120.00 262.00 90729 O3/25/2004 001587 AMERICAN PUBLIC WORKS AS Membership William Hughes 612062 147.50 147.50 90730 03/25/2004 000936 AMERICAN RED CROSS Community Services Grant to RARC 9,500.00 9,500.00 90731 03/25/2004 005772 AMTEK INC Cell Phone Accessories: IS 33.62 33.62 90732 03/25/2004 000101 APPLE ONE, INC. Temp help PPE 3/6 Delarm 586.08 Temp help PPE 3/6 Alexander 128.70 714.78 90733 03/25/2004 002648 AUTO CLUB OF SOUTHERN CA Membership: Randy West 41878414 44.00 44.00 Page:1 apChkLst Final Check List Page: 2 03/25/2004 4:49:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 90734 03/25/2004 002541 BECKER CONSTRUCTION SRV R&R wood street signs to plastic signs 11,435.00 AC saw cutting svcs for Patch Crew 5,000.00 16,435.00 90735 03/25/2004 006721 BOISE CASCADE OFFICE Office Supplies: Finance 428.72 Comer Desk: Police Dept 234.43 Office Supplies: Finance 227.03 Office Supplies: Finance 195.14 Office Supplies: Finance 67.07 Office Supplies: Finance 10.16 Credit: Return Bridge Desk:Police -111.93 1,050.62 90736 03/25/2004 007470 BURNETT, BRIAN M Old Twn Event:Bluegrass Festival 500.00 500.00 90737 03/25/2004 002363 C C P O A Membership: Lynn Fanene 30.00 30.00 90738 03/25/2004 005384 CALIF BAGEL BAKERY & DELI Rfrshmnts:Council closed session mtg 219.81 219.81 90739 03/25/2004 000647 CALIF DEPT OF CONSUMER A Eng Ucense:Steve Beswick 41786 150.00 150.00 90740 03/25/2004 000790 CALIF DEPT OF PESTICIDE Qualified applicator cert:Wiechec, M. 140.00 140.00 90741 03/25/2004 000398 CALIF MUNI TREASURERS ASS CMTA Conf:4/19-23:G.Roberts 260.00 260.00 90742 03/25/2004 004971 CANON FINANCIAL SERVICES, Apr lease pmt for City Copiers 6,797.24 Apr lease pmt for Stn 73 Copiers 328.63 7,125.87 90743 03/25/2004 004006 CARROLL, JOSEPH Councilmember business photos 382.51 382.51 90744 03/25/2004 004381 CENTER FOR HEALTHCARE ACLS certification renewal:Medics 50.00 50.00 90745 03/25/2004 004837 CHERRY VALLEY FEED & PET Supplies for "Kaos" Police K-9 59.80 59.80 90746 03/25/2004 000137 CHEVRON U S A INC Fuel expense for city vehicles 283.48 283.48 90747 03/25/2004 004405 COMMUNITY HEALTH CHARI Community Health Charities Payment 163.00 163.00 90748 03/25/2004 004414 COMMUNITY WORKS DESIGN Pechanga Pkwy soundwall Idscp impr 5,917.14 5,917.14 90749 03/25/2004 001193 COMP U S A INC Inkjet Printer:Police 1,085.46 Computer Supplies: IS 22.61 1,108.07 Page2 apChkLst 03/25/2004 4:49:52PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 90750 03/25/2004 004436 DANA WHARF SPORTFISHING 4/2 excursion: Whale Watching 294.00 294.00 90751 03/25/2004 001393 DATA TICKET INC Jan parking citation processing secs 140.00 Jan parking citation processing svcs 100.00 240.00 90752 03/25/2004 002990 DAVID TURCH & ASSOCIATES Mar/Apr Federal lobbyist svcs 6,000.00 6,000.00 90753 03/25/2004 003625 DAVIS, JOHN TCSD instructor earnings 220.00 220.00 90754 03/25/2004 003945 DIAMOND ENVIRONMENTAL Portables rental: Bluegrass Festival 340.43 340.43 90755 03/25/2004 000684 DIEHL EVANS & COMPANY LLP 2003 Audit Svcs:Single Audit 1,950.00 1,950.00 90756 03/25/2004 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: TCSD 61343 692.97 Fuel for city vehicles:PW Mntc 61353 517.04 1,210.01 90757 03/25/2004 001380 E S I EMPLOYMENT SERVICES Temp help PPE 315 Hear 5,783.07 Temp help PPE 315 Rush 2,061.94 Temp help PPE 216 Jones 1,648.83 Temp help PPE 2120 Jones 1,626.54 Temp help PPE 315 Jones 1,616.08 Temp help PPE 315 Cammarota 1,408.38 Temp help PPE 315 Sang 1,270.91 Temp help PPE 315 Novotny 1,231.02 Temp help PPE 315 Lontok 1,200.00 17,846.77 90758 03/25/2004 002390 EASTERN MUNICIPAL WATER 95366-02 Diego Or Ldscp 72.62 72.62 90759 03/25/2004 006746 ECO NOMICS, INC Trash collection base yr audit 1,147.50 1,147.50 90760 03/25/2004 000161 EDEN SYSTEMS INC Eden Financials Software Support 31,414.25 Credit: Support Plus -6,000.00 25,414.25 90761 03/25/2004 005052 EMCOR SERVICE H.V.A.C. repair @ City Hall 320.46 320.46 90762 03/25/2004 000478 FAST SIGNS T.Museum exhibit signs 27.15 27.15 90763 03/25/2004 001511 FIELDMAN ROLAPP & ASSOCIA Financial analysis:Butterfield CFD svc 2,205.70 2,205.70 90764 03/25/2004 000166 FIRST AMERICAN TITLE Lot Book Rept: Hogan E & C 150.00 150.00 Page3 apChkLst Final Check List Page: 4 03/25/2004 4:49:52PM CITYOFTEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 90765 03/25/2004 003347 FIRST BANKCARD CENTER TECHMENTOR REGISTRATION TT TechMentor Conf:4/4-8:Hafeli 1,594.00 HYATT SN Htl: City Mgr Conf:2/4-6/04 510.66 HYATT JO Htl: City Mgrs Mtg:2/4-6:0'Grady 435.60 INOAX.COM TT Canon powershot camera 337.98 CHIVALRY LIMOUSINE LLC JM Van rental: Old Twn Tour 270.00 KIPLINGER CALIFORNIA LETTE MN Subscription: Cal Letter 189.00 TARGET STORE TT Supplies and HP 78 180.51 SOUTHWEST AIRLINES MN AirFare:San Jose 3119/04 118.70 AMERICAN PUBLIC WORKS AS WH Nat'l PW week posters 57.00 HUNTINGTON BEACH MRKT B SN Meal: City Mgr Conf:2/4-6/04 42.32 RED ROBIN TT Refrshmnts: Business Mtg 34.59 MARIE CALLENDER MN Refshmnts:Business Mtg 24.46 ROSAS CANTINA RESTAURAN SJ Refreshments: Staff Budget Mtg 23.02 STADIUM PIZZA SJ Refrshmnts:Election coverage svcs 20.47 EARTHLINK INC TT Internet svcs: Unlimited dail-up 10.97 AMPCO PARKING MN Parking fees 1.00 3,860.28 90766 03/25/2004 001135 FIRST CARE INDUSTRIAL MED EE physicals and drug testing 110.00 110.00 90767 03/25/2004 007472 HEILBRUN, FRED Old Twn Event:Bluegrass Entertaimmnt 150.00 150.00 90768 03/25/2004 004811 HEWLETT PACKARD Flat panel monkor:Police 1,939.50 1,939.50 90769 03/25/2004 005748 HODSON, CHERYL A. Support Payment 34.05 34.05 90770 03/25/2004 001060 HYATT Htl: TechMentor Of:4/4-8:Hafeli 775.88 775.88 90771 03/25/2004 000194 1 C M A RETIREMENT TRUST 45 1 C M A Retirement Payment 6,236.18 6,236.18 90772 03/25/2004 003938 IAN DAVIDSON LANDSCAPE - I Feb design Svcs: Old Town Gateway 2,080.00 2,080.00 90773 03/25/2004 001377 INLAND EMPIRE MANAGERS RVSD County Mgr Assoc: S. Nelson 25.00 25.00 PageA apChkLst 03/25/2004 4:49:52PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 90774 03/25/2004 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 413.97 413.97 90T75 03/25/2004 002424 KELLEY DISPLAY INC Western day's banners cleaning svcs 168.58 168.58 90776 03/25/2004 004481 KIMLEY HORN & ASSOCIATES I Jan Dsgn Svcs:multi-purpose trail pdt 5,130.00 5,130.00 90777 03/25/2004 000206 KINKOS INC Stationery paper/misc supplies 12.88 12.88 90778 03/25/2004 006654 LOST CANYON RANGERS Old Tvm Event:Bluegrass Entertaimmnt 500.00 500.00 90779 03/25/2004 004141 MAINTEX INC O.T. 6th Street Custodial Supplies 514.48 West Wing Custodial Supplies 185.85 O.T. 6th Street Custodial Supplies 29.59 729.92 90780 03/25/2004 004068 MANALILI, AILEEN TCSD Instructor Eamings 910.00 TCSD Instructor Earnings 630.00 1,540.00 90781 03/25/2004 001256 MARRIOTT HOTEL Htl:Comp.Forensics:4/19-22:Brown 518.96 518.96 90782 03/25/2004 005806 MATTHEWS, CATHERINE J. Feb Street Addressing Svcs:B&S Dpt. 637.50 637.50 90783 03/25/2004 006571 MELODY'S AD WORKS Reimb Expenses:Bluegrass Festival 200.00 200.00 90784 03/25/2004 001384 MINUTEMAN PRESS Bus.Cards:Alves/Banlett/TinkerMagn 171.32 Business Cards:Police Callahan 42.83 214.15 90785 03/25/2004 004009 MISSION RESOURCE .2 Acres/Mitigation Prg:Comm.Theater 4,000.00 4,000.00 90786 03/25/2004 004173 MONSTERTRAK Recruitment Ads:Aquatics Smr Staff 320.00 Recruitment Ads:SMART Prgm Staff 200.00 520.00 90787 03/25/2004 000883 MONTELEONE EXCAVATING Clean Channel behind Target Center 2,706.00 2,706.00 90788 03/25/2004 003964 OFFICE DEPOT BUSINESS SVS Misc Office Supplies:Police 74.24 74.24 90789 03/25/2004 001171 ORIENTAL TRADING COMPANY St. Patrick's Day Bingo Rec Supplies 127.92 St. Patrick's Day Bingo Rec Supplies 21.80 149.72 90790 03/25/2004 007491 OWENS, SARAH Refund:Security Dep:CRC 3/13/04 100.00 100.00 90791 03/25/2004 002734 P V P COMMUNICATIONS INC Motorcycle Helmets:Tem. Police 2,025.11 2,025.11 Pages apChkLst Final Check List Page: 6 03/25/2004 4:49:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 90792 03/25/2004 003955 PANE CONSULTING SERVICE ( "Student" Badges:T.Museum 1,192.30 1,192.30 90793 03/25/2004 003218 PELA Feb Ldscp Plan Ck:79S Medians 516.00 516.00 90794 03/25/2004 001958 PERS LONG TERM CARE FROG PERS Long Tenn Care Payment 288.55 288.55 90795 03/25/2004 004790 PETER D BRANDOW & ASSOCI Reimb:79S Sidewalk/Ldscp/Irr. Impry 313.93 Dsgn Svc:79S Sidewalk/Ldso/Irr. Impr 304.00 617.93 90796 03/25/2004 000249 PETTY CASH Petty Cash Reimbursement 419.33 419.33 90797 03/25/2004 007471 PHILLIPS, RODGER Enterlainment:Bluegrass Fest.:3/20-21 500.00 500.00 90798 03/25/2004 006084 POWER DISTRIBUTORS INC Replace Ball field Light Lamps @ City 2,022.36 2,022.36 90799 03/25/2004 006075 PRUDENTIAL OVERALL SUPPL Feb Var Opt Unifonn/Rr MattTwl Rent 795.40 Credit:No Doc's for 2 invoices -80.00 715.40 90800 03/25/2004 004529 OUAID TEMECULA HARLEY-DA Jan Repair/Maint Police Motorcycles 4,040.61 Feb Repair/Maint Police Motorcycles 2,269.13 6,309.74 90801 03/25/2004 005563 R E FLEMING CONSTRUCTION Prgs Pmt #8:Children's Museum 12,637.22 Release Stop Ntc:C.Mus:S.G.Roofing 5,188.46 Stop Notice:C.Museum:S.G.Roofing -5,188.46 12,637.22 90802 03/25/2004 004457 R J NOBLE COMPANY Prgs Pmt 3:R.C. Rd Widen E/O Ynez 19,183.50 Prgs Pmt 2:R.C. Rd Widen E/O Ynez 4,387.50 23,571.00 90803 03/25/2004 000262 RANCHO CALIF WATER DIST Various Water Meters 3,059.14 3,059.14 90804 03/25/2004 000947 RANCHO REPROGRAPHICS Dup. Blueprints:Pablo Apis Park 395.66 Dup. Blueprints:Pauba Rd Impry 10.71 406.37 90805 03/25/2004 005972 RAU, ANDY J. Entertainment:Bluegrass Fest.:3/20-21 800.00 800.00 90806 03/25/2004 004584 REGENCY LIGHTING City Hall Electrical Supplies 63.36 63.36 90807 03/25/2004 003591 RENES COMMERCIAL MANAGE Clean-up of Var. City Channel Areas 5,000.00 5,000.00 90808 03/25/2004 006483 RICHARDS, TYREASHA I. TCSD Instructor Earnings 520.00 520.00 90809 03/25/2004 000266 RIGHTWAY Equip Rental - Lng Cyn Crk Prk 59.79 59.79 Page£ apChkLst 03/25/2004 4:49:52PM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 90810 03/25/2004 000267 RIVERSIDE CO FIRE Oct -Dec 2003:Fire Services 713,021.28 713,021.28 90811 03/25/2004 001592 RIVERSIDE CO INFO Dec Police Radio Rentals 1,318.60 Jan Police Radio Rentals 1,235.60 Nov Police Radio Rentals 1,193.60 3,747.80 90812 03/25/2004 000955 RIVERSIDE CO SHERIFF SW ST Good'OI Days Car Show:2/27-29/04 24,447.65 24,447.65 90813 03/25/2004 000406 RIVERSIDE CO SHERIFFS DEP 01/8-02/4/04 Law Enforcement 930,752.92 FY 03/04 Rate Adj. Law Enforcement 487,472.25 FY 03/04 Field Training 144,192.00 1,462,417.17 90814 03/25/2004 000406 RIVERSIDE CO SHERIFFS DEP FY 03/04 Records Mgmt Sys Usage 110,006.00 110,006.00 90815 03/25/2004 001365 RIVERSIDE COUNTY OF Renew Pennit:CRC Pool/Spa 470.00 470.00 90816 03/25/2004 003544 ROBERT SHEA PERDUE REAL Appraisal Fee:APN roc-007 4,500.00 4,500.00 90817 03/25/2004 001624 ROBERTS, GENIE Reimb:Oper. Budget Submittal Mtgs 93.97 93.97 90818 03/25/2004 006555 S B C PACIFIC BELL Modular Router for I.S. Opt. 2,897.01 Maintenance/Modular Router:I.S.Dpt. 172.80 3,069.81 90819 03/25/2004 004598 S T K ARCHITECTURE INC Feb Consultant Svcs:Roripaugh 3,105.60 3,105.60 90820 03/25/2004 005227 SAN DIEGO COUNTY OF Support Payment 33.24 33.24 90821 03/25/2004 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 90822 03/25/2004 006176 SANTA ANA COLLEGE Mgmt 20:J.Neuman:8/2-6/04 125.00 125.00 90823 03/25/2004 007492 SARIC, ROBERT Refund:Eng Deposit:44064 Mnt View 995.00 995.00 90824 03/25/2004 004609 SHREDFORCE INC Mar Doc Shred Svcs:P.D. Fmt St Stn. 24.00 24.00 90825 03/25/2004 004460 SILVERADO BLUEGRASS BAN Entertainment:Bluegrass Fest.:3/20-21 1,300.00 1,300.00 90826 03/25/2004 000645 SMART & FINAL INC Just 4 Kidz Program Supplies 74.37 Neighborhood Events Rec Supplies 23.73 98.10 Page:? apChkLst Final Check List Page: 8 03/25/2004 4:49:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 90827 03/25/2004 000537 SO CALIF EDISON Mar 2-19-999-9442 Various Mtrs 1,912.16 Mar 2-25-393-4681 T.E.S. Pool 421.87 Mar 2-23-365-5992 Fire Stn 92 305.03 Mar 2-24-817-8717 Old Kent Prk 214.88 Mar 2-24-628-8963 Btrfld Stage 27.49 Mar 2-24-151-6582 Overland Td 12.47 2,893.90 90828 03/25/2004 001212 SO CALIF GAS COMPANY Var. City Facilities Gas Mtrs 4,442.93 Mar 095-167-7907-2 Fire Stn 84 238.43 4,681.36 90829 03/25/2004 006145 STENO SOLUTIONS TRANSCRI Feb Transcription Svcs:Tem.Police 1,182.08 Jan Transcription Svcs:Tem.Police 1,077.12 2,259.20 90830 03/25/2004 003599 T Y LIN INTERNATIONAL Feb Constr.Support:R.C.Bridge Widen 2,625.00 2,625.00 90831 03/25/2004 000305 TARGET STORE Teen Programs Supplies 13.12 TCC Recreation Supplies 142.69 Parent & Me Program Supplies 96.16 Special Events Supplies 70.76 Neighborhood Events Rao Supplies 65.11 Teen Programs Supplies 21.52 409.36 90832 03/25/2004 004274 TEMECULA VALLEY SECURITY CRC Locksmith Svcs 303.35 Fire Prev. Locksmith Svcs 34.48 337.83 90933 03/25/2004 000919 TEMECULA VALLEY UNIFIED S Dec'03-Jan'04 Vehicle Fuel Usage 571.70 Feb 2004 Vehicle Fuel Usage 327.15 898.85 90834 03/25/2004 000668 TIMMY D PRODUCTIONS INC Sound Vendor for Band Jam:3/5/04 225.00 225.00 90835 03/25/2004 003691 TRAFFICWARE CORPORATION purch.SimTraf.6 upgrade software:PW 2,390.60 2,390.60 90836 03/25/2004 006192 TRISTAFF GROUP Temp Help w/e 03114 Bradley 503.75 Temp Help We 03/07 Bradley 477.75 981.50 90937 03/25/2004 005592 TWINING LABORATORIES Jan Svcs:Pechanga Pkwy Soundwall 10,247.91 10,247.91 90838 03/25/2004 007118 U S TELPACIFIC CORPORATIO Mar Internet I Addresses Block 522.85 522.86 90839 03/25/2004 007493 UMEMOTO, CHRISTIAN Refund:KidsLuvSoccer 4-5 Yr 75.00 75.00 90840 03/25/2004 004981 UNISOURCE SCREENING & 311-15 Background Screen 105.00 105.00 90841 03/25/2004 000325 UNITED WAY United Way Charities Payment 220.00 220.00 PageE apChkLst Final Check List Page: 9 03/25/2004 4:49:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 90842 03/25/2004 004261 VERIZON CALIFORNIA Mar xxx-0073 General Usage 257.64 Mar xxx-0074 General Usage 256.50 Mar xxx-1473 Old Town P.D. Stn. 118.86 Mar xxx-1603 City Hall 90.12 Mar xxx-3564 Alarm 55.91 Mar xxx-8573 General Usage 31.59 Mar xxx-3923 Stone 27.58 838.20 90843 03/25/2004 007482 WE CARE COMPANY Deposit:Fire Safety Trailer 3,930.70 3,930.70 90844 03/25/2004 003756 WHITE HOUSE SANITATION Mar Cleaning Svcs:Btdld Stage R.R. 50.00 50.00 90845 03/25/2004 007473 WITCHER, DENNIS R Entertainment:Bluegrass Fest.:3/20-21 1,000.00 1,000.00 90846 03/25/2004 004880 WORLEY, JILL ANN Entertainment:Bluegrass Fest.:3/20-21 800.00 800.00 Grand Total All Checks: 3,428,914.58 Page9 apChkLst Final Check List Page: 1 04/01/2004 9:50:57AM CITYOFTEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 296 03/31/2004 000166 FIRST AMERICAN TITLE Old Twn property depst 922-032-021, 10,000.00 10,000.00 297 03/31/2004 000166 FIRST AMERICAN TITLE Old Twn property depst 922-042-007 90847 04/01/2004 004901 ADVENTURES IN TEAM ESTEE Planning team building workshop 90848 04/01/2004 005735 AEROSURF INC Apr/May/Jun Internet svcs 90849 04/01/2004 004240 AMERICAN FORENSIC NURSES DUI Drug & Alcohol Screening Credit: 385672 not in city's limits 90660 04/01/2004 006463 AMERICAN LANDSCAPE Feb Idscp impr: Sports Park Jan Idscp impr. Sports Prk 90851 04/01/2004 007280 AMERICAN MEDICAL RESPONS Paramedic training supplies 90852 04/01/2004 000747 AMERICAN PLANNING ASSOCI Membership: Emery Papp 117057 Membership: Don Hazen 092146 90853 04/01/2004 000936 AMERICAN RED CROSS 10 Pocket mask: Aquatics 90854 04/01/2004 004169 ANAHEIM ORANGE COUNTY V Anaheim/Orange Cty Visitor ad:Eco D 90855 04/01/2004 007521 ANDERSON, DIANE 90856 04/01/2004 000101 APPLE ONE, INC. 90857 04/01/2004 001561 ARCH WIRELESS 90858 04/01/2004 007344 ARROW TRUCK BODIES 90859 04/01/2004 001323 ARROWHEAD WATER INC Refund: Cartooning- Aliens & Space Temp help PPE 3/13 Delarm Temp help PPE 3/13 Wills Temp help PPE 3/13 Lee Temp help PPE 3/13 Leibold Temp help PPE 3/6 Alexander Mar/Apr/May paging & rental svcs PW mntc flat bed truck modifications Bottled wtr sews ® City Hall Bottled wtr sews 0 West Wing Bottled wtr sews ® CRC Bottled wtr sews @ T.Museum Bottled wtr sews @ Skate Park 10,000.00 3,330.00 299.70 240.00 -30.00 138.00 104.55 105.00 404.00 255.00 120.00 1,875.00 22.50 617.76 580.80 528.00 131.25 12.87 647.45 4,174.40 355.17 165.08 61.32 19.91 17.02 10,000.00 3,330.00 299.70 210.00 242.55 105.00 659.00 120.00 1,875.00 22.50 1,870.68 647.45 4,174.40 618.50 Page:t apChkLst Final Check List Page: 2 04/01/2004 9:50:57AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check If Date Vendor Description Amount Paid Check Total 90860 04/01/2004 007513 ATTAR, AMER EE computer purchase prgm 1,774.83 1,774.83 90861 04/01/2004 002648 AUTO CLUB OF SOUTHERN CA Membership: Eric Rodecker 52094984 44.00 44.00 90862 04/01/2004 000622 BANTA ELECTRIC-REFRIGERA Electrical repairs @ Stn 92 540.00 Repair sound system: Old Town 500.00 1,040.00 90863 04/01/2004 002541 BECKER CONSTRUCTION SRV Silt removal ® Via Lobo Channel 9,630.00 9,630.00 90864 04/01/2004 004262 BIO-TOX LABORATORIES DUI Drug & Alcohol Screening 566.64 566.64 90865 04/01/2004 007519 BOW LIN, GEORGIA Refund: Picnic Shelter rental 75.00 75.00 90866 04/01/2004 004176 BROADW ING Long distance &Internet svcs 2,088.46 2,088.46 90867 04/01/2004 006777 BRUSHIA, MICHELLE Refund: Cartooning- Sea Creatures 47.50 47.50 90868 04/01/2004 007520 BURGESS, MARY Refund: Picnic Shelter rental 55.00 55.00 90869 04/01/2004 001159 CALIF DEPT OF JUSTICE Feb Fingerprinting ID svcs:P.D. 2,368.00 Aug/Sep Fingerprinting ID svcs:P.D. 1,534.00 Jan Fingerprinting ID svcs:P.D. 1,363.00 5,265.00 90870 04/01/2004 005660 CALIF EMS AUTHORITY Membership David Strickler P03421 130.00 130.00 90871 04/01/2004 007516 CALIF FIRE EXPLORING ASSN Post Advisor Appliic Fee: Ty Davis - F 100.00 100.00 90872 04/01/2004 006406 CAMBEROS, DINO Reimb:'04 CPRS Conf: 319-12/04 255.70 255.70 90873 04/01/2004 007505 CARREON, JONATHAN Refund:Aquatics-Lifeguard Tmg 130.00 130.00 90874 04/01/2004 002534 CATERERS CAFE Refreshments:'04 Volunteer luncheon 1,555.75 Refreshments: Calsense Training 99.23 1,654.98 90875 04/01/2004 005417 CINTAS FIRST AID & SAFETY First aid supplies: PW Mntc Crew 40.62 First aid supplies: City Hall 38.47 79.09 90876 04/01/2004 007114 COLLABORATIVE FOR DISAST Disaster Resistant Cf: 5/3-5:Colston 125.00 125.00 Page2 apChkLst Final Check List Page: 3 04/01/2004 9:50:57AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check & Date Vendor Description Amount Paid Check Total 90877 04/01/2004 001193 COMP U S A INC 2 - 19" Viewsonic Monitors 1,720.79 19' Viewsonic Monitor: Fire Prev. 839.38 Misc computer supplies: IS 473.41 3,033.58 90878 04/01/2004 002147 COMPLIMENTS COMPLAINTS & 4 Easter Bunny Costume rentals 323.25 323.25 90879 04/01/2004 002945 CONSOLIDATED ELECTRICAL Electrical supplies: TCSD 154.60 154.60 90880 04/01/2004 001264 COSTCO W HOLESALE 2- Easy up shades: Police Dept 418.05 418.05 90881 04/01/2004 003739 COTTON BRIDGES ASSOCIATE Sept -Oct Housing Element svcs 375.00 375.00 90882 04/01/2004 006954 CRAFTSMEN PLUMBING & HVA Install pressure regulator@ C.Museum 409.30 CRC plumbing repairs 175.00 CRC plumbing repairs 113.56 697.86 90883 04/01/2004 001320 CROWE-PELLETIER, JULIE Reimb:CRPS Conf:3/10-13/04 48.97 48.97 90884 04/01/2004 004123 D L PHARES & ASSOCIATES Apr Lease: Police Satellite Office 2,086.14 2,086.14 90885 04/01/2004 002900 DANIEL MANN JOHNSON Nov -Jan eng svcs: Pala Rd Phase II 286.10 286.10 90886 04/01/2004 001716 DANS ROOFING Res Imp Prgm: Waver, B & K 200.00 200.00 90887 04/01/2004 005291 DEGANGE, JOHN EE computer purchase prgm 1,966.45 1,966.45 90888 04/01/2004 007514 DENHAM, THOMAS Refund: Parking Cite 24274 325.00 325.00 90889 04/01/2004 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 1,209.60 1,209.60 90890 04/01/2004 003945 DIAMOND ENVIRONMENTAL Clean TCC Interceptors grease trap 276.00 Clean Sr Ctr Interceptors grease trap 276.00 Portable toilet: TCC wtr shut off 161.55 Clean CRC Interceptors grease trap 95.00 808.55 90891 04/01/2004 004263 DISPLAY TECH EXHIBITS Table display case wAight:Eco Devel 2,873.69 2,873.69 90892 04/01/2004 003317 DOMENOE, CHERYL Reimb:Technical Track:3/16-17 46.98 46.98 Page3 apChkLst Final Check List Page: 4 04/01/2004 9:50:57AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 90893 04/01/2004 001380 E S I EMPLOYMENT SERVICES Temp help PPE 3/19 Jones 1,994.95 Temp help PPE 3/19 Cammarota 1,406.62 Temp help PPE 3/19 Lontok 1,200.00 4,601.57 90894 04/O1/2004 005052 EMCOR SERVICE H.V.A.C. repair @ CRC 195.00 195.00 90895 04/01/2004 000164 ESGIL CORPORATION Feb Plan check Svcs for B&S 5,568.66 5,568.66 90896 04/01/2004 006487 EUROPEAN CAFE & VINEYARD Refreshments: Budget workshop 44.82 44.82 90897 04/01/2004 001056 EXCEL LANDSCAPE Feb Idscp mntc: Slope 25,731.00 Feb Idscp mntc: Medians 6,924.00 Feb Idscp mntc: City Fac. 6,686.00 Feb Idscp impr: R.C. Slope 183.35 Feb Idscp impr: Comm Fac. 102.50 39,626.85 90898 04/01/2004 004464 EXXONMOBIL CARD SERVICES Fuel expense for City vehicles 455.65 455.65 90899 04/01/2004 000165 FEDERAL EXPRESS INC Express mail services 196.17 196.17 90900 04/01/2004 007502 FIREHOUSE TREASURES INC Voorburg Fire Dept gift 580.00 580.00 90901 04/01/2004 007515 FIRERESCUE MAGAZINE 1 yr Subscription for FireRescue 28.95 28.95 90902 04/01/2004 004944 FULLCOURT PRESS 3 Part cash receipt forms: Finance 595.04 595.04 90903 04/01/2004 004188 HARRIS & ASSOCIATES Feb audit svcs: Haveston CFD 2,725.00 2,725.00 90904 04/01/2004 002126 HILLYARD FLOOR CARE SUPPL CRC gym floor refinishing supplies 2,246.22 CRC gym floor refinishing supplies 390.80 CRC gym floor refinishing supplies 220.29 CRC gym floor refinishing supplies 69.08 Credit: Returned gym floor supplies -483.68 2,442.71 90905 04/01/2004 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 165.29 165.29 90906 04/01/2004 000501 INTL INSTITUTE OF MUNICIPAL Certification Fee: Michaels Ballreich 135.00 135.00 90907 04/01/2004 001186 IRWIN, JOHN TCSD instructor earnings 588.00 588.00 Page:4 apChkLst 04/01/2004 9:50:57AM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 90908 04/O1/2004 003046 K F R O G 95.1 FM RADIO Advertising for Bluegrass Festival 1,000.00 1,000.00 90909 04/01/2004 001085 L N CURTIS & SONS Stair chair handle lock: Medics 109.58 109.58 90910 04/01/2004 006744 LAMAR CORPORATION, THE Mar billboard chg-out:Old Town 450.00 450.00 90911 04/O1/2004 004905 LIEBERT, CASSIDY & WHITMOR Feb HR legal svos for TE06040001 360.00 360.00 90912 04/01/2004 004699 LYNN, TROY M FY 02/03 CFD 88-12 Reimbursement 528.48 528.48 90913 04/01/2004 003782 MAIN STREET SIGNS Signs/Hardware: PW Maint 1,743.27 1,743.27 90914 04/01/2004 000394 MAINTENANCE 'Permit Required':4/15:RT/JJ/JB 90.00 90.00 90915 04/01/2004 004141 MAINTEX INC Parks Custodial Supplies 427.12 West Wing Custodial Supplies 340.97 Custodial Supplies: Senior Ctr 257.29 1,025.38 90916 04/01/2004 001967 MANPOWER TEMPORARY SER Temp Help PPE 02/29 Almodovar 1,507.96 Temp Help We 03t07 A.AJJ.D. 1,259.64 Temp Help We 03/14 A.A./J.D. 1,181.20 3,948.80 90917 04/01/2004 002664 MAR CO INDUSTRIES INC CRC Custodial Equip. Prev. Maint. Sv 125.00 125.00 90918 04/01/2004 003444 MARTIN & CHAPMAN COMPAN '04 Directory of City Clerks in Calf. 30.86 30.86 90919 04/01/2004 007024 MEDINA, IGNACIO Reimb Agrmnt Pmt:Soundwall Impry 400.00 400.00 90920 04/01/2004 006571 MELODY'S AD WORKS Reimb Exp.:Var. Old Town Events 75.76 75.76 90921 04/01/2004 004894 MICHAEL BRANDMAN ASSOCIA Jan Erg Svcs:Pechanga Pkwy Impry 2,630.00 Jan Eng Svcs: Pechanga Pkwy Impry 2,585.00 5,215.00 90922 04/01/2004 004951 MIKE'S PRECISION WELDING I Park Equip. Welding Svcs 65.00 65.00 Pages apChkLst Final Check List Page: 6 04/01/2004 9:50:57AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 90923 04/01/2004 001384 MINUTEMAN PRESS Envelopes for T. Museum 288.36 Letterhead Supply for City Clerk 177.37 Envelopes for TCSD 161.85 Letterhead Supply for City Clerk 142.06 Envelopes for City Clerk 106.74 Business Cards: G.Wolnick 42.83 Business Cards: Z. Smith 42.83 Business Cards: M. Ballreich 42.83 1,004.87 90924 04/01/2004 004534 MOBILE SATELLITE VENTURES Apr EOC Sin Satellite Phone Svcs 70.71 70.71 90925 04/01/2004 004586 MOORE FENCE COMPANY Install fence: Children Museum 3,200.00 Res Imp Prgm: Schmidt, Barbara 2,445.00 5,645.00 90926 04/01/2004 001986 MUZAK INC Apr music for phones: City Hall 120.86 Apr Music Broadcast: Old Town 64.86 185.72 90927 04/01/2004 002925 NAPA AUTO PARTS Parts/Supplies for PW Maint 49.75 49.75 90928 04/01/2004 007503 NELSON, WENDY Refund: Hawaiian: Beg Teen/Adult 30.00 30.00 90929 04/01/2004 006140 NORTH JEFFERSON BUSINESS Apr -Jun Dues: Lot 17/PM 23561-2 329.00 329.00 90930 04/01/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 536.09 City Vehicle Repair/Maint Svcs 254.10 City Vehicle Repair/Maint Svcs 114.26 City Vehicle Repair/Main Svcs 32.42 936.87 90931 04/01/2004 007506 OLIVER, DOREEN JENNIFER Refund: Prior Yr Assessments 1,699.55 1,699.55 90932 04/01/2004 007507 OLIVER, KENNETH CHARLES Refund: Prior Yr Assessments 1,699.55 1,699.55 90933 04/01/2004 007384 OREGON MT. CONSTRUCTORS Material Delivery Svcs: Sports Comple 6,600.00 6,600.00 90934 04/01/2004 001171 ORIENTAL TRADING COMPANY Egg Hunt special event supplies 1,315.86 Finance recognition supplies 73.35 1,389.21 90935 04/01/2004 006939 PAINT CONNECTION, THE Res Imp Prgm: Vasquez, Rigoberto 1,525.00 1,525.00 90936 04/01/2004 000472 PARADISE CHEVROLET CADI Transmission for TCSD van 3,518.03 3,518.03 90937 04/01/2004 000359 PARKER, HERMAN Reimb:CPRS Conf:3/10-13/04 59.59 59.59 Pages apChkLst 04/01/2004 9:50:57AM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 90938 04/01/2004 004074 PARTY CITY OF TEMECULA IN Special Event Supplies 106.29 106.29 90939 04/01/2004 007517 PECHANGA RESORT & CASINO Fire Expo & Sem:4/8-9/04:C.Calderon 149.00 Fire Expo & Sem:4/8-9/04:D.Sarmient 149.00 298.00 90940 04/01/2004 000249 PETTY CASH Petry Cash Reimbursement 386.34 386.34 90941 04/01/2004 003493 PRO -CRAFT OVERHEAD DOOR Res Imp Prgm: Bognacki, Christine 1,280.00 1,280.00 90942 04/01/2004 004029 R J M DESIGN GROUP INC Jan Dsgn Svcs: Sports Complex Pdt 33,280.46 33,280.46 90943 04/01/2004 006664 R R M DESIGN GROUP Consult Svcs:Citywide Dsgn Guideline 1,402.06 1,402.06 90944 04/01/2004 000262 RANCHO CALIF WATER DIST Mar 01-99-02003-0 Floating Mir 246.02 Mar 02-79-10100-1 NW Sprts Prk 75.53 321.55 90945 04/01/2004 000947 RANCHO REPROGRAPHICS Dup. Blueprints: Diaz Rd Realignment 59.35 59.35 90946 04/O1/2004 004584 REGENCY LIGHTING Electrical Supplies: City Hall 562.31 Electrical Supplies: City Hall 88.83 Electrical Supplies: City Hail 63.36 714.50 90947 04/01/2004 002110 RENTAL SERVICE CORPORATI Equipment Rental: PW Maint 334.26 Equipment Rental: PW Maint 17.80 Equipment Rental: PW Maint 8.58 360.64 90948 04/01/2004 007504 REUSING, HOLLY Refund: Just 4 Kidz 30.00 30.00 90949 04/01/2004 001592 RIVERSIDE CO INFO Feb P.D. Emerg Radio Rentals 1,235.60 1,235.60 90950 04/01/2004 000406 RIVERSIDE CO SHERIFFS DEP FY 03.04 Facility Expense 198,155.39 198,155.39 90951 04/Ot/2004 000406 RIVERSIDE CO SHERIFFS DEP February 2004 Booking Fees 7,728.00 7,728.00 90952 04/01/2004 005406 RIVERSIDE CO TRAIN OFF. Prev. 2C:5f7-10 & 5/15:S.Branaugh 126.00 126.00 90953 04/01/2004 007184 RIVERSIDE POLICE Correction of Deposft:R#519206 45.00 45.00 90954 04/01/2004 003587 RIZZO CONSTRUCTION INC Install Mirror in W. Restroom @ CRC 815.00 815.00 Page:7 apChkLst 04/01/2004 9:50:57AM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 90955 04/01/2004 000815 ROWLEY, CATHY TCSD Instructor Earnings 864.00 864.00 90956 04/01/2004 001309 RUSE, PHYLLIS Reimb:CPRS Conf:3110-13104 47.97 47.97 90957 04/01/2004 007113 RYLE, SHEILA H. TCSD Instructor Earnings 795.20 795.20 90958 04/01/2004 004562 SCHIRMER ENGINEERING COR Feb'04 Plan Ck Svcs: Fire Prev. 400.00 400.00 90959 04/01/2004 004814 SIMON WONG ENGINEERING I Dec -Feb Dsgn Svcs: Main St Bridge 12,968.20 12,968.20 90960 04/O1/2004 000645 SMART & FINAL INC Just 4 Kidz Prgm Supplies 199.72 199.72 90961 04/01/2004 000537 SO CALIF EDISON Mar 2-00-397-5042 City Hall 5,658.83 Mar 2-02-351-4946 Senior Ctr 850.81 Mar 2-18-937-3152 T.Museum 520.28 Mar 2-11-007-0455 6th Street 261.39 Mar 2-22-891-0550 Various Mtrs 253.81 Mar 2-20-817-9929 P.D.Fmt St Stn 163.93 Mar 2-18-049-6416 Front St Ped 148.06 Mar 2-21-911-7892 S.Side Prk Lot 121.28 Mar 2-21-981-4720 Hwy 79 51.66 Mar 2-19-171-8568 Wedding Chpl 46.16 Mar 2-24-572-8969 O.T. Front 46.09 Mar 2-24-634-0426 O.T. Front St. 43.70 Mar 2-22-057-2226 6th Street 43.21 Mar 2-22-496-3439 Winchester 41.62 8,240.83 90962 04/O1/2004 000282 SO CALIF MUNICIPAL ATHLETI 2004 Smr Adult Softball Rulebooks 828.00 828.00 90963 04/01/2004 000519 SOUTH COUNTY PEST Pest Control Svcs: T. Museum 42.00 Pest Control Svcs: Wedding Chpl 32.00 74.00 90964 04/01/2004 005786 SPRINT 02/15-03/14/04 Cell Phone Svcs 6,020.68 Equipment:City Clerk/Council/I.S. 1,379.16 Mar Aoct Level Chrgs 33.87 7,433.71 90965 04/O1/2004 004420 STATE COMP INSURANCE FUN Mar Workers' Comp Premium 43,440.90 43,440.90 90966 04/01/2004 000465 STRADLEY, MARY KATHLEEN TCSD Instructor Earnings 640.00 TCSD Instructor Earnings 288.00 928.00 90967 04/O1/2004 002651 SUN BADGE COMPANY Badge for Code Enforcement 80.58 80.58 PageE apChkLst 04101/2004 9:50:57AM Final Check List CITY OF TEMECULA Page: 9 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 90968 04/01/2004 000305 TARGET STORE Misc. Office Supplies: PW 310.44 310.44 90969 04/01/2004 007512 TASSIN, CAROL Refund:Cite #50330 325.00 325.00 90970 04/01/2004 006465 TEMECULA AUTO REPAIR Fire Prev. Vehicle Maint. Svcs 29.71 29.71 90971 04/01/2004 006896 TEMECULA MUSIC ACADEMY 1 TCSD Instructor Earnings 396.00 396.00 90972 04/01/2004 000307 TEMECULA TROPHY COMPAN Name badges Pins:CS Commissioner 37.71 Nameplate: P. Jacobs 7.64 45.25 90973 04/01/2004 004274 TEMECULA VALLEY SECURITY Locksmith Svcs: Pauba Ridge Park 120.00 120.00 90974 04/01/2004 003031 TRAFFIC CONTROL SERVICE I Traffic Control Supplies:PW Maint 110.44 110.44 90975 04/01/2004 006192 TRISTAFF GROUP Temp Help w/e 03121 Bradley 620.00 520.00 90976 04/01/2004 004261 VERIZON CALIFORNIA Mar xxx-2626 P.D. Storefront Stn 217.71 Mar xxx-2016 General Usage 108.20 Mar xxx-9897 General Usage 89.72 Mar xxx-3526 Fire Alarm 83.69 Mar xxx-2676 General Usage 28.87 528.19 90977 04/01/2004 004789 VERIZON INTERNET SOLUTION Internet svcs:P.D. Stn: xx9549 211.58 Internet sves:P.D. Stn: xx4200 185.41 Internet Svcs: xx7411 69.95 Internet svcs: xx0544 69.95 536.89 90978 04/01/2004 007511 VLAHOS, CHRIS EE Computer Loan Prgm 2,000.00 2,000.00 90979 04/01/2004 006248 WALKER, JESSICA (8) $25.00 Egg Hunt Prizes:4/10 200.00 200.00 90980 04/01/2004 007510 WILLCOX, JAMES Reimb:CPRS Conf:3/10-13t04 145.54 145.54 90981 04/01/2004 000348 ZIGLER, GAIL Reimb:CPRS Conf:3/10-13t04 134.79 Reimb:Park Dedications supplies 76.10 210.89 Sub total for UNION BANK OF CALIFORNIA: 498,072.13 Page9 ITEM 4 APPROVAL CITY ATTORNEY, DIRECTOR OF F CITY MANAGERC CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: April 13, 2004 SUBJECT: City Treasurer's Report as of February 27, 2004 PREPARED BY: Karin Grance, Revenue Manager Shannon Domenigoni, Accountant RECOMMENDATION: That the CityCouncil receive and file the CityTreasurer's Reportas of February 27, 2004. DISCUSSION: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of February 27, 2004. FISCAL IMPACT: None Attachments: City Treasurer's Report as of February 27, 2004 Cash Aeth* for the Month of February: Cash and Inveshnents as of February 1, 2004 Cash Receipts Cash Disbursements Cash and Investments as of February 27, 2004 Cash and Investments Portfolio: Type of Investment Petry Cash General Checking Flex Benefit Demand Deposits Local Agency Investment Fund Federal Agency- Callable Federal Agency- Callable Federal Agency- Callable Federal Agency- Callable Federal Agency- Callable Federal Agency- Callable Federal Agency- Callable Federal Agency- Callable Federal Agency- Callable Checking Account - Parking Citations Certificate of Deposit - Retention Escrow Bond Fund - CFD 88-12 (Money Market Account) Delinquency Maintenance Account- CFD 88-12 (Investment Agreement) Delmquenry Maintenance Account - CFD 88-12 (Money Market Account) Reserve Fund - CFD 88-12 (Investment Agmemmt) Reserve Account- CFD 88-12 (Money Market Account) Special Tax Fund - CFD 01-2 (Money Market Account) Admen Expense Fund - CFD 01-2 (Money Market Account) Variable Bond Fund - CFD 01-2 (Money Market Account) Interest Differential Fund - CFD 01-2 (Money Market Account) Capital Improvement Fund - CFD 01-2 (Money Market Account) Special Tax Fund - CFD 03-1 (Money Market Account) Capital Interest Fund - CFD 03-1 (Money Market Account) Reserve Fund - CFD 03-1 (Money Markel Account) City Improvement Fund - CFD 03-1 (Money Market Account) Cal Trans Improvement Fund - CFD 03-1 (Money Market Account) Acquisition Account Fund - CFD 03-1 (Money Market Account) Capital Interest Fund - CFD 03-3 (Money Market Account) Reserve Fund - CFD 03-3 (Money Market Account) City Improvement Fund - CFD 03-3 (Money Market Account) EMWD Improvement Fund - CFD 03-3 (Money Market Account) Acquisition Account Fund - CFD 03-3 (Money Market Account) Cost of Issuance Fund - CFD 03-3 (Money Market Account) City of Temecula City Treasurer's Report As of February 27, 2004 $ 128,899,119 4,699,044 (7,810,874) $ 125,787,289 Maturity/ Purchase Termination Market Par/Book Institution Yield Date Date Value Balance City Hall Na $ 1,500 Union Bank n/a (2,435,463) (1) Union Bank n/a 12,040 (1) State Treasurer-LAIF 1.440% 65,795,714 (2) Federal Home Loan Bank 2.250% 5222003 6/192006 1,000,630 1,000,000 Federal Home Loan Mortgage Co 2,000% 6/62003 6/302006 998,960 1,000,000 Federal Home Loan Bank 1.885% 6262003 1232006 1,000,630 1,000,000 Federal Home Loan Bank 2.250% 6262003 7/242006 1,000,940 1,000,000 Federal Home Loan Bank 2.500% 7/162003 8/142006 2,005,000 2,000,000 Federal Home Loan Bank 3.430% 12/112003 6/152007 LWO,630 1,000,000 Federal Home Loan Bank 3.500% 12222003 6222007 2,002,500 1,997,500 Federal Home Loan Bank 3.375% 12292003 12292006 2,003,120 2,000,000 Federal Home Loan Mortgage Co 3,000% 12302003 3292007 1,000,490 996,000 Union Bank n/a 3,630 CommunityNatimalBank n/a 241,150 U.S. Bank (First Am Treasury) 0.460% 397,319 CDC Funding Corp 5.430 % 9112017 500,000 U.S. Bank (Fast Am Treasury) 0.460% 511,932 CDC Funding Corp 5.430 % 9/12017 1,531,469 U.S. Bank (Fast Am Treasury) 0.460% 83,012 U.S. Bank (Fast Am Treasury) 0.460% 817,467 U.S. Bank (Fast Am Treasury) 0.460% 771,126 U.S. Bank (Fast Am Treasury) 0.460% 2,749 U.S. Bank (Fast Am Treasury) 0.460% 131,087 U.S. Bank (First Am Treasury) 0.460% 3,533,520 U.S. Bank (Fast Am Treasury) 0,460 % 390,718 U.S. Bank (Fast Am Treasury) 0,460 % 44,636 U.S. Bank (First Am Treasury) 0.460% 872,718 U.S. Bank (Fast Am Treasury) 0.460 % 1,505,527 U.S. Bank (First Am Treasury) 0.460% 1,002,148 U.S. Bank (Fast Am Treasury) 0,460 % 2,293,538 U.S. Bank(Fast Am Treasury) 0.460% 1,080,158 U.S. Bank (First Am Treasury) 0.460% 2,171,743 U.S. Bank (Fast Am Treasury) 0.460% 8,627,476 U.S. Bank (Fast Am Treasury) 0.460% 3,628,444 U.S. Bank (First Am Treasury) 0.460% 9,914,363 U.S. Bank (First Am Treasury) 0.460% 143,526 .— f Cash and I weshssents Footfall.: Maturity/ Purchase Termination Markel Par/Book Type of Investment Institution Yield Date Date Value Balance Redemption Fund - CFD 03-04 U.S. Bank (First Am Treasury) 0.460 % 61,414 (Money Market Account) Reserve Fond - CFD 03-04 U.S. Bank (First Am Treasury) 0.460 % 99,664 (Money Market Account) Improvement Fund - CFD 03-04 U.S. Bank (First Am Treasury) 0.460 % 1,041,727 (Money Markel Account) Cost of Issuance Fund - CFD 03-04 U.S. Bank (First Am Treasury) 0.460 % 3,546 (Money Market Account) Project Account -RDA TABS State Treasurer-LAIF 1.440% 6,218,605 (Local Agency Investment Fund) Project Fund - TCSD COPS U.S. Bank (First Am Treasury) 0.460 % 9,497 (Money Market Account) Project Fund - TCSD COPS State Treasurer-LAIF 1.440 % 2,785,976 (Local Agency Investment Fund) $ 125,787,289 (I) -This amount is net of outstanding checks. (2)-At February 27, 2004 rural market value (including accrued interest) for the Local Agency Investment Fund (LAIF) was $54,142,480,776. The City's proportionate sbare of that value is $65,834,630. All investments are liquid and currently available. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Page 2 CITY OF TEMECULA Cash and Investments Report Through February 2004 Fund Total 001 GENERAL FUND 26,683,674.64 100 STATE GAS TAX FUND 109,581.47 101 STATE TRANSPORTATION FUND 73,121.07 120 DEVELOPMENT IMPACT FUND 14,798,489.72 140 COMMUNITY DEV BLOCK GRANT 0.00 150 AB 2766 FUND 96,758.70 160 AB 3229 COPS 111,723.00 165 RDA LOW/MOD - 20% SET ASIDE 7,256,052.71 170 MEASURE A FUND 4,012,107.36 190 TEMECULA COMMUNITY SERVICES DISTRICT 330,662.07 192 TCSD SERVICE LEVEL B 97,276.00 193 TCSD SERVICE LEVEL C 285,528.61 194 TCSD SERVICE LEVEL D 132,159.91 195 TCSD SERVICE LEVEL R 25,352.99 210 CAPITAL IMPROVEMENT PROJECTS FUND 20,490,759.75 261 CFD 88-12 ADMIN EXPENSE FUND 13,314.85 271 CFD 01-2 HARVESTON IMPROVEMENT FUND 3,533,519.59 274 AD03-4 JOHN WARNER ROAD-CIP 0.00 275 CFD03-3 WOLF CREEK-ADMIN EXPENSE 50,000.00 280 REDEVELOPMENT AGENCY - CIP PROJECT 5,920,695.23 300 INSURANCE FUND 1,201,396.77 320 INFORMATION SYSTEMS 617,358.48 330 SUPPORT SERVICES 185,456.34 340 FACILITIES 38,561.88 380 RDA 2002 TABS DEBT SERVICE FUND 1,426,189.58 390 TCSD 2001 COP's DEBT SERVICE FUND 134,463.47 460 CFD 88-12 DEBT SERVICE RESERVE FUND 3,434,692.82 470 CFD 01-2 HARVESTON DEBT SERVICE FUND 2,173,425.95 471 CFD 98-1 WINCHESTER HILLS DEBT SERVICE 11,472.13 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 6,299,175.99 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 1,206,351.62 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 25,565,711.20 Grand Total: 125,787,288.93 ITEM 5 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: ' , (City Manager/City Council FROM: V, NVilliam G. Hughes, Director of Public Works/City Engineer DATE: April 13, 2004 SUBJECT: Substitute Agreements and Bonds for Public Improvements in Tract No. 29133 (Located East of Ynez Road and North of Santiago Road) PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. ACCEPT substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map 29133. 2. ACCEPT substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map 29133. 3. AUTHORIZE the release of the existing Faithful Performance and Monumentation Bonds (in the form of Certificate of Deposits) for Tract Map 29133. 3. DIRECT the City Clerk to so advise the developer and surety. BACKGROUND: On April 8, 2003, the City Council approved Tract Map No. 29133, and entered into Subdivision Improvement Agreements with J. Michael Lanni. The original subdivider has recently sold the project to Gallery Traditions Partners, LLC. Gallery Traditions has submitted substitute bonds and agreements. The following lists existing securities and agreements secured by J. Michael Lanni and posted by Harbor National Bank to be released: Faithful Performance Bond (Certificate of Deposit) Account No. 002101061 in the amount of $161,500 to cover street, drainage, sewer, and water improvements. Monumentation Bond (Certificate of Deposit) Account No. 002101061 in the amount of $2,500 to secure monumentation. Accompanying the agreements submitted by the new owner are the following substitute bonds posted by Developers Surety and Indemnity Company as follows: Faithful Performance Bond No. 834040S in the amount of $240,909 to cover street, drainage, sewer, and water improvements. I R:WAGENDA REPORTS\2004\041304\TM29133.Bond Substitution.DOC Labor and Materials Bond No. 834040S in the amount of $120,460 to secure labor and materials. Monument Bond No. 834039S in the amount of $7,000 to secure monumentation. The dollar amounts for the substitute Faithful Performance Bond and Monumentation Bond are greater than the original bonds due to additional proposed improvement work as shown on the approved revised improvement plans. FISCAL IMPACT: None ATTACHMENTS: 1. Project Vicinity Map 2. Tract Map 29133 2. Substitute Subdivision Improvement Agreement 3. Substitute Subdivision Monument Agreement 4. Substitute Subdivision Faithful Performance Bond 5. Substitute Subdivision Labor and Material Bond 6. Substitute Subdivision Monumentation Bond 2 RAAGENDA REPORTS\2004\041304\TM29133.Bond Substitution.DOC �Fjjj] a G � � C W � € U o�¢o NKp�zU<Oz �< aWU wO � mU mv�k'^vai a�w a a o0 V] Um020 amz Wo E=o,2u OF Nw o¢oo n daa r �aWu • 0°mz�zo O o mo zo� 60� �2 O0I F .a00 o V o saw wa�wo aao wz QQ4w o U , mo zm 'g�mz zz.V, as o->> y�WFZp SwONP O J 000ry U3�Oa a w mpN m W If, _99ax� 8� �g`hah �m 2�hha� tla gshi�� P is 4NNE[Pf PS191Yys� � � {K a.h 'rt83C €i�Q � <'1F� K 9tko h€S�: k�g� F L O N W m O f 121 E h a$ j�< $ � • i � z R �• R}' % ail 4 i9 oo G Ii g@$ � h+ghg IN e _o S�� gY i3 gi �c'g� ppgYg o . xN8 N n • n{ s n N• d w," 4,,M4 9} P$ 1 �9 � <h OYpy� �3� 0 C"pFT� A 8 M �98 m \� Olt, 4�gggxJ 6 Ty�f �P3�3t� N a umwl ��m.m' A h O O x n ¢ JIO ^ Z m F' o who i@ 3 1� . Cm�a �� ar rrrorp f Z � b �3S � - d 0 Z q NQo N�d'Kj F- RV WNU 6� y UmO�O 6mZWO N W � XMSy'l3'E OFtnw 0- OPo F�<WU N g •OmZJO O Om W (jy ge 1 m0 <OO O Fezo A ! m <<�wi A'. <<aw \}— U W � O -ZJ 1m-pq Ow m2 O0FON 6zI. v W N�o 0,io om N S��S^ m z y��on dWmJ O e < MOR r9 Z,m 8S.W a 6� O n jrylp.Vj < Si F7 o sy. a rD < z n� O n N Z UM yJ w fa Os �v �p I 8 R7 1111II11mil 11Ay — ktO+3. T (NOTw�Os' IztO .ss7 I l _ - d .- f IYMEZ ROAD = a m vic 96 eozzz NOi'N X rNEZ ROAD pyp� Ri `J ITEM 6 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Ity Manager/City Council Y' FROM: " illiam G. Hughes, Director of Public Works/City Engineer DATE: April 13, 2004 SUBJECT: Authorize Temporary Street Closures for Portions of Butterfield Stage Road and Calle Chapos for Installation of Rancho California Water District Transmission Mains PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Steve Charette, Associate Engineer RECOMMENDATION: That the City Council approve the temporary street closures for portions of Butterfield Stage Road and Calle Chapos, and adopt a resolution entitled: RESOLUTION NO.2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING A TEMPORARY STREET CLOSURE FOR PORTIONS OF BUTTERFIELD STAGE ROAD AND CALLE CHAPOS (AS SHOWN ON THE ATTACHED EXHIBITS A AND B) FOR A DURATION OF UP TO 30 DAYS TO ALLOW FOR WATER TRANSMISSION MAIN CONSTRUCTION. BACKGROUND: Increasing water supply demands in the northeasterly portion of the City require that Rancho California Water District (RCWD) install new transmission water mains along certain sections of Butterfield Stage Road, Calle Chapos, Nicolas Road and Murrieta Hot Springs Road. The proposed water main system will connect two existing RCWD water zones located north and south of La Serena Way. The two zones will be connected via the proposed extension of Butterfield Stage Road between Chemin Clinet and Murrieta Hot Springs Road. The installation of the water mains will occur concurrently with the construction of Butterfield Stage Road and Murrieta Hot Springs Road extensions. Construction of the road extensions will be performed by the developers of Shea Homes and Roripaugh Ranch pursuant to the conditions of approval for each development. The RCWD water main construction will consist of two phases as follows: Phase 1 will include installation of major water pipeline facilities in Butterfield Stage Road between La Serena Way and Murrieta Hot Springs Road, Calle Chapos between Butterfield Stage Road and Walcott Lane, Nicolas Road between Butterfield Stage Road and Jessie Circle, and Murrieta Hot Springs Road between Butterfield Stage Road and Pourroy Road. No full closures will be required during Phase I construction and two-way traffic will be maintained. 1 R:\AGENDA REPORTS\2004\041304\Butterfield Stage-Calle Chapos Street Closure.doc Phase 2 will consist of the installation of pipeline facilities in Butterfield Stage Road between Chemin Clinet and La Serena Way, and in Calle Chapos between Walcott Lane and Riverton Lane. The portion of Calle Chapos between Walcott Lane and Riverton Lane will require full closure due the limited width of the road. During the period of time between Phase 1 and 2, Butterfield Stage Road will be constructed between Calle Chapos and Nicolas Road. This completed section of Butterfield Stage Road will allow the necessary detour of the closed Calle Chapos during Phase 2. As mentioned above, the portion of Butterfield Stage Road between Chemin Clinet and La Serena Way will also require a temporary closure. This section of Butterfield Stage is currently under construction by the developer and will be constructed to half width and paved full -section to final surface elevations. The half -width construction of Butterfield Stage Road will be completed prior to the start of RCWD's water main construction for Phase 2. Therefore, Phase 2 of the water main construction will require the installation work to occur after construction of the half -width improvements. The road section will be opened to traffic for approximately six months prior to the start of Phase 2. A full closure is required along this portion of Butterfield Stage Road for the water line installation due to the limited width of the graded half -width road and the size of the water main to be installed. Once the water line has been installed the entire 12-foot traveled lane disturbed by the trench excavation will be repaved by RCW D per City standards. Both street closures will occurwithin a single 30-day period sometime during the months of October and November of 2004. The actual street closure dates will be finalized once the contract has been awarded by RCWD and a construction schedule is confirmed. Traffic control plans for both Phases 1 and 2 have been approved. Signs indicating detour routes will be posted as shown on the approved traffic control plan. Business and residents in the vicinity of the work will be notified of impending work and street closures at least 14 days in advance of construction. The contractor shall also post special advanced notification signs indicating duration of construction, a minimum of one week prior to construction. FISCAL IMPACT: None. ATTACHMENTS: 1. Resolution No. 2004- 2. Exhibit "A" — Detour Route — Butterfield Stage Road 3. Exhibit "B" — Detour Route — Calle Chapos 2 RAGENDA REPORTS\2004\041304\Butterfield Stage-Calle Chapos Street Closure.doc RESOLUTION NO.2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING A TEMPORARY STREET CLOSURE FOR PORTIONS OF BUTTERFIELD STAGE ROAD AND CALLE CHAPOS (AS SHOWN ON THE ATTACHED EXHIBITS A AND B) FOR A DURATION OF UP TO 30 DAYS TO ALLOW FOR WATER TRANSMISSION MAIN CONSTRUCTION. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and, WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and, WHEREAS, Increasing water supply demands in the northeasterly portion of the City require that Rancho California Water District install certain transmission water mains along portions of Butterfield Stage Road, Calle Chapos, Nicolas Road and Murrieta Hot Springs Road ; and, NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve the temporary street closures on Butterfield Stage Road between Chemin Clinet and La Serena Way and on Calle Chapos between Walcott Lane and Riverton Lane to allow for construction certain transmission water main improvements (RCWD Project No. 98020) during a single 30-day period between October 1 and November 30, 2004; and, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the City Engineer to permit the temporary street closures of Butterfield Stage Road and Calle Chapos, as shown in Exhibit "A" and Exhibit "B" of this resolution and made a part thereof, for a period of up to 30 days during construction of water facility improvements as noted above. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 131h day of April 2004. Michael S. Naggar, Mayor ATTEST: Susan W.Jones, CMC, City Clerk 3 RIAGENDA REPORTS\2004\041304\Butterfield Stage-Calle Chapos Street Closure.doc [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2004- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 13th day of April 2004, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 4 RAAGENDA REPORTSt2004\041304\Butterfield Stage-Calle Chapos Street Closure.doc a wZZ : J N W O Z cZa En U � wU�WQOQ � o wmON� m���H I.- o U J F a W s p a Z w Ud' mZ U w CJ 1=- O N U1-- W W 'Q ti U N jr 30blS `I`M' Iv q q Q a�3i��3u�e Tr O L H Z I- r< U � w W Z N W ZZ` 3N'dl U U a (' �p lloo-ivm p� ~ �t w a N CD O� } O 26 Q � Qf W A° w w G�� 0 W w N vi N 3 O 0 Q W z H _ N o J v 4 d U W r � r Q 3 Q w ti� O U uj �Q K g MURRIETA SPECBE �SWI�GNSEE BELdrl del 4 asp c? n DRAWINGS SHEETS 24-27 NOT TO SCALB a C3 TEMECULA wqY ADVANCED NOTIACATION SIGN (TYP.) CALLE CHAPOS FROM u RIVERTON LANE TO WALCOTT LANE WILL BE CLOSED TO THRU TRAFFIC FROM DATE TO DATE, LOCAL TRAFFIC ONLY SPECIAL SIGN ROAD SEE BELOW a SEE NOTE 4 4No CALLE CHAPOS n poi Cs(R) I wI FUTURE STREET FI NOT IN SERVICE VISTA DEL MONTE ROA CALLE CHAPOS DETOUR PLAN NOT TO SCALE EXHIBIT `B' ITEM 7 CITY ATTORNEY DIRECTOR OF FII CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council AL FROM: /Wr William G. Hughes, Director of Public Works/City Engineer DATE: April 13, 2004 SUBJECT: All -Way Stop Control — Meadows Parkway and Royal Oaks Drive PREPARED BY: Ali Moghadam, Principal Engineer -Traffic RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO.2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL -WAY STOP CONTROL AT THE INTERSECTION OF MEADOWS PARKWAY AND ROYAL OAKS DRIVE BACKGROUND: The City received a request to review the sight distance for vehicles turning left from Royal Oaks Drive onto Meadows Parkway and for students on bicycles crossing Meadows Parkway. An evaluation of the intersection's sight distance revealed that the sight distance is limited due to alignment of Meadows Parkway. The Caltrans Traffic Manual indicates that the multi -way stop signs may be useful at locations where the volume of traffic on intersecting roads is approximately equal and/orwhere a combination of high speed, restricted sight distance and an accident history indicates that assignment of right-of-way is necessary. A Multi -Way Stop Warrant Analysis was performed to determine if the minimum warrant criteria for the installation of an All -Way Stop Control were satisfied. Although the analysis indicates that a multi -way stop control is notjustified at this location based on volume and accident history, the analysis indicates that a multi -way stop control would be appropriate at this location because the sight distance visibility falls below the minimum requirement for prevailing speeds. At their meeting of March 25, 2004, the Public/Traffic Safety Commission considered the request and approved (5-0) the staff recommendation to establish an All -Way Stop Control at the intersection of Meadows Parkway and Royal Oaks Drive. FISCAL IMPACT: Funds are available in Public Works Signing and Striping Account ATTACHMENTS: 1. Resolution No. 2004- 2. Exhibit "A" — Location Map 3. Exhibit "B" — Public/Traffic Safety Commission Agenda Report — March 25, 2004 r:\Agenda Report\2004\0413\stopmeadowsroyaloaks.reso RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL -WAY STOP CONTROL AT THE INTERSECTION OF MEADOWS PARKWAY AND ROYAL OAKS DRIVE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the facts justifying the need for the stop signs proposed for the location described in this resolution. The City Council hereby finds and determines that installation of the stop signs pursuant to this resolution will enhance the public health and safety and general welfare at this location and the proposed stop signs will not create any adverse conditions in the area. SECTION 2. Pursuant to Section 10.12.100, of the Temecula Municipal Code, the following All -Way Stop intersection is hereby established in the City of Temecula. Meadows Parkway and Royal Oaks Drive SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 13th day of April 2004. ATTEST: Susan W. Jones, CMC, City Clerk Michael S. Naggar, Mayor r%Agenda Report\2004k04l3\stopmeadowsmyaloaks.reso [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2004- was duly and regularly adopted by the City Council at a regular meeting of the City Council on the 13th day of April 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk r:\Agenda Report\2004\0413\stopmeadowsroyaloaks.reso 15 AGENDA REPORT TO: Public/Traffic Safety Commission FROM: eA)Ali Moghadam, P.E., Principal Engineer - Traffic DATE: March 25, 2004 SUBJECT: Item 5 Multi -Way Stop Signs — Meadows Parkway and Royal Oaks Drive RECOMMENDATION: That the Public/Traffic Safety Commission recommend that the City Council adopt a resolution establishing Multi -Way Stop signs at the intersection of Meadows Parkway and Royal Oaks Drive. BACKGROUND: The City received a request to review the sight distance for vehicles turning left from Royal Oaks Drive onto Meadows Parkway and for students on bicycles crossing Meadows Parkway. The public has been notified of the Public/Traffic Safety Commission's consideration of this issue through the agenda notification process and by mail. Meadows Parkway is classified as a 76 foot wide four (4) lane Major Highway on the City's General Plan Circulation Element with two travel lanes in each direction, a raised median and a bike lane in each direction. The Average Daily Traffic (ADT) on Meadows Parkway is approximately 4,800 south of La Serena Way. The speed limit is posted at 45 MPH on Meadows Parkway. Royal Oaks Drive is a 40 foot wide residential street with one travel lane in each direction. The prima facie speed limit is 25 MPH on Royal Oaks Drive. A review of the accident history for the twenty-four (24) month period from January 1, 2002 to December 31, 2003, indicates that there was only one (1) collision at this intersection. This collision however, was a left -turn collision and was not attributed to sight distance. The Caltrans Traffic Manual indicates that the multi -way stop signs may be useful at locations where the volume of traffic on intersecting roads is approximately equal and/orwhere a combination of high speed, restricted sight distance and an accident history indicates that assignment of right-of-way is necessary. Multi -way stop signs should not be used for controlling vehicular speed. There are three (3) criteria that Caltrans has established for the evaluation of Multi -Way Stop signs. These criteria are as follows: Where signals are warranted and urgently needed, the multi -way stop may be an interim measure that can be installed quickly to control traffic while arrangements are being made for the signal installations. c\tratri6commissn\agenda\2004\0325\wabashandsr7g/ajp 2. An accident problem, as indicated by five (5) or more reported accidents within a twelve (12) month period of a type susceptible to correction by a multi -way stop installation. Such accidents include right and left -turn collisions as well as right-angle collisions. 3. Minimum Traffic Volumes a. The total v ehicular v olume a ntering t he i ntersection f rom a II a pproaches m ust average at least 500 vehicles per hour for any eight (8) hours of an average day, and b. The combined vehicular and pedestrian volume from the minor street or highway must average at least 200 units per hour for the same eight (8) hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hour, but C. When the 85th percentile approach speed of the major street traffic exceeds 40 miles per hour, the minimum vehicular volume warrant is 70 percent of the above requirements. The Multi -Way Stop warrant analysis performed for the intersection indicates that the existing volumes are considerably lower than the applicable warrant criteria. Based on the volume warrant criteria multi -way stop controls are not justified at Meadows Parkway and Royal Oaks Drive. A review of the prevailing speed data on Meadows Parkway indicates that the 851h percentile speed is 50 MPH in the vicinity of the Royal Oaks Drive intersection. An evaluation of the intersection's sight distance indicates that the visibility from Royal Oaks Drive looking north was unobstructed. However, the sight distance visibility looking south from Royal Oaks Drive falls below the minimum stopping sight distance for a 52 MPH speed due to the vertical alignment of the roadway. A sight distance of approximately 500 feet is required for a prevailing speed of 52 MPH. The evaluation determined that the sight distance visibility does not meet the minimum requirement. The warrant analysis indicates that multi -way stop controls are notjustified at this location based on volume and accident history. However, the Caltrans Traffic Manual states that multi -way stop controls may be considered at intersections where the sight distance cannot be improved by removing the obstruction. Although it is likely that the installation of the stop sign will increase noise levels due to vehicular acceleration and deceleration, staff recommends the installation of multi -way stop signs at this location based on the lack of sufficient sight distance and visibility. FISCAL IMPACT: Funds are available for the installation of signs and associated pavement markings in the Public Works Routine Street Maintenance Account. Attachment: 1. Exhibit "A" — Location Map 2. Exhibit'B" — Multi -Way Stop Warrant Analysis r:\tmfOc\wmmissn\agenda\2004\0325\wabashandsr79/ajp ITEM 8 CITY ATTORNEY DIRECTOR OF FI CITY MANAGER CITY OF TEMECULj AGENDA REPORT TO: City Manager/City Council FROM: 4 william G. Hughes, Director of Public Works/City Engineer DATE: April 13, 2004 SUBJECT: Acquisition Agreement for the Community Theater -Project No. PW02-23 PREPARED BY: Amer Attar, Principal Engineer Marilyn Adarbeh, Property Agent RECOMMENDATION: That the City Council: Approve and authorize the City Manager to execute in substantially the form attached hereto, the PURCHASE AND SALE AGREEMENT BETWEEEN CITY OF TEMECULA AND DENNIS G. and PATRICIA A. MUNYON FAMILY TRUST, for the acquisition of certain real property in the amount of $107,000.00 plus the associated escrow fees. 2. Direct the City Clerk to record the document 3. Adopt a Resolution entitled: RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 BACKGROUND: On February 24, 2003, the City Council approved the Appraisal Report and authorized the City Engineer and the City's Property Agent, to make offers and negotiate the acquisition of certain real properties required for the construction of the Community Theater, Project No. PW02-23. On March 2, 2004, the City delivered to Dennis G. and Patricia A. Munyon Family Trust an offer to purchase the property interests of a portion of Fourth Street as shown on the Map of the Town of Temecula, which was vacated by Resolution No. 87-272 of the City of Temecula per instrument no. 218023, dated July 29, 1987 Official Records of Riverside County California. The portion to be acquired is part of APN 922-035-015 & 16, as described in the Agreement. The negotiations have concluded as set forth herein. The attached Purchase and Sale Agreement describe the details for the acquisition of the real property interests necessary to construct the improvements for the future Community Theater. The purchase amount, $107,000.00, is within the contingency amount the City Council authorized for this purchase. Upon the approval of the Purchase and Sale Agreement and the close of escrow, the City will own a portion of Fourth Street, vacated by Resolution 87-272 by the City of Temecula, APN 922-035-015 & 16. R:\agdrpt\2003\0610\PW02-11 automall Agree Additionally, Government Code section 27281 permits governmental agencies to authorize one or more of its officers or agents to accept and consent to acceptance for recordation any interest in real estate. This authorization given to the Public Works Department, by resolution of the City Council, will expedite the processing of the real estate transactions. FISCAL IMPACT: The Community Theater, Project No. 02-23, is a Capital Improvement Program Project for Fiscal Year 2003-2004 and is funded through the Redevelopment Agency. Sufficient funds are available for the total acquisition costs and the associated escrow fees. ATTACHMENTS: 1. Resolution No. 2004- 2. Project Location 3. Project Description 4. Purchase and Sale Agreement R:\agdrpt\2003\0610\PW02-11 automall Agree RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVES AS FOLLOWS: WHEREAS, Government Code Section 27281 permits any political corporation or governmental agency to authorize one or more of its officers to accept and consent to acceptance for recordation any interest in real property; WHEREAS, the City Council finds that authorizing the Director of Public Works to accept deeds or grants conveying any interest in, or easement upon, real estate will speed up the processing of real estate transactions; WHEREAS, the City Council desires to authorize the Director of Public Works to accept deeds or grants conveying any interest in, or easement upon, real estate; NOW, THEREFORE BE IT RESOLVED; The Director of Public Works is hereby authorized to accept deeds or grants conveying any interest in, or easement upon, real estate for the City Council of the City of Temecula. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 13th day of April, 2004 by the following vote: ATTEST: Susan W. Jones, CMC, City Clerk Michael S. Naggar, Mayor R:\agdrpt\2003\0610\PW02-11 automall Agree STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2004- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 13th day of April, 2004 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:\agdrpt\2003\0610\PW02-11 automall Agree ( Q k 7 \ a I , N \ } A/4\k\\ / k� \\\\ � ; § \ \ \ \ \ § m ~ ){ " \2 § \j \\* )� 1 __ " w0 \j U 6 j g 8 )§(\ 5 \)j\ \ m®) \] 2#2 \\)0 ±) m _ e AA& $� 2) \ \d 4/ ) ƒ 2/ � - , � )\ ( ?% /\ ) a ) ) ) K ® ) / A QJ/me £A PROJECT: Old Town Community Theater APN: 922-035-015 & 016 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT is entered into by and between the CITY OF TEMECULA ('Buyer") and Dennis G. and Patricia A. Munyon, Trustee of the Munyon Family Trust dated 4/9/92 ("Seller"). RECITALS A. Seller owns certain real property located in the City of Temecula, Riverside County, California, bearing Assessor Parcel No. 922-033-015 & 016, more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Larger Parcel"). B. Buyer desires to purchase a fee interest in the Larger Parcel, identified as APN 922-033-015 & 016, shown on Exhibit "A" attached hereto and made a part hereof (the "Property") and Seller desires to sell the Property. C. The parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Property. AGREEMENT The parties therefore agree as follows: PURCHASE. Buyer agrees to buy and Seller agrees to sell and convey the Property for the purchase price and upon the terms and conditions hereinafter set forth. ESCROW. Upon execution of this Agreement by all parties, the parties shall open an escrow (the "Escrow") with FIRST AMERICAN TITLE (the "escrow Holder"), for the purpose of consummating the purchase and sale of the Seller's interest in the Property as described herein. The parties hereto shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to consummate the transaction contemplated by this Agreement. Any such instructions shall not conflict with, amend, or supersede any provisions of this Agreement. If there is any inconsistency between such instructions and this Agreement, this Agreement shall control unless the parties expressly agree in writing otherwise. The Escrow Instructions shall include the following terms and conditions of sale: Page 1 of 2 2.1 Purchase Price. The total purchase price for the Property shall be the sum of One Hundred Seven Thousand Dollars ($107,000.00) for an all-inclusive settlement. The purchase price shall be paid by Buyer to Seller in cash at the Close of Escrow. Buyer shall deposit prior to Close of Escrow the funds required to be deposited by it in order to allow the Escrow to close. 2.2 Close of Escrow Escrow shall close on or before sixty (60) days or sooner, following the execution of this Agreement ( the "Close of Escrow"). If Escrow is not in a condition to close by the Close of Escrow, any party who is not then in default may, in writing, demand the return of its money and/or documents. Thereupon all obligations and liabilities of the parties under this Agreement shall cease and terminate. If no such demand is made, Escrow shall be closed as soon as possible thereafter. 2.3 Condition of Title to Property. Seller shall cause the conveyance of his interests in the Property to Buyer as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance ("Title Policy") purchase price. The Title Policy shall show as exceptions with respect to the Property only matters approved in writing by Buyer. Notwithstanding the foregoing, any exceptions to title representing monetary liens or encumbrances are hereby disapproved by Buyer, and Escrow Holder is hereby authorized and instructed to cause the reconveyance, partial reconveyance, or subordination, as the case may be, of any such monetary exceptions to Buyer's title to the Property at or prior to the Close of Escrow. 2.4 Escrow and Closing Costs. A. Because of Buyer's status as a public agency, no documentary transfer tax will be payable with respect to this conveyance, pursuant to California Revenue and Taxation Code Section 11922. Similarly, no recording fees will be payable with respect to the recording of the Grant Deed, pursuant to Government Code Section 27383. Buyer shall pay the cost of the Title Policy, the Escrow fees, and all other costs and expenses incurred herein. B. To the extent that Seller has prepaid any taxes or assessments attributable to the Property, Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any. In no case, however, shall Buyer credit or otherwise pay Seller fro that refund, if any, through or outside of Escrow. Page 2 of 2 2.5 Deposit of Funds and Documents. A. Prior to Close of Escrow, Buyer shall deposit into Escrow (i) all Escrow and Closing Costs as described above: (ii) the purchase price to be paid to Seller through Escrow; (iii) such other documentation as is necessary to close Escrow. B. Prior to the Close of Escrow, Seller shall deposit into Escrow (i) the properly executed Grant Deed for conveyance of his interests in the Property to Buyer; and (ii) such other documents and sums, is any, as are necessary to close Escrow in conformance herewith. 2.6 Buyer's Conditions Precedent to Close of Escrow. The close of Escrow is subject to the following conditions: (a) All representations and warranties of Seller set forth in this Agreement shall be true and correct as of the date of the Close of Escrow: and (b) Seller shall timely perform all obligations required by the terms of this Agreement to be performed by them. 2.7 Seller's Conditions Precedent to Close of Escrow. For the benefit of Seller, the Close of Escrow shall be conditioned upon the timely performance by Buyer of all obligations required by the terms of this Agreement. 3. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow: (a) The execution and delivery of this Agreement by Seller, Seller's performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Seller is at present a party or by which Seller is bound; (b) To Seller's knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Property is pending, proposed or threatened; (c) Seller will not enter into any agreements or undertake any new obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect his interest in the Property without the prior written consent of Buyer; Page 3 of 3 (d) Seller has and shall have paid, before Close of Escrow, his pro rata share of all taxes and assessments levied and assessed against the Larger Parcel. If not paid prior to Close of Escrow, Seller hereby authorizes Escrow holder to disburse to the taxing authority, from funds otherwise due to Seller, an amount sufficient to satisfy his pro rata share of said taxes and/or assessments; and (e) Seller is aware of his obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the Property. Seller warrants and represents to Buyer that Seller is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the Larger Parcel. 4. ACKNOWLEDGMENT OF FULL BENEFITS AND RELEASE A. By execution of his Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for damages, relocation assistance benefits, interest, loss of goodwill, severance damages, claims for inverse condemnation or unreasonable precondemnation conduct, or any other compensation or benefits other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller herby acknowledges that he either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have Page 4 of 4 materially affected his settlement with the debtor' Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses in the future. Nevertheless, Seller herby acknowledges that this Agreement has been negotiated and agreed upon I light of that situation, and hereby expressly waive any and all rights which they may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. This acknowledgment and release shall survive the Close of Escrow. 5. REMEDIES. If Seller defaults under this Agreement, then Buyer may, at Buyer's option, terminate the Escrow or initiate and action for specific performance of this Agreement, in addition to pursuing any other rights or remedies that Buyer may have at law or in equity. If Buyer defaults under this Agreement, then Seller may, at Seller's option, terminate the Escrow or pursue any rights or remedies that Seller may have at law or in equity. 6. MISCELLANEOUS. A. Notice. Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: Seller: Dennis G. & Patricia A. Munyon 945 N. Los Alisos Fallbrook, CA 92028 Buyer: Peter Thorson City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Any notice or other document sent by registered or certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice or other document in the United States mail. Page 5 of 5 B. Time of Essence. Time is of the essence with respect to each and every provision hereof. C. Assignment. Neither this Agreement, nor any interest herein, shall be assignable by any party without prior written consent of the other parties. D. Governing Law. All questions with respect to this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. E. Inurement. Subject to the restrictions against assignment as herein contained, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the parties hereto. F. Attorney Fees. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs. G. Entire Agreement, This Agreement contains the entire Agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. H. Additional Documents. All parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement. I. No Merger. All warranties, representations, acknowledgments, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the Grant Deed. J. Authority to Execute on Behalf of Buyer. Shawn Nelson represents to Seller that he is the City Manager of the City of Temecula and that he is authorized by Buyer to execute this Agreement on its behalf. K. Ratification. This Agreement is subject to approval and ratification by the City Council of the City of Temecula. L. Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. Page 6 of 6 RIGHT OF POSSESSION. "It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this agreement, the right of possession and use of the subject property by the Buyer, including the right to remove and dispose of improvements, shall commence upon execution of this document by the City Manager of the City of Temecula or the close of escrow controlling this transaction, whichever occurs first, and that amount shown in Clause 2.1 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date." EXECUTED on the date or dates set forth below. This Agreement shall be effective as of the date signed by all parties. DATED: 3LI'7101 SELLER: RECOMMENDED FOR APPROVAL: 0 DATED: (to be dated by the Mayor) BUYER CITY OF TEMECULA By: Shawn Nelson, City Manager ATTEST: Susan W. Jones, CMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attomey Page 7 of 7 ITEM 9 APPROVAL CITY ATTORNEY DIRECTOR OF FII CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council 41W FROM: illiam G. Hughes, Director of Public Works/City Engineer DATE: April 13, 2004 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Jefferson Avenue Pavement Rehabilitation — Phase 11, from approximately 650 feet south of Overland Drive to Rancho California Road; PW02-26 PREPARED BY: Amer Attar, Principal Engineer Mayra De La Torre, Associate Engineer RECOMMENDATION: That the City Council approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Jefferson Avenue Pavement Rehabilitation — Phase II from approximately 650 feet south of Overland Drive to Rancho California Road; Project No. PW02-26. BACKGROUND: The Jefferson Avenue Pavement Rehabilitation Project consists of two (2) phases. A few years ago, Phase I addressed improvements along Jefferson Avenue from the northerly City limit line to approximately 650 feet south of Overland Drive. This project, which is Phase 11, i ncludes a bout 6 ,4001 inear f eet o f p avement rehabilitation along Jefferson Avenue between approximately 650 feet south of Overland Drive to Rancho California Road. Jefferson Avenue Pavement Rehabilitation - Phase II will include complete pavement reconstruction, which will lower the roadway elevation within the project limits, minimal driveway and curb & gutter removal and replacement, utility relocations, signing & striping, traffic control and other appurtenant items. This project will ultimately improve and extend the life of the pavement. In addition, because the roadway will be lowered, existing problems at many driveways due to high elevations of the road will be eliminated. The specifications and contract documents have been completed and the project is ready to be advertised for construction bids. The contract document is available for review in the City Engineer's office. The Engineer's Construction Estimate for this project is $2,200,000.00. FISCAL IMPACT: The Jefferson Avenue Pavement Rehabilitation — Phase II is a Capital Improvement Program Project and funded with Measure A and Capital Project Reserves. Once the bids are received and the contract amount is known, it may be necessary to transfer funds from the Capital Improvement Program Project for the Pavement Rehabilitation Program — Citywide. ATTACHMENTS: 1. Location Map 2. Project Description RAAGENDA REPORTST00410413MM02-20 BID.DOC a W a O k� F z �' a a z 0 d :� F d 0 L z� a 0 ° 0 U H o M v O E N Q C 0 w 0 O V 0 0 N O O N O O N 0 O O 0 ff o N M If O o o A o O O O 000 -: 0 0 C) h M 64 69 69 O 0 0 69 M� I w C r ♦' u 0 O W Lti � 0 ❑ 0 c 0 •� ab au 7u Cr C r S7 7 O O D O O n a, M 7 M o0 .y .r A `q W)11 r2 q 2 t � I k / C* � k ) B ) k ? f!} ]u / - ); / \ } Wi of \} }\}\} \� \ � . ! ; )$)0 \ \ ) k\))0 / e ITEM 10 APPROVAL CITY ATTORNEY DIRECTOR OF FINAI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: 4Ailliam G. Hughes, Director of Public Works/City Engineer DATE: April 13, 2004 SUBJECT: Professional Services Agreement for Geotechnical and Material Testing Services — LOR Geotechnical Group, Inc. Pechanga Parkway Phase IIA Storm Drain Improvements Project No. PW99-11SD PREPARED BY: Amer Attar, Principal Engineer - Capital Projects Steven Beswick, Associate Engineer - Capital Projects RECOMMENDATION: That the City Council: 1. Approve an agreement with LOR Geotechnical Group, Inc. in an amount not to exceed $78,690.00 to provide as needed geotechnical and material testing services for the Pechanga Parkway Phase IIA Storm Drain Improvements, Project No. PW99-1 1 SD, and authorize the Mayor to execute the agreement. 2. Authorize the City Manager to approve amendments to the agreement not to exceed the contingency amount of $7,869.00, which is equal to 10% of the agreement amount. BACKGROUND: The Pechanga Parkway Storm Drain Improvements, Project No. PW99-11SD will require g eotechnical, m aterials t esting, a nd s pecial i nspection s ervices. T he contract with LOR Geotechnical Group, Inc. will provide the needed professional services for the project. On March 23, 2004, the City Council awarded a construction contract forthe Pechanga Parkway Phase IIA Storm Drain Improvements, Project No. PW99-11SD, to Yeager Skanska, Inc.. Thereafter, City staff evaluated five proposals received for geotechnical and materials testing services for the subject project. LOR Geotechnical Group, Inc. was selected to provide the needed services based upon their experience with similar projects, previous work performed in Riverside County, and theirexpertise with specific task assignments. RAAGENDA REPORTS\2004\041304\GeetechM99-11 SD.a9r. DOC FISCAL IMPACT: The geotechnical and laboratory materials testing services for the Pechanga Parkway Phase IIA Storm Drain Improvement Project will be funded through Development Impact Fees - Street Improvements, a contribution from the Pechanga Indian Tribe, the Wolf Creek Community Facilities District, and AD-159. The total authorization for this professional services agreement is $86,559.00, which includes the agreement in the amount of $78,690.00, plus the 10% contingency of $7,869.00. Adequate funds are available in Account No. 210-165-668-5804. ATTACHMENTS: 1. Project Location 2. Project Description 3. Agreement with LOR Geotechnical Group, Inc. R:\AGENDA REPORTS\2004\041304\GemechPW99-11 SO. agr. DOC -1 F O a r_ x O 3 Gr O •�i P. � G oo�a000� oo�oogoo� p ed.1 O O v1 O d F. e N mNd ... b o rn u v ...� b vj yr vi O 0 N O O O 0 0 0 3 rn o N ado y 7 oMo N D` �y W Vl Vl O0 h Q N b W N Q w M =90 O pO O O. O, O O m N V O Ow h .-+ N f 69 69 fA V) 0 5 0 � U p A > F O q N b oo m G co N Q U T y A N aA� c0 'u 51 w m 0 U AawF- d 9 U c U M tira a p U O rn L O 'O O N G F O 7 0 F Q Q U U Cl W .-I F w W M4 CITY OF TEMECULA AGREEMENT FOR GEOTECHNICAL AND LABORATORY MATERIALS TESTING SERVICES PECHANGA PARKWAY PHASE IIA STORM DRAIN IMPROVEMENTS WOLF VALLEY CREEK CHANNEL — STAGE 1 PROJECT NO. PW99-11SD THIS AGREEMENT, is made and effective as of April 13, 2004, between the City of Temecula, a municipal corporation ("City') and LOR Geotechnical Group, Inc., ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on April 13, 2004, and shall remain and continue i n e ffect u ntil t asks d escribed h erein a re c ompleted, b ut i n n o e vent I ater t han December 31, 2005, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, performs all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Consultant shall not bill the City for any travel time and expenses associated with it, nor shall the Consultant charge a set minimum number of hours for each site visit. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Seventy Eight Thousand Six Hundred Ninety Dollars and No Cents ($78,690.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. DEFAULT OF CONSULTANT. a. The Consultant's failure to complywith the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and otherdocuments prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Cityand may be used, reused or otherwise disposed of by the Citywithout the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 O6 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional L iability I nsurance s hall b e w ritten o n a p olicy f orm providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One Million Dollars $1,000,000 peroccurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) peraccidentfor bodily injury or disease. (4) Professional Liability coverage: Two Million Dollars ($2,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall f urnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, I etters o f s upport, testimony a t d epositions, response t o i nterrogatories o r other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: To Consultant: Mailing Address: City of Temecula PO Box 9033 Temecula, California 92589-9033 Attention: City Manager Physical Address: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager LOR Geotechnical Group, Inc. 6121 Quail Valley Court Riverside, California 92507 Attention: M. Kevin Osmun, PE, Vice President 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without priorwritten consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses forthe relief granted. 18. PROHIBITED INTEREST. Noofficer, oremployeeof the CityofTemecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT LOR Geotechnical Group, Inc. 6121 Quail Valley Court Riverside, California 92507 (909) 653-1760 M. Kevin Osmun, PE, Vice President John P. Leuer, GE, President (Signatures of two corporate officers required for Corporations) LOR GEOTECHNICAL GROUP, INC. Soil Engineering ♦ Geology ♦ Environmental EXPANDED SCOPE OF SERVICES WOLF VALLEY CREEK CHANNEL PROJECT CITY OF TEMECULA, CALIFORNIA PROJECT NO. PW 99-11SD, RFP NO. 126 REFERENCE NO. 2404A.P APRIL 1, 2004 Prepared For: City of Temecula Capital Projects 43200 Business Park Drive Temecula, California 92590 Attention: Mr. Steven Beswick LOR GEOTECHNICAL GROUP, INC. Soil Engineering ♦ Geology ♦ Environmental April 1, 2004 City of Temecula Capital Projects 43200 Business Park Drive Temecula, California 92590 Attention: Mr. Steven Beswick Reference No. 2404A.P Subject: Expanded Scope of Services, Wolf Valley Creek Channel Project, City of Temecula, California, Project No. PW 99-11 SD, RFP No. 126. Reference: Proposal to Provide Professional Geotechnical and Construction Materials Testing Services, Wolf Valley Creek Channel, (Project No. PW99-11SD), Temecula, California, (RFP No. 126), dated March 8, 2004, Reference No. 2404.P. Pursuant to your request, we are providing an expanded scope of services for the professional geotechnical and construction materials testing for the Wolf Valley Creek Channel project as outlined in the above referenced proposal provided by this firm. The following is a time frame for each task and the personnel we will assign to the project. For the length of the project we have used a time frame of 150 days. At this point in time, it is impossible to determine which of our field technicians or deputy inspector will be available for the project. We will endeavor to provide the same personnel throughout the length of the project, but depending on the timing, this may not be practical. We have estimated that, based on the man hours we have proposed, the cost will be Seventy -Eight Thousand Six Hundred Ninety Dollars ($78,690.00). If the deputy inspector is required for the steel and concrete inspection, then an additional time of City of Temecula Reference No. 2404A.P April 1, 2004 200 hours would be necessary for an additional cost of Seventeen Thousand Dollars ($17,000). Our cost will be billed on a time and materials basis with charges only for the actual work conducted. Time tickets will be provided to your field inspector to accurately track the time we are present on the project. SCOPE OF WORK The scope of work we are proposing for the project will be to provide compaction and construction materials testing services. We propose the following items of work: compaction testing for the grading of the alignment, the utility relocation, the backfill of the RCB, the backfill of the new water line, street subgrade, aggregate base, and asphalt concrete. Construction materials testing will consist of quality compliance of the aggregate base, asphalt concrete, and Portland Cement Concrete supplied to the project. Additionally, we will cast concrete cylinders during the concrete pours for the project. TASK ANALYSIS The following task analysis provides a breakdown of the scope of work in more detail: TASK ASSIGNED PERSONNEL ESTIMATED QUANTITY UNIT COSTS ESTIMATED COST Plan and Specification Review John P. Leuer, GE 8 Hours $180/hour $1,440.00 Progress Meetings John R. Muir, Staff Engineer 24 Hours $95/hour $2,280.00 Grading of Channel Bottom Field Technician 36 Hours $85/hour $3,060.00 Backfill of Utilities Field Technician 24 Hours $85/hour $2,040.00 Backfill of Water Line Field Technician 16 Hours $85/hour $1,360.00 Relocated Utilities Backfill Field Technician 24 Hours $85/hour $2,040.00 Backfill of RCB Field Technician 200 Hours $85/hour $17,000.00 Subgrade and Base Testing Field Technician 36 Hours $85/hour $3,060.00 Asphalt Concrete Testing Field Technician 16 Hours $85/hour $1,360.00 2 City of Temecula April 1, 2004 Reference No. 2404A.P TASK ASSIGNED PERSONNEL ESTIMATED QUANTITY UNIT COSTS ESTIMATED COST Miscellaneous Compaction Testing (driveway, sidewalk, curb & gutter) Field Technician 24 Hours $85/hour $2,040.00 Concrete Sampling Deputy Inspector 200 Hours $85/hour $17,000.00 Batch Plant Inspection ACI Certified Technician 160 Hours $85/hour $13,600.00 Laboratory Compaction Laboratory Technician 8 Tests $130/150/test $1,080.00 Laboratory Sieve Analysis Laboratory Technician 8 Tests $65/test $520.00 Laboratory Sand Equivalent Laboratory Technician 9 Tests $50/test $450.00 Laboratory AC Extraction Laboratory Technician 2 Tests $200/test $400.00 Laboratory AC Density Laboratory Technician 2 Tests $110/test $220.00 Laboratory AC Stability Laboratory Technician 2 Tests $140/test $280.00 Laboratory R-Value Laboratory Technician 2 Tests $230/hour $460.00 Laboratory Concrete Breaks Laboratory Technician 200 Breaks $20/test $4,000.00 Reports John P. Leuer, GE 4 Reports $1,250/report $5,000.00 ESTIMATED TOTAL $78,690.00 EXPANDED SCOPE OF SERVICES Grading of the Channel Bottom The grading of the channel bottom will entail the removal of unsuitable material and the replacement of that material with compacted fill to grade. We expect an engineer, geologist, or senior field technician from this firm will verify the suitability of the channel bottom. The refilling operation with compacted material will be conducted by a senior field technician. We anticipate a total of 36 hours will be necessary for the verification of the bottom and the compaction testing during the filling of the channel bottom to grade. Utility Backfill During the construction of the project, utility lines will need to be relocated and new utility lines, including water, will need to be installed. We anticipate a total of 64 hours of technician time will be necessary for this portion of the project. In all likelihood, some of 3 LOR GEOTECHNICAL GROUP, INC, Soil Engineering ♦ Geology ♦ Environmental the utility backfill will be conducted while we are already on the site conducting other work items, such as RCB backfill. Concrete Sampling We have proposed one set of five concrete cylinders per 150 cubic yards (c.y.) of concrete placed or as requested by the field inspector. Maximum breaks would be one at 7 days and two at 28 days with the remaining cylinders as spares. As on previous City projects, we anticipate the field inspector will provide a time frame for us to be on the site to cast the cylinders for the current day's pour. For a cost basis, we have estimated 150 c.y. of concrete per day for 42 days and 3 days of miscellaneous concrete for a total of 50 days. We have estimated 200 hours, or 4 hours per pour, for the concrete cylinders. This will be conducted by an ACI certified or deputy inspector. RCB Backfill In addition to the concrete for the RCB, backfill compaction testing will also be conducted. Once the backfill operation has started, we expect our field technician to be on -site daily. Again, we have anticipated 200 hours of field technician time will be required to provide to the compaction testing. Street Testing Testing of the street will entail testing of the subgrade, aggregate base, and asphalt concrete. We have estimated 52 hours will be necessary to conduct these tests by our field technician. It is our understanding that our services will be provided on an on -call basis with the scheduling to be conducted by your field inspector or project manager. CLOSURE We trust this expanded scope of services meets your needs. If you require additional information or have any questions, please do not hesitate to contact this firm at your convenience. Respectfully submitted, City of Temecula April 1, 2004 LOR Geotechnical Group, Inc. M. Kevin Osmun, PE, REA II Vice President John P. Leuer, GE President MKO:mmm Distribution: Addressee (2) and via email Reference No. 2404A.P LORGEOTECHNICAL GROUP, INC. Soil Engineering ♦ Geology ♦ Environmental March 8, 2004 City of Temecula Reference No. 2404.P Department of Public Works 43200 Business Park Drive Temecula, California 92590 Attention: Mr. Steven W. Beswick, P.E., Associate Engineer - CIP Subject: Proposal to Provide Professional Geotechnical and Construction Materials Testing Services, Wolf Valley Creek Channel, (Project No. PW99-1 1 SD), Temecula, California, (RFP No. 126). Thank you for this opportunity to submit this proposal to provide professional geotechnical and construction materials testing services for the Wolf Valley Creek Channel, (Project No. PW99-1 1 SD), Temecula, California. We have reviewed your Request for Proposal for this project which outlines the requirements for the materials testing and geotechnical services for the project area. t Based on our experience with public work agencies and Caltrans on similar projects we are aware of the current soils and materials testing requirements for a project of this nature. Our field and laboratory personnel are Caltrans certified to conduct the testing required. For those elements of the project requiring Deputy Inspection for structural ' steel and structural concrete, LOR will provide this service with a qualified inspector. Enclosed within please find the requested information qualifying LOR Geotechnical i. Group, Inc., to provide professional geotechnical and construction materials testing services for the Wolf Valley Creek Channel. Your RFP dated February 24, 2004 is + considered in its entirety part of this proposal. i 6121 Quail Valley Court ♦ Riverside, CA 92507 ♦ (909) 653-1760 • Fax (909) 653-1741 City of Temecula March 8, 2004 Reference No. 2404.P As you have questions concerning the information in our proposal, please do not hesitate to contact this office at your convenience. Respectfully submitted, LOR Geote nical Group, Inc. M. Kevin Osmun, PE Vice President MKO:mmm ' Distribution: Addressee (4) 9 . LOR GEOTECHNICAL GROUP, INC. City of Temecula March 8, 2004 A. SCOPE OF SERVICES Reference No. 2404.P LOR Geotechnical Group, Inc. shall perform the following services in accordance with the City of Temecula's Quality Assurance Program and the project plans and specifications: • Review the project plans and specifications with emphasis on geotechnical and construction materials testing services and attend progress meetings as required. • Our observations and field testing services shall be available 24 hours a day. • Observation and field testing services during all phases of site grading (including but not limited to removal of unsuitable soils, approval of areas to receive fill and mass fill placement). • Field observation and testing during trench backfilling operations, structural backfill observation and compaction testings, as required. • Field sampling and density testing during roadway subgrade, aggregate base, and asphalt concrete placement. • All necessary laboratory testing to support field services and additional R-value testing as directed by the City. Testing will satisfy Caltrans and/or other regulatory agency requirements. I Concrete and structural steel inspection requiring a licensed Deputy Inspector, as necessary. r • Batch plant inspections, for both asphalt concrete and concrete, as necessary. • Concrete sampling and testing using an ACI Certified technician. • Professional consulting services to support geotechnical and construction materials testing services where items of work need correction and/or remedial i. recommendations, if needed. • Preparation of field and final reports documenting all services provided. 1 i LOR GEOTECHNICAL GROUP, INC. City of Temecula March 8, 2004 B. STATEMENT OF QUALIFICATIONS Reference No. 2404.P LOR Geotechnical Group, Inc. (LOR) has been providing professional geotechnical consulting and construction materials testing services to the private and public sector in southern California for over fifteen years. Our engineers, geologists, and technical support personnel will be committed to serving the City of Temecula with personal, timely, technical service. We believe that you will find our understanding of our duties for this project to be unsurpassed and our individual and combined experience will be an asset to the project team. • LOR provides an organization of qualified personnel to support the technical need of this project. Our laboratory is currently approved by the California Department of Transportation (Caltrans). Our field and laboratory personnel are Caltrans and American Concrete Institute certified. LOR will also provide special inspection services for structural steel and structural concrete, if necessary. Our organizational chart, resumes of the principals, and certificates follows. LOR's office/laboratory is located at 6121 Quail Valley Court in the City of Riverside, California. This location is approximately 30 minutes from the project. LOR Geotechnical Group, Inc. has no other office. C. INSURANCE REQUESTS LOR Geotechnical Group, Inc. is able to meet all of the insurance requirements in the RFP and, if selected, will make the City additionally insured. i' D. UNDERSTANDING OF THE PROJECT As we understand it, the project will consist of a trap channel that will transition into three 14-foot by 7-foot RCB along the proposed alignment. Some minor grading will be required along the alignment prior to the construction of the storm drain improvements. We will provide a qualified soil technician during the grading of the channel. We understand that the Riverside County Flood control District (RCFCD) will provide inspection of the storm drain improvement. We will provide an inspector and deputy inspector for the concrete batch plant and at the pour during concrete i placement. `A i 1. LOR GEOTECHNICAL GROUP, INC. EXHIBIT B PAYMENT RATE AND SCHEDULE u R9CIP\PROJECTS\PW 99\9Si 1SO Wolf Valley Creek ChannenAgreemen6\LOR Geotechnical Group Inc AgreementCoc LOR GEOTECHNICAL GROUP, INC, Soil Engineering ♦ Geology ♦ Environmental FEE SCHEDULE October 1, 2003 Geotechnical Engineering LOR Geotechnical Group, Inc. provides geotechnical engineering services, including: preliminary geotechnical investigations, foundation investigations, percolation feasibility investigations, liquefaction evaluation investigations, as well as grading observation and testing services. Geological LOR Geotechnical Group, Inc. provides geological services, engineering geology investigations, seismic setting studies, slope stability investigations, liquefaction susceptibility investigations, hydrology/water resource studies, and bedrock rippability evaluations. Environmental LOR Geotechnical Group, Inc. provides, environmental site assessments, underground storage tank investigations and remediation investigations, groundwater monitoring systems, soil and groundwater sampling and analysis, and environmental studies for property transfers. All costs for Geotechnical Engineering, Geological, and Environmental Services are based on the site and investigative parameters requested. FEES The hourly personnel charges and laboratory test unit rates are as follows: Personnel Charges -Hourly Principal Engineer $180.00 Project Engineer/Geologist $110.00 Staff Engineer/Geologist $95.00 Soil Technician (Field or Laboratory) $65.00 Soil Technician (Prevailing Wage) $85.00 Drafting $60.00 Clerical $50.00 Laboratory Testing Charges - Unit Costs Moisture Content $10.00 Moisture/Unit Weight (Ring) $16.00 Sieve Analysis (Soil) $65.00 Sieve Analysis (Aggregate) $85.00 Sand Equivalent $50.00 Sand Equivalent - QC $100.00 #200 Sieve Wash $40.00 Mechanical Analysis $140.00 Atterberg Limits $140.00 Proctor (4") $130.00 Proctor (6" or Cal-216) $150.00 Consolidation $130.00 Expansion Index $120.00 Direct Shear $180.00 R-Value $230.00 Permeability $350.00 Concrete Cylinder Compressive Strength $20.00 Soluble Sulfate $50.00 Chemical Tests By Quote Asphalt Concrete Density & Stability $180.00 Asphalt Concrete Density $110.00 Asphalt Concrete Stability $140.00 Asphalt Extraction & Gradation $200.00 TERMS Reimbursable Expenses Outside services performed by others and direct costs expended on the client's behalf are charged at cost plus ten percent. These expenses include rental of drill rigs, bulldozers, backhoes, travel and subsistence, permits, reproduction costs, etc. Travel Time Mileage, travel time, truck and standard equipment charges are included in the hourly technician fee. Overtime The hourly prevailing wage rate is $85. An overtime rate of $105 will be used for time in excess of 8 hours per day and Saturdays. An overtime rate of $125 will be added for work on Sundays and an overtime rate of $165 will be used for work on Holidays. Prepayments A retainer of fifty percent of the total fee is required for all field studies. The balance of the fee must be paid at the time the report is released to the client. Billing Billings will be provided periodically and will be classified by fee categories set forth above or as given by proposal. Terms of Payment Invoices rendered for professional services are due upon presentation. A service charge of 1.5 percent, per month, may be charged on accounts not paid within thirty days to cover additional processing and carrying costs. Any attorney's fees or other costs incurred in collecting any delinquent account will be paid by the client. ITEM 11 CITY ATTORNEY DIRECTOR OF FI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: JW, ty Manager/City Council FROM: illiam G. Hughes, Director of Public Works/City Engineer DATE: April 13, 2004 SUBJECT: Award the Construction Contract for Project No. PW04-03 Slurry Seal Project — FY 2003-2004 PREPARED BY.rmerAttar, Principal Engineer Avlin R. Odviar, Assistant Engineer n RECOMMENDATION: That the City Council: Award a construction contract for Project No. PW04-03 Slurry Seal Project — FY 2003- 2004, to American Asphalt South, Inc. in the amount of $515,669.89 and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $51,566.99, which is equal to 10% of the contract amount. BACKGROUND: On February 24, 2004 the City Council approved the Construction Plans and Specifications and authorized the Department of Public Works to solicit construction bids for the subject project. The project involves surface cleaning and crack sealing designated roadways, applying Type I or Type II Rubberized Emulsion — Aggregate Slurry (REAS), and replacing striping and pavement markings. This will inhibit the infiltration of water into the road structural section and prolong the service life of the pavement. Five (5) bids were received and publicly opened on Thursday, March 25, 2004. The results were as follows: 1. American Asphalt South, Inc. $515,669.89 2. California Pavement $520,934.71 3. Bond Blacktop, Inc. $526,966.63 4. Pavement Coatings Co. $596,985.31 5. Sudhaker Company Int'I $608,705.75 A copy of the bid summary is available for review in the City Engineer's office. RAGENDA REPORTS\2004\041304\PW04-03AWARD.DOC Staff has reviewed the bid proposals and found several mathematical errors. The above bid results reflect corrected dollar amounts. The corrections did not impact the position of the lowest responsible bidder, American Asphalt South, Inc. of Fontana, California. American Asphalt South, Inc. has extensive experience in the application of REAS and has successfully completed similar projects for the City in the past. The Engineer's estimate for this project was $740,000.00. The specifications allow forty-five (45) working days for the completion of this project. FISCAL IMPACT: Funds are available in the Public Works Department, Maintenance Division, Routine Street Maintenance Fiscal Year 2003-2004 Operating Budget Account No. 001-164-601- 5402. The total project cost is $567,236.88, which includes the contract amount of $515,669.89 plus 10% contingency of $51,566.99. ATTACHMENT: 1. Contract 2. Location Maps RAAGENDA REPORTS\2004\041304\PW04-03AWARD.DOC CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW04-03 SLURRY SEAL PROJECT - FY 200312004 THIS CONTRACT, made and entered into the 131h day of April 2004, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and American Asphalt South, Inc., hereinafter referred to as "CONTRACTOR." W ITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW04- 03, SLURRY SEAL PROJECT - FY 2003/2004, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT N O. P W04-03, S LURRY S EAL PROJECT - F Y 2 003/2004. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications, for PROJECT NO. PW04-03, SLURRY SEAL PROJECT - FY 2003/2004. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT CA-1 ROPWRCJECTSIPW041MM3 Slurry Seal Prol FY0304WAERICANASPHAL71Co&N dot The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW04-03, SLURRY SEAL PROJECT - FY 2003/2004 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: FIVE HUNDRED FIFTEEN THOUSAND SIX HUNDRED SIXTY NINE DOLLARS and EIGHTY NINE CENTS ($515,669.89), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed forty-five (45) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be CONTRACT CA-2 RICIPWR0JECMMD4TWW3 SimySeN Prq H03-04NMERICPNASPHALXmtatdot made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. CONTRACT CA-3 RICIPPROJECTS%PW04WW0403 Slu"Seal Proj FY03-04NMERICANASPHAMnta dot Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and CONTRACT CA4 RI CIPPROJECTSIPW04TW04-03 Sturry Seal Pq FY0304MERICANASPHALTICa&tr da places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Street Address: William G. Hughes William G. Hughes Director of Public Works/City Engineer Director of Public Works/City Engineer City of Temecula City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Temecula, CA 92590-3606 CONTRACT CA-5 R:U"R0JECr&PWG4%PWW3 Slu Seal Prol M3-041AAERICANASPNALMwtxtdol IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR American Asphalt South, Inc. 14436 Santa Ana Ave. Fontana, CA 92337 (909)427-8276 Lyle Stone, Secretary Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA Michael S. Naggar, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT CA-6 R:10"ROJECTSTW04WW09-07 Slurry Seal Prot H0106NMERICPNNSPFKT'GantractUot `- y-+ X W GIUNOOD AM N� 4e S IQ lO )I'J C U K ON YU NI K U [� z.0!!� s INA _ N LL bJ A �_ 1' W 0 M a � t G \(A wzz 2 h YUBALI0. WILL RO O Ort N RA '; 4 RIVERL VANNEERUN rj Q� � rc 6 S4i � M\Yj C�J 0 A M O d g G A S 0b � Y �J aj 1 r� 5 HESTN 0PV LO co M0SEL E h N y?D VIA Mtir" f 3W OAV OWd g 3�'T11tl8 < H U � VERGES i3 rc Z V C TJ � 54Y!>� << S h fY J Z2pd r� UDC WA RENATE� !M � U d6 caWOOD ' w�5 c+ s 50 IR r OE O pR o1 L p5• 'p� yl SNP z Y f 1 V �® NNCFJR MOPAW`� i W / I ITEM 12 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tim Thorson, Director of Information Systems DATE: April 13, 2004 SUBJECT: Implementation of Geographic Information Systems (GIS)/Global Positioning System (GPS) in Police Vehicles RECOMMENDATION: That the Council approve a Pilot Evaluation of GIS/GPS in Police Vehicles. BACKGROUND: At your January 13, 2004 Council meeting, Councilman Jeff Stone noted the benefits of having GIS/GPS in Fire vehicles. Councilman Jeff Stone further recommended that City staff examine the feasibility of installing a digital map capability in Police Department vehicles. The full City Council concurred with this recommendation, and the following information has been prepared in accordance with Council direction. For the past two years, the City's Fire Department has successfully used Plant Equipment's Orion MapMobile software on Fujitsu 3500 Pen Tablets. These devices were integrated into front line emergency fire response vehicles with Gamber/Johnson mounting bracket hardware. All fire vehicles have mobile computers with mapping and GPS referencing capabilities and the ability to access pre-plan/floor plan images stored within the computer. Specifically the program provides all units with the ability of find the location of an emergency incident and routing that unit to the location of the incident. The location to an incident can be identified by asking the system to find an intersection, typing in an address, or by selecting the desired area and zooming into it. The system provides a map and written directions indicating the route to the incident and an icon displaying the current GPS location of the responding unit. To find the location the system first searches the parcel database, and if it is unable to find a match the street centerline data with its address range field is searched to find the location. The mapping component of the program utilizes baseline GIS data including street centerline, parcel, fire hydrant, city limits, schools, parks, public facilities, public safety facilities and commercial centers. The parcel data provides the exact location of the incident and hydrant information allows the responding unit to ascertain the side of the street and direction that the equipment should be on. The other layers provide additional information to assist in referencing the incident and identifying potentially sensitive locations. DISCUSSION: In order to capture the benefits and lessons learned from the Temecula Fire Department, a Police Department Pilot Evaluation is recommended by City Staff. The following goals are proposed for this pilot evaluation: • Deploy Plant Equipment's Orion MapMobile software in two designated police vehicles. • Utilize/develop baseline map data that are accurate and easily updateable. • Utilize hardware in the form of a stand alone tablet PC, which will be mounted on the designated vehicles. • Determine ways to coordinate with the County Sheriff to integrate this capability into existing onboard Mobile Data Computer (MDC). • Utilize/develop a program that integrates GPS technology. Standalone Tablet PC's are recommended for this Pilot due to the ongoing integration issues with existing County Sheriff MDC's. The long term goal of this program is to integrate GIS/GPS technology with existing onboard County MDCs. This Pilot Evaluation should last for approximately 6 months after which time a complete report will be provided to the Traffic Commission and City Council with recommendations for deployment of the next phase of this capability. FISCAL IMPACT: Adequate funds are available in the Police Department line item budget for this pilot evaluation. ATTACHMENT: Cost Breakdown by item. Attachment A Price Cost Breakdown of GIS Pilot Systems 1. Tablet PC: a) Two (2) HP TC1000 Tablet PC's & Accessories b) Two (2) AC/DC Power Adapters Unit Price Total Price $2,330.00 $130.00 $4,660.00 $260.00 2. Plant Equipment MapMobile License Fee a) Two (2) Orion License Keys $165.00 $330.00 3. Gamber Johnson Vehicular Integration: a) Two (2) Clamp $500.00 $1,000.00 b) Systems Integration Labor $500.00 $1,000.00 4. GPS: a) Two (2) Trimble $350.00 $700.00 b) Miscellaneous Cables, Connectors & H/W $150.00 $300.00 Pilot Project TOTAL: $8,256.00 ITEM 13 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn Nelson, City Manager DATE: April 13, 2004 SUBJECT: LNG/CNG Fueling Station Funding PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council: 1. Designate $150,000 of AB 2766 funds as a cost share toward the public access natural gas fueling station planned at the corner of Diaz Road and Rancho Way and 2. Authorize the City Manager to enter into any agreement as deemed necessary with Down's Commercial Fueling and/or State of California on the utilization of AB 2766 funding BACKGROUND: For several years, the City has been partnering with Down's Commercial Fueling in their effort to secure enough grant funds to design and construct a clean fueling station on their property. Down's is planning to construct a publicly accessible liquefied natural gas (LNG) and liquefied to compressed natural gas (LCNG) fueling station at the company's existing commercial fueling facility located at 27985 Diaz Road. The construction of the station is estimated to be $833,333. Down's has secured $250,000 from a 2001 South Coast Air Quality Management District (AQMD) funding program, $215,518 from the California Energy Commission, $26,315 Downs Commercial Fueling, $25,000 Riverside County (pending Board Decision April 131"), and the key is a $166,500 grant application that is currently under consideration by the South Coast Air Quality Management District. This decision is expected to be made April 23rd. The City of Temecula's proposal to pledge a $150,000 towards this project will make this project wholly funded with the pending decision by the Air District later this month. The following represents the many advantages of such a project: ♦ This station will be the first of its kind in the United States where a publicly accessible LNG facility will be established at an existing retail cardlock fueling site; The Temecula natural gas station is critically located less than one -mile from Interstate 15 and two miles from Interstate 215. The nearest compressed natural gas (CNG) station is currently in Hemet. Fueling at this location requires an approximately 50-mile roundtrip from Temecula. This is a significant barrier to improving the air quality in our part of the South Coast Air Basin and to compliance with certain South Coast AQMD regulations; This strategically located station will utilize state-of-the-art equipment and will serve a variety of light-, medium- and heavy-duty natural gas vehicles from Camp Pendleton, Laidlaw Transit, CR&R refuse and the County of Riverside. The station will also serve other clean fuel commercial trucks and vehicles traveling throughout the region, and will help promote increased use of clean -burning natural gas throughout the region; ♦ Approximately 10 tons of NOx per year will be reduced with the operation of the vehicles that will fuel at the station; ♦ Approximately 673,000 annual LNG gallons confirmed from fleets either from fleets already operating natural gas vehicles in the Temecula area, or would deploy such vehicles; ♦ The Downs station will be part of the ICTC, a network of fueling facilities that make interstate travel of LNG trucks possible, which has helped build 20 natural gas fueling stations and deploy over 450 natural gas trucks in California and Nevada. The Temecula station fills an important gap in our state's refueling infrastructure; ♦ The station will be compatible for the dispensing of hydrogen at a future date, which would be accomplished with the installation of the reformer, compressor, dispenser and storage tubes. Since 1991, local governments have received AB 2766 funds to implement programs that reduce air pollution from motor vehicles. The AB 2766 Subvention Program provides a funding source for cities and counties to meet the requirements of federal and state Clean Air Acts, and for implementation of motor vehicles measures in the SCAQMD Air Quality Management Plan (AQMP). Included in the City's CIP is a Park and Ride Project, that has AB 2766 funds programmed for FY 2003-04. It is fair to predict that these dollars cannot be spent this fiscal year and can be added to the balance of AB 2766 funds on hand, creating $150,000 that is eligible to be pledged toward the Down's Commercial Fueling Project. It will be necessary to backfill these borrowed funds towards the City's Park and Ride Project within the CIP with future AB 2766 funds or other identified revenue. FISCAL IMPACT: Funds are available and appropriate for such a use under the City's AB 2766 Subvention Fund Program. Staff has also received authorization from AQMD that this use of funds is acceptable for AB 2766 funds. ATTACHMENTS: Letter of Support-LNG/CNG Station Project Status and Funding Break Down City of Temecula 43200 Business Park Drive • Temecula. CA92590 • Mailing Address: P.O. Box 9033 • Temecula, CA 92589-9033 (9091 506-5100 • Fax 1909) 694-6499 Michael S. Nagger I March 29, 2004 Mayor Jeff Comerchero Mr. Mike Downs Mayor Pro -Tern Downs Commercial Fueling, Inc. 1296 Magnolia Ave. Ronald H. Roberts Corona, CA 92879-2098 Councilmember Jeffrey E. Stone Re: Temecula Public Access LNG/LCNG Refueling Station Councilmember CEC Contract Number 840948/ SCAQMD Contract Number Chuck Washington 8437498734 Councilmember Dear Mr. Downs, (9091506-5100 FAX 694-6499 Please let this letter serve as City of Temecula's commitment to provide $150,000 in AB 2766 funding as cost share toward the public access natural gas fueling station planned for your card lock fueling facility located at 27985 Diaz Road. These funds will be allocated from the City of Temecula's AB 2766 Revenues. It is my intention to draft an agreement for Down's signature that will identify the City's $150,000 contribution to this project. This agreement shall be approved by the City Council and will be scheduled for the next Council meeting, April 13, 2004. The City of Temecula has been coordinating with the Interstate Clean Transportation Corridor project, and anticipates that this station will encourage fleets operating along the 1-15 corridor to consider using natural gas -fueled trucks. The City of Temecula is pleased to add our support to that already provided by the California Energy Commission, the County of Riverside and the South Coast Air Quality Management District. The City of Temecula is glad that our funding will complete the funding package for this project, and we will work with Downs, the ICTC and the other funding agencies to make sure that the station if fully utilized. cerely, Ron Roberts Temecula City Council Member 0 Nnfed on Recycled Paper GLADSTEIN, NEANDROSS & AssocIATES, LLC.. Building an Environmentally & Socially Responsible Future MEMORANDUM TO: The Honorable Ron Roberts Temecula City Council FROM: Cliff Gladstein Gladstein, Neandross & Associates, LLC DATE: March 29, 2004 RE: TALKING POINTS ON THE DOWNS NATURAL GAS STATION Per our meeting on March 16"i, I have enclosed some talking points addressing the benefits of the natural gas station located at Downs Commercial Fueling in Temecula will bring to the South Coast Air Basin. A proposal was submitted to the South Coast AQMD's RFP for Proposals for Natural Gas Fueling Station Infrastructure (RFP #P2004-09) on December 16, 2003 for $250,000. Due to South Coast AQMD policy not to fund more than 50% of any project, the revised amount being requested is $166,500 (see enclosed budget). The recommendations for proposals to receive funding are to be brought to the April 23`d Technical Advisory Committee. While we have made significant strides in the continued development of this project, it is absolutely critical that this project be awarded this last piece of grant funding by the AQMD. We request that you please discuss the importance of this project with your colleagues as soon as possible in order to help ensure this project can finally be developed. To assist in these efforts, we have prepared the following talking points: ♦ This station will be the first of its kind in the United States where a publicly accessible LNG facility will be established at an existing retail cardlock fueling site; ♦ The Temecula natural gas station is critically located less than one -mile from Interstate 15 and two miles from Interstate 215. The nearest compressed natural gas (CNG) station is currently in Hemet. Fueling at this location requires an approximately 50-mile roundtrip from Temecula. This is a significant barrier to improving the air quality in our part of the South Coast Air Basin and to compliance with certain South Coast AQMD regulations; ♦ This strategically located station will utilize state-of-the-art equipment and will serve a variety of light-, medium- and heavy-duty natural gas vehicles from Gladstein, Neandross & Associates, LLC * 3015 Main Street, Suite 300 * Santa Monica, CA 90405 Tel: (310) 314-1934 * Fax: (310) 314-9196 TALKING POINTS ON THE DOWNS NATURAL GAS STATION MARCH 29, 2004 PAGE Camp Pendleton, Laidlaw Transit, CR&R refuse and the County of Riverside. The station will also serve other clean fuel commercial trucks and vehicles traveling throughout the region, and will help promote increased use of clean - burning natural gas throughout the region; ♦ Approximately 10 tons of NOx per year will be reduced with the operation of the vehicles that will fuel at the station; ♦ Approximately 673,000 annual LNG gallons confirmed from fleets either from fleets already operating natural gas vehicles in the Temecula area, or would deploy such vehicles; ♦ The Downs station will be part of the ICTC, a network of fueling facilities that make interstate travel of LNG trucks possible, which has helped build 20 natural gas fueling stations and deploy over 450 natural gas trucks in California and Nevada. The Temecula station fills an important gap in our state's refueling infrastructure; ♦ The station will be compatible for the dispensing of hydrogen at a future date, which would be accomplished with the installation of the reformer, compressor, dispenser and storage tubes. We appreciate the City of Temecula's support of this project, as well as your continued efforts to assist in securing the necessary remaining South Coast AQNID funds for this project. Please let me know if there is any further information about the project that I can provide to assist in your efforts. Gladstein, Neandross & Associates, LLC * 3015 Main Street, Suite 300 * Santa Monica, CA 90405 Tel: (310) 314-1934 * Fax: (310) 314-9196 TALKING POINTS ON THE DOWNS NATURAL GAS STATION MARCH 29, 2004 PAGE Downs Commercial Fueling — Temecula LNG/LCNG Station Project Budget n� s day d} i _io�t nMU Sh$a States s ° togg,_ e" t.m p ....... _ SCAQMD Natural Fueling Station $ 250,000 30% Approved Infrastructure Program (P2001-35) Approved CEC Alternative Fuel $ 215,518 26% Funds must be spent by April 30, PON 2004 or will be withdrawn Approved Downs Commercial Willing to contribute some funds, Fueling $ 26,315 3% in addition to in -kind property contribution. Approved Per telephone conversations with County of Riverside $ 25,000 3% Marilyn Williams, letter forthcoming Approved City of Temecula $ 150,000 18.00% Per e-mail from Councilmember Roberts, letter forthcoming TOTAL $ 833,333 100.00% 1 * Initially proposed amount of $250,000 revised to $166,500 due to South Coast AQMD policy and additional funds secured. Gladstein, Neandross & Associates, LLC * 3015 Main Street, Suite 300 * Santa Monica, CA 90405 Tel: (310) 314-1934 * Fax: (310) 314-9196 ITEM 14 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Anthony J. Elmo, Director of Building & Safety DATE: April 13, 2004 SUBJECT: Contract Inspection Services for Building and Safety RECOMMENDATION: That the City Council: 1. Approve an Agreement for Consultant Services with P & D Consultants to provide supplemental building inspection services to the Building and Safety Department in an amount of $33,000.00. 2. Approve a 10% contingency in an amount of $3,300.00 DISCUSSION: The City continues to experience a high level of construction activity. The City Council approved, at mid -year, the hiring of two (2) additional contract building inspectors. P & D Consultants has provided certified building inspectors to the City in the past and currently has qualified staff available to begin work for the City, immediately. FISCAL IMPACT: Funds are currently available under "Temporary Help" for this purpose. R:\BROCR IE AGENDMND CONSULTANTS04.DOC 1 416104 CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of April 13, 2004 between the City of Temecula, a municipal corporation, and P & D Consultants. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on April 13th, 2004 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2004, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Thirty three thousand dollars ($33,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed Thirty Three Hundred Dollars ($3,300.00). Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. rbr kmemgmtAP&D03-04 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. r.br kmcAagmts\P&D03-04 C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City. 9. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, office or employee of the City of Temecula has any interest, whether contractual, non - contractual, financial, or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. rbr kYneAagmtsT&D03-04 (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. rbro kmcmgmtsT&D03-04 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: rbro lunej�agmts\P&D03-04 To City: City of Temecula P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: P & D Consultants 999 Town & Country Road 4t' Floor Orange, CA 92868 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without priorwritten consent of the City. 9. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Agreement, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Michael Naggar, Mayor Attest: Susan W. Jones, CIVIC, City Clerk rbrmlaneilagmisT&D03-04 Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT BY. P & D Consultants Steven L. Patterson, Associate V.P. r:brmktneilegnts\P&D03-04 EXHIBIT A TASKS TO BE PERFORMED Perform combination building inspection on an as -needed basis. r:brmkxneAagmts\P&D03-04 i;*�-cn Iha PAYMENT SCHEDULE For and in consideration of the Contractor's services, inspection services shall be provided at the rate of $75.00 per hour, plus $.36 per mile for each mile accumulated while performing inspection services for the City. Should the City provide vehicular transportation for Contractor's use, no fees shall be charge for mileage. rbro kmemgmts\MD03-04 ITEM 15 APPROVAL L TTORNEY TOR OF FINANCANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn Nelson, City Manager DATE: April 13, 2004 SUBJECT: Opposition of AB 3007 (Plescia) Relating to Open Meetings PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING ASSEMBLY BILL 3007 (PLESCIA) WHICH DELETES FROM THE BROWN ACT SUBJECTS THAT MAY BE DISCUSSED IN CLOSED SESSION INCLUDING: REAL PROPERTY NEGOTIATIONS, ANTICIPATED LITIGATION, AND LIABILITY CLAIMS BACKGROUND: Under the Ralph M. Brown Act, any person may request that a copy of the agenda, or a copy of the agenda packet of documents, of any meeting or any regular meeting of a legislative body of a local agency be mailed to that person and the legislative body is permitted to charge a fee not to exceed the cost of providing the service. AB 3007 (Plescia) proposes to make technical changes which in staff's opinion, are very substantive and potentially damaging changes to closed session meetings. Under the act, specified subjects may be discussed by the legislative body in closed session if the agenda states certain information about the item of business to be discussed in closed session and the legislative body subsequently reports any action taken in closed session and the vote or abstention of every member present on the action. AB 3007 would delete from the subjects that may be discussed in closed session real property negotiations, discussion with legal counsel about anticipated litigation, and liability claims. It is staffs recommendation that the City Council oppose AB 3007 and urge our legislators to do the same. With the passage of this item, staff will develop formal letters of opposition coupled with the approved resolution to be sent to all relevant parties associated with AB 3007. The League of California Cities has already taken a formal position of opposition of AB 3007. In addition, this bill is set for a hearing in Sacramento on April 28'h in the Assembly Local Government Committee. FISCAL IMPACT: None ATTACHMENTS: Resolution No. 04- RESOLUTION NO.04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING ASSEMBLY BILL 3007 (PLESCIA) WHICH DELETES FROM THE BROWN ACT SUBJECTS THAT MAY BE DISCUSSED IN CLOSED SESSION INCLUDING: REAL PROPERTY NEGOTIATIONS, ANTICIPATED LITIGATION, AND LIABILITY CLAIMS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, AB 3007 (Plescia) would amend the Ralph M. Brown Act to delete from the subjects that may be discussed in closed session; and WHEREAS, AB 3007 would not allow real property negotiations to occur in closed session as well as discussions with legal counsel about anticipated litigation and liability claims, and WHEREAS, the League of California Cities is strongly opposed to AB 3007, and WHERAS, the City of Temecula will develop correspondence to send to appropriate legislators reiterating the City's position with respect to AB 3007. NOW, THEREFORE, BE IT RESOLVED THAT the City of Temecula hereby opposes the Assembly Bill 3007 (Plescia) by the Legislature, and directs the City Council to notify Assemblyperson Plescia, the Governor, the Assembly Local Government Committee, Assemblyman Haynes and Senator Hollingsworth of its support. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 13th day of April 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC, City Clerk (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 04- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 13`h day of April, 2004, by the following vote: AYES: 0 COUNCILMEMBERS NOES: 0 COUNCILMEMBERS: 3 ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CIVIC City Clerk ITEM 16 APPROVAL CITY ATTORNEY_ DIR. OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: April 13, 2004 SUBJECT: Amendment to Sales Tax Audit Agreement Prepared by: Jason Simpson, Assistant Finance Director RECOMMENDATION: That the City Council: 1) Approve the Fourth Amendment to the Sales Tax Consulting Services and Recovery Agreement with Hinderliter De Llamas and Associates for $25,000; 2) Appropriate $25,000 in the Finance Department consulting services budget which is funded by increased sales tax revenues. 3) Increase the Sales Tax Revenue estimates by $167,000. DISCUSSION: On July 1, 2001 the City and Hinderliter De Llamas and Associates entered into an agreement for sales tax audit and recovery. The original agreement has been amended three times prior to this amendment for an extension of the agreement term and for a not to exceed total value of $25,000 annually. Sale tax audit and recovery requires a continuous effort to insure the City is credited with sales tax by the State Board of Equalization. Recent efforts have resulted in additional sales tax recovery for the City by Hinderliter De Llamas and Associates. Payments to Hinderliter De Llamas and Associates are based on a monthly fee of $350 and a 15% finder's fee for all new sales and/or use tax revenue received by the City as a result of audit and recovery work performed by the Consultant. Through this agreement the Consultant maintains sales tax and audit data bases which provide essential monthly and quarterly sales tax updates for the City. The consultant also contacts the Businesses and State Board of Equalization to verify the accuracy of the sales tax reporting methodology and obtain the necessary documentation for the Board of Equalization, to modify allocation formulas, and to return sales tax revenue due to the City. This year's sales tax recovery by the Consultant has been greater than anticipated; therefore, it is necessary to increase the contract amount to $25,000. FISCAL IMPACT: The proposed appropriation will not impact the General Fund Balance, as Sales Tax Revenue Estimates will also be increased to offset the additional expenditures. Attachment: Fourth Amendment FOURTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND HINDERLITER DE LLAMAS & ASSOCIATES SALES TAX CONSULTING SERVICES & RECOVERY FEES THIS FOURTH AMENDMENT is made and entered into as of April 13, 2004 by and between the City of Temecula, a municipal corporation ("City") and Hinderliter de Llamas & Associates ("Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On July 1, 2001 the City and Hinderliter de Llamas & Associates entered into that certain agreement entitled "City of Temecula Contract Agreement for Sales Tax Consulting & Recovery Fees Agreement'). B. On July 2, 2002 the agreement was amended to extend the term of the agreement to June 30, 2003. C. On April 3, 2003 the agreement was amended to increase the payment for services in the amount of Six Thousand Four Hundred Dollars and No Cents ($6,400.00). D. On September 4, 2003 the agreement was amended to extend the term of the to June 30, 2004, and to establish the annual not to exceed amount payment of Twenty-five Thousand Dollars and No Cents ($25,000.00) that was approved on April 3, 2003. E. The parties now desire to amend the Agreement and increase the payment for services by Twenty Five Thousand Dollars and No Cents ($25,000.00). 2. Section 4 Payment of the Agreement is hereby amended to read as follows: 4. Payment. The C ity agrees to pay Consultant monthly, i n a ccordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon a ctual t ime s pent on t he a bove t asks. A ny t erms i n E xhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for the total term of the Agreement unless additional payment is approved as provided by this Agreement. 3. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. P:\Finance\ContraclsA-L.Hindediter.Sales Tax.FIN03-15.Amend3.2003 1 9/9/03 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA AN Michael S. Naggar, Mayor ATTEST: 10 Susan W. Jones, CMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR: Hinderliter de Llamas & Associates Attn: Lloyd de Llamas 1340 Valley Vista Drive #200 Diamond Bar, CA 91765 Phone (909) 861-4335 Fax (909) 861-7726 NAME: TITLE: Am NAME: TITLE: Two Signatures Required for Corporations" P:\Finance\ContractsA-L. Hinderliter.Sales Tax. FIN03-15.Amend3.2003 1 9/9/03 "Attachment A" EXHIBIT B PAYMENT RATES AND SCHEDULE Payment shall not to exceed $25,000.00 which includes costs for monthly and quarterly updates and audit recovery work. Contractor shall establish the sales tax and audit data bases and shall provide the monthly and quarterly updates referenced above for a fee of $350.00 per month, invoiced quarterly. Consultant shall be further paid 15% of all new Sales and/or Use tax revenue received by the City as a result of audit and recovery work performed by the Consultant. Said percentage fee will apply to fund transfers received for back quarter reallocations and monies received in the first eight (8) consecutive reporting quarters following completion of the audit by the Consultant and confirmation of corrections by the State Board of Equalization. Consultant shall obtain City approval prior to beginning the work of correcting tax reporting methodology or "point of sale" for specific businesses where said payment of the percentage fee will be expected. Said approval shall be accomplished by the City Administrator or his designated representative on the Sales Tax Audit Authorization form. The City shall pay audit fees u pon C onsultant's s ubmittal o f e vidence o f S tate F and T ransfers and p ayments t o C ity from businesses identified in the audit and approved by the City. The above sum shall constitute full reimbursement to Consultant for all direct and indirect expenses incurred by Consultant in performing audits including the salaries of Consultants employees, and travel expenses connected with contacting local and out-of-state businesses and the State Board of Equalization representatives. PiFinance\ContractsA-L.Hindediter.Sales Tax.FIN03-15.Amend3.2003 1 919103 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT MARCH 23, 2004 A regular meeting of the City of Temecula Community Services District was called to order at 7:37 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: ABSENT: 0 DIRECTORS: Comerchero, Naggar, Roberts, Stone, and Washington None Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. CONSENT CALENDAR I: Minutes RECOMMENDATION: 1.1 Approve the minutes of March 16, 2004. RECOMMENDATION: 2.1 Approve the First Amendment for a Professional Services Agreement with PELA, a Landscape Architectural Firm, for TCSD landscape plan check and inspection services in the amount $12,000 and authorize the Board President to execute the agreement. 3 Facility, Restroom. and Picnic Shelter Janitorial Maintenance Services RECOMMENDATION: 3.1 Award a 15-month contract to Morris Myers Maintenance to provide facility, park restroom, and picnic shelter janitorial maintenance services. Contract term shall commence on April 1, 2004 and continue through June 30, 2005; 3.2 Authorize the expenditure of funds in the amount of $75,000.00 for the base contract and a contingency of 10% in the amount of $7,500.00 for supplemental services. Minutes.csd\032304 I MOTION: Director Stone moved to approve Consent Calendar Items No. 1-3. The motion was second by Director Comerchero and electronic vote reflected unanimous approval. DIRECTOR OF COMMUNITY SERVICES REPORT Community Services Director Parker invited the public to attend two new park sites dedication ceremonies on Wednesday, March 24, 2004, at 3:30 P.M. — the Pauba Ridge Park (five -acre park) and Serena Hills Park (three and a half -acre park). GENERAL MANAGER'S REPORT No comments. BOARD OF DIRECTORS' REPORTS No additional comments. ADJOURNMENT At 7:40 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, April 13, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, President ATTEST: Susan W. Jones, CIVIC City Clerk/District Secretary [SEAL] Minutes.csd1032304 ITEM 2 APPROVAL CITY ATTORNEY 11 DIRECTOR OF FINANC CITY MANAGER 11 CITY OF TEMECULA AGENDA REPORT TO: Board of Directors �� FROM: Herman D. Parker, Director of Community Services �n DATE: April 13, 2003 l_/' SUBJECT: TCSD Proposed Rates and Charges for FY 2004-2005 PREPARED BY: Barbara Smith, Management Analyst RECOMMENDATION: That the Board of Directors: Adopt a resolution entitled: RESOLUTION NO. CSD 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2004-2005 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH BACKGROUND: The Temecula Community Services District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting, perimeter landscaping and slope maintenance, recycling and refuse collection, and unpaved road maintenance services in the City of Temecula. The boundaries of the TCSD are coterminous with the City, and the City Council also serves as the Board of Directors of the TCSD. The four current service levels of the TCSD include: 1. Service Level B - Residential Street Lighting. 2. Service Level C - Perimeter Landscaping and Slope Maintenance. 3. Service Level D - Recycling and Refuse Collection. 4. Service Level R - Unpaved Road Maintenance. Service Level B — Residential Street Lighting The TCSD Rates and Charges for Service Levels B are not proposed to increase from last year's rates. R:\smithb\Assessments\04-05 Assessment\Stiff-Reno of Intent.DOC 04/05/2004 Service Level C — Perimeter/Slope Landscaping All existing subzone rates within Service Level C are not proposed to increase from last year's rate, however it is proposed to create two (2) additional subzones as follows: Subzone Proposed Rate C-9 $200.00 C-10 $100.00 Subzone C-9 is proposed for the Serena Hills Development and has 220 assessable parcels. Subzone C-10 is proposed for the Harveston Development which has initially 300 assessable parcels; additional parcels will be added in subsequent years as warranted. Subzone C-8 with an approved rate of $20.00 was created last year however, assessments were not applied due to construction delays. This year 420 parcels will be assessed in Subzone C-8. Within subzone C-4 with an approved rate of $175.00, an additional 775 parcels which represents the remaining number of parcels in Crowne Hill will also be assessed. Service Level D — Solid Waste/Recycling Services The proposed residential rate for Service Level D is $179.68. The solid waste franchise agreement provides for adjustments based upon changes in the Consumer Price Index (CPI) and Riverside County landfill tipping fees. The CPI increase 2.6%; there is no landfill increase proposed for FY 04/05. The proposed rate is an increase of $3.40 over last year's rate, based on the increase in the Consumer Price Index. The FY 03-04 residential rate for Service Level D was proposed at $176.28 which was an increase of $3.72 per parcel last year. However, at the Public Hearing on June 24, 2003, City Council directed staff to reduce the assessment rate to $172.54, two (2) cents less than the prior year. Further direction was that general fund would supplement the balance of $3.74 per each residential parcel for FY 2003-2004. The Third Amendment to the original agreement, dated July 25, 2000 CR&R, Inc. had agreed to a moratorium on the residential rate for Trash and Recycling services for three (3) years. This moratorium, coupled with the supplement directed by City Council in FY 03-04, resulted in our residents experiencing no rate increase for solid waste services for a five year period. Without the moratorium and Council supplement, residents would have experienced an increase of $26.72 over the same five (5) year period. The 2004-2005 rate increase of $7.34 per parcel is reflective of the cumulative rate increase over a two year period. Service Level R — Unpaved Street and Road Maintenance Due to the formation of the John Warner Assessment District (JWAD) the number of assessable parcels has decreased as well as the length of the road to be maintained. The assessment rate to maintain the remainder portion of the road was recalculated to a reduced rate of $95.86 per developed parcel and $47.93 per vacant parcel from the approved rate of $121.92 per developed parcel and $60.46 for a vacant parcel. This represents a reduction of $26.06 per developed parcel and $12.53 for a vacant parcel from Fiscal Year 2003-2004. The TCSD is required to complete an annual levy process which includes adopting a resolution accepting the filing of a report on the proposed rates and charges necessary to provide the aforementioned services; noticing each affected property owner in the City; and conducting a public RAsn*hb\Assessments\04-05 Assessment\Staff-Reso of Intent.DOC 04/05/2004 hearing to consider approving the proposed rates and charges. Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed rates and charges for FY 2004-2005 and schedule a public hearing concerning these issues for June 8, 2004. Staff will then proceed with noticing each affected property owner in the City regarding the proposed rates and charges and the June 8th public hearing. FISCAL IMPACT: The revenue generated from the TCSD FY 2004-2005 Rates and Charges will fund residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection; and street and road maintenance services in the City of Temecula. The proposed TCSD levy budget for FY 2004-2005 is $5,528,711. ATTACHMENTS: 1. Resolution of Intention for FY2OO4-2005 TCSD Rates and Charges. 2. Preliminary Levy Report for FY 2004-2005. RAsmithb\Assessmems\04-05 Assessment\SUff-Reno of Inkm.DOC 04/05/2004 RESOLUTION NO. CSD 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2004-2005 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1,1989, voters approved the formation of the Temecula Community Services District ("TCSD"), to provide specified services to properties within its jurisdiction. Section 2. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for the services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, property taxes collected within the TCSD in the same manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. The TCSD proposes to continue such rates and charges for the operation, maintenance, servicing and administration of street lighting, perimeter landscaping and slope maintenance, refuse collection, and unpaved street maintenance for the 2004-2005 fiscal year. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, shall be applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. Section 3. Pursuant to Government Code Section 61621.2, the TCSD has caused a written ("Report") to be prepared and filed with the Secretary of the TCSD, this Report contains a description of each parcel of real property and the proposed amount of the rates and charges for Fiscal Year 2004-2005. The Report is based upon a budget adopted by the Board of Directors for the proposed services for specific areas where such services are provided including necessary staff and administrative expenses. A summary of the Report containing the proposed rates and charges is attached hereto as Exhibit A, entitled "Project Summary', and incorporated herein by this reference. A copy of the Report is on file in the office of the Secretary of the TCSD, and is available for public inspection. Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the 8th day of June, 2004, at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California, 92590, as the time and place for the public hearing on the Report and the proposed rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any to the Report. The Board may continue the hearing from time to time. Section 5. The District Secretary is hereby directed to give notice of the filing of the Report and of the time and place of the hearing on the Report pursuant to the requirements of Government Code Section 61765.2. The District Secretary is further directed to give notice, pursuant to Section 6 of Article XII ID of the California Constitution regarding any increases proposed in the Report with respect to any of the rates and charges. RAsn thb\Assess=ntN0"5 Assess=nt\SMff-Reso of Imm.DOC 04/01/2004 Section 6. The District Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 13th day of April 2004. Chuck Washington, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA 1 I HEREBY CERTIFY that the foregoing Resolution No. CSD 04- was duly adopted by the Board of Directors of the Temecula Community Services District at the regular meeting thereof, held on the 13th day of April 2004, by the following vote of the Board of Directors AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: RAsmithh\Asscssmems\04-05 Assessmem\Smff-Reso of ImaDOC 04/01/2004 EXHIBIT A PROJECT SUMMARY TEMECULA COMMUNITY SERVICES DISTRICT On January 1, 2002, Muni Financial, Inc. was retained bythe Cityof Temecula to preparethe Annual Levy Reportfor the Temecula Community Services District (TCSD) for the Fiscal Year 2004- 2005. Pursuant to the Community Services District Law, Division 3 of Title 6 of the Government Code of the State of California, commencing with Section 61000 et sea., the TCSD has the powerto levy and collect rates and charges in order to carryon its operations and to provide the services and facilities furnished by it. The levy and collection of the rates and charges is accomplished by the identification and description of each parcel within a specific service level. A Service Level is a defined area that provides a specific service, operation and maintenance and/or program to only those parcels contained within that service level. The TCSD is currently composed of four (4) service levels. The descriptions of the service levels are as follows: 1. Service Level B - Residential Street Lights. Operations, maintenance, utility costs and administration of all residential streetlights. 2. Service Level C - Perimeter Landscaping and Slope Maintenance. Operations, maintenance, utility costs, improvements, and administration for all perimeter landscaping and slope maintenance areas maintained by the TCSD. 3. Service Level D - Recycling, Refuse Collection. and Street Sweeping. Operations and administration of the recycling and refuse program, and street sweeping services for all single-family residential homes. 4. Service Level R - Street and Roads. Maintenance of unpaved streets and roads. RAsmilhb\Assessm B\04-05 Assessment\Suff--Reso of Inlenl.DOC 04/O1/2004 The Financial Analysis contained herein contains each Service Level including with their totals for Fiscal Year 2004-2005 to be as follows: SERVICE LEVEL/LEVY BUDGET /SFR Service Level B $ 578,859 $ 25.68 Service Level C $ 1,265,172 Variable Service Level D $ 3,672,520 $179.89 Service Level R $ 12,160 Variable TOTAL TCSD LEVY FY 2004-2005 $ 5,528,711 The Levy and Collection amounts for all non-exempt parcels within the TCSD for the Fiscal Year 2004-2005 are as shown on the Levy Roll on file with the City Clerk/District Secretary. RAsndthb\Assessments\04-05 Assessment\Staff-Reno of Intem.DOC 04/01/2004 CITY OF TEMECULA ENGINEER'S ANNUAL LEVY REPORT Temecula Community Services District (TCSD) Fiscal Year 2004/2005 INTENT MEETING: April 13 2004 PUBLIC HEARING: June 8, 2004 Corporate Office 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (909) 587-3500 Tel: (800) 755-MUNI (6864) Fax:(909) 587-3510 MuniFinancial Office Locations Anaheim, CA Jacksonville, FL Lancaster, CA Los Angeles Regional Office Oakland, CA www.muni.com Pensacola, FL Phoenix, AZ Sacramento, CA Seattle, WA ENGINEER'S REPORT AFFIDAVIT Establishment of Annual Rates and Charges for the: Temecula Community Services District (TCSD) City of Temecula Riverside County, State of California This Report and the information contained herein reflect the proposed budget for each of the various services provided by the District and the rates and charges applicable to those services as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the Board of Directors of the Temecula Community Services District. Dated this day of 2004. MuniFinancial District Engineer On Behalf of the City of Temecula and The Temecula Community Services District A Scott Dippolito Senior Project Manager, District Administration Services In Richard Kopecky R. C. E. # 16742 TABLE OF CONTENTS INTRODUCTION.............................................................................................1 II. PLANS AND SPECIFICATIONS.........................................................3 A. GENERAL DESCRIPTION OF THE DISTRICT AND SERVICES...........................................3 B. BUDGET AND LEVY SUMMARY...................................................................................3 C. DISTRICT SERVICES AND CHARGES...........................................................................5 III. CHANGES TO THE DISTRICT............................................................9 A. NOTABLE MODIFICATIONS TO THE DISTRICT...............................................................9 B. PROPOSED MODIFICATIONS OF THE DISTRICT FOR FISCAL YEAR 2004/2005 .............10 IV. DISTRICT BUDGETS.............................................................................12 V. METHOD OF APPORTIONMENT....................................................14 APPENDIX A - 2004/2005 COLLECTION ROLL .............................16 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2004/2005 INTRODUCTION Upon incorporation of the City of Temecula ("City"), effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("District") to provide specified services to properties within its jurisdiction previously provided by the County of Riverside ("County"). The boundary of the District is coterminous with the City boundary and includes all parcels within the City with the City Council acting as the Board of Directors ("Board") for the District. The District collects property -related fees and charges ("Charges') in order to provide services and maintain the improvements within the District. The District was formed, and Charges are set and established, pursuant to the Community Services District Law, Title 6, Division 3 of the California Government Code ("CSD Law"). Each fiscal year, an Annual Levy Report is prepared, filed and approved by the Board. This Annual Levy Report describes the District, any changes to the District and the proposed Charges for the fiscal year. The Charges contained in the Annual Levy Report are based on the historical and estimated cost to service properties within the District. The services provided by the District and the corresponding costs are budgeted and charged as separate Service Levels and include all expenditures, deficits, surpluses, and revenues. Each parcel is charged for the services provided to the parcel. The District provides residential street lighting, perimeter landscaping and slope protection, and refuse collection in numerous residential developments as well as road improvement and maintenance within specified areas of the District. Pursuant to Government Code Sections 61621 and 61621.2, the District has prescribed, revised and collected rates and charges for residential street lighting (Service Level B), perimeter landscaping (Service Level C), trash/recycling (Service Level D), and road maintenance (Service Level R) services furnished by the District, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. Pursuant to Government Code Section 61621.2, this Engineer's Annual Levy Report ("Report") is prepared and presented to the Board to prescribe Service Level B, Service Level C, Service Level D and Service Level R Rates and Charges for the parcels and territories within the District. MuniFinancial Page 1 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2004/2005 The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessment Number or Assessor's Parcel Number by the Riverside County Assessor's Office. The Riverside County Auditor/Controller uses Assessment Numbers and specific Fund Numbers, to identify on the tax roll, properties charged for District services. A Public Hearing is held each year before the Board to allow the public an opportunity to hear and be heard regarding the District. Following consideration of all public comments and written protests at the noticed Public Hearing, and review of the Engineer's Annual Levy Report, the Board may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the Charges, the Board shall order the levy and collection of Charges for Fiscal Year 2004/2005. In such case, the levy information will be submitted to the Riverside County Auditor/Controller, and included as Charges on the property tax roll for the various services provided in Fiscal Year 2004/2005. MuniFinancial Page 2 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2004/2005 II. PLANS AND SPECIFICATIONS A. General Description of the District and Services The boundary of the District is coterminous with the City boundary, and includes all parcels within the City of Temecula. The District provides certain property related services and improvements consisting of four (4) separate and distinct services referred to as Service Levels. Each parcel within the District is charged proportionately for only those services attributable to the parcel. Each Service Level has differing costs depending upon the services provided. All parcels identified within a Service Level share in the cost of the service. The costs associated with the service are proportionately spread among all properties within that Service Level to which the service is provided. Services and improvements provided through the District include residential street lighting; perimeter landscape maintenance and slope protection; a refuse and recycling collection program; and road improvement construction and maintenance. The Service Levels are identified as follows: Residential Street Lighting • Perimeter Landscaping • Trash/Recycling • Road Maintenance B. Budget and Levy Summary The budgets for each Service Level are shown in detail in Section IV of this report. Each Service Level provides different and specific services and improvements to various parcels within the District. Only the parcels that the services and improvements are levied for are included at each of the Service Levels. The 'Total Levy Units" and the resulting "Charge Per Levy Unit' (shown in Table 1), reflect a method of apportionment that most fairly proportions the costs of the services to the parcels in that Service Level. The "Total Levy Units" for Service Levels B, C, and D is based on a per parcel count. For Service Level R, levy units are based on a Parcel Development Unit (PDU), which is similar to a per parcel count, but makes a distinction between developed and undeveloped parcels. For a more complete description of the methods used for calculating the 'Total Levy Units" used for each Service Level, please refer to (Section V), Method of Apportionment. 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District Services and Charges Service Level B, Residential Street Lighting — includes all developed single family residential parcels and residential vacant lots for which the District provides on -going servicing, operation, and maintenance of local street lighting improvements. The current rate and charges for Service Level B is $25.68 per residential lot and shall be applied to developed and undeveloped residential parcels within the following Tracts and subdivisions for Fiscal Year 2004/2005. Service Level B Tracts 04153-00 19939-00 20882-03 21760-00 23100-07 23267-03 24134-03 28480-00 04188-00 19939-01 20987-00 21765-00 23100-08 23267-04 24135-00 28482-00 04457-00 19939-02 21067-00 22148-00 23101-01 23371-00 24135-01 28482-01 06559-00 20079-00 21082-00 22203-00 23101-02 23371-01 24135-02 28482-02 07401-00 20079-01 21082-01 22204-00 23101-03 23371-02 24135-03 28482-03 07402-00 20079-02 21082-02 22208-00 23101-04 23371-03 24136-00 28503-00 08369-00 20079-03 21082-03 22593-00 23101-05 23371-04 24136-01 28510-00 08369-01 20130-00 21082-04 22593-01 23101-06 23371-05 24136-02 28510-01 08369-02 20130-01 21340-00 22593-02 23125-00 23371-06 24136-03 28510-02 11087-01 20130-02 21340-01 22627-00 23125-01 23371-07 24182-01 28510-03 11087-02 20130-03 21340-02 22627-01 23125-02 23371-08 24182-02 28526-00 12189-01 20130-04 21340-03 22715-00 23125-03 23371-09 24182-03 28553-00 12189-02 20130-05 21340-04 22715-01 23126-00 23371-10 24182-04 28553-01 12189-03 20130-06 21340-05 22715-02 23128-00 23371-11 24183-00 28810-00 12189-04 20153-00 21340-06 22716-00 23142-00 23371-14 24183-01 29033-00 12189-05 20154-00 21340-07 22716-01 23143-00 23483-00 24184-00 29036-00 12189-06 20319-00 21430-01 22716-02 23143-01 24131-00 24184-01 29286-00 12189-07 20643-00 21561-00 22716-03 23143-02 24131-01 24185-00 29928-00 13060-01 20644-00 21672-01 22716-04 23143-03 24131-02 24185-01 29928-01 13060-02 20703-01 21672-02 22761-00 23143-04 24131-03 24185-02 29928-02 13060-03 20703-02 21672-03 22762-00 23143-06 24132-00 24186-00 29928-03 13060-04 20703-03 21672-04 22786-00 23143-07 24132-01 24186-01 29929-00 13060-05 20735-01 21673-00 22915-00 23143-08 24133-00 24186-02 29929-01 13060-06 20735-02 21673-01 22915-01 23143-09 24133-01 24186-03 30088-00 13060-07 20735-03 21673-02 22915-02 23143-10 24133-02 24187-00 PM 26488 13060-08 20735-04 21673-03 22915-03 23143-11 23173-01 24187-01 PM 27493 18518-00 20735-05 21674-00 22916-00 23173-00 23173-02 24187-02 PM 28122 18518-01 20735-06 21674-01 22916-01 23174-03 23173-03 24188-01 Old Town 18518-02 20735-07 21674-02 22916-02 23174-04 23173-04 24232-00 18518-03 20735-08 21674-03 22916-03 23174-05 23174-01 25004-01 18583-00 20735-09 21675-00 22962-00 23174-06 23174-02 25892-00 19872-00 20848-00 21675-01 23100-01 23177-00 24133-03 26488-00 19872-01 20879-00 21675-02 23100-02 23209-00 24133-04 27827-00 19872-02 20879-01 21675-03 23100-03 23220-00 24133-05 27827-01 19872-03 20882-00 21675-04 23100-04 23267-00 24134-00 27827-02 19872-04 20882-01 21675-05 23100-05 23267-01 24134-01 27827-03 19872-05 20882-02 21675-06 23100-06 23267-02 24134-02 28309-00 Muni Financial Page 5 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2004/2005 Service Level C, Perimeter Landscaping — includes all developed single family residential parcels and residential vacant lots for which the District provides on -going servicing, operation, and maintenance of perimeter landscaped areas and slopes within the public right-of-ways and dedicated easements adjacent to and associated with certain tracts and subdivisions. The level of maintenance required within these tracts and subdivisions vary depending on operating costs. Ten (10) subzones and their corresponding rates have been established within Service Level C. • The proposed rate for C-1 is $ 46.00. • The proposed rate for C-2 is $ 89.00. • The proposed rate for C-3 is $116.00. • The proposed rate for C-4 is $175.00. • The proposed rate for C-5 is $ 70.00. • The proposed rate for C-6 is $225.00. • The proposed rate for C-7 is $129.00. • The proposed rate for C-8 is $20.00. • The proposed rate for C-9 is $200.00. • The proposed rate for C-10 is $100.00. The current rate and charges for Service Level C is per residential lot and shall be applied to developed and undeveloped residential parcels within the following Tracts and subdivisions for Fiscal Year 2004/2005. Rate Level C-1 Tract Name Presley Development Rancho Solana The Vineyards Monte Vista Rate Level C-2 Tract Name Morrison Homes Ridgeview Winchester Creek Woodcrest Country Service Level C Tracts Tract Numbers 23267-00 23267-01 23267-02 23267-03 23267-04 26861-00 26861-01 26861-02 26861-03 22593-00 22593-01 22593-02 20879-00 20879-01 28309-00 Tract Numbers 22148-00 20735-07 20735-08 20130-00 20130-01 21340-00 21340-01 21340-07 21561-00 22208-00 20735-09 21764-00 27493-PM 20130-02 20130-03 20130-04 20130-05 20130-06 21340-02 21340-03 21340-04 21340-05 21340-06 MuniFinancial Page 6 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2004/2005 Rate Level C-3 Tract Name Tract Numbers Martinique 23128-00 Rancho Highlands 20643-00 20644-00 21760-00 22203-00 22204-00 22761-00 22762-00 Saddlewood 18518-00 18518-01 18518-02 18518-03 Vintage Hills 22715-00 22715-01 22715-02 22716-00 22716-01 22716-02 22716-03 22716-04 22915-00 22915-01 2291502 22915-03 22916-00 22916-01 22916-02 22916-03 28122-PM Lennar 29286-00 Rate Level C-4 Tract Name Tract Numbers Barclay Estates 25004-01 Meadow View 21765-00 Signet Series 20882-00 20882-01 20882-02 20882-03 Tradewinds 23125-00 23125-01 23125-02 23125-03 Village Grove 21672-01 21672-02 21672-03 21672-04 21673-00 21673-01 21673-02 21673-03 21674-00 21674-01 21674-02 21674-03 21675-00 21675-01 21675-02 21675-03 21675-04 21675-05 21675-06 Crowne Hill 23143-00 23143-01 23143-02 23143-03 23143-04 23143-06 23143-07 23143-08 23143-09 23143-10 23143-11 Rate Level C-5 Tract Name Tract Numbers Temeku Hills 23371-00 23371-01 23371-02 23371-03 23371-04 23371-05 23371-06 23371-07 23371-08 23371-09 23371-10 23371-11 23371-14 23371-15 28482-00 28482-01 28482-02 28482-03 28526-00 29033-00 MuniFinancial Page 7 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2004/2005 Rate Level C-6 Tract Name Tract Numbers Woodside 28510-00 28510-01 28510-02 28510-03 Rate Level C-7 Tract Name Tract Numbers Vail Ranch 23173-00 23173-01 23173-02 23173-03 23173-04 23174-01 23174-02 23174-03 23174-04 23174-05 23174-06 28480-00 28832-00 Rate Level C-8 Tract Numbers Loma Linda 19872-00 19872-01 19872-02 19872-03 19872-04 19872-05 Rate Level C-9 Tract Name Tract Numbers Shea Homes 23209 Rate Level C-10 Tract Name Tract Numbers Harveston Development 29928-00 29928-01 29928-02 29928-03 29929-00 29929-01 30088-00 Service Level D, Trash/Recycling Collection — provides for the operation and administration of the refuse collection program including recycling and street sweeping services for all developed single family residential homes within the District. The rate and charges for Fiscal Year 2004/2005 for Service Level D is $179.86 per single family residential home (developed residential parcel) and will be applied to all parcels that have been identified as developed residential homes. Service Level R, Road Maintenance — provides funding for construction, improvement, service and maintenance of public streets and roads throughout the District. The services provided may include, but are not limited to: renovation or restoration due to damage; flood and drainage control; repairs and re -grading; and upgrades of the existing areas as required for unpaved roads. All parcels identified within Service Level R, share in the cost of the services provided. The costs associated with the services are proportionately spread among all parcels within various areas (rate levels) of the Service Level R. Service Level R currently has two (2) rate levels. The level of maintenance required within these two (2) areas vary due to MuniFinancial Page 8 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2004/2005 operating costs, and therefore separate rate levels have been established. Only the parcels within each of the two (2) boundary areas will be charged for the costs associated with servicing and maintaining the roads and streets in the area. • Rate Level R-1 —The parcels within this rate level consists of seventy- five (75) assessable parcels that have direct access to roads or streets that are serviced and maintained through the District. This rate level provides funding for servicing and maintenance of: Kimberly Lane; Greenwood Lane; Liefer Road; Gatlin Road; Pala Vista. A total of 1.546 miles of roads are serviced and maintained in this area. • Rate Level R-2 —The parcels within this rate level consists of thirty-four (34) assessable parcels that have direct access to roads or streets that are serviced and maintained through the District. This rate level provides funding for servicing and maintenance of Santiago Roads. A total of 0.36 miles of roads are serviced and maintained in this area. III. CHANGES TO THE DISTRICT Changes or modifications to the District structure, if any, could include, but are not limited to: changes or expansion in the existing improvements or in the types of services provided; addition of new services or Service Levels; restructuring of the current Service Levels; inclusion of parcels into the District or Service Levels; or revisions in the method of apportionment. Changes or modifications within the District that may affect the levy are outlined in the following. A. Notable Modifications to the District On March 4, 1997, the voters of Temecula approved a Special Tax to fund citywide community services. This Special Tax replaced two existing Service Levels, previously charged through the Community Services District. Community Services, Parks, and Recreation — that provided for the maintenance, service and operation of all public parks and recreation services within the City. Service Level A, Arterial Street Lighting and Medians — that provided servicing, operation, and maintenance of traffic signals, street lighting and landscaped medians along arterial streets. Beginning in Fiscal Year 1997/1998 these two Service Levels were replaced by the Special Tax and are no longer charged through the District. MuniFinancial Page 9 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2004/2005 B. Proposed Modifications of the District for Fiscal Year 2004/2005 The most notable modification to the District for Fiscal Year 2004/2005 is related to the addition of improvements and expansion of existing services as a result of new development. When a new residential tract is developed, the District accepts additional improvements for maintenance and servicing. Along with acceptance of the improvements, the parcels within those tracts are included in the appropriate Service Levels. The improvements and services for Service Levels B and C are typically tract or development specific and therefore, all parcels within a tract or development are included in these two Service Levels when the District accepts the improvements. Additionally, individual residential parcels are included in Service Level D when a new single family residential unit is identified and service is ordered. Service Level B Inclusions to Service Level B (Residential Street Lighting) include 863 additional residential units for Fiscal Year 2004/2005. The following tracts are the new developments for Fiscal Year 2004/2005: Tract Number Total Number of Units 23143-00 96 23143-01 81 23143-06 114 23143-08 105 23143-10 71 23143-11 96 29928-00 37 29928-01 33 29928-02 39 29928-03 31 29929-00 47 29929-01 72 30088-00 41 Total 863 The number of units for each of the tracts referenced for inclusion in Service Level B represents the total number of residential parcels and lots within that tract. Although these tracts have been fully subdivided or a tract map has been approved, in some cases, the actual Assessor's Parcel Numbers (APN's) for each of the individual residential parcels may not have been established by the County Assessor's Office. In such cases, the APN's currently recognized by the County are assigned and charged for the number of residential lots associated with each parcel within the tract. The new APN's for each of the individual residential parcels and lots are expected to be established by the time the levy is submitted to the County, but if not, the existing APN's will be charged based on the number of residential lots associated with each APN. MuniFinancial Page 10 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2004/2005 Service Level C There are a total of 940 assessable parcels added to Service Level C (Perimeter Landscaping), for FY 2004/2005. Subzone C-8 (Loma Linda Tract), C-9 (Shea Homes) and C-10 (Harveston Development) have been annexed into the District. The project areas were under construction during FY 2003/2004. Maintenance of the perimeter landscaping and slopes has been accepted by Temecula Community Services Department. The estimated completion of construction is scheduled June of 2004. The new subzones will be levied for the first time in FY 2004/2005. In addition, 775 assessable parcels were also added to the existing subzone C-4. The tract added is known as Crowne Hill Development. The tract will levied for the first time in FY 2004/2005. Service Level D A total of 732 newly developed residential parcels have been identified and added to Service Level D (Trash/Recycling) for Fiscal Year 2004/2005. New single family residential units are identified each year and included in Service Level D based city building permits and the waste hauler's updated service records. The actual cost per household for this service for Fiscal Year 2003/2004 was $176.28. A contribution from the General Fund was used to offset the rate increase, there by reducing the charge for this service to a rate of $172.54 for Fiscal Year 2003/2004. For Fiscal Year 2004/2005, the actual cost per household is $179.86. This represents a 2.03% increase to cover the increased costs of providing this Service Level. For more information, please refer to the section titled "District Budgets." The costs for the District represents actual service costs, as provided in the City's franchise agreement with the contracted waste hauler (CR&R). Service Level R There are 32 parcels that have been deannexed from Service Level R (Road Maintenance) beginning Fiscal Year 2004/2005. The parcels are located in the boundary area of Rate Level R-2. The parcels have become part of the John Warner Assessment District. The assessment district was formed to issue bonds to take over funding for servicing and maintenance along John Warner Road, Lolita Road, Paulita Road and Clover Court. Consequently, the costs to maintain the roads for the remaining parcels in Rate Level R-2 decreased from $121.92 to $95.86 per parcel development units. For details, please refer to the section of this report titled "Method of Apportionment". This change represents a 21.37% decrease as compared to the prior fiscal year. MuniFinancial Page 11 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2004/2005 IV. DISTRICT BUDGETS The Tables on the next two (2) pages shows the District budget for Fiscal Year 2004/2005. FISCAL YEAR 2004/2005 DISTRICT BUDGET Temecula Community Services District Operating Budget Department Summary for the Year Ending June 30, 2005 Acct. Budget Items No. Level B 192 Level C 193 Level D 194 Level R 195 Total District PERSONNEL SERVICES $4,959 $241,472 $38,471 $0 $284,902 Subtotal $4,959 $241,472 $38,471 $0 $284,902 OPERATIONS MAINTENANCE Repair & Maintenance Facilities 5212 $0 $46,000 $0 $0 $46,000 Office Supplies 5220 200 0 0 0 200 Printing 5222 0 0 11,000 0 11,000 Election Costs (Offset by Developer Deposits) 5225 1,000 500 0 0 1,500 Dues and Memberships 5226 0 0 3,500 0 3,500 Postage and Packaging 5230 1,000 0 0 0 1,000 Property Tax Administrative Fees 5231 6,000 3,900 10,000 80 19,980 Utilities 5240 0 265,000 0 0 265,000 Small Tools and Equipment 5242 0 0 6,357 0 6,357 Consulting Services 5248 0 30,000 7,000 0 37,000 Other Outside Services 5250 0 0 5,200 0 5,200 Public Notices 5256 5,700 3,300 6,000 0 15,000 Mileage 5262 0 0 200 0 200 Recognition Program 5265 0 0 2,880 0 2,880 Subtotal 5200s $13,900 $348,700 $52,137 $80 $414,817 MuniFinancial Page 12 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2004/2005 FISCAL YEAR 2004/2005 DISTRICT BUDGET Temecula Community Services District Operating Budget Department Summary for the Year Ending June 30, 2005 Acct. Budget Items No. Level B 192 Level C 193 Level D 194 Level R 195 Total District OPERATIONS MAINTENANCE Waste Hauling 5315 $0 $0 $3,581,912 $0 $3,581,912 Street Lighting 5319 560,000 0 0 0 560,000 Subtotal (5300s) $560,000 $0 $3,581,912 $0 $4,141,912 Emergency Road Maintenance 5402 $0 $0 $0 $12,080 $12,080 Landscape Maintenance 5415 0 640,000 0 0 640,000 Landscape Rehabilitation 5416 0 35,000 0 0 35,000 Subtotal(5400s) $0 $675,000 $0 $12,080 $687,080 Capital Outlay $0 $0 $0 $0 $0 Subtotal $0 $0 $0 $0 $0 TOTAL DIRECT DISTRICT COSTS $578,859 $1,265,172 $3,672,520 $12,160 $5,528,711 EXPENDITURES/REVENUES Reserve Collection (Contingency) $0 $0 $0 $0 $0 Total Direct District Costs 578,859 1,265,172 3,672,520 12,160 5,528,711 TOTAL EXPENDITURES/REVENUES $578,859 $1,265,172 $3,672,520 $12,160 $5,528,711 CONTRIBUTIONS Contributions from Other Fund Revenue Sources $26,200 $31,120 $37,317 $0 $94,637 Contributions from Other Revenue Sources 0 31,316 0 31,316 Contributions from the General Fund 35,000 0 0 500 35,500 Fund Balance Contributions 35,979 0 53,291 2,501 91,771 TOTAL CONTRIBUTIONS $97,179 $62,436 $90,608 $3,001 $253,224 Balance to Lev Budgeted $481,680 $1,202,736 $3,581,912 1 $9,159 1 $5,275,487 MuniFinancial Page 13 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2004/2005 V. METHOD OF APPORTIONMENT As in past years, the cost to provide services within the District will be fairly distributed among each eligible property. Service Level B (Residential Street Lighting); Service Level C (Perimeter Landscaping and Slopes); and Service Level D (Trash/Recycling): The following is the formula used to calculate each property's District charges by the per parcel (residential lot) method. Total Balance to Levy (Budgeted) / Total Residential Lots (in Service Level) = Parcel Charge Service Level R (Roads): The Charge Per Levy Unit for Service Level R is based on a Parcel Development Unit (PDU), which is similar to a per parcel charge, but makes a distinction between developed and undeveloped parcels. Parcel Development Units = 1.0 for Developed Parcels Parcel Development Units = 0.5 for Undeveloped Parcels Total Balance to Levy / Total Parcel PDU (in rate Level) = Parcel Charge The following tables reflect the levy calculations for each Service Level. PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL B Property Type Parcel/Unit X Charge per Parcel = Parcel Charge Multiplier Single Family Residential Lot 1.00 $25.68 $25.68 Per Parcel Vacant Residential Lot 1.00 $25.68 $25.68 Per Parcel MuniFinancial Page 14 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2004/2005 PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL C Property Type and Zone Parcel/Unit X Charge per Parcel = Parcel Charge Multiplier Residential Lot C-1 1.00 $46.00 $46.00 Per Parcel Residential Lot C-2 1.00 $89.00 $89.00 Per Parcel Residential Lot C-3 1.00 $116.00 $116.00 Per Parcel Residential Lot C-4 1.00 $175.00 $175.00 Per Parcel Residential Lot C-5 1.00 $70.00 $70.00 Per Parcel Residential Lot C-6 1.00 $225.00 $225.00 Per Parcel Residential Lot C-7 1.00 $129.00 $129.00 Per Parcel Residential Lot C-8 1.00 $20.00 $20.00 Per Parcel Residential Lot C-9 1.00 $200.00 $200.00 Per Parcel Residential Lot C-10 1.00 $100.00 $100.00 Per Parcel PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL D Property' el/Unit X Charge per Parcel = Parcel Charge Multiplier Single Family Residential Lotj 1.00 $179.86 $179.86 1 Per Parcel * Developed residential parcel identified by CR&R for which refuse collections are available. PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL R Property Type and Zone Parcel/Unit X Charge per Unit = Parcel Charge Multiplier Single Family Residential Lot R-1 1.00 $115.26 $115.26 Per Parcel Vacant Residential Lot R-1 0.50 $115.26 $57.64 Per Parcel Single Family Residential Lot R-2 1.00 $95.86 $95.86 Per Parcel Vacant Residential Lot R-2 0.50 $95.86 $47.94 Per Parcel MuniFinancial Page 15 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2004/2005 Appendix A — 2004/2005 COLLECTION ROLL Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the County Assessor's map for the year in which this report is prepared. A listing of parcels within this District, along with the charges, has been submitted to the City Clerk and, by reference, is made part of this report. MuniFinancial Page 16 CITY OF TEMECULA ENGINEER'S ANNUAL LEVY REPORT Temecula Community Services District Appendix A —Collection Roll Fiscal Year 2004/2005 INTENT MEETING: April 13 2004, PUBLIC HEARING: June 8, 2004 Corporate Office 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (909) 587-3500 Tel:(800) 755-MUNI (6864) Fax:(909) 587-3510 MuniFinancial Office Locations Anaheim, CA Jacksonville, FL Lancaster, CA Los Angeles Regional Office Oakland, CA www.muni.com Pensacola, FL Phoenix, AZ Sacramento, CA Seattle, WA REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY MARCH 23, 2004 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:40 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Naggar, Roberts, Stone, Washington, and Comerchero ABSENT: 0 AGENCY MEMBERS: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of March 16, 2004. 2 Old Town Property Acquisition Relocation Plan RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. RDA 04- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE RELOCATION PLAN FOR THE PROPOSED PARKING LOT PROJECT IN OLD TOWN TEMECULA (Item No. 2 was removed from the Consent Calendar for separate action.) MOTION: Agency Member Stone moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Stone and electronic vote reflected unanimous approval. R: Minutes.rda\032304 2. Old Town Property Acquisition Relocation Plan RECOMMENDATION: 2.2 Adopt a resolution entitled: RESOLUTION NO. RDA 04-05 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE RELOCATION PLAN FOR THE PROPOSED PARKING LOT PROJECT IN OLD TOWN TEMECULA Redevelopment Director Meyer presented the staff report (of record). For the record, Chairman Jeff Comerchero announced that there were no members of the public wishing to speak on this issue. MOTION: Agency Member Roberts moved to approve staff recommendation. The motion was seconded by Agency Member Stone and electronic vote reflected unanimous approval. EXECUTIVE DIRECTOR'S REPORT No comments. AGENCY MEMBERS' REPORTS No comments. ADJOURNMENT At 7:41 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, April 13, 2004 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] Jeff Comerchero, Chairman R:\Minutes.rdak032304 ITEM 2 APPROVAL CITY ATTORNEY DIRECTOR OF FINAL CITY MANAGER CITY OF TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Chairman and Members of the Temecula Redevelopment Agency Executive Director l FROM: Jim O'Grady, Assistant City Manage DATE: April 13, 2004 SUBJECT: Sale of Agency Property - 27500 Jefferson Avenue RECOMMENDATION: That the Agency approve an Agreement and Escrow Instructions with Richard and Lisa Schoenfeld, owners of Kia World for the sale of Agency -owned property at 27500 Jefferson Avenue. BACKGROUND: The Temecula Redevelopment Agency owns property at 27500 Jefferson Avenue, which has been leased for automobile sales/service as well as RV sales/service for approximately 10 years. The Agency originally acquired this property from Norm Reeves Honda as part of a deal which enabled Norm Reeves to move to the Temecula Auto Mall. The Agency is currently leasing this property to Kia World for sales and service of new and used vehicles. The Agency has previously provided direction to sell this property and to negotiate a sales agreement with Rick and Lisa Schoenfeld, doing business as Kia World. Staff has worked with the Schoenfelds on such an agreement and recommends approval of the attached Agreement and Escrow Instructions. Key points,of this agreement include: • Purchase price of $2.1 million, with deposit of $200,000 • Anticipated close of escrow on or before May 7, 2004 • Buyer and Seller each pay customary closing costs • Agency will assign its rights for cleanup of the previous soil contamination on this site which is currently being provided by the Donna Reeves Trust FISCAL IMPACT: Approval of this agreement will result in revenue to the Agency of $2,100,000 less normal closing costs. No broker's commissions are involved. The Agency will no longer receive lease income for this property. ATTACHMENT: Purchase and Sale Agreement and Joint Escrow Instructions Z.,IOGRADYJI27500JEFFERSONIAGENDA REPORT- SALE AGREEMENT TO K1A, 04-13-04.DOC 1 416104 AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS TO: First American Title Insurance Company Escrow No. 1395 4 3 9 3625 14th Street Escrow Officer: Ms. Debra Newton Riverside, California 92501 Title Order No. ('Escrow Holder") Title Officer: Mr. Bill Callanan This AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS ("Agreement") is made and entered into as of thi4jpday of March, 2004, (the "Effective Date") by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ("Seller"), and RICHARD and LISA SCHOENFELD, husband and wife, individuals (collectively, "Buyer"), with respect to the following: RECITALS: A. Seller is the owner of that certain real property located in the City of Temecula ("City"), County of Riverside, State of California, located at 27500 Jefferson Road, consisting of improved land (the "Land"), all of which is described on Exhibit "A" attached hereto, together with three (3) commercial building(s), associated parking areas and other improvements located thereon (the "Improvements"). The Land, together with the Improvements, shall hereinafter be collectively referred to as the "Property." C. Seller desires to sell the Property to Buyer and Buyer desires to purchase the Property from Seller upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained and the Recitals which are incorporated herein by this reference and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer hereby agree that the terms and conditions of this Agreement and the instructions to Escrow Holder with regard to the escrow ("Escrow") created pursuant hereto are as follows: AGREEMENT: 1. Purchase and Sale. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon the terms and conditions herein set forth. 2. Purchase Price. The purchase price ("Purchase Price") for the Property shall be Two Million and One Hundred Thousand Dollars ($2,100,000.00). 3. Payment of Purchase Price. The Purchase Price for the Property shall be paid by Buyer as follows: (a) Deposit. Upon the "Opening of Escrow" (as defined in Paragraph 4(a) below), Buyer shall deposit, or cause to be deposited with Escrow Holder, in cash, 11087-0001\766092v3.doe by certified or bank cashier's check made payable to Escrow Holder, or by a confirmed wire transfer of funds (hereinafter referred to as "Immediately Available Funds"), the sum of Two Hundred Thousand Dollars ($200,000.00) (the "Deposit"). Escrow Holder shall place the Deposit in an interest bearing account. The Deposit shall be applicable to the Purchase Price upon the "Close of Escrow" (as defined in Paragraph 4(b) below) and upon the expiration of the "Contingency Period" (as defined in Paragraph 7(a)(i) below) shall be nonrefundable to Buyer unless Seller fails to convey the Property to Buyer as provided herein and such failure constitutes a default by Seller hereunder. Subject to the terms of sections 7 and 16 hereof, interest on the Deposit shall accrue for the benefit of Seller. (b) ClosingFunds. unds. At least one (1) business day prior to the Close of Escrow, Buyer shall deposit or cause to be deposited with Escrow Holder, in Immediately Available Funds, the balance of the Purchase Price plus Escrow Holder's estimate of Buyer's share of closing costs, prorations and charges payable pursuant to this Agreement. 4. Escrow. (a) Opening of Escrow. For purposes of this Agreement, the Escrow shall be deemed opened on the date Escrow Holder shall have received a fully executed original or originally executed counterparts of this Agreement from Seller and Buyer (the "Opening of Escrow"). Escrow Holder shall notify Buyer and Seller, in writing, of the date Escrow is opened. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder or other instruments as may reasonably be required by Escrow Holder in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, amend or supersede any portions of this Agreement. To the extent of any inconsistency between the provisions of such supplemental instructions and the provisions of this Agreement, the provisions of this Agreement shall control. (b) Close of Escrow. For purposes of this Agreement, the "Close of Escrow" shall be defined as the date that the grant deed ("Grant Deed"), generally in the form of which is attached hereto as Exhibit "C", conveying the Property to Buyer, is recorded in the Official Records of the Riverside County, California Recorder's Office (the "Official Records"). Unless extended in writing by Buyer and Seller, this Escrow shall close on or before May 7, 2004 (the "Closing Date"). (c) Notification Obligation of Escrow. Escrow hereby agrees for the benefit of Seller to promptly notify Seller in the event that Buyers does not comply with any of the provisions of this Agreement that require delivery of documents, funds or notices to Escrow. 5. Condition of Title. It shall be a condition to the Close of Escrow for the benefit of Buyer and Seller that title to the Property shall be conveyed to Buyer by the Grant Deed subject to the following condition of title ("Condition of Title"): 11087-0001\766092v3.doc -2- (a) a lien to secure payment of general and special real property taxes and assessments, not delinquent; (b) the lien of supplemental taxes assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code; (c) matters affecting the Condition of Title created by or with the written consent of Buyer or which do not materially and deleteriously affect Buyer's contemplated use of the Property; (d) all matters which are or would be disclosed by the "Survey" (as defined in Paragraph 7(a)(ii) below) of the Property which are approved or deemed approved by Buyer as provided therein; (e) all exceptions which are disclosed by the "Report" described in Paragraph 7(a)(ii) below which are approved or deemed approved by Buyer as provided therein; (f) all matters which would be disclosed by a physical inspection of the Property or which in any way affect title to the Property resulting from acts or omissions of Buyer; and (g) all applicable laws, ordinances, rules and governmental regulations (including, but not limited to, those relative to building, zoning and land use) affecting the development, use, occupancy or enjoyment of the Property. 6. Title Policy. Title shall be evidenced by the willingness of Escrow Holder in its capacity as title insurer ("Title Company") to issue its CLTA Owner's Form Policy of Title Insurance ("Title Policy") in the amount of the Purchase Price showing title to the Property vested in Buyer, subject to the Condition of Title. 7. Conditions to Close of Escrow (a) Conditions to Buyer's Obligations. Buyer's obligation to consummate the transaction contemplated by this Agreement is subject to the satisfaction of the following conditions for Buyer's benefit (or Buyer's waiver thereof, it being agreed that Buyer may waive any or all of such conditions) on or prior to the dates designated below for the satisfaction of such conditions. In the event Buyer terminates this Agreement and the Escrow due to the nonsatisfaction of any of such conditions, then Buyer shall be entitled to the return of the Deposit and all interest accrued thereon and both Seller and Buyer shall be relieved of all further obligations and liabilities under this Agreement (except for the indemnity and insurance obligations of Buyer set forth in Paragraph 7(a)(i)(A) below and the covenants of Buyer set forth in Paragraph 22(a) below, which shall survive any such termination). (i) Contingency Matters. Buyer shall have until p.m, on that date which is thirty (30) days following the Opening of Escrow (such period of 11087-0001\766092v3.doc -3- time shall be referred to herein as the "Contingency Period') to satisfy itself, in Buyer's sole and absolute discretion, as to the following matters: (A) Buyer's Review of the Property and Related Matters. Buyer shall be satisfied with all aspects of the Property and its condition and suitability for Buyer's intended use thereof, including, without limitation, the environmental condition of the Property, the presence or absence of Hazardous Materials (as defined herein) on the Property, the zoning for the Property and the availability of all permits, licenses, variances and the like necessary for Buyer's intended use of the Property. During the term of this Escrow, Buyer, its agents, contractors and subcontractors shall have the right to enter upon the Property, at reasonable times during ordinary business hours following not less than twenty-four (24) hours prior notice to Seller, at Buyer's cost, to make such inspections, surveys (including, without limitation, a new ALTA survey) and tests as may be necessary in Buyer's discretion, including, without limitation, soils tests, toxic waste analysis, geological and/or engineering studies and land use or related studies; provided, however, if Buyer proposes to make any tests in connection with any Phase II environmental report or any other tests which involve drilling, boring or other similar intrusive or invasive action on or under the Property, then Buyer shall obtain Seller's written consent prior to making any such tests, which consent may be withheld in Seller's sole, absolute and subjective discretion. Buyer shall use care and consideration in connection with any of its inspections or tests and Seller shall have the right to be present during any inspection of the Property by Buyer or its agents. Buyer shall restore the Property to its original condition after any and all tests and/or inspections. Buyer hereby indemnifies, protects, defends (with counsel chosen by Seller) and holds Seller and the Property free and harmless from and against any and all claims, costs, losses, liabilities, damages, lawsuits, judgments, actions, proceedings, penalties, demands, attorneys' fees, mechanic's liens, or expenses of any kind or nature whatsoever, arising out of or resulting from (i) any entry and/or activities upon the Property by Buyer, Buyer's agents, contractors and/or subcontractors, and/or the contractors and subcontractors of such agents, or (ii) from the enforcement of this agreement of indemnity or the assertion by Buyer of any defense to its obligations hereunder. Prior to any entry upon the Property by Buyer's agents, contractors, subcontractors or employees, for the purposes of such investigations, Buyer shall deliver to Seller an original endorsement to Buyer's commercial general liability insurance policy which evidences that Buyer is carrying a commercial general liability insurance policy with a financially responsible insurance company acceptable to Seller, covering (i) the activities of Buyer, and Buyer's agents, contractors, subcontractors and employees on or upon the Property, and (ii) Buyer's indemnity obligation contained in this Paragraph 7(a)(i)(A). Such endorsement to 11087-000 1 \766092v3.doc 4- such insurance policy shall evidence that such insurance policy shall have a per occurrence limit of at least One Million Dollars ($1,000,000) and an aggregate limit of at least Two Million Dollars ($2,000,000), shall name Seller as an additional insured, shall be primary and noncontributing with any other insurance available to Seller and shall contain a full waiver of subrogation clause. (B) Review and Approval of Documents and Materials. Seller has previously delivered to Buyer or will, upon written request, deliver to Buyer those documents and materials respecting the Property set forth below (the "Documents and Materials"). The failure of Buyer to disapprove any of the Documents and Materials on or before the expiration of the Contingency Period shall be deemed to constitute Buyer's approval thereof. (a) Soils and Engineering Reports. All existing and available soils, environmental and building reports and engineering data pertaining to the Property and any and all architectural studies, grading plans, topographical maps and similar data regarding the Property in Seller's possession, if any; and (b) Leases and Contracts. Copies of all material service and maintenance contracts and leases (and amendments thereto) made by Seller currently in effect with respect to the Property in Seller's possession, if any, and any terminations of such contracts and leases (the "Contracts"). Prior to the expiration of the Contingency Period, Buyer shall designate which contracts, if any, Buyer approves and agrees to assume at the Close of Escrow. If, during the Contingency Period, Buyer determines that it is dissatisfied, in Buyer's reasonable discretion, with any aspects of the Property and/or its condition or suitability for Buyer's intended use or with any of the Documents and Materials, then Buyer may terminate this Agreement and the Escrow created pursuant hereto by delivering written notice to Seller and Escrow Holder on or before the expiration of the Contingency Period of Buyer's election to terminate, in which event: (i) this Agreement and the Escrow created pursuant hereto shall terminate and be of no further force or effect (except for the indemnity and insurance obligations of Buyer contained above in Paragraph 7(a)(i)(A) and the covenants of Buyer set forth in Paragraph 22(a) below, which shall survive any such termination), (ii) Escrow Holder shall return to Buyer the Deposit and all interest accrued thereon (less Buyer's share of escrow cancellation charges), and (iii) Buyer shall return to Seller all Documents and Materials previously delivered to Buyer by Seller. If Buyer fails to deliver any such termination notice to Seller and Escrow Holder on or 11087-000 1 \766092v3.doc -5- before the expiration of the Contingency Period, then Buyer shall be deemed to be satisfied with all aspects of the Documents and Materials and with all aspects of the Property, including, without limitation, the condition and suitability of the Property for Buyer's intended use. (ii) Buyer's Review of Title. Buyer shall have until that date which is twenty (20) days after Buyer's receipt of the "Report" and the "Survey" (as defined hereinbelow) (the "Title Review Period") to approve (A) a standard preliminary report from the Title Company with respect to the Land, together with the underlying documents relating to the Schedule B exceptions set forth in such report (collectively, the "Report") and (B) the most recent survey of the Property which is in Seller's possession, if any (the "Survey"). Buyer shall have until the end of the Title Review Period to give Seller and Escrow Holder written notice ("Buyer's Title Notice") of Buyer's disapproval or conditional approval of any matters shown in the Report or disclosed by the Survey to the extent the same differs from the Condition of Title. The failure of Buyer to give Buyer's Title Notice on or before the end of the Title Review Period shall be deemed to constitute Buyer's approval of the condition of title to the Property. If Buyer disapproves or conditionally approves any matter of title shown in the Report, then Seller may, but shall have no obligation to, within thirty (30) days after its receipt of Buyer's Title Notice ("Seller's Election Period"), elect to eliminate or ameliorate to Buyer's satisfaction the disapproved or conditionally approved title matters by giving Buyer written notice ("Seller's Title Notice") of those disapproved or conditionally approved title matters, if any, which Seller agrees to so eliminate or ameliorate by the Closing Date. If Seller does not elect to eliminate or ameliorate any disapproved or conditionally approved title matters, or if Buyer disapproves Seller's Title Notice, or if Seller fails to timely deliver Seller's Title Notice, then Buyer shall have the right, upon delivery to Seller and Escrow Holder (on or before five (5) days following the expiration of Seller's Election Period) of a written notice, to either: (A) waive its prior disapproval, in which event said disapproved matters shall be deemed approved; or (B) terminate this Agreement and the Escrow created pursuant hereto. Failure to take either one of the actions described in (A) and (B) above shall be deemed to be Buyer's election to take the action described in (A) above. If, in Seller's Title Notice, Seller has agreed to either eliminate or ameliorate to Buyer's satisfaction by the Closing Date certain disapproved or conditionally approved title matters described in Buyer's Title Notice, but Seller is unable to do so, then Buyer shall have the right (which shall be Buyer's sole and exclusive right or remedy for such failure), upon delivery to Seller and Escrow Holder (on or before one (1) business day prior to the Closing Date) of a written notice to either: (x) waive its prior disapproval, in which event said disapproved matters shall be deemed approved; or (y) terminate this Agreement and the Escrow created pursuant hereto, in which event Buyer shall be entitled to the return of the Deposit, together with all interest accrued thereon while in Escrow. Failure to take either one of the actions described in (x) and (y) above shall be deemed to be Buyer's election to take the action described in (x) above. In the event this Agreement is terminated by Buyer pursuant to the provisions of this Paragraph 7(a)(ii), neither party shall have any 11087-000 1 \7660920.doc -6- further rights or obligations hereunder except that the indemnity and insurance obligations of Buyer set forth in Paragraph 7(a)(i)(A) above and the covenants of Buyer set forth in Paragraph 22(a) below shall survive any such termination. (iii) Seller's Obligations. As of the Close of Escrow, Seller shall have performed all of the obligations required to be performed by Seller under this Agreement. (b) Conditions to Seller's Obligations. For the benefit of Seller, unless waived by Seller, the Close of Escrow shall be conditioned upon Buyer having timely performed all of the obligations required by the terms of this Agreement to be performed by Buyer. 8. Deposits by Seller. At least one (1) business day prior to the Close of Escrow, Seller shall deposit or cause to be deposited with Escrow Holder the following documents and instruments: (a) Grant Deed. A counterpart of the Grant Deed, in the form attached hereto as Exhibit `B", duly executed by Seller and acknowledged; (b) Seller's Certificate of Non -Foreign Status. A certificate of non - foreign status in the form attached hereto as Exhibit "C" ("Firpta Certificate") as to the federal form, and California State Form FTB 590-RE, duly executed by Seller; (c) Contracts. Any and all original Contracts; (d) Assignment of Contracts and Assumption Agreement. An Assignment of Contracts and Assumption Agreement ("Assignment of Contracts"), duly executed by Seller, in the form attached hereto as Exhibit "D", pursuant to which Seller shall assign to Buyer all of Seller's right, title and interest in, under and to the Contracts; (e) Bill of Sale. A Bill of Sale ("Bill of Sale"), duly executed by Seller in the form attached hereto as Exhibit "E", conveying all of Seller's right, title and interest in and to any personal property owned by Seller which is used exclusively in connection with the operation and/or maintenance of the Property. 9. Deposits by Buyer. Buyer shall deposit or cause to be deposited with Escrow Holder the Deposit which is to be applied towards the payment of the Purchase Price and the balance of the Purchase Price in the amounts and at the times set forth in Paragraph 3 above. In addition, Buyer shall deposit with Escrow Holder prior to the Close of Escrow the following documents and instruments: (a) Grant Deed. A counterpart of the Grant Deed, duly executed by Buyer and acknowledged; (b) Assignment of Contracts. Counterpart of the Assignment of Contracts, duly executed by Buyer; and 11087-0001\766092v3.doe -7- Buyer. (c) Bill of Sale. Counterpart of the Bill of Sale, duly executed by 10. Costs and Expenses. Seller will pay the cost of the CLTA portion of the Buyer's title insurance policy (excluding endorsements), documentary transfer taxes, recording charges (if any) and half of the Escrow Holder's fees and charges. Buyer will pay for the ALTA portion (if any) of the Buyer's title insurance policy, all title insurance endorsements and one half of the Escrow Holder's fees and charges. If, as a result of no fault of Buyer or Seller, Escrow fails to close, Buyer and Seller shall share equally all of Escrow Holder's fees and charges. 11. Proration. The following prorations shall be made between Seller and Buyer on the Close of Escrow, computed as of the Close of Escrow: (a) Taxes and Assessments. Real and personal property taxes and assessments on the Property shall be prorated on the basis that Seller is responsible for: (i) all such taxes for the fiscal year of the applicable taxing authorities occurring prior to the "Current Tax Period" (as hereinafter defined), and (ii) that portion of such taxes for the Current Tax Period determined on the basis of the number of days which have elapsed from the first day of the Current Tax Period to the Close of Escrow, inclusive, whether or not the same shall be payable prior to the Close of Escrow. The phrase "Current Tax Period" refers to the fiscal year of the applicable taxing authority in which the Close of Escrow occurs. In the event that as of the Close of Escrow the actual tax bills for the year or years in question are not available and the amount of taxes to be prorated as aforesaid cannot be ascertained, then rates and assessed valuation of the previous year, with known changes, shall be used, and when the actual amount of taxes and assessments for the year or years in question shall be determinable, then such taxes and assessments will be reprorated between the parties to reflect the actual amount of such taxes and assessments. (b) Rents and Security Deposits. Rent and other receivables, if any, (collectively, "Rents") shall be prorated as of the Close of Escrow, except that Seller shall, in its good faith discretion, deal with security deposits under leases as required or permitted by such leases. (c) Utilities. Gas, water, electricity, heat, fuel, sewer and other utilities and the operating expenses relating to the Property shall be prorated as of the Close of Escrow. If the parties hereto are unable to obtain final meter readings as of the Close of Escrow then such expenses shall be estimated as of the Close of Escrow on the prior operating history of the Property. At least one (1) business day prior to the Close of Escrow the parties hereto shall agree upon all of the proration to be made and submit a statement to the Escrow Holder setting forth the same. In the event that any proration, apportionments or computation made under this Paragraph 11 shall require final adjustment, then the parties hereto shall make the appropriate adjustments promptly when accurate information becomes available and either party 11087-000 1 \7660920.doc -8- hereto shall be entitled to an adjustment to correct the same. Any corrected adjustment or proration will be paid in cash to the party entitled thereto. 12. Disbursements and Other Actions by Escrow Holder. Upon the Close of Escrow, Escrow Holder shall promptly undertake all of the following in the manner indicated: (a) Prorations. Prorate all matters referenced in Paragraph 11 based upon the statement delivered into Escrow signed by the parties. (b) Recordine. Cause the Grant Deed and any other documents which the parties hereto may mutually direct, to be recorded in the Official Records. (c) Funds. Disburse from funds deposited by Buyer with Escrow Holder towards payment of all items chargeable to the account of Buyer pursuant hereto in payment of such costs, including, without limitation, the payment of the Purchase Price to Seller, and disburse the balance of such funds, if any, to Buyer. (d) Title Policy. Direct the Title Company to issue the Title Policy to Buyer. (e) Documents to Seller. Deliver to Seller counterparts of the Assignment of Contracts and Bill of Sale executed by Buyer. (f) Documents to Buyer. Deliver to Buyer the Contracts, the Firpta Certificate, Form FTB 590-RE, and the Assignment of Contracts and the Bill of Sale executed by Seller. 13. Seller's Representations and Warranties. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Property from Seller, Seller hereby makes the following representations and warranties to Buyer as of the date of this Agreement, each of which is material and being relied upon by Buyer: (a) Authori Seller has the legal right, power and authority to enter into this Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Agreement have been duly authorized and no other action by Seller is requisite to the valid and binding execution, delivery and performance of this Agreement, except as otherwise expressly set forth herein. (b) Foreign Person Affidavit. Seller is not a foreign person as defined in Section 1445 of the Internal Revenue Code. (c) Contracts. To Seller's actual knowledge, except for the Contracts and the documents disclosed by the Condition of Title or provided to Buyer, Seller has entered into no service or maintenance contracts or leases affecting the Property. The "actual knowledge" of the Seller, as used in this Paragraph 13, means the actual, present knowledge of the Executive Director as of the date of this Agreement, without any investigation or inquiry of any kind or nature whatsoever. 11087-000 1 \766092v3.doc -9- 14. Buyer's Covenants. Representations and Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following covenants, representations and warranties, each of which is material and is being relied upon by Seller: (a) Authori . Buyer has the legal right, power and authority to enter into this Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Agreement have been duly authorized and no other action by Buyer is requisite to the valid and binding execution, delivery and performance of this Agreement, except as otherwise expressly set forth herein. (b) Seller's Environmental Inquiry. Buyer acknowledges and agrees that the sole inquiry and investigation Seller has conducted in connection with the environmental condition of the Property is to obtain the certain environmental report(s) described in Exhibit " F" attached hereto, and that, for purposes of California Health and Safety Code Section 25359.7, Seller has acted reasonably in solely relying upon said inquiry and investigation. (c) As Is. Buyer is acquiring the Property "AS IS" without any representation or warranty of Seller, express, implied or statutory, as to the nature or condition of or title to the Property or its fitness for Buyer's intended use of same. Buyer is, or as of the expiration of the Contingency Period will be, familiar with the Property. Buyer is relying solely upon, and as of the expiration of the Contingency Period will have conducted, its own, independent inspection, investigation and analysis of the Property as it deems necessary or appropriate in so acquiring the Property from Seller, including, without limitation, an analysis of any and all matters concerning the condition of the Property and its suitability for Buyer's intended purposes, and a review of all applicable laws, ordinances, rules and governmental regulations (including, but not limited to, those relative to building, zoning and land use) affecting the development, use, occupancy or enjoyment of the Property. Without limiting the generality of the foregoing, Buyer hereby expressly waives and relinquishes any and all rights and remedies Buyer may now or hereafter have against Seller, whether known or unknown, with respect to any past, present or future presence or existence of "Hazardous Materials" (as herein defined) on, under or about the Property or with respect to any past, present or future violations of any rules, regulations or laws, now or hereafter enacted, regulating or governing the use, handling, storage or disposal of Hazardous Materials, including, without limitation: (i) any and all rights Buyer may now or hereafter have to seek contribution from Seller under Section 113(f)(i) of the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C.A. §9613), as the same may be further amended or replaced by any similar law, rule or regulation, (ii) any and all rights Buyer may now or hereafter have against Seller under the Carpenter -Presley -Tanner Hazardous Substance Account Act (California Health and Safety Code, Section 25300 et seq.), as the same may be further amended or replaced by any similar law, rule or regulation, (iii) any and all claims, whether known or unknown, now or hereafter existing, with respect to the Property under 11087-000 1 \766092v3.doc -10- Section 107 of CERCLA (42 U.S.C.A. §9607); and (iv) any and all claims Buyer may now or hereafter have, whether known or unknown, now or hereafter existing, based upon nuisance, trespass or any other common law or statutory provision. As used herein, the term "Hazardous Material(s)" includes, without limitation, any hazardous or toxic materials, substances or wastes, such as (A) those materials identified in Sections 66680 through 66685 and Sections 66693 through 66740 of Title 22 of the California Administrative Code, Division 4, Chapter 30, as amended from time to time, (B) those materials defined in Section 255010) of the California Health and Safety Code, (C) any materials, substances or wastes which are toxic, ignitable, corrosive or reactive and which are regulated by any local governmental authority, any agency of the state of California or any agency of the United States Government, (D) asbestos, (E) petroleum and petroleum based products, (F) urea formaldehyde foam insulation, (G) polychlorinated biphenyls (PCBs), and (H) freon and other chlorofluorocarbons. In addition, notwithstanding any other provision to the contrary in this Agreement, nothing in this Agreement shall limit, restrict or curtail any obligation of Buyer to (i) indemnify, protect and hold harmless Seller from a loss arising out of the environmental condition of the Property or (ii) any obligation to remediate the environmental condition of the Property. BUYER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 ("SECTION 1542"), WHICH IS SET FORTH BELOW: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." BY INITIALING BELOW, BUYER HEREBY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJWT OF PIF/FOREGOING WAIVERS AND RELEASES: 1--- I O / The waivers and releases by Buyer herein contained shall survive the Close of Escrow and the recordation of the Grant Deed and shall not be deemed merged into the Grant Deed upon its recordation. (d) Effective as of the Close of Escrow, Seller assigns to Buyer, without representation or warranty express or implied (except as set forth below in this subsection (d), the nonexclusive rights of Seller under Section 12.2 of that certain Lease Agreement dated January 25, 1994 between Seller, as lessor, and Donna L. Reeves Trust 11087-0001W660920.doc -11- UTD 7-25-90, as lessee (as supplemented by Sections 23.7 and 23.11 of said Lease Agreement). Seller and Buyer agree to reasonably cooperate with each other in enforcing such rights against the lessee under said Lease Agreement for the benefit of both Buyer and Seller, provide d that the attorneys' fees and costs of the cooperating party are paid by the other party. Seller represents and warrants to Buyer that Seller has not amended or modified Sections 12.2, 23.7 or 23.11 of the Lease Agreement. This subsection (d) shall survive the Close of Escrow and the delivery and recordation of the Grant Deed. (e) Limitation on Seller's Liability. Buyer represents and covenants that Seller shall not have any liability, obligation or responsibility of any kind with respect to the following: (i) The content or accuracy of any report, study, opinion or conclusion of any soils, toxic, environmental or other agent, representative, attorney, employee, engineer or other person or entity who has examined the Property or any aspect thereof, (ii) The content or accuracy of any information released to Buyer by an engineer or planner in connection with the development of the Property; (iii) The availability of building or other permits or approvals for the Property by any state or local governmental bodies with jurisdiction over the Property; (iv) The availability or capacity of sewer, water or other utility connections to the Property; (v) Any of the items delivered to Buyer pursuant to Buyer's review of the condition of the Property; and (vi) The content or accuracy of any other development or construction cost, projection, financial or marketing analysis or other information given to Buyer by Seller or reviewed by Buyer with respect to the Property. 15. LIQUIDATED DAMAGES. IF BUYER COMMITS A DEFAULT UNDER THIS AGREEMENT, THEN IN ANY SUCH EVENT, THE ESCROW HOLDER MAY BE INSTRUCTED BY SELLER TO CANCEL THE ESCROW AND SELLER SHALL THEREUPON BE RELEASED FROM ITS OBLIGATIONS HEREUNDER. BUYER AND SELLER AGREE THAT BASED UPON THE CIRCUMSTANCES NOW EXISTING, KNOWN AND UNKNOWN, IT WOULD BE IMPRACTICAL OR EXTREMELY DIFFICULT TO ESTABLISH SELLER'S DAMAGE BY REASON OF BUYER'S DEFAULT UNDER THIS AGREEMENT. ACCORDINGLY, BUYER AND SELLER AGREE THAT IN THE EVENT OF DEFAULT BY BUYER UNDER THIS AGREEMENT, IT WOULD BE REASONABLE AT SUCH TIME TO AWARD SELLER, AS SELLER'S SOLE AND EXCLUSIVE REMEDY AT LAW, "LIQUIDATED DAMAGES" EQUAL TO THE DEPOSIT. 11087-000 1 \766092v3.doc -12- THEREFORE, IF BUYER COMMITS A DEFAULT UNDER THIS AGREEMENT, SELLER MAY INSTRUCT THE ESCROW HOLDER TO CANCEL THE ESCROW WHEREUPON ESCROW HOLDER SHALL IMMEDIATELY PAY OVER TO SELLER THE LIQUIDATED DAMAGES, IF HELD BY ESCROW HOLDER, AND SELLER SHALL BE RELIEVED FROM ALL OBLIGATIONS AND LIABILITIES HEREUNDER, AND, PROMPTLY FOLLOWING ESCROW HOLDER'S RECEIPT OF SUCH INSTRUCTION, ESCROW HOLDER SHALL CANCEL THE ESCROW. NOTHING IN THIS PARAGRAPH 15 SHALL (i) PREVENT OR PRECLUDE ANY RECOVERY OF ATTORNEYS' FEES OR OTHER COSTS INCURRED BY SELLER PURSUANT TO PARAGRAPH 20 HEREOF OR (ii) IMPAIR OR LIMIT THE EFFECTIVENESS OR ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATIONS OF BUYER CONTAINED IN PARAGRAPHS 7(a)(i)(A) AND 23 HEREOF. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE PROVISIONS OF THIS PARAGRAPH 15 ANDWyer' IA IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TER Seller's itiaal 16. AIV R OF RIGHT TO SPECIFIC PERFORMANCE. IF SELLER SHALL FAIL TO CONVEY THE PROPERTY TO BUYER IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT, AND SUCH FAILURE CONSTITUTES A DEFAULT HEREUNDER, THEN BUYER SHALL BE ENTITLED TO THE RETURN OF THE DEPOSIT AND ALL INTEREST ACCRUED THEREON WHILE IN ESCROW BUT BUYER SHALL NOT HAVE THE RIGHT TO RECEIVE ANY EQUITABLE RELIEF, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO RECORD A LIS PENDENS AGAINST THE PROPERTY UNDER APPLICABLE LAW, OR TO PURSUE THE SPECIFIC PERFORMANCE OF THIS AGREEMENT, BUT SHALL HAVE THE RIGHT TO PURSUE AN ACTION FOR DAMAGES AGAINST SELLER RELATIVE TO SUCH DEFAULT. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE PROVISIONS OF THIS PARAGRAPH 16 AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUNDS Seller's In' ' is Byer Iniri s 17. D�Condemnation Prior to Closinn . Seller shall promptly notify Buyer of any casualty to the Property or any condemnation proceeding commenced prior to the Close of Escrow. If any such damage or proceeding relates to or may result in the loss of any material portion of the Property, Seller or Buyer may, at their option, elect either to: (i) terminate this Agreement, in which event all funds deposited into Escrow by Buyer shall be returned to Buyer and neither party shall have any further rights or obligations hereunder, or (ii) continue this Agreement in effect. If Buyer and Seller continue this Agreement in effect in the case of damage to a material portion of the Property or in the case of condemnation to a material portion of the Property or if the casualty or condemnation affects a non -material portion of the Property, then upon the Close of Escrow, Buyer shall be entitled to any compensation, 11087-0001\7660920.doc -13- awards, or other payments or relief resulting from such casualty or condemnation proceeding relating to the Property which Seller is entitled to receive or which Seller has received and there shall be no adjustment to the Purchase Price. Notwithstanding the foregoing, in no event shall Buyer be entitled to receive any rental loss insurance proceeds or business interruption insurance proceeds attributable to the period prior to the Close of Escrow. For purposes hereof, the term "material portion of the Property" shall mean any portion of the Property, the reasonable cost or repair of which exceeds Three Hundred Thousand Dollars ($300,000.00). 18. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, telegraphed, delivered or sent by telex, telecopy or cable and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if mailed, three (3) business days after the date of posting by the United States post office, (iii) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (iv) if given by telex or telecopy, when sent. Any notice, request, demand, direction or other communication sent by cable, telex or telecopy must be confirmed within forty-eight (48) hours by letter mailed or delivered in accordance with the foregoing. To Buyer: Richard and Lisa Schoenfeld lc, nnLAT r A eQ Telephone: Telecopy: To Seller: Executive Director City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92590-9033 Telephone: (909) 694-6444 Telecopy: (909) 694-1999 With a copy to: Richards, Watson & Gershon Bruce Galloway, Esq. 333 South Hope Street, 38th Floor Los Angeles, California 90071 Telephone: (213) 626-8484 Telecopy: (213) 626-0078 To Escrow Holder: First American Title Insurance Company 3625 14th Street Riverside, California 92501 Attn: Ms. Debra Newton 11087-000 1 \766092v3.doc -14- Telephone: (909) 787-1700 (x2723) Telecopy: (909) 784-7956 Notice of change of address shall be given by written notice in the manner detailed in this Paragraph 18. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. 19. Brokers. The parties hereto acknowledge and agree that Seller shall not be obligated to pay to any real estate brokerage commissions, fees or charges with respect to this transaction. If any claims for brokers' or finders' fees for the consummation of this Agreement arise, then Buyer hereby agrees to indemnify, save harmless and defend Seller from and against such claims if they shall be based upon any statement or representation or agreement by Buyer, and Seller hereby agrees to indemnify, save harmless and defend Buyer if such claims shall be based upon any statement, representation or agreement made by Seller. 20. Le ag 1 Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment, or out of court settlement shall be entitled to have and recover of and from the other party all costs and expenses of suit, including actual attorneys' fees. Any judgment or order entered in any final judgment shall contain a specific provision providing for the recovery of all costs and expenses of suit, including actual attorneys' fees (collectively "Costs") incurred in enforcing, perfecting and executing such judgment. For the purposes of this paragraph, Costs shall include, without limitation, attorneys' fees, costs and expenses incurred in the following: (i) postjudgment motions; (ii) contempt proceeding; (iii) garnishment, levy, and debtor and third party examination; (iv) discovery; and (v) bankruptcy litigation. 21. Assignment. Buyer shall not assign, transfer or convey its rights and/or obligations under this Agreement and/or with respect to the Property without the prior written consent of Seller, which consent Seller may withhold in its sole, absolute and subjective discretion. Any attempted assignment without the prior written consent of Seller shall be void and Buyer shall be deemed in default hereunder. Any permitted assignments shall not relieve the assigning party from its liability under this Agreement. 22. 1031 Exchange Cooperation. If Buyer desires to effect a tax -deferred exchange pursuant to Internal Revenue Code Section 1031, then Seller shall reasonably cooperate with Buyer in connection therewith, provided that: (i) the date for the close of Escrow shall not be delayed; (ii) Seller shall incur no additional expense by reason of such cooperation; and (iii) Seller shall not be required to acquire title to any property in order to effect such exchange. 23. Miscellaneous. 11087-0001\766092v3.doc _15- (a) Survival of Covenants. The covenants, representations and warranties of Buyer set forth in this Agreement shall survive the recordation of the Grant Deed and the Close of Escrow and shall not be deemed merged into the Grant Deed upon its recordation. The covenants, representations and warranties of Seller set forth in this Agreement shall survive the recordation of the Grant Deed and Close of Escrow for a period of six (6) months. (b) Required Actions of Buyer and Seller. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the purchase and sale herein contemplated and shall use good faith efforts to accomplish the Close of Escrow in accordance with the provisions hereof. (c) Time of Essence. Time is of the essence of each and every term, condition, obligation and provision hereof. All references herein to a particular time of day shall be deemed to refer to Los Angeles, California time. (d) Counteparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. (e) Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. (0 No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties thereto, to any person or entity other than the parties hereto. (g) Exhibits. The Exhibits attached hereto are hereby incorporated herein by this reference for all purposes. (h) Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. (i) Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 0) Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California. (k) Entire A eement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof. No subsequent 11087-0001\766092v3.doc -16- agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party shall be of any effect unless it is in writing and executed by the party to be bound thereby. (1) Partial Invalidity. If any portion of this Agreement as applied to either party or to any circumstances shall be adjudged by a court to be void or unenforceable, such portion shall be deemed severed from this Agreement and shall in no way effect the validity or enforceability of the remaining portions of this Agreement. (m) Successors and Assigns. Subject to the provisions of Paragraph 21 hereof, this Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. (n) Business Days. In the event any date described in this Agreement relative to the performance of actions hereunder by Buyer, Seller and/or Escrow Holder falls on a Saturday, Sunday or legal holiday, such date shall be deemed postponed until the next business day thereafter. (o) Interpretation and Construction. The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association where ever the context so requires. (p) Authori . The Chairperson or the Executive Director of the Seller (acting alone or together) are hereby directed and authorized to execute such other documents, including without limitation, amendments to this Agreement, certificates of acceptance, exhibits or certifications, as may be necessary or convenient to implement the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA 11087-000 1 \766092v3.doc -17- By: Jeff Comerchero, Chairperson ATTEST: By: Susan W. Jones, CMC City Clerk/Agency Clerk Approved as to form: Richards, Watson & Gershon, a professional corporation, counsel to Agency By: eter Thorson, Agency Counsel 11087-0001\766092v3.doc -18- Acceptance by Escrow Holder: First American Title Insurance Company hereby acknowledges that it has received originally executed counterparts or a fully executed original of the foregoing Agreement of Purchase and Sale and Joint Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. Dated: March _, 2004 First American Title Insurance Company By: Debra Newton, Escrow Officer and Authorized Agent 11087-0001\766092v3.doc -19- EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCEL 3, AS SHOWN BY PARCEL MAP 7913, AS PER MAP RECORDED IN BOOK 35, PAGE 63 AND 64 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA 11087-0001\766092v3.doc E)=T "A" RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS GRANT DEED AND ALL TAX STATEMENTS TO: C/o (Above Space for Recorder's Use Only) GRANT DEED The undersigned grantors declare: Documentary transfer tax is $[2,310.00] ( ) computed on full value of property conveyed, or (X) computed on full value, less value of liens and encumbrances remaining at time of sale. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE REDEVELOPMENT AGENCY FOR THE CITY OF TEMECULA, a public body, corporate and politic ("Grantor"), hereby GRANTS to RICHARD and LISA SCHOENFELD, husband and wife, the following described real property (the "Property") located in the revised, County of Riverside, State of California: SEE EXHIBIT "1" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE SUBJECT TO: Taxes and assessments. 2. All other covenants, conditions, restrictions, reservations, rights, rights of way, easements, encumbrances, liens and title matters whether or not of record or visible from an inspection of the Property and all matters which an accurate survey of the Property would disclose. BY ACCEPTANCE HEREOF, Grantee covenants, for itself and its successors and assigns, to refrain from restricting the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property on the basis of race, color, creed, religion, ancestry, sex, marital status, national origin or age of any person, nor shall Grantee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, 11087-000 1 \766092v3.doc EXHIBIT "B" Page 1 number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Property. All deeds, leases or contracts entered into with respect to the Property shall contain or be subject to substantially the following nondiscrimination/nonsegregation clauses: IN DEEDS: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, national origin, sex, marital status, age or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." IN LEASES: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: That there be no discrimination against or segregation of any person or group of persons, on account of age, race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, use or occupancy, tenure or enjoyment of the land herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased." IN CONTRACTS: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, creed, religion, age, national origin, sex, marital status or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land." All covenants contained in this Grant Deed shall run with the land for the benefit of, and shall only be enforceable by, Grantor and its successors and assigns, without regard to whether Grantor is or remains an owner of any land or interest therein to which such covenants relate. In the event of a breach of any covenant contained in this Grant Deed, Grantor shall have the right to exercise any right or remedy provided herein or otherwise available at law or in equity, to enforce the curing of such breach. IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed as of the _ day of 2004. "Grantor" Redevelopment Agency of the City of Temecula, Executive Director 11087-000 1 \766092v3.doc EXHIBIT " $" Page 2 ATTEST: Secretary "Grantee" 11087-0001\766092v3.doc EXHIBIT "B" Page 3 Legal Description of Property PARCEL 3, AS SHOWN BY PARCEL MAP 7913, AS PER MAP RECORDED IN BOOK 35, PAGE 63 AND 64 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA 11087-0001\766092v3.doc ERHIBIT °B" Page 4 SELLER'S CERTIFICATE To inform Richard and Lisa Schoenfeld (the "Transferee") that withholding of tax under Section 1445 of the Internal Revenue Code of 1986, as amended ("Code") will not be required by the Redevelopment Agency of the City of Temecula (the "Transferor") upon the transfer of certain real property by the Transferor to the Transferee, the undersigned hereby certifies the following on behalf of the Transferor: 1. The Transferor is not a foreign corporation, foreign partnership, foreign trust, foreign estate or foreign person (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder); and 2. The Transferor's U.S. employer or tax (social security) identification number is The Transferor understands that this Certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalty of perjury I declare that I have examined this Certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of the Transferor. Redevelopment Agency of the City of Temecula 0 Executive Director ATTEST: Secretary Approved as to form: Agency Counsel 11087-0001\766092v3.doc EXHIBIT "C" Page 1 ASSIGNMENT OF CONTRACTS AND ASSUMPTION AGREEMENT THIS ASSIGNMENT OF CONTRACTS AND ASSUMPTION AGREEMENT ("Assignment'), is made as of the _ day of , 2004, by and between Redevelopment Agency of the City of Temecula ("Assignor") and Richard and Lisa Schoenfeld, husband and wife, (collectively, "Assignee"). W ITNESETH: WHEREAS, Assignor and Assignee have entered into that certain Agreement of Purchase and Sale and Joint Escrow Instructions, dated Marc 2004 ("Agreement"), for the purchase and sale of certain real property ("Property") more particularly described in Exhibit "A" to the Agreement. WHEREAS, this Assignment is being made pursuant to the terms of the Agreement for the purpose of assigning to Assignee all of Assignor's rights, title and interest in and to those certain service and maintenance contracts described on Exhibit "A" attached hereto (the "Contracts"). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Assignment of Contracts. Assignor, without warranty, hereby grants, assigns, transfers, conveys and delivers to Assignee the Contracts and all of Assignor's right, title, interest, benefits and privileges thereunder, and Assignee hereby accepts such Assignment. 2. Assumption of Obligations. By acceptance of this Assignment, Assignee hereby assumes and agrees to perform and to be bound by all of the terms, covenants, conditions and obligations imposed upon or assumed by Assignor under the Contracts. Said assumption shall have application only to those obligations under the Contracts first accruing or arising on or after the delivery of this Assignment and shall have no application to obligations accruing or arising prior to said date. 3. Successors and Assigns. This Assignment shall be binding upon and inure to the benefit of the successors, assigns, personal representatives, heirs and legatees of the respective parties hereto. 4. Attorneys' Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, conditions, agreements or provisions on the part of the other party arising out of this Assignment, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including reasonable attorneys' fees. 5. Governing Law. This Assignment shall be governed by, interpreted under, and construed and enforceable with, the laws of the State of California. 11087-0001\766092v3.doc E)=IT "D" Page 1 IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first hereinabove written. "Assignor" Redevelopment Agency of the City of Temecula Approved as to form: Agency Counsel By: Chairman ATTEST: Secretary "Assignee" [Attach Schedule of Contracts] 11087-0001\766092v3.doc EXHIBIT " M Page 2 BILL OF SALE FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, Redevelopment Agency of the City of Temecula ("Seller"), does hereby give grant, bargain, sell, transfer and deliver unto Richard and Lisa Schoenfeld, husband and wife (collectively "Buyer") all of that certain personal property listed on the attached Exhibit "A" (the "Personal Property") which is owned by Seller and is located on and used in connection with the real property more particularly described on Exhibit `B" attached hereto, which is being conveyed to Buyer on or about of even date herewith. The Personal Property is hereby acquired by Buyer "as -is" without any representation or warranty of any kind or nature of Seller, express, implied or statutory, as to the nature of or title to the Personal Property or its fitness for Buyer's intended use of same. EXECUTED this of 2004 "Seller" Redevelopment Agency of the City of Temecula By: Chairman ATTEST: Secretary [Attach Personal Property Description and Real Property Description] 11087-0001\766092v3.doc EXHIBIT `B" Page 1 IDENTIFICATION OF TOXIC REPORTS :Nib'' ADM >Q 'w F, $ ; s� ." FO 40F" Site Closure Request — Harrison/Roberts 10/07/03 Norm Reeves Riverside County Supplement Environmental Supergroup Department of Management Environmental Health & San Diego Regional Water Quality Control Board Site Closure Request Harrison/Roberts 08/10/03 Norm Reeves Riverside County Environmental Supergroup Department of Management Environmental Health & San Diego Regional Water Quality Control Board Site Assessment Report Harrison/Roberts 06/23/03 Norm Reeves Riverside County Environmental Supergroup Department of Management Environmental Health & San Diego Regional Water Quality Control Board Hydrocarbon Impacted Robert Blankenship 04/14/03 Kelly Winters Kelly Winters Groundwater Workplan Harrison/Roberts Riverside Riverside County Dept for Additional Site Environmental County Dept of of Environmental Health Assessment/Verification Management Environmental Borings Health Hydrocarbon Impacted Robert Blankenship 11/13/02 Kelly Winters Kelly Winters Groundwater Harrison/Roberts Riverside Riverside County Hydrocarbon Mass Data Environmental County Department of Management Department of Environmental Health Environmental Health Soil Confirmation Harrison/Roberts 07/15/02 Norm Reeves Riverside County Boring Report - Environmental Supergooup Department of Groundwater Sampling Management Environmental Health & Report San Diego Regional Water Quality Control Board Soil Confirmation Robert Blankenship 06/07/02 Dick Kennedy Dick Kennedy Borings Harrison/Roberts General Manager General Manager Environmental Norm Reeves Norm Reeves Management Supergroup Supergroup Groundwater Treatment Harrison/Roberts 12/20/01 Riverside Riverside County Report— Quarterly Environmental County Department of Groundwater Management Department of Environmental Health & Monitoring Report Environmental San Diego Regional Fourth Quarter 2001 Health Water Quality Control Board 11087-0001\766092v3.doe EYMIT "F" Page 1 NAME4F_4EF,Q9T AUTHOR DATE P PARED .tVxR1 IT+TT ?NOR . , F45R= UIM�„OF, Groundwater Treatment Hanison/Roberts 09/25/01 Riverside Riverside County Report — Quarterly Environmental County Department of Groundwater Management Department of Environmental Health Monitoring Report Environmental Third Quarter 2001 Health Groundwater Treatment Harrison/Roberts 06/07/01 Riverside County Report —Quarterly Environmental Department of Groundwater Management Environmental Health & Monitoring Report San Diego Regional Second Quarter 2001 Water Quality Control Board Groundwater Treatment Harrison/Roberts 04/19/00 Riverside Report — Quarterly Environmental County Groundwater Management Department of Monitoring Report Environmental First Quarter 2000 Health Groundwater Pilot Harrison/Roberts 03/11/99 Norm Reeves Testing Report — Former Environmental Supergroup Honda of Temecula Management Groundwater Sampling Harrison/Roberts 06/30/98 Norm Reeves Riverside County Report Environmental Supergroup Department of Second Quarter 1998 Management Environmental Health Groundwater Sampling Harrison/Roberts 12/30/97 Norm Reeves Riverside County Report Environmental Supergroup Department of Second Quarter 1998 Management Environmental Health Site Assessment Report Harrison/Roberts 10/07/97 Norm Reeves Mr. Marc Brown Environmental Supergroup Hazardous Materials Management Specialist Riverside County Department of Health Site Assessment Harrison/Roberts 07/09/97 Norm Reeves Mr. Marc Brown Workplan Environmental Supergroup Hazardous Materials Management Specialist Riverside County Department of Health Site Assessment Report Harrison/Roberts 04/17/97 Norm Reeves Mr. Marc Brown Environmental Supergroup Hazardous Materials Management Specialist Riverside County Department of Health Site Assessment Harrison/Roberts 02/05/97 Norm Reeves Mr. Marc Brown Workplan Environmental Supergroup Hazardous Materials Management Specialist Riverside County Department of Health Site Assessment Report Harrison/Roberts 11/28/96 Norm Reeves Mr. Marc Brown Environmental Supergroup Hazardous Materials Management Specialist Riverside County Department of Health 11087-0001\766092v3.doc EXHIBIT'T' Page 2 Site Assessment Harrison/Robe Workplan Environmental Management CORRESPONDENCE Norm Reeves Supergroup Mr. Marc Brown Hazardous Materials Specialist Riverside County Department of Health -'w�ir ..+ve.•i..�sh"� k �` �£.S: Robert Blankenship � S i-'fi+a�:L2. Site ClosureRequestStatus and invoices. 02/16/04 Dick Kennedy Harrison/Roberts Environmental Management 12/01/03 Dick Kennedy Kelly Winters Discussed case with San Diego Regional County of Riverside Water Quality Control Board — Case will Community Health be presented for closure to the local Agency Department of oversight program on January 13, 2004. Environmental Health 09/03/03 Dick Kennedy Kelly Winters Reviewed the Site Closure Report of County of Riverside August 10, 2003 — needs additional Community Health information to process. Agency Department of Environmental Health 07/21/03 Jim O'Grady Kelly Winters HMMD evaluating the subject site for County of Riverside closure and awaiting a final closure report. Community Health Agency Department of Environmental Health 07/08/03 Dick Kennedy Kelly Winters HMMD Updated Closure Requirements County of Riverside 6/1/03 Community Health Agency Department of Environmental Health 05/08/03 Dick Kennedy Kelly Winters Reviewed Workplan for Additional Site County of Riverside Assessment/Verification and found Community Health acceptable with some stipulations. Agency Department of Environmental Health 04/14/03 Kelly Winters Robert Blankenship Letter of Summary of work proposed on County of Riverside Harrison/Roberts hydrocarbon impacted groundwater. Community Health Environmental Agency Department of Management Environmental Health 11/13/02 Kelly Winters Robert Blankenship Letter regarding Hydrocarbon impacted County of Riverside Harrison/Roberts groundwater at 27500 Jefferson in response Community Health Environmental to Sept 16 correspondence to calculate the Agency Department of Management hydrocarbon mass and clean up level, Environmental Health 09/16/02 Dick Kennedy Kelly Winters Letter regarding Underground Storage County of Riverside Tank UST Clean-up review of Soil Community Health Confirmation Boring Report/Groundwater Agency Department of Sampling Report of July 15, 2002. Environmental Health 11087-0001\766092v3.doc EXHIBIT' ' Page 3 Robert Blankenship Letter regarding Hydrocarbon impacted 06/07/02 Dick Kennedy Harrison/Roberts groundwater at 27500 Jefferson. Points to Environmental review. Management 06/07/02 Dick Kennedy Robert Blankenship Soil confirmation borings in accordance Harrison/Roberts with work plan of April 8, 2002. Environmental Management 06/07/02 Dick Kennedy Robert Blankenship Hydrocarbon Impacted Groundwater Norm Reeves Supergroup Harrison/Roberts Updates on recent developments — RCDEH Environmental Management 05/31/02 Dick Kennedy Kelly Winters Letter regarding underground storage tank County of Riverside UST clean-up with stipulations to April 8, Community Health 2002 work plan. Agency Department of Environmental Health 06/11/01 Dick Kennedy Robert Blankenship Analyzed water samples with EPA method Harrison/Roberts 8260 for third quarter July 2001 Environmental Management 04/13/O1 Dick Kennedy Robert Blankenship Summary of activities and future actions Harrison/Roberts Environmental Management 12/01/00 Dick Kennedy Robert Blankenship Summary of the groundwater treatment Harrison/Roberts project for month of November 2000 and Environmental items of interest Management 11/08/00 Dick Kennedy Robert Blankenship Summary of the groundwater treatment Harrison/Roberts project for month of October 2000 and Environmental items of interest Management 08/31/00 Glen Hams Shawn Nelson City knows of contamination and Small Business acknowledges responsibility. Administration 04/25/00 RDA Agenda Report John Meyer Environmental Indemnification and Remediation Agreement for sale of Property to Richardson Real Estate, LLC 04/17/00 Dick Kennedy Bob Blankenship Fax - Site drawing and lab results from 1" Norm Reeves Supergroup Harrison/Roberts quarter 2000. Environmental Management 12/21/99 Dick Kennedy Bob Blankenship Cleanup and abatement order of the General Manager Harrison/Roberts RWQCB, dated December 13, 1999 Norm Reeves Supergroup Environmental Projected Schedule Management O8/05/99 Dick Kennedy Robert Blankeuship Summary of Costs to date and projects Harrison/Roberts costs to complete the project. Environmental Management 11087-0001\766092v3.doc EXHIBIT "F" Page 4 k 08/05/99 Responsible Party County of Riverside Revised Local Oversight Program Corrective action Guidelines for underground storage tank cleanups in Riverside County. 07/26/99 John Anderson - SD Robert Blankenship Proposal for the remediation of Regional Water Quality Harrison/Roberts hydrocarbon impacted groundwater. Control Board Environmental Management 07/22/99 Dori Malloy — Hazardous Robert Blankenship Summary of factors that they feel should Materials Specialist — Harrison/Roberts allow treated groundwater to recharge the Riverside County Dept of Environmental aquifer from which it is drawn Environmental Health Management 07/07/99 Corey Walsh Robert Blankenship Reasons for request to allow the treated San Diego Regional Harrison/Roberts water to recharge the aquifer from which it Water Quality Control Environmental is drawn Board Management 06/30/99 Dick Kennedy Robert Blankenship Follow up on phone conversation and Harrison/Roberts provide relevant documentation on the Environmental developments surrounding the property Management 06/10/99 Dick Kennedy Dori Malloy Accepting Groundwater Pilot Testing Report of March 11, 1999 O1/21/99 Preliminary Findings — Groundwater Pilot Testing. O1/13/99 Dick Kennedy Robert Blankenship Invoice for $33,994.76 and pump test Harrison/Roberts report Environmental Management 12/15/98 Dick Kennedy Dori Malloy Acknowledge receipt of Groundwater Monitoring Well Installation and Pumping Test Work plan of 11/16/98. Acceptance with some stipulations. 03/18/97 Dick Kennedy Don Hillberg Attached invoice received from the State General Manager Management Assistant Water Resources Control Board Norm Reeves Supergroup 10/21/96 Dick Kennedy Don Hillberg Attached invoice received from the State General Manager Management Assistant Water Resources Control Board Norm Reeves Supergroup 06/03/96 Mary Jane McLarney Don Hillberg Memo - Jefferson Property Underground Assistant City Manager Tanks — Remaining item left open was the City of Temecula type on monitoring devises that was needed. 05/28/96 Marc Brown Dick Kennedy Refer to May 9 Letter and retaining Hazardous Materials Norm Reeves Super services of Thomas Fesseden Specialist Group County of Riverside 05/09/96 Marc Brown Dick Kennedy Refer January 29, 1995 letter and how to Hazardous Materials Norm Reeves Super address correspondence Specialist Group County of Riverside Department of Environmental Health 11087-0001\766092v3.doe EXHIBIT "F" Page 5 Marc Brown Underground Storage Tank Cleanup 01/29/96 Donna L. Reeves D.L. Reeves Inc. Hazardous Materials Riverside Dept of Environmental Health Specialist has entered into an agreement with the County of Riverside State of California Water Resources Department of Control Board to oversee cleanup. Environmental Health O1/25/96 Donna L. Reeves State Water Resources Notice of Requirement to Reimburse D.L. Reeves Inc. Control Board Division of Clean Water Programs 11/06/95 Mary lane McLamey Dick Kennedy Request for assistance from the City to Assistant City Manager Norm Reeves reduce the penalty to a lower level City of Temecula Supergroup 11/06/95 Mary Jane McLamey Dick Kennedy / Ron Memo regarding use of s7500 Jefferson Assistant City Manager Bradley Facility — acknowledging that Norm City of Temecula Reeves is authorized to lease property. 11/06/95 Mary Jane McLarney Dick Kennedy Letter - Today we awarded the bid to have Assistant City Manager Norm Reeves Super tanks removed. City of Temecula Group 10/11/95 City of Temecula John M. Fanning, Delinquent Account —Notice of 100% Honda of Temecula Director penalty assessed County of Riverside Department of Environmental Health 10/02/95 Underground Storage Tank Official Inspection Report 08/24/95 Mary Jane McLamey Dick Kennedy Letter confuming that Norm Reeves wants Assistant City Manager Norm Reeves to continue their lease for another year. City of Temecula Suvergroun 07/28/95 Environmental Health Permit for both Storage Tanks 07/19/95 Dick Kennedy Genie Roberts Health Permit for Underground Tanks — Honda of Temecula Director of Finance Forwarding the invoice from the County 07/10/95 City of Temecula John M. Fanning, Permit costs and penalties. Honde of Temecula Director County of Riverside Department of Environmental Health 07/10/95 Underground Storage Tank Permit Application 500 gal 07/10/95 Underground Storage Tank Permit Application 10,000 al 05/24/95 Dick Kennedy K. C. Neer Permits he received are not valid because Norm Reeves Management Assistant they were filed with the incorrect Property City of Temecula Owner and Tank Owner information 05/22/95 Mr. John Frey Scott F. Field of Burke, Preliminary environmental site assessment GEO Technical & Williams & Sorensen to the City of Temecula Environmental 05/19/95 K. C. Neer Scott F. Field of Burke, Letter — Only has in his files the Redevelopment Agency Williams and Sorensen Environmental Assessment Report of GEE, and not the Supplemental Report 05/19/95 Scott Field K. C. Neer Dool Property and Honda Property Burke, Williams and Redevelopment Agency Enclosing lease agreement and Sorensen L amendments for the Honda 11087-0001\766092v3.doc EXHIBIT "F" Page 6 05/19/95 Dick Kennedy K. C. Neer Request to send in copies of the monthly Norm Reeves Honda Management Assistant reports completed by your Statistical Inventory Reconciliation company. 029195 Donna L. Reeves Marc Brown Underground Storage Tank Cleanup D.L. Reeves Inc. Hazardous Materials Notification of "unauthorized release". Specialist County of Riverside Department of Environmental Health O1/24/95 Genie Roberts Luci Romero Memo outlining Ms. Romero's involvement Interim Finance Officer Financial Services in the Honda Site Project— includes City of Temecula Administrator Supplement to Report of Findings from City of Temecula Geotechnical & Environmental Engineers, Inc. O1/25/94 Underground Storage Tank Ownership Transfer Form 03/01/ 33 County of Riverside Health Services Agency Department of Environmental Health Closure by Removal and Underground Storage Tank Temporary Closure 08/O1/92 UST Statistical Inventory Reconciliation (SIR) Methods and Underground Storage Tank Removal Contractors 11087-0001\766092v3.doc EYMIT' F" Page 7 ITEM 17 APPROV CITY ATTORNEY DIRECTOR OF FII CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City o cll FROM: Debbie Ubnoske, Director of Planning DATE: April 13, 2004 SUBJECT: De Portola Road Planned Development Overlay (PA03-0721) RECOMMENDATION: The Planning Commission recommends that the City Council: Adopt a Resolution entitled: RESOLUTION NO.04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A NEGATIVE DECLARATION FOR A GENERAL PLAN AMENDMENT, OFFICIAL ZONING MAP AMENDMENT, AND AMENDMENTS TO THE OFFICIAL ZONING MAP AND MUNICIPAL CODE ADOPTING THE DE PORTOLA ROAD PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT (PLANNING APPLICATION 03-0721) 2. Adopt a Resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE GENERAL PLAN AMENDMENT FOR PROPERTY LOCATED WEST OF THE INTERSECTION OF DE PORTOLA AND MARGARITA ROADS (PLANNING APPLICATION 03-0721) 3. Introduce and read by title only an Ordinance entitled: ORDINANCE NO. 04- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP AND MUNICIPAL CODE TO INCORPORATE THE DE PORTOLA ROAD PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT (PLANNING APPLICATION NO. 03-0721) BACKGROUND: On November 20, 2002, the Planning Commission recommended denial of Valley Christian Fellowship's request to change the General Plan and Zoning designations from Very Low Density Residential to Professional Office at the southwest corner of De Portola and Margarita Roads. On January 14, 2003, the City Council considered the Commission's recommendation and directed staff to forward the applicant's request to the General Plan Community Advisory Committee (CAC) for their recommendation. On April 29, 2003, the CAC considered this proposal and expanded their discussion to examine the "big picture" in the Margarita and De Portola area. The CAC recommended that the General Plan Land Use Designation for the six parcels at the southwest corner of De Portola and Margarita Roads be changed from Very Low Density Residential to Professional Office. In addition, half the CAC felt that the two parcels at the northwest corner of De Portola and Margarita Roads should also be included. The Community Advisory Committee also recommended that the City consider the adoption of a Planned Development Overlay zoning district, because additional site specific standards could be developed to further protect the surrounding area. This recommendation was presented to the City Council at the June 24, 2003 City Council meeting. At that meeting, the City Council directed that the Planning Commission evaluate a General Plan Amendment (GPA) and Planned Development Overlay (PDO) on all eight parcels. Following this meeting, staff began the process of working with a representative of the Los Ranchitos Homeowners Association to identify and retain land uses that would support the future hospital/medical facility while removing intrusive commercial businesses with the potential to create noise or odor problems. In developing the PDO, staff started with the least intensive commercial zone (Professional Office) and removed virtually all the non -office commercial uses. Examples of the land uses that were removed include service stations, day care centers, restaurants, conference facilities, and affordable housing projects. The De Portola Road Planned Development Overlay zoning requirements, in addition to restricting the potential land uses, also contained supplemental standards to further minimize the potential impacts to the adjacent residential uses. Examples of these supplemental requirements include: • Additional building setbacks and perimeter landscape requirements adjacent to residentially zoned properties. • Reduced building heights and restrictions on architecture adjacent to residentially zoned property. • Restrictions on security and parking lot lighting adjacent to residentially zoned properties. • Requirements to maintain stream channel edge vegetation north of De Portola Road. A copy of the text of the De Portola Road Planned Development Overlay is contained in Attachment No. 4. Prior to the Planning Commission's consideration, staff received a letter from the Los Ranchitos Home Owners Association (HOA) reluctantly supporting the proposal. While the HOA sees the need for and support the future hospital project, they have additional concerns that they would like to the City to address as development proceeds in this area. The additional concerns/requests of the HOA include: the need to discourage additional traffic on and access to De Portola Road, the need to require landscape berms and larger trees adjacent to residential uses, and the HOA's desire to ensure the continuation of an equestrian trail across this area to connect to trail along De Portola Road through the Paloma del Sol Specific Plan and maintain a rural street design for De Portola Road. The first two items have been addressed within the PDO in Section 17.22.198.B.1 and 3. The trail continuation is already addressed in the previously adopted Citywide Master Trails Plan. A modified roadway standard for De Portola Road is best addressed through the ongoing General Plan Update. A copy of the Los Ranchitos Home Owners Association letter is contained in Attachment No. 8. A detailed analysis of the Association's comments is contained in the Planning Commission Staff Report that is contained in Attachment No. 6. Immediately before the Planning Commission hearing, staff received a letter from Sean Malekzadeh. Mr. Malekzadeh is the owner of property located at the south of Pio Pico Road and west of Margarita Road immediately north of the two properties north of De Portola Road. Mr. Malekzadeh requested that the city include his property in the PDO. According to Mr. Malekzadeh, he is currently working on a lot line adjustment with the neighboring property to exchange the portion of his lot north of drainage channel for the neighbor's portion of their lot south of the drainage channel. A copy of his letter is contained in Attachment No. 9. The Planning Commission considered this item on February 18, 2004. At the hearing the Commission considered the public testimony, and recommended that following changes to the City Council: 1. To exclude the two parcels at the northwest corner of De Portola and Margarita Roads from the proposed PDO. 2. To not include Mr. Malekzadeh's property into the PDO. 3. To increase the rear yard setback adjacent to any residentially zoned property from 25 feet to 30 feet. 4. Prohibit future trash enclosures in the supplemental landscape areas adjacent to residentially zoned property. The motion was approved by the Commission with a 4 to1 vote. Commissioner Ohlasso was in opposition to the proposal because of the non-residential land uses and the potential traffic that would be generated by a future hospital. A copy of the draft Planning Commission Minutes are contained in Attachment No. 7. Following the Commission meeting, the owners of the two properties at the northwest corner of De Portola and Margarita Roads submitted a letter requesting that the City Council retain their parcels with the proposed PDO. A copy of their letter is contained in Attachment No. 10. If the City Council accepts the Planning Commission's recommendation to not include any properties north of De Portola Road, staff recommends that the text of the Planned Development Overlay be modified to remove Footnote 2 from Table 17.22.198 and the second sentence from Subsection 17.22.198.B.6. These items are no longer needed if the parcels north of De Portola Road are not included within the De Portola Road Planned Development Overlay Zoning District. The Initial Environmental Study for this project identified no potentially significant impacts and a Negative Declaration was prepared. Issues related to Traffic/Circulation and Hazards were identified with a "Less Than Significant Impact" because the anticipated daily vehicle trips along the adjacent arterial roadways will not fall below the General Plan target of Level of Service "D". The public review period for the Negative Declaration was from February 2, 2004 to February 22, 2004. No written comments or verbal testimony raising new issues or providing additional information have been received. A copy of the Initial Environmental Study in contained in The Initial Environmental Study for this project identified no potentially significant impacts and a Negative Declaration was prepared. Issues related to Traffic/Circulation and Hazards were identified with a "Less Than Significant Impact' because the anticipated daily vehicle trips along the adjacent arterial roadways will not fall below the General Plan target of Level of Service "D". The public review period for the Negative Declaration was from February 2, 2004 to February 22, 2004. No written comments or verbal testimony raising new issues or providing additional information have been received. A copy of the Initial Environmental Study in contained in Attachment No. 11. If the City Council desires to include the property owned by Mr. Malekzadeh into the PDO, staff believes that the inclusion of this property into the Project will not affect the validity of the analysis or the conclusions. As a result, the Planning Commission recommends that the City Council approve a Negative Declaration for the General Plan Amendment, Zoning Map Amendment, and the De Portola Road Planned Development Overlay Zoning District. FISCAL IMPACT: There will be no direct fiscal impacts as a result of these actions. ATTACHMENTS: 1. Proposed Resolution Approving the Negative Declaration 2. Proposed Resolution Approving the General Plan Amendment 3. Proposed Ordinance 4. Proposed De Portola Road Planned Development Overlay District text 5. Planning Commission Resolution 6. Planning Commission Staff Report 7. Planning Commission Minutes 8. Original HOA Letter 9. Letter from Sean Malekzadeh 10. Additional Correspondence 11. Initial Environmental Study 12. Exhibits RAP D 0\2003\De Portola Road PDO\Staff Report CCt.doc ATTACHMENT NO. 1 PROPOSED RESOLUTION APPROVING THE NEGATIVE DECLARATION RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A NEGATIVE DECLARATION FOR A GENERAL PLAN AMENDMENT, OFFICIAL ZONING MAP AMENDMENT, AND AMENDMENTS TO THE OFFICIAL ZONING MAP AND MUNICIPAL CODE ADOPTING THE DE PORTOLA ROAD PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT (PLANNING APPLICATION 03-0721) WHEREAS, Valley Christian Fellowship originally submitted an application for a General Plan Land Use and Zoning Map Amendment ("Application") on May 20, 2002; and WHEREAS, this Application was considered by the Planning Commission and City Council before being sent to the Community Advisory Committee for a recommendation; and WHEREAS, the Community Advisory Committee provided a recommendation to the City Council that the Council considered on January 14, 2003. At this time the City Council accepted the Committee's recommendation and sent the Project back to the Planning Commission for review and consideration; and WHEREAS, staff prepared a project consisting of a General Plan Amendment, Zoning Map Amendment, and Planned Development Overlay ("Project") based upon the direction provided by the City Council; and WHEREAS, the City prepared an Initial Environmental Study for the Project that indicated no unmitigatable impacts on the environment. The Notice of Intent to approve a negative declaration and Initial Environmental Study were circulated for pubic review and comment as required by State Law. No substantial comments were received during the comment period or at the public hearing; and WHEREAS, the Planning Commission held duly noticed public hearing on February 18, 2004, and recommended that the City Council approve a negative declaration for the Project; and WHEREAS, the City Council has held a duly noticed public hearing on April 13, 2004 and considered the proposed Project and its impacts; and NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF TEMECULA DOES HEREBY RESOLVE AND DETERMINE THAT THERE WILL BE NO SIGNIFICANT ENVIRONMENTAL EFFECT FROM THIS PROJECT, THAT THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT HAVE BEEN COMPLIED WITH, AND THAT A NEGATIVE DECLARATION IS HEREBY APPROVED FOR PLANNING APPLICATION 03- 0721. PASSED, APPROVED AND ADOPTED this _th day of 2004. Michael S. Naggar, Mayor ATTEST: Susan Jones, CMC, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the day of , 2004 by the following vote of the Council: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan Jones, CMC, City Clerk ATTACHMENT NO.2 PROPOSED RESOLUTION APPROVING THE GENERAL PLAN AMENDMENT RESOLUTION NO.2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GENERAL PLAN AMENDMENT FOR PROPERTY LOCATED WEST OF THE INTERSECTION OF DE PORTOLA AND MARGARITA ROADS (PLANNING APPLICATION 03-0721) WHEREAS, Valley Christian Fellowship originally submitted an application for a General Plan Land Use and Zoning Map Amendment ("Application") on May 20, 2002; and WHEREAS, this Application was considered by the Planning Commission and City Council before being sent to the Community Advisory Committee for a recommendation; and WHEREAS, the Community Advisory Committee provided a recommendation to the City Council that the Council considered on January 14, 2003. At this time the City Council accepted the Committee's recommendation and sent the project back to the Planning Commission for review and consideration; and WHEREAS, the Planning Commission held duly noticed public hearing on February 18, 2004, and recommended that the City Council approve the attached amendment to the General Plan Land Use Map; and WHEREAS, the City Council has held a duly noticed public hearing on April 13, 2004 to consider the proposed General Plan Amendment; and NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF TEMECULA DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: Section 1. Amendments to the General Plan Land Use Mao. The City Council hereby amends the General Plan Land Use Map for the City of Temecula for the properties identified as APN's 959-050-007 and 008, and 959-080-002, 003, 004 and 005, from Very Low Density Residential to Professional Office. Section 2. CEQA Compliance. The City Council has duly considered and approved a Negative Declaration fort his project in accordance with the requirements of the C alifornia Environmental Quality Act. Section 3. Severability. The City Council hereby declares that the provisions of this Resolution are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect the validity of the remaining parts of this Resolution. Section 4. The City Clerk shall certify the adoption of this Resolution. Section 5. PASSED, APPROVED AND ADOPTED this _th day of 2004. Michael S. Naggar, Mayor ATTEST: Susan Jones, CMC, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the day of , 2004 by the following vote of the Council: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan Jones, CMC, City Clerk ATTACHMENT NO. 3 7�II�I�Tie]4 ORDINANCE NO. 04- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP AND MUNICIPAL CODE TO INCORPORATE THE DE PORTOLA ROAD PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT (PLANNING APPLICATION NO. 03-0721) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendments to the Official Zoning Map. The City Council hereby amends the Official Zoning Map for the City of Temecula, for property identified with Assessor Parcel Numbers 959-050-007 and 008, and 959-080-002, 003, 004 and 005, from Very Low Density Residential to Planned Development Overlay No. 8. Section 2. Municipal Code Amendment. The City Council hereby amends the Municipal Code for the City of Temecula by adding Sections 17.22.190 through 198, the De Portola Road Planned Development Overlay Zoning District, as contained in Exhibit A of this Ordinance. Section 3. CEQA Compliance. The City Council has duly considered and approved a N egative D eclaration for t his p roject i n a ccordance w ith t he r equirements o f the C alifornia Environmental Quality Act. Section 4. 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 5. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 6. 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 7. 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 ADOPTED, by the City Council of the City of Temecula this day of , 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 04- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the _ day of , 2004, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the. day of , 2004 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk ATTACHMENT NO.4 PROPOSED PLANNED DEVELOPMENT OVERLAY TEXT DE PORTOLA ROAD PLANNED DEVELOPMENT OVERLAY DISTRICT 17.22.190 TITLE Sections 17.22.190 through 17.22.198 s hall be known as "PDO-8" (DePortola Road Planned Development Overlay District). 17.22.192 PURPOSE AND INTENT The DePortola Road Planned Development Overlay District (PDO-8) is intended to provide regulations for the safe and efficient operation, and creative design of a unique commercial - residential transitional area within the city. This special overlay zoning district regulation is intended to permit a range of office and medical uses while protecting the quality of life in the adjacent large lot residential community. Supplemental performance standards have also been provided to ensure compatibility with the adjacent neighborhoods and to protect adjoining uses from excessive noise and other potentially objectionable impacts. 17.22.194 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN GUIDELINES A. The list of permitted, conditionally permitted, and prohibited uses for the De Portola Road Planned Development Overlay District is contained in Table 17.22.196. B. Except as modified by the provisions of Section 17.22.198, the following rules and regulations shall apply to all planning applications in this area. The citywide Design Guidelines that are in effect at the time an application is deemed complete. 2. The approval requirements contained in the Development Code that are in effect at the time an application is deemed complete. 3. Any other relevant rule, regulation or standard that is in effect at the time an application is deemed complete. 17.22.196 USE REGULATIONS The list of permitted land uses for the De Portola Road Planned Development Overlay district is contained in Table 17.22.196. Where indicated with a letter"P" the use shall be a permitted use. A letter "C" indicates the use shall be conditionally permitted subject to the approval of a conditional use permit. Where indicated with a "", the use is prohibited within the zone. RAP D O\2003\De Portola Road PDO\De Portola Rd PDO (PC Rec).doc Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District Description of Use PDO-8 A Adult business -subject to Chapter 5.08 of the Temecula Municipal Code Aerobics/dance/gymnastics/jazzercise/martial arts studios (less than 5,000 sq. ft.) Aerobic/dance/gymnastic/jazzercise/martial art studios (greater than 5,000 sq. ft.) Affordable Housing' Airports Alcoholism or drug treatment facilities C Alcohol and drug treatment (outpatient) C Ambulance services Animal hospital/shelter _ Antique restoration _ Antique sales _ Apparel and accessory shops _ Appliance sales and repairs (household and small appliances) - Arcades (pinball and video games)' Art supply stores Auction houses Auditoriums and conference facilities Automobile dealers (new and used)' Automobile sales (brokerage) -showroom only (new and used) -no outdoor display - Automobile repair services _ Automobile rental _ Automobile painting and body shop - Automobile salvage yards/impound yards - Automobile service stations with or without an automated car wash' Automotive oil change/lube services with no major repairs Automotive parts -sales Automotive service stations selling beer and/or wine -with or without an automated car wash B Bakery goods distribution Bakery retail RAP D 0\2003\De Portola Road PDO\De Portola Rd PDO (PC Rec).doc Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District Description of Use PDO-8 Bakery wholesale Banks and financial institutions, without drive thru facilities P Banks and financial institutions, with only drive thru ATM facilities C Banks and financial institutions, with drive thru teller facilities Barber and beauty shops Bed and breakfast Bicycle (sales, rentals, services) Billiard parlor/pool hall Binding of books and similar publications Blood bank Blueprint and duplicating and copy services Bookstores (specialty, 5,000sq. ft. or less) P Bowling alley Building material sales (with exterior storage/sales areas greater than 50 percent of total sales area) Building material sales (with exterior storage/sales areas less than 50 percent of total sales area) Butcher shop C Cabinet shop _ Cabinet shops under 20,000 sq. ft.-no outdoor storage - Camera shop (sales/minor repairs) - Candy/confectionery sales _ Car wash, full service _ Carpet and rug cleaning - Catering services - Clothing sales - Coins, purchase and sales - Cold storage facilities - Communications and microwave installations2 - Communications equipment sales - Community care facilities P Computer sales and service P R:\P D 0\2003\De Portola Road PDO\De Portola Rd PDO (PC Rec).doc Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District Description of Use PDO-8 Congregate care housing for the elderly'.",s p Construction equipment sales, service or rental - Contractor's equipment, sales, service or rental - Convenience market - Costume rentals - Crematoriums - Cutlery - D Data processing equipment and systems - Day care centers6 C Discount/department store Distribution facility Drug store/pharmacy (no drive through, 5,000 sq. ft. or less) P Dry cleaners C Dry cleaning plant - E Emergency shelters - Equipment sales and rentals (no outdoor storage) - Equipment sales and rentals (outdoor storage) - F Feed and grain sales - Financial, insurance, real estate offices P Floor covering sales Florist shop P Food processing - Fortune telling, spiritualism, or similar activity - Freight terminals - Fuel storage and distribution - Funeral parlors, mortuary - Furniture sales - Furniture transfer and storage - RAP 0 0\2003\De Portola Road PDO\De Portola Rd PDO (PC Rec).doc Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District Description of Use PDO-8 G Garden supplies and equipment sales and service - Gas distribution, meter and control station - General merchandise/retail store less than 10,000 sq. ft. - Glass and mirrors, retail sales _ Governmental offices p Grocery store, retail _ Grocery store, wholesale _ Guns and firearm sales - H Hardware stores _ Health and exercise clubs (5,000 sq. ft. or less) - Health and exercise clubs (greater than 5,000 sq. ft.) - Health food store _ Health care facility p Heliports Hobby supply shop Home and business maintenance service Hospitals p Hotels/motels _ I Ice cream parlor _ Impound yard _ Interior decorating service - J Junk or salvage yard - K Kennel _ L Laboratories, film, medical, research or testing centers P Laundromat Laundry service (commercial) RAP D 0\2003\De Portola Road PDO\De Portola Rd PDO (PC Rec).doc Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District Description of Use PDO-8 Libraries, museums and galleries (private) Liquefied petroleum, sales and distribution Liquor stores Lithographic service Locksmith M Machine shop Machinery storage yard Mail order businesses Manufacturing of products similar to, but not limited to, the following: Custom-made product, processing, assembling, packaging, and fabrication of goods within enclosed building (no outside storage), such as jewelry, furniture, art objects, clothing, labor intensive manufacturing, assembling, and repair processes which do not involve frequent truck traffic. Compounding of materials, processing, assembling, packaging, treatment or fabrication of materials and products that require frequent truck activity or the transfer of heavy or bulky items. Wholesaling, storage, and warehousing within enclosed building, freight handling, shipping, truck services and terminals, storage and wholesaling from the premises of unrefined, raw or semi refined products requiring further processing or manufacturing, and outside storage. Uses under 20,000 s . ft. with no outside storage Massage C Medical equipment sales/rental P Membership clubs, organizations, lodges - Mini -storage or Mini -warehouse facilities' - Mobile home sales and service - Motion picture studio _ Motorcycle sales and service - Movie theaters - Musical and recording studio - N Nightclubs/taverns/bars/dance club/teen club - Nurseries (retail) - Nursing homes/convalescent homes P RAP D 0\2003\De Portola Road PDO\De Portola Rd PDO (PC Rec).doc Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District Description of Use PDO-8 O Office equipment/supplies, sales/services Offices, administrative or corporate headquarters with greater than 50,000 sq. ft. Offices, professional services with less than 50,000 sq. ft., including, but not limited to, business, law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, insurance P P Paint and wallpaper stores Parcel delivery services Parking lots and parking structures C Pawnshop Pest control services Pet grooming/pet shop Photographic studio P Plumbing supply yard (enclosed or unenclosed) Postal distribution Postal services P Printing and publishing (newspapers, periodicals, books, etc.) Q Reserved R Radio and broadcasting studios, offices - Radio/television transmitter _ Recreational vehicle parks - Recreational vehicle sales - Recreational vehicle, trailer, and boat storage within an enclosed building - Recreational vehicle, trailer and boat storage -exterior yard - Recycling collection facilities - Recycling processing facilities - Religious institution, without a daycare or private school C Religious institution, with a private school Religious institution, with a daycare RAP D 0\2003\De Portola Road PDO\De Portola Rd PDO (PC Rec).doc Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District Description of Use PDO-8 Residential (one dwelling unit on the same parcel as a commercial or industrial use for use of the proprietor of the business) C Residential, multiple -family housing Restaurant, drive-in/fast food' - Restaurants and other eating establishments (with or without the sale of beer and wine) - Restaurants and other eating establishments (with the sale beer, wine and distilled spirits) - Restaurants with lounge or live entertainment - Retail support use to a non-commercial business (Limited to the sale of products manufactured or assembled on -site and occupying less that 25% of the floor area of the business) - Rooming and boarding houses - S Scale, public - Schools, business and professional P Schools, private (kindergarten through Grade 12) Scientific research and development offices and laboratories C Senior citizen housing (see also congregate care) ° - Solid waste disposal facility - Sports and recreational facilities - Swap Meet, entirely inside a permanent building' - Swap Meet, Outdoor - Swimming pool supplies/equipment sales - T Tailor shop P Taxi or limousine service Tile sales Tobacco shop Tool and die casting Transfer, moving and storage Transportation terminals and stations Truck sales/rentals/service TVNCR repair RAP D 0\2003\De Portola Road PDO\De Portola Rd PDO (PC Rec).doc Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District Description of Use PDO-8 U Upholstery shop V Vending machine sales and service W Warehousing/distribution Watch repair Wedding chapels Welding shop Welding supply and service (enclosed) Y Reserved Z Reserved Notes: 1. Subject the supplemental development standards contained in Chapter 17.10. 2. Subject to standards of Chapter 17.40 of the Temecula Municipal Code. 3. See Chapter 5.22 of the Temecula Municipal Code. 4. In addition to any applicable supplemental development standards listed in Chapter 17.10, housing projects not adjacent to residentially zoned property shall use the density, open space, and general performance standards for the High Density Residential zone. Housing projects adjacent to residentially zone property shall use the density, open space, and general performance standards in the Medium Density zone. 5. Serving beverages and simple morning and mid -day meals only. 6. Notwithstanding Section 17.10 of the Temecula Municipal Code, these uses shall also be subject the supplemental development standards contained in Section 17.22.198. RAP D 0\2003\De Portola Road PDO\De Portola Rd PDO (PC Rec).doc 17.22.198 DEVELOPMENT STANDARDS A. The development standards for the De Portola Road Planned Development Zone are shown below in Table 17.22.198. When specific standards are not provided, the criteria in the Development Code shall apply. Table 17.22.198 Development Standards De Portola Road Planned Development Overla District Development Standards PDO-8 Minimum net lot area 40,000 sq. ft. Target floor area ratio 0.50 Maximum floor area ratio with intensity bonus as per Section 17.08.050 1.0 Minimum width at required front setback area 80 ft. Minimum depth 120 ft. Minimum frontage on a street 60 ft. Minimum building setback adjacent to street: Arterial streets Collector and Local streets 20 ft. 20 ft. Interior side yard adjacent to non -residentially zoned property 10 ft. Interior side yard adjacent to residentially zoned property. 30 ft Rear yard area adjacent to non -residentially zoned property 10 ft. Rear yard areas adjacent to residentially zoned property. 30 ft. Accessory structure-side/rear setback 5 ft. Maximum height within 50 feet of residentially zoned property 35 ft. Maximum height within 100 feet of residentially zoned property 40 ft. Maximum height 50 ft. Maximum percent of lot coverage 50% Minimum required landscaped open space 25% Supplemental minimum perimeter landscapin�q:' Adjacent to residentially zoned property z Across the street from residentially zoned property 3 25 feet 15 feet Fence, wall or hedge -maximum height 6 ft. Accessory structure -maximum height 12 ft. Fence, wall or hedge screening outdoor storage Outdoor storage is not permitted RAP D 0\2003\De Portola Road PDO\De Portola Rd PDO (PC Rec).doc 10 Table 17.22.198 Development Standards De Portola Road Planned Development Overlay District Development Standards I PDO-8 1. This requirement does not apply to new single-family detached residences. Security light fixtures are not allowed in this area. 2. The two parcels north of De Portola Road have a rear property lines along an existing drainage channel. To provide an incentive to preserve the riparian vegetation along this channel, the existing vegetation may be applied to satisfy much of this requirement. However, an additional 7 feet of landscaping must be provided between the channel edge vegetation and the proposed development (buildings, parking spaces, drive aisles, etc.). 3. Parking spaces and drive aisles are not allowed within the required perimeter landscape areas except for the site -access driveways and building entrance walks which are not required to be landscaped. 4. Trash enclosures shall not be located within the supplemental perimeter landscape areas, B. All development within PDO-8 shall also comply with the following supplemental requirements. Access/Circulation. Whenever possible, new direct non-residential vehicle access to DePortola Road should be minimized. Whenever practical, shared reciprocal access between adjacent parcels should be provided. 2. Location of Parking. Parking lots shall be located generally behind the proposed structures so that buildings help screen the parking areas from adjacent residential uses. 3. Landscape buffering. The landscaping shall include some mature trees ranging from 24" to 48" box in size and should incorporate buffered landscape berms adjacent to residentially zoned properties. Landscape buffers shall be located outside of the walls used to screen these commercial uses. 4. Parking lot security lighting. To minimize adverse impacts from parking area, no elevated fixtures may be located 40 feet of residentially zoned property. 5. Building and accent lighting. Wall pack style lighting is prohibited adjacent to residential properties unless completely shielded to prevent any light spillage onto adjacent properties. 6. Limitations to architectural styles. New structures adjacent to a residentially zoned property shall maintain a predominately residential appearance. Except that structures located at the northwest corner of Margarita and DePortola that are more than more than 100 feet from the property line, may have a less residential appearance. Architectural styles that appear "boxy' are strongly discouraged. Illuminated Signage. No illuminated monument signage is allowed across the street from residentially zone property. This provision does not apply to small onsite directional (entry) signage. No illuminated wall signage above the first floor may face residentially zoned property. RAP D 020030e Portola Road PDO\De Portola Rd PDO (PC Rec).doc 11 ATTACHMENT NO. 5 PLANNING COMMISSION RESOLUTION PC 04- DRAFT PC RESOLUTION NO. -2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVED PLANNING APPLICATION NO. 03-0721 TO CHANGE THE GENERAL PLAN DESIGNATIONS FROM VERY LOW (VL) DENSITY RESIDENTIAL TO PROFESSIONAL OFFICE (PO), A ZONING MAP AMENDMENT FROM VERY LOW (VL) DENSITY RESIDENTIAL TO PROFESSIONAL OFFICE (PO), AND A MUNICIPAL CODE AMENDMENT TO INCLUDE SECTION 17.22.190, DEPORTOLA PLANNED DEVELOPMENT OVERLAY DISTRICT, ON 8 PARCELS TOTALING 21.7 ACRES, LOCATED AT THE NORTHWEST AND SOUTHWEST CORNER OF DE PORTOLA AND MARGARITA ROADS IN THE CITY OF TEMECULA (APN'S 959-050-003, 004, 007, 008 & 959-080-002, 003, 004, 005) WHEREAS, the City of Temecula filed Planning Application No. PA03-0721 (the "Application"), in a manner in accord with the City of Temecula General Plan and Development Code; and WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; and WHEREAS, the Planning Commission considered the Application on February 18, 2004, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; and WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of the Application without prejudice after finding that the project proposed in the Application conforms to the City of Temecula General Plan; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findings. The Planning Commission in recommending approval without prejudice of the Application makes the following findings: A. The amendment is compatible with the health, safety and welfare of the community. B. The amendment is compatible with existing and surrounding uses. C. The amendment will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. RAP D 0\2003\De Portola Road PDO\Resolutlons\PC Reso.doc t DRAFT Section 3. Recommendation. The Planning Commission for the City of Temecula hereby recommends that the City Council approve Planning Application No. 03-0721 to change the General Plan designations from Very Low (VL) Density Residential to Professional Office (PO), a Zoning Map amendment from Very Low (VL) Density Residential to Professional Office (PO), and a Municipal Code amendment to include section 17.22.190, DePortola Planned Development Overlay District, on 6 parcels, located at the southwest corner of De Portola and Margarita Roads in the City of Temecula (APN's 959-050-007, 008 and 959-080-002, 003, 004, 005) and adopt a Negative Declaration for the project. Section 4. PASSED, APPROVED AND ADOPTED this 181h day of February 2004. Dennis Chiniaeff, Chairperson ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. XXX was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 181h day of February 2004, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary RAP D 0\2003\De Portola Road PDO\Resolutions\PC Reso.doc 2 ATTACHMENT NO. 6 PLANNING COMMISSION STAFF REPORT ORIGINAL STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: February 18, 2004 Prepared by: Sheila M. Powers Title: Associate Planner File Number PA03-0721 Application Type: City Initiated General Plan Amendment, Zone Map Amendment, Development Code Amendment Project Description: A proposal to change the General Plan designations from Very Low (VL) Density Residential to Professional Office (PO), a Zoning Map amendment from Very Low (VL) Density Residential to Planned Development Overlay (PDO), and a Development Codeamendment to include Sections 17.22.190 through 17.22.198, DePortola Planned Development Overlay District, on 8 parcels totaling 21.7 acres, located at the northwest and southwest corner of DePortola and Margarita Roads in the City of Temecula (APN's 959-050-003, 004, 007, 008 & 959-080-002, 003, 004, 005). Recommendation: ® Recommend Approval to the City Council (Check One) ❑ Deny ❑ Continue for Redesign ❑ Continue to: ❑ Recommend Approval with Conditions ❑ Recommend Denial CEQA: ❑ Categorically Exempt (Class) (Check One) ® Negative Declaration ❑ Mitigated Negative Declaration with Monitoring Plan ❑ EIR R:\P D 0\20030e Portola Road PDOW STAFF REPORT.doc PROJECT DATA SUMMARY: Applicant: City of Temecula Completion Date: January 26, 2004 Mandatory Action Deadline Date: February 18, 2004 Existing General Plan Designation: Very Low Density Residential Existing Zoning Designation: Proposed General Plan Designation: Proposed Zoning Designation: Surrounding Zoning North: South: East: West: Lot Area: BACKGROUND: Low Densitv Residential Professional Office DePortola Road Planned Development Overlay District-8 Low Densitv Residential Very Low Densitv Residential 8 Parcels (21.7 acres) On November 20, 2002, the Planning Commission recommended denial of Valley Christian Fellowship's request to change the General Plan and Zoning designations from Very Low Density Residential to Professional Office on 21.7 acres located at the northwest and southwest corner of DePortola and Margarita Roads. On January 14, 2003, the City Council considered the Commission's recommendation and directed staff to forward the applicant's request to the General Plan Community Advisory Committee (CAC) for their recommendation. On April 29, 2003, the CAC considered this proposal and expanded their discussion based on examining the "big picture" land uses in the Margarita and DePortola area. At that meeting, all eight CAC members present considered the project site and its immediate vicinity as sensitive because of their proximity to residential areas (Los Ranchitos and Santiago Ranchos). However, the CAC recognized the potential for the area to develop as non -very low density residential because of its proximity to major streets and the proposed hospital. After extensive discussion, the CAC recommended changing the General Plan designation of the Valley Christian Fellowship's two parcels along with four other parcels immediately west of Margarita Road. Half of the CAC members in attendance wanted to extend the Professional Office area to include two additional parcels north of De Portola Road at the intersection of Margarita Road. The CAC also felt that the best way to ensure compatibility of future development with the adjacent residential area is to re -zone these parcels to Planned Development Overlay (PDO). The PDO would allow the city to further limit the land uses allowable in this area. RAP D 0\2003\1)e Portola Road PDOWC STAFF REPORT.doc At the June 24, 2003 City Council recommendations and directed that th ANALYSIS e To meet the needs of the future hospital, the neighborhood, and the community at large, the PDO will restrict commercial and auto -oriented uses, and will require additional setbacks and buffering adjacent to residentially zoned property areas. Working from the professional office zone, staff met with a representative from the Los Ranchitos Homeowners Association (HOA) to retain land uses that would support the future hospital/medical facility and remove intrusive commercial businesses with the potential to create noise or odor problems. In the process of developing this PDO, staff started with the least intensive commercial zone (Professional Office) and removed virtually all the non -office commercial uses from the PDO. This includes such potential incompatible uses as service stations, day care centers, restaurants, conference facilities, and affordable housing projects. Then, to minimize the potential impacts to, and conflicts with adjacent residential uses, stringent setback, lighting, and landscape standards were developed. Examples of these stringent requirements include the following: • Additional building setbacks and perimeter landscape requirements adjacent to residentially zoned properties. • Reduced building heights and restrictions on architecture adjacent to residentially zoned property. • Restrictions on security and parking lot lighting adjacent to residentially zoned properties. • Requirements to maintain stream channel edge vegetation. The permitted use matrix and development standards for the PDO are contained in Attachment Number 2. A comparison of the Professional Office requirements and PDO requirements are listed in Attachment Number 3. General Plan Conformity/Consistency Staff has reviewed the General Plan to assess the potential consistency of the proposed amendment with the adopted Goals and Policies primarily in the Noise, Circulation, Land Use and Community Design Elements. After examining these Elements, the opinion of staff is that the proposed change is consistent. The detailed review of the General Plan goals and policies is provided below. Noise Element Goal No. 1 requires "Land use planning that provides for the separation of significant noise generators from sensitive receptor areas." The discussion following this Goal states "Noise hazard areas will be considered to include locations within the 65 CNEL [Community Noise Equivalent Level] contour of master planned roadways, railroad corridors, aircraft flight paths, and industrial facilities." The two policy statements that follow apply to this project: R:\P D 0\2003\De Portola Road PDO\PC STAFF REPORT.doc • 1.1 "Discourage noise sensitive land uses in noisy exterior environments unless measures can be implemented to reduce exterior and interior noise to acceptable levels. Alternatively, encourage less sensitive uses in areas adjacent to major noise generators but require appropriate interior working environments." • 1.8 "Minimize noise conflicts between land uses and the circulation network." Section 4.A. Table 8-4 of the General Plan Noise Element indicates that exterior noise levels in residential areas should not exceed 65 decibels. Table 8-3 in Section 2.D.1. indicates that future noise levels on Margarita Road and will be in the range of 61.1 to 67.6 decibels at 100 feet from the centerline of the street. Margarita Road is classified as a 110 foot -wide Arterial Roadway, with a curb -to -curb dimension of 86 feet. Therefore, the 65-decibel noise contour would encroach at least 57 feet into the parcel along Margarita Road, rendering at least 0.59-acres of the site "undesirable" for residential development. Furthermore, Table 8-3 in Section 2.D.1. indicates that future noise levels on DePortola Road will be in the range of 54.4 - 64.0 decibels at 100 feet from the centerline of the street. DePortola Road is classified as an 88 foot -wide Secondary Roadway, with a curb -to -curb dimension of 68 feet. Therefore, the 65-decibel noise contour would encroach at least 42 feet into the parcel along Margarita Road, rendering at least 0.23-acres of the site "undesirable" for residential development. The proposed Professional Office use with a Planned Development Overlay allows exterior noise levels up to 70 decibels, which is higher than the projected noise level at the 100-foot noise contour for Margarita Road. The traffic noise from Margarita Road and DePortola Road would not as significantly impact Professional Office uses on the sites, allowing buildings to be located closer to Margarita Road or DePortola Road and further away from existing residents. One factor in recommending approval of the land use and zone change is the protection of residents from excessive noise levels, and compliance with the aforementioned goal and policies. The amendment to the Development Codeto include Sections 17.22.190 through 17.22.198 (DePortola Planned Development Overlay) will further allow staff to control future development and its noise impacts within this area. Circulation Element. Goal No. 1 states that the City will "Strive to maintain a Level of Service "D" or better at all intersections during peak hours and Level of Service "C" or better during non -peak hours." To evaluate the General Plan level impacts concerning circulation, staff deferred to Policy No. 1.2 that states "Require an evaluation of potential traffic impacts associated with new development prior to project approval, and require adequate mitigation measures prior to, or concurrent with, development." Using the General Plan Traffic Study (Table 2 — Land Use Trip Generation Factors), staff has determined that the overall number of vehicle trips that will potentially be generated by this site could increase from 10 trips (using Low Density Residential) up to a maximum of 5,208 trips per day (using Commercial Office category for the vehicle trip generation. There is Professional Office trip generation category). Since this intersection is combined of an arterial, major and secondary highway, staff has found that the Level -of -Service at this intersection per the General Plan, would remain above a LOS-D, as permitted by the General Plan, with the additional vehicle trips on any segment of either road. Staff has determined the additional vehicle trips would have a less than significant impact. R:\P D 0\2003\De Portola Road PDOW STAFF REFORTAd When a future development application is received and processed, the intensity of the use will be determined and, if necessary, mitigation measures will be implemented. Land Use Element. Goal No. 3 requires "A land use pattern that will protect and enhance residential neighborhoods." The discussion following this goal states, "Future residential and non-residential development should be compatible with the natural features of the site and the adjacent uses." The three policy statements that follow apply to this project: • 3.1 "Consider the compatibility of proposed projects on surrounding uses in terms of the size and configuration of buildings, use of materials and landscaping, preservation of existing vegetation and landform, the location of access routes, noise impacts, traffic impacts, and other environmental conditions." • 3.3' "Require parcels developed for commercial or industrial uses to incorporate buffers that minimize the impacts of noise, light, visibility of activity and vehicular traffic on surrounding residential uses." • 3.32 "Protect single-family residential areas from encroachment by commercial uses." Note: There are two Policies numbered "3.3" under Goal 3 of the Land Use Element The Land Use Element Goals and Policies discussed in this section can be implemented through the design process. The Development Review Committee (DRC) will ensure that a future Development Plan submittal for this site will address these policies to further minimize potential land use conflicts. Community Design Element. Goal No. 3 suggests "Preservation and enhancement of the positive qualities of individual districts or neighborhoods." Because no development plan has been submitted with this application, it is difficult to address issues of community design. The discussion following Goal 3 of the Community Design Element states, "Of particular importance, is the preservation of the character of the single family neighborhoods and their protection from intrusions from buildings that are "out of scale," incompatible land uses, and excessive vehicular traffic." Staff feels the change of land use is appropriate, that vehicular traffic will not be significantly impacted, and that design issues can be addressed with a subsequent Development Plan that conforms to the policies of the Community Design Element. The following General Plan Community Design Element policies may apply: • 3.1 "Improve the appearance of neighborhood areas and the "edges" between neighborhoods through landscaping, location of open space buffers, and special landscape features" • 3.2 "Preserve the scale and character of residential development by creating appropriate transitions between lower density, rural areas, and higher density development." RV D 0\2003M3e Portola Road PDOW STAFF REPORTAd • 3.3 "Encourage the use of creative landscape design to create visual interest and reduce conflicts between different land uses." The Community Design Element Goals and Policies discussed in this section will also be implemented through proper planning and the design process. The Development Review Committee (DRC) process will ensure that a future Landscape Plan submittal for this site will address these policies to further minimize potential land use conflicts. The DRC will also consider building mass, building orientation, site layout, ingress and egress, and buffering in determining compliance with these goals and policies as implemented through the supplemental requirements in Section 17.22.198.E of the PDO. HOA Concerns While the draft PDO was developed in collaboration with a representative of the HOA, it did not represent the opinion of the entire Board. Therefore, a copy of the draft PDO was sent to the HOA Board for their Board review. Staff received written comments from the Los Ranchitos HOA Board on January 15, 2004 (Attachment Number 5). At the board meeting, after much debate, the board concurred with the proposed changes. However, the HOA Board also requested that the City consider the five following issues in their deliberations: Additional traffic generated on DePortola Road should be discouraged Staff Response: As development applications are submitted to the city, staff will review each development application and traffic conditions on a case by case basis and try to discourage traffic on DePortola to the maximum extent possible. This goal has been included in the proposed PDO. New direct non-residential vehicular access to DePortola Road should be discouraged. Staff Response: The PDO could result in some new ingress/egress points along DePortola. The location of reciprocal ingress/egress easements could reduce future driveway locations. This goal has been included in the proposed PDO. The two parcels north of DePortola and immediately west of Margarita have the potential to direct access off of Margarita. 3. Buffers with landscape berms and mature 24"-48" box trees and shrubs adjacent to residential land uses shall be required. Staff Response: Staff agrees that additional buffering is needed adjacent to residentially zoned properties. Staff has included this concern in the proposed PDO and has set specific landscape buffering requirements. Future development will be required to have 25 feet of perimeter landscaping adjacent to residentially zoned properties and 15 feet of landscaping perimeter across the street from residentially zoned properties. Provisions to include some 24' 48" boxed trees has been incorporated into this PDO. 4. The existing equestrian/recreation trail within the Paloma/Paseo Del Sol project on the north side of DePortola Road, east of Margarita Road, shall be connected to the LRHOA trail system. Staff Response: The City of Temecula Multi -Use Trail Master Plan indicates a proposed public trail along DePortola Road and immediately west of Margarita Road. This R:\P D 0\2003\De Portola Road PDOW STAFF REPORTAd proposed trail will be addressed as new construction takes place along DePortola Road on a case by case basis. 5. DePortola Road shall be restricted to the Rural Road section with no streetlights, sidewalks or curb and gutter. Staff Response: Staff has reviewed this request and is open to looking at a rural road standard for portions of DePortola Road. Staff will also need to review public safety requirements before making a final recommendation on a revised standard. Resident Comments While the draft staff report was being prepared, staff received a written comment on February 4, 2004 from Mr. Sean Malekzadeh, the owner of property located at the south of Pio Pico Road and west of Margarita Road (Attachment No. 7). Mr. Malekzadeh is requesting that the city include his property in the PDO. Currently, Mr. Malekzadeh has an application with the city for a Lot Line Adjustment with his neighbor to the west, Mr. G.V. Salts. As a result of the Lot Line Adjustment, the drainage channel will be on the east side of his property. Mr. Malekzadeh's property is immediately north of the proposed PDO boundary between Margarita Road and the drainage channel. Staff concurs that it could be logical to include Mr. Malekzadeh's property into the zone change. Conclusion In summary, the proposed DePortola Road Planned Development Overlay District has been designed to ensure land use compatibility between the existing residences, adjacent commercial uses, and the future hospital. The proposed PDO allows only 28 out of the 60 land uses available within the Professional Office Zone. This severely restricts the type of uses that can be located here and allows for greater design control to ensure that only compatible land uses are located here. Environmental Determination This project does not qualify for an exemption from CEQA, and as a result an Initial Environmental Study was prepared. The Initial Environmental Study for this project identified no potentially significant impacts and a Negative Declaration was prepared. Issues related to Traffic/Circulation and Hazards were identified with a "Less Than Significant Impact" because daily vehicle trips increases will remain above a Level of Service "D" based on the Circulation Element of the General Plan. The public review period for the Negative Declaration was from February 2, 2004 to February 22, 2004. At the time this report was prepared, no written comments had been received. R:\P D 0\2003\De Portola Road PDOW STAFF REPORT.doc ATTACHMENT NO. 7 PLANNING COMMISSION MINUTES FROM THE FEBRUARY 18, 2004 MEETING DRAFT New Items 5 Planning Application No. P A03-0721 A proposal to change the General Plan designation from Very Low (VL) Density Residential to Professional Office (PO). a Zoning Map By way of PowerPoint, Associate Planner Powers clarified the staff report (as per agenda material), highlighting the existing requirements of the Professional Office Zone and the proposed DePotola Road Plan Development Overlay District (PDO); advising that Mr. Malekzadeh, (property owner of property located southwest corner of Pio Pico and Margarita Road) has requested to be included in the proposed Zone Change, and noting that staff would not support his request. For Commissioner C hiniaeff, P rincipal P lanner Hogan n oted t hat s taff would n of s upport t he inclusion of Mr. Malekzadeh's property, which would further expand commercial development to the north along Margarita Road. At this time, the Public Hearing was opened. Concurring with the staff report, Mr. Markham, 30105 Cabrillo Avenue, representing Los Ranchitos HOA, highlighted the following concerns: • Connecting of the existing equestrian trails with the Los Ranchitos Homeowners Association trail system; • Buffering with landscape berms through the use of 24" to 48" and shrubs adjacent to residential land uses; • Restricting De Portola Road to rural road section with no streetlights, sidewalks, or curb and gutter. In response to the Commissioners, Mr. Markham noted the following: • That the hospital will have a 5' or 6' height landscape berm along De Portola Road frontage as well as along the vacated Pio Pico Road area; • That although the Homeowners Association (HOA) is not requesting a circulation element change, it is being requested that the PDO include verbiage such as optional interroadway standard may be used in rural semi -rural areas; • That although reluctant, the HOA would concur with the proposed change for the two parcels north of DePortola Road. Mr. McNeff, 45627 Clubhouse Drive, representing Valley Christian Fellowship, relayed support of the proposed recommendation and thanked the Planning Commission, staff, and citizens for RAMinutesPC\021804 3 DRAFT Their associated efforts and requested that reasonable access be provided to the church property. Ms. Carol Marsden, 30955 De Portola Road, expressed concern with her property being commercially surrounded on two sides if this request were approved. Relaying his desire to retain the rural setting, Mr. Evan Harbottle, 31655 Pio Pico Road, expressed concern with traffic and traffic patterns, and noted that Santiago Homeowners Association (HOA) have expressed objection to commercial property abutting residential properties. Mr. Kenneth Ray, 31647 P io P ico Road, President of the Santiago Rancho H OA, noted the following: • That the homeowners' would object to commercial properties abutting association properties; • That the association would support Los Ranchitos Homeowners Associations request of no commercial outlet onto De Portola Road; • That the two lots north of De Portola Road should not be included in the recommendation. At this time, the Public Hearing was closed. Commissioner Chiniaeff expressed issues of concern with further extending the zoning to the north and ensuring the preservation of the character of the area. Assistant City Attorney Curly further clarified Planned Development Overlays (PDO) Commissioner Mathewson concurred with Commissioner Chiniaeff with regard to limiting extension of the two northerly parcels requesting that sufficient setbacks be imposed for trash enclosures for the accessory structure and requesting that the rear yard setbacks from 25' to 30' on parcels adjacent to residentials. Expressing her opposition with the proposal, Commissioner Olhasso stated that a hospital in the proposed area will be adding to existing traffic congestion and relayed the importance of maintaining the large lots, open space, equestrian trails, and the character of the area. Respecting the development of this project and relaying overall support of it, Chairman Telesio expressed his opposition with expanding the proposed PDO Parcel No. 9 (Mr. Malekzadeh's property) and concurred with previously made comments that De Portola Road should be the boundry line and that the parcels to the north of that road should not be included in the proposed PDO. Having recently been appointed to the General Plan Committee, Mr. Telesio suggested that this matter be forwarded to that committee for further review. Principal Planner Hogan clarified that trash enclosures would not be allowed in the setback areas adjacent to the residential zone property. RAMinutesPC\021804 4 DRAFT MOTION: Commissioner Chiniaeff moved to adopt PC resolution No. 2004-007, including the correction for the trash enclosures and recommend that the City Council consider in the adoption of the General Plan, a transition standard for De Portola Road from Margarita Road on east into the Los Ranchitos area. Commissioner Mathewson seconded the motion and voice vote reflected approval with the exception of Commissioner Olhasso who voted No. PC RESOLUTION NO. 2004-007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A NEGATIVE DECLARATION FOR PLANNING APPLICATION NO. PA03-0721, CONSISTING OF A GENERAL PLAN AMENDMENT, A ZONING MAP AMENDMENT, AND AN AMENDMENT TO THE MUNICIPAL CODE ADOPTING THE DEPORTOLA ROAD PLANNED DEVELOPMENT OVERLAY DISTRICT. RAMinutesPC\021804 5 ATTACHMENT NO. 8 ORIGINAL HOA CORRESPONDENCE Los P.O. Box 4 Phone (909) 71 Officers 2003-2004 President, Larry Markham Vice President, Neal Ziff Secretary/Treasurer, Rebecca Weersing Architectural & Environmental Control, Don Stowe January 9, 2004 Mr. David Hogan, Principal Planner City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Dear Dave: IAN 1 5 2004 Directors 2003-2004 Jeffrey Tomaszewski Dee Messing Doug Johnson Subject: Request for General Plan Designation Change Valley Christian Fellowship GPA/CZ PA 02-0260 The LRHOA Board appreciates the opportunity to provide input on the proposed General Plan designation for properties within LRHOA and adjacent to our boundaries. Our Board, after much debate, reluctantly concurs with the proposed change. Although concurring, the Board would like to continue to voice our concerns with the regard to the following issues: Additional traffic generated on De Portola Road should be discouraged. 2. New direct non-residential vehicular access to De Portola Road should be discouraged. Buffers with landscape berms and mature 24" to 48" box trees and shrubs adjacent to residential land uses shall be required. 4. The existing equeshian/recreation trail within Paloma/Paseo del Sol project on the north side of De Portola Road, east of Margarita Road, shall be connected to the LRHOA trail system. (see attached) De Portola Road shall be restricted to the Rural Road section with no streetlights, sidewalks or curb and gutter. (see attached) Request for General Plan Designation Change Valley Christian Fellowship GPA/CZ PA 02-0260 Page 2 6. The newly designated land use area shall be restricted to be consistent with Z1— Z3 of the existing General Plan regarding the following: a. Building mass and scale b. Ranch residential architectural style c. Lighting orientation d. Acoustic orientation e. Hours of operation These are our ongoing concerns that impact the quality of life of our members. Sincerely, R. M kham President LRM/slg Cc: Board Members 0Y:t7,t- y N a 9. Specific Plan Road This designation is used for roadway facilities which are intended to function as., a Principal Collector or higher classification but lack final design definition due to one or more. of the following features: • Due to special Specific Plan project design considerations, typical standard roadway cross sections may not be appropriate. Specific Plan design concepts may can for special esthetics or functional treatments such as landscaping, pedestrian facilities, streetscape features, adjacent land access treatment, (eg. decorative paving, lamps, pedestrian furniture, signage, bicycle oriented annuities etc.). These roadways am often -*referred to as "Gateway" streets where project entry statements are made. • Non -typical right-of-way sections may be desirable to accommodate special design features discussed above. • Alignment options may be present which cannot be finalized until Tentative Tract or Plot Plans are developed. • Special circumstances may result. in the desire tomaintain the street as private instead of public. Designation of Specific Plan Roadways on the Circulation Plan serves as a Positive statement regarding the intended function of the roadway as a traffic carrying component of the circulation system. The ultimate design features of "Specific Plan Roads" are subject to the approval of City Staff and elected officials. Optional Rural Arterial Highway Standard This optional interim roadway standard may be used in rural and semi -rural areas with the following characteristics: (1) the adjacent parcels are used nrim"rito fnr Features include: A two lane cross section; however, in limited circumstances, left and right turn lanes may be required at some intersections. • Bike lanes will be located along only one side of the roadway to form a continuous system along each street, when needed. ;i 7IRd-01WnN OLCUL • Date: NavemW 9, 1993 CITY OF T$MBCULA Circulation Element ` } Minimum intersection/access spacing along Rural Arterial Highways should be approximately one sixteenth of a mile (33o feet). IDirect access from private residential properties should be avoided where possible. • Retention of the full general plan right-of-way. • Should future traffic volumes on streets constructed to a Rural Arterial Highway Standard reach Level -of -Service D, then the roadway should be improved to full general plan standards. These functional design guidelines will serve to assist the City in the development of detailed roadway design standards for implementation of the Circulation Plan. B. Development Impact Monitoring Program The monitoring of traffic impacts associated with area development approvals is a critical program which must be implemented to ensure that the City's transportation goals are achieved. A carefully designed Development Impact Monitoring Program. will provide the information necessary to: • Ensure equitable participation by developers in the implementation of roadway -� improvements throughout the City; • Update. the City's short -and .long-range Roadway Implementation Phasing ` Program; • Annually update the City's 5-year Capital Improvement Program; • Update the City's Transportation Facilities Funding Program; • Assess the performance of the City's Congestion Management Program; • Adequately respond to development impact reporting requirements identified in the Riverside County Congestion Management Program (CMP); and • Guide itrture land use/development decisions. 7'0d-01"OP-MOLL • Date: Noarombdr 9, 1993 - Page 3.24 ,TYPICAL ROADWA`" CROSS SECTIONS * $ma alk **To be used ,or outb pafto, Eke bm or ds"ss lute * ## for tdertm Use In tnmtaard and Wpe IN arm wMMn the Chy In meW, w000d", and oolomor RI➢htmt-wu T h e C i t y o f TEMECULA General Plan Program ?W ROW MEW 7➢•-,0,• QPnONAL RURAL ARTMM *** SPECIFT" PLAN OVERLAY 11 Approved Specific Plan Areas Proposed Specific Plan Now: Sm m "of spedfic PIN Amwfollowlngpagc. h TE Gene FIGURE 2-5 1!1 N Vl .ter Inlh+l^ -;*iCc NNN Be a � g 0 to o e,8 I mot do Ad 1w a �dyq 8 11=1 $-d �3 I Si3 0 � •1 He O d $ g a g $ �� y$s o•� ,� 8a g a �„ 5'Pa_ g.� � •s � _'14 a Ufa a Fos W R 9c �a0.8I� 0b^ �BE q W-`p ., ��� 8o$y oa•c 1010•° WSg oWyo$v8 �108 U��gpgO IO�IO Y�° omp�_pg3Wg F�E3�F� F�•2SC._F�� F��FNStl�F'S"o F$E2SC3��$V �yR o �t pov `g- oa _ 9 C �N'O . >2 s m m o `_ta ; n ATTACHMENT NO. 9 LETTER FROM SEAN MALEKZADEH SEAN MALEKZADEH 3772 Brennan Avenue Perris CA 92571 (909)943-2548 FHFEB Fax: (909)940-6078 0 4 2004 February 4, 2004 David Hogan City of Temecula P 0 Box 9033 Temecula CA 92589-9033 RE: Planning Application No. 03-0721 APN 959-020-028 Dear Mr. Hogan, I wish to be added to the Planned Development Overlay Along De Portola Road because I own property located on the comer of Pio Pico and Margarita Road, APN 959-020-028- 5. I am in the process of a lot line adjustment with G.V. Salts which will then put all of my property on the east side of the flood control channel. Sincerely, jz-o� Sean Malekzadeh SM:sh ATTACHMENT NO. 10 ADDITIONAL CORRESPONDENCE Evelyn Love Norris 6821 Vianda Court Carlsbad, CA 92009-5338 The City of Temecula Planning Department 43200 Business Park Drive Temecula, CA 92589-9033 Subject: Planning Application 03-0721 Attention: David Hogan, AICP, Principle Planner Dear Mr. Hogan, FEB 2 5 2004 My husband and I attended the Planning Commission meeting of February 18, 2004 concerning the referenced Planning Application. Our interest is in the property under consideration north of the de Portola throughway. We were both impressed with the efficiency that was demonstrated in the conduct of city planning meeting. Other city meetings we have witnessed have not been so efficiently conducted. We are requesting that the Commission reconsider the Council's recommendation to remove the lots north of de Portola from the rezoning application. Before this rezoning issue was brought to our attention, we were not really aware that Temecula, a city growing in population very rapidly did not have its own hospital. We are very pleased that there is one in the planning, now. Having examined the plot map from the city, and attended the hearing, it became obvious to us that the hospital will require considerable surrounding area facilities to make it efficient for the citizens and attract the best medical professionals. It will not be very far in the future that more commercial property will be needed. The property is located very well for facilities to support the hospital. The gully running at the western boundary of the property can serve as a buffer. There are ways to adequately protect the adjoining property. At the beginning of the meeting, it was stated that there are acceptable plans to protect the property to the west of the rezoned lots on de Portola. We have had no on -going or immediate plans to sell the property under consideration, but in the best interest of the city to develop a viable hospital and supporting medical offices, it seems prudent to have property already zoned for their placement as the hospital is built and will undoubtedly need to grow. We respectfully request that the property north of the de Portola be reinstated as part of the rezoning plan. We are the owners of the property at 43939 Margareta. (Lot 23 MB059/053 TR3752 The owners: Evelyn Love Norris, Corwyn R. Love, Marian Brown, Verna Lee Youngman Respectfully, Evelyn Love Norris and Lloyd R. Norris Copies to Each owner p � 9 R 0 T I MAR 2 3 2004 D By March 15, 2004 The City of Temecula Planning Department 43200 Business Park Drive Temecula, CA. 92589-9033 Attn: David Hogan, AICP, Principle Planner Re: Planning Application 03-0721 Dear Mr. Hogan: As owner of the property at 43980 Margarita in Temecula, I am hereby requesting reconsideration of the Council's recommendation to remove the lots north of de Portola from the rezoning application. The proposed hospital will isolate these lots, and I concur with the feelings of the other owners of these lots that this is not fair to us. I would very much appreciate your cooperation in accomplishing the reinstatement of the lots north of de Portola in the rezoning plan. Please advise if there is anything I can do to assist in this regard. Sincerely, //�' A �(Sfe y !/ y/ Iris Abernathy (Trust U/W/O G.W. Abernathy, Deceased) 22489 Bear Creek Dr. N. Murrieta, CA. 92562 909/696-5747 ATTACHMENT NO. 11 INITIAL ENVIRONMENTAL STUDY n z of Temecula OCity R1989 P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title DePortola Road Planned Development Overlay District (Planning Application 03-0721 Lead Agency Name and Address City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Contact Person and Phone Number Sheila M. Powers, Associate Planner 909 694-6400 Project Location Located along the north and south sides of De Portola Road and immediately west of Margarita Road in the City of Temecula (APN's 959-050-003, 004, 007, 008 & 959-080-002, 003, 004, 005 Project Sponsor's Name and City of Temecula Address Planning Department 43200 Business Park Dr. Temecula, CA 92589-9033 General Plan Designation Existing: Very Low Density Residential (VL) Proposed: Professional Office PO Zoning Existing: Very Low Density Residential (VL) Proposed: DePortola Road Planned Development Overlay District PDO Description of Project A proposal to change the General Plan designations from Very Low (VL) Density Residential to Professional Office (PO), amend the Zoning Map from Very Low (VL) Density Residential to Planned Development Overlay (PDO), and a Municipal Code amendment to add Sections 17.22.190 through 17.22.198 to the Development Code on 8 arcels totaling 21.7 acres. Surrounding Land Uses and Setting The surrounding land use to the north of DePortola Road and east of Margarita Road is comprised of single family residences. Portions south of DePortola Road are vacant or developed with office uses. East of Margarita Road there is residential and commercial uses. Other public agencies whose None approval is required RAP D 0\2003\De Portola Road PDO\EA03 IES De Portola Road PDO.doc n Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. Land Use Planning Hazards Population and Housing Noise Geologic Problems Public Services Water Utilities and Service Systems Air Quality Aesthetics Transportation/Circulation Cultural Resources Biological Resources Recreation Energy and Mineral Resources Mandatory Findings of Significance ✓ None Determination On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not ✓ be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact' or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. 1O Signature Date L* Pow Printed Name for Z•2•D CG1 Of-TVrALW1Av RAP D 0\2003\De Portola Road PDO\EA03 IES De Portola Road PDO.doc 2 0 I Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 1. LAND USE AND PLANNING. Would the proposal: i.a. Conflict with general plandesignation orzoning? 1,3 ✓ 1.b. Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over theproject? 1,2 ✓ i.c. Be incompatible with existing land use in the vicinity? 1 ✓ i.d. Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? 2 ✓ 1.e. Disrupt or divide the physical arrangement of an established communi includin low-income or minori communit ? 1 ✓ 2. POPULATION AND HOUSING. Would the proposal: 2.a. Cumulatively exceed official regional or local population projects? 1,2 ✓ 2.b. Induce substantial growth in an area either directly or indirectly (e.g. through project in an undeveloped area or extension of major infrastructure)? 1,2 ✓ 2.c. Displace existing housing, especially affordable housing? 1,2,3 ✓ 3. GEOLOGIC PROBLEMS. Would the proposal result in or Expose people to potential impacts involving? 3.a. Fault rupture? 1,2 ✓ 3.b. Seismic ground shaking? 1,2 ✓ 3.c. Seismic ground failure, including liquefaction? 1,2 ✓ 3.d. Seiche, tsunami, or volcanic hazard? 1,2 ✓ 3.e. Landslides or mudflows? 1,2 ✓ V. Erosion, changes in topography or unstable soil conditions form excavation, grading or fill? 1,2 ✓ 3. . Subsidence of the land? 1,2 ✓ 3.h. Expansive soils? 2 ✓ 3.i. Unique geologic or physical features? 2 ✓ 4. WATER. Would the proposal result in: 4.a. Changes in absorption rates, drainage patterns, or the rate and mount of surface runoff? ✓ 4.b. Exposure of people or property to water related hazards such as flooding? 2 ✓ 4.c. Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ✓ RAP D 0\2003\De Portola Road PDO\FA03 IES De Portola Road PDO.doc 4 0 i Issues and Supporting Information Sources Potentially Significant .Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 4.d. Chan es in the amount of surface water in any water body? ✓ 4.e. Changes in currents, or the course or direction of water Movements? ✓ 4.f. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ✓ 4. . Altered direction or rate of flow ofgroundwater? ✓ 4.h. Im acts to groundwater quality? ✓ 4.i. Substantial reduction in the amount of groundwater. Otherwise available for public water supplies? ✓ 5. AIR QUALITY. Would the proposal: 5.a. Violate any air quality standard or contribute to an existing or projected air quality violation? ✓ 5.b. Expose sensitive receptors topollutants? 2 ✓ 5.c. Alter air movement, moisture or temperature, or cause any change in climate? 2 ✓ 5.d. Create objectionable odors? 2 ✓ 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: 6.a. Increase vehicle trips or traffic congestion? 2,3 ✓ 6.b. Hazards to safety from design features (e.g. sharp curves or dangerous intersections or incompatible uses)? 2 ✓ 6.c. Inadequate emergency access or access to nearby uses? ✓ 6.d. Insufficient parking capacity on -site or off -site? 3 ✓ 6.e. Hazards or barriers for pedestrians or bicyclists? ✓ 6.f. Conflicts with adopted policies supporting alternative transportation e.. bus turnouts, bicycle racks)? ✓ 6. . I Rail, waterborne or air traffic impacts? ✓ 7. BIOLOGICAL RESOURCES: Would the proposal result in impacts to: 7.a. Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds)? ✓ 7.b. Locally designated species (e.g. heritage trees)? 1,2 ✓ 7.c. Locally designated natural communities (e.g. oak forest, Coastal habitat, etc.)? ✓ 7.d. Wetland habitat e.. marsh, riparian and vernal pool)? ✓ 7.e. Wildlife dispersal or migration corridors? ✓ RAP D 0\2003\De Portola Road PDO\EA03 IES De Portola Road PDO.doc 0 Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No impact 8. ENERGY AND MINERAL RESOURCES. Would the proposal: 8.a. Conflict with adopted energy conservationplans? 1 ✓ 8.b. Use non -renewal resources in a wasteful and inefficient manner? 1,2 ✓ 8.c. Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? 1,2 ✓ 9. HAZARDS. Would the proposal involve: 9.a. A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemical or radiation)? 1,2 ✓ 9.b. Possible interference with an emergency response plan or emergency evacuation Ian? ✓ 9.c. The creation of any health hazard or potential health hazard? ✓ 9.d. Exposure of people to existing sources of potential health hazards? ✓ 9.e. Increase fire hazard in areas with flammable brush, grass, or trees? 1 ✓ 10. NOISE. Would the proposal result in: i O.a. Increase in existing noise levels? ✓ 1 O.b. I Exposure of people to severe noise levels? ✓ 11. PUBLIC SERVICES: Would the proposal have an effect upon, or result in a need for new or altered government Services in any of the following areas: 11.a. Fireprotection? ✓ 11.b. Policeprotection? ✓ 11.c. Schools? ✓ 11.d. Maintenance of public facilities, including roads? ✓ 11.e. Other governmental services? ✓ 12. UTILITIES AND SERVICES SYSTEMS: Would the proposal Result in a need for new systems or supplies, or substantial Alterations to the following utilities: 12.a. Power or natural as? ✓ 12.b. Communications systems? ✓ 12.c. Local or regional water treatment or distribution facilities? ✓ 12.d. Sewer or septic tanks? ✓ RAP D 0/200300 Portola Road PD0\FA03 IES De Portola Road PDO.doc 6 0 Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 12.e. Storm water drainage? ✓ 12.f. Solid waste disposal? ✓ 12. . Local or regional water supplies? ✓ 13. AESTHETICS. Would the proposal: 13.a. Affect a scenic vista or scenic highway? 1,2 ✓ 13.b. Have a demonstrable negative aesthetic affect? ✓ 13.c. Create light orglare? ✓ 14. CULTURAL RESOURCES. Would the proposal: 14.a. Disturb paleontological resources? 1,2 ✓ 14.b. Disturb archaeological resources? 1,2 ✓ 14.c. Affect historical resources? 1 ✓ 14.d. Have the potential to cause a physical change which would affect unique ethnic cultural values? 1 ✓ 14.e. Restrict existing religious or sacred uses within the potential impact area? 1 ✓ 15. RECREATION. Would the proposal: 15.a. Increase the demand for neighborhood or regional parks or other recreational facilities? 1,2 ✓ 15.b. I Affect existing recreational opportunities? ✓ 16. MANDATORY FINDINGS OF SIGNIFICANCE. 16.a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ✓ 16.b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmentalgoals? ✓ 16.c. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). ✓ 16.d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either direct) ✓ RAP D 0\2003\De Portola Road PDO\EA03 IES De Portola Road PDO.doc 7 Potentially Potentially Significant Unleas less Than. Significant Mitigation Significant No .Impact .Incorporated Impact Impact Issues and Supporting Information Sources or indirectly? Comments: The project consists of a change in the General Plan and Zoning designations for 8 parcels to create a transitional land use district between a very low density residential community and an office commercial area along an arterial roadway. The proposed Planned Development Overlay (PDO) will allow some office and light commercial uses while limiting building heights and requiring additional landscaping and building setbacks adjacent to residentially zoned properties. These restrictions will ensure future land use compatibility with the adjacent commercial and residentially zoned property. The project will not directly result in any land use changes. Future new construction will receive appropriate environmental review when specific project details are known. The proposed project will not significantly affect the remaining: • Air quality • Groundwater and surface runoff • Geologic concerns • Biological impacts • Energy and minerals • Noise • Public services • Utilities and services • Aesthetics • Cultural resources • Recreation This project will be consistent with the adopted General Plan. This potential future land use changes are consistent with the following General Plan policies: Noise 1.1 and 1.8, Circulation 1.2, Land Use 3.1, 3.2, and 3.3, and Community Design 31, 3.2, and 3.3. The proposal is not inconsistent with any of the remaining policies. The proposed PDO could result in additional vehicle trips on adjacent General Plan level roadways. Under the most extreme development scenario, it is estimated that development consistent with this PDO could generate approximately 5,100 additional vehicle trips. If all those remaining trips are added to the anticipated build out traffic projections to each of the four adjacent arterial road segments, the resulting traffic volumes maintain the General Plan LOS "D" target. As a result, the impacts of this project are not expected to be significant. SOURCES 1. City of Temecula General Plan. 2. City of Temecula General Plan Final Environmental Impact Report. 3. City of Temecula Development Code and Official Zoning Map RAP D 0\2003\De Portola Road PDO\EA03 IES De Portola Road PDO.doc ATTACHMENT NO. 12 EXHIBITS RAP D M20030e Portola Road PDO\Staff Report CC1.doc Sean Malekzaden Owner requesting to be included in zone change from VL to PDO. 7 Legend PDO Centerline A Parcels 100 0 100 200 FeM Th m. a.m by tM City pTemevla caopapic baorm Syw . yn. m.ae.m em nb.. eab p RNeralae Cabey. T My p Ts.cWe.avn.. .enw4 ar legal r.pm Wfty br eb Mwmetlon c in m Nia map. Dab iMarmMian rep.enbE. 01. map are aubjW b opda oral moJiactlbn. T DaoprMh ldwmabon SyM arM oMer aova.M Id ba O.rbE turtle m.t wrrM In/ametlan. 1TIa map la rot brnprFt b nWa. rlpa4pii m�viw.}vo�ega�ptlo_9. epr 0 1 5 F 0 3 De Portola Road Planned Development Overlay District PA03-0721 ITEM 18 CITY ATTORNEY DIRECTOR OF FII CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/Ci C,puncil FROM: Debbie Ubnos Director of Planning DATE: April 13, 2004 SUBJECT: Environmental Assessment (EA) 103 — Winchester Road Widening PREPARED BY: Emery J. Papp, AICP, Associate Planner RECOMMENDATION: That the City Council adopt a Mitigated Negative Declaration for EA-103, the Winchester Road Widening Project. BACKGROUND: The Harveston Specific Plan was adopted by the City Council in August 2001. The Final EIR for the Specific Plan included Mitigation Measures to reduce the traffic impacts caused by development of the Specific Plan. The improvements to the intersection of Winchester Road at Jefferson Avenue were identified as a mitigation measure in the EIR. A Development Agreement with Lennar Communities also identified the timing of these proposed improvements. The recommended improvements for this intersection include: 1. Adding an eastbound right turn lane; 2. Adding a northbound right turn lane (dual right); 3. Convert southbound through/left to a dedicated left turn lane; and 4. Convert southbound right turn lane to a shared through and right turn lane. As part of this project, the Public Works Department has requested adding a raised center median on Jefferson Avenue (approximately 900 feet in length), north of Winchester Road. The purpose of the median is to prevent left turn movements in this congested area of Jefferson Avenue and to improve the flow of traffic. The proposed median will not require widening Jefferson Avenue. Approximately 12 feet of landscaped area for approximately 700 linear feet on both sides of Winchester Road will be removed as a result of this project. R:\E A\EA103 Winchester Road Widening\CC Agenda Report 04-13-04.doc 1 ENVIRONMENTAL DETERMINATION: This project is not exempt from CEQA and an Initial Study was prepared. While no significant impacts were identified, Planning Staff feels that the removal of mature landscaping along both sides of Winchester Road could have a negative impact on aesthetics in the project area. As a result, staff recommends adding a mitigation measure requiring that landscape construction plans be submitted with the bid package and that the Planning Department be provided an opportunity to review and comment on the proposed landscape plan. The public review period for the Negative Declaration was from March 24, 2004 to April 12, 2004. At the time this report was prepared, no comments had been received. FISCAL IMPACT: Funding for the widening project has been obtained and identified in the Capital Improvement Program. ATTACHMENTS: 1. Initial Environmental Study 2. Notice of Proposed Negative Declaration 3. CIP Project Description RAE A\EA103 Winchester Road Widening= Agenda Report 04-13-04.doc 2 ATTACHMENT NO. 1 INITIAL ENVIRONMENTAL STUDY R:\E A\EA103 Winchester Road Widening\CC Agenda Report 04-13-04.doc 3 City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Environmental Checklist Project Title Winchester Road Widening Project Environmental Assessment No. 103 Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Contact Person and Phone Number Emery J. Papp, Associate Planner 909 694-6400 Project Location Winchester Road, west of Jefferson Avenue; and Jefferson Avenue, north of Winchester Road in the City of Temecula, Riverside County, California (see attached map). The widening of Winchester Road will affect properties with the following APNs: 909-270-019 & 020, 909-270-042 & 043, 909-281-017 & 019, 909-282-002 & 012 Project Sponsor's Name and Address City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 General Plan Designation Winchester Road - Major Highway — 4 lanes Jefferson Avenue - Major Highway — 4 lanes Zoning Not Applicable Description of Project The widening of eastbound and westbound Winchester Road, west of Jefferson Avenue (approximately 700 linear feet) will provide dedicated turn lanes to facilitate turning movements without impeding through -traffic. This project will also construct a raised median island (approximately 900 linear feet) on Jefferson Avenue, north of Winchester Road. Surrounding Land Uses and Setting The project is within an area of the City that is built -out with Commercial and Business Park uses. Surrounding land uses are as follow: East of Jefferson Ave: Commercial West of Jefferson Ave to the: North: Commercial and Business Park South: Commercial Other public agencies whose approval None is required RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc 1 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. Land Use Planning Hazards Population and Housing Noise Geologic Problems Public Services Water Utilities and Service Systems Air Quality Aesthetics Transportation/Circulation Cultural Resources Biological Resources Recreation Energy and Mineral Resources Mandatory Findings of Significance ✓ None Determination (To be completed by the lead agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not ✓ be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact' or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is re uired, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Emery J. PaQQ, AICP Associate Planner Printed name RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc 2 1. Land Use and Planning. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Phvsicallv divide an established community? ✓ b. Conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific ✓ plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation plan or ✓ natural communit conservation Ian? Comments: a. No Impact. This project will provide for additional lanes to facilitate turn movements to/from Winchester Road, and place a median island to prevent turn movements on Jefferson Avenue in an established commercial/industrial area. No through -capacity will added from the construction of this project. This project will require the removal of a portion of the landscaped areas fronting commercial and industrial buildings to accommodate the additional turn lanes. This project will not divide the established community. b. No Impact. The Circulation Element of the City of Temecula General Plan contains provisions for obtaining additional right-of-way for existing General Plan level streets at strategic locations when it becomes necessary to do so. This project is identified in the certified Harveston Specific Plan FEIR as a mitigation measure to address traffic impacts resulting from the construction of that project. Implementation of this mitigation measure is required, and doing so will not conflict with any plan or ordinance adopted by the City of Temecula. Construction of the proposed project will require that the City of Temecula obtain additional right-of-way on Winchester Road. C. No Impact. The landscaped areas along both sides of Winchester Road that will be removed are areas that are part of the built environment. There are no native areas that will be disturbed as part of this project, and none of the areas impacted by this project are located within a habitat conservation plan or a community conservation plan area. As a result, this project will have no impact on land use. RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc 3 2. POPULATION AND HOUSING. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Inco orated Impact Impact a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and ✓ businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing ✓ elsewhere? C. Displace substantial numbers of people, necessitating the ✓ construction of replacement housing elsewhere? Comments: a. No Impact. The construction of road improvements is confined to an area of the City that is built out with commercial and industrial uses. The primary purpose of the project is to provide additional turn movement lanes to relieve congestion in the through -lanes in the area, and to prevent left turn movements within a heavily congested section of Jefferson Avenue. This project is not expected to induce residential and population growth in the area. b. - c. No Impact. The construction of road improvements is confined to an area of the City that is built out with commercial and industrial uses. This project will not displace any housing units or local residents. This project will have no impacts on population or housing. RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc 4 3. GEOLOGY AND SOILS. Would the project? Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Inco orated Impact Impact a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based ✓ on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii Strong seismic ground shaking? ✓ iii Seismic -related ground failure, including liquefaction? ✓ iv Landslides? ✓ b. Result in substantial soil erosion or the loss of topsoil? ✓ C. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, ✓ and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 1801-B of the Uniform Building Code (1994), creating substantial ✓ risks to life or property? e. Have soil incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems ✓ where sewers are not available for the disposal of wastewater? Comments: a. i-iii. Less Than Significant Impact. The construction of the proposed road improvements will be along existing, dedicated right-of-way. Winchester Road and Jefferson Avenue are classified as four -lane major highways. Winchester Road crosses the Wildomar Fault zone to the west of Jefferson Avenue. Jefferson Avenue is within the fault zone. However, widening the roadway and constructing raised median islands will not increase the probability of a seismic event along the Wildomar fault. The new turn lanes and median will be designed and constructed using best management practices to reduce potential damage from occurring during a seismic event. The proposed project will not expose people or structures to any significant impacts or effects caused by geology or soils beyond those already present and evaluated in the Master Environmental Assessment and Final EIR for the City of Temecula General Plan. No additional mitigation is required. a. iv. No Impact. The proposed project is within an area that is relatively flat. There are no hillsides in proximity to the project site and, therefore, this project will not expose people or property to the risk of landslides. b. No Impact. The construction of the proposed road improvements will require the removal of existing landscaping and topsoil to allow for an aggregate base and the widening of the existing road surface. The project will not cause soil erosion or the substantial loss of topsoil. RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.dcc 5 C. Less Than Significant Impact. The construction of the proposed road improvements will be along existing, dedicated right-of-way. Winchester Road and Jefferson Avenue are classified as four -lane major highways. The road segments for this project are within an area identified in the City of Temecula General Plan as a Liquefaction Hazard Area. However, widening the roadway and constructing raised median islands will not increase the probability of liquefaction occurring in the project area. The new turn lanes and median will be designed and constructed using best management practices to reduce potential damage from occurring in the event liquefaction occurs. The proposed project will not expose people or structures to any significant impacts or effects caused by geology or soils beyond those already present and evaluated in the Master Environmental Assessment and Final EIR for the City of Temecula General Plan. No additional mitigation is required. d. No Impact. The USDA Soil Survey for Riverside Area, California indicates that the underlying soils are of the Grangeville series, which are primarily fine sandy loams over course, gravelly sand. Clayey soils are not present and, therefore, the project is not located on expansive soils. e. No Impact. The project area is served by existing wastewater and storm water collection and conveyance systems capable of supporting the area. No septic systems exist or are proposed in the project area. RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc 6 4. HYDROLOGY AND WATER QUALITY. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and supporting Information Sources Impact Incorporated Impact Impact a. Violate any water quality standards or waste discharge ✓ requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate ✓ of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a ✓ stream or river, in a manner, which would result in substantial erosion or siltation on- or off -site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or ✓ amount of surface runoff in a manner that would result in flooding on- or off -site? e. Create or contribute runoff water that would exceed the capacity of existing or planned storm water drainage ✓ systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade water quality? ✓ g. Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or /Flood ✓ Insurance Rate Map or other flood hazard delineation map? In. Place within a 100-year flood hazard area structures that ✓ would impede or redirect flood flows? i. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a ✓ result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? ✓ Comments: a. —j. No Impact. The construction of road improvements will not substantially alter the existing drainage pattern of the area, or contribute runoff water that would exceed the capacity of the existing storm drain system. The proposed road improvements are not expected to affect hydrology or water quality standards beyond current roadway runoff levels. The improvements will not expose people or property to any new significant impacts or effects caused by flooding. As a result, no significant impacts are expected to occur. RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc 7 5. AIR QUALITY. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Conflict with or obstruct implementation of the applicable ✓ air quality plan? b. Violate any air quality standard or contribute substantially ✓ to an existing or projected air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient ✓ air quality standard (including releasing emissions that exceed quantitative thresholds for ozoneprecursors? d. Expose sensitive receptors to substantial pollutant ✓ concentrations? e. Create objectionable odors affecting a substantial number ✓ of people? Comments: a. No Impact. The construction of road improvements will have no impact on existing air quality plans or monitoring plans. b. Less Than Significant Impact. The construction of road improvements will have temporary effects on air quality. Construction activities will have the potential to create fugitive dust. However, construction and earth -moving activity will require adequate watering to reduce the potential for dust. Also, asphalt paving will cause volatile organic compounds to be released into the air. Approximately 627 tons of asphalt concrete will be needed for the widening project. However, because of the relative small amount of new roadway surface (less than one -quarter mile) and the temporary impact of the release of VOCs, this impact is considered to be less than significant. c. No Impact. The construction of road improvements will have temporary effects on air quality. However, construction activities are unavoidable and will not result in a long-term cumulatively considerable net increase of any criteria pollutant. d. No Impact. There are no sensitive receptors in proximity to the project area. e. No Impact. This project will not create objectionable odors affecting a substantial number of people. RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc 8 6. TRANSPORTATION/TRAFFIC. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Intonation Sources Impact Incorporated Impact Impact a. Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the ✓ number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion ✓ management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that ✓ results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or ✓ incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? ✓ f. Result in inadequate parking capacity? ✓ g. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, ✓ bicycle racks? Comments: a. No Impact. This project will provide for additional lanes to facilitate turn movements to/from Winchester Road, and place a median island to prevent turn movements on Jefferson Avenue in an established commercial/industrial area. No through -capacity will added from the construction of this project. The proposed improvements are consistent with the General Plan Circulation Element requirements for a four -lane major highway and are not expected to attract additional vehicle trips to the area. Once constructed, the new turn lanes will facilitate turning movements at the intersection which will relieve congestion, improving capacity at the intersection. No additional impacts are anticipated as a result of this project. b. No Impact. Implementation of this project will lead to a slight incremental improvement in overall level of service at this intersection. c. No Impact. Implementation of this project will not have an impact on air traffic patterns. d. No Impact. Implementation of this project will not increase hazards. The construction of dedicated turn lanes and a median island will better direct traffic to help avoid vehicular accidents. e. No Impact. Implementation of this project will lead to a slight incremental improvement in overall level of service at this intersection. This could conceivably improve emergency vehicle access and response times. f. No Impact. Implementation of this project will not affect existing off-street parking. g. No Impact. Implementation of this project will not conflict with adopted policies, plans, or programs supporting alternative transportation. RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc 9 7. BIOLOGICAL RESOURCES: Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in ✓ local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the ✓ California Department of Fish and Game or US Fish and Wildlife Service? C. Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, ✓ coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ✓ ordinance? f. Conflict with the provisions of an adopted habitat Conservation Plan, Natural Community Conservation ✓ Plan, or other approved local, regional, or state habitat conservation Ian? Comments: a. — f. The construction of road improvements will not significantly affect biological resources. The proposed project will place impervious surfaces on existing road right-of-way. The project will permanently remove some man-made landscaped areas along the sides of the existing roads, but there is no suitable habitat in these areas for wildlife. The existing right-of-way is established and there are no threatened or endangered species that would be impacted by this project. RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc 10 8. MINERAL RESOURCES. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Im act Impact a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use Ian? Comments: a. — b. The construction of road improvements will not consume any non-renewable resources in a wasteful manner. The project will not reduce regional or locally important resources. As a result, no impacts to energy or mineral resources are expected to occur from this project. RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc 11 9. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and SupportinQ Information Sources Impact Incorporated Impact Impact a. Create a significant hazard to the public or the environment through the routine transportation, use, or ✓ disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and ✓ accident conditions involving the release of hazardous materials into the environment? C. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely ✓ hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, ✓ would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the ✓ project result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or ✓ working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency ✓ evacuation Ian? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where ✓ wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: a. — h. The construction of road improvements will not expose area residents to any new hazards or hazardous materials not already transported through this area or found in adjacent neighborhoods. The project could feasibly result in a slight reduction of hazards by creating a safer route through the project area with the creation of dedicated turn lanes and raised median islands. The project is not located within the safety area for any public or private airports. As a result, no impacts are expected from this project. RAE A\EA103 Winchester Road Widening\FA 103 Winchester Rd. Widening.doc 12 10. NOISE. Would the project result in: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Exposure of people to severe noise levels in excess of standards established in the local general plan or noise ✓ ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ✓ roundborne vibration or groundborne noise levels? C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the ✓ ro.ect? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing ✓ without theproject? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the ✓ project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the ✓ project area to excessive noise levels? Comments: a. No Impact. The construction of road improvements will not significantly impact noise in the project area. Some additional construction -related noise is expected to occur while the project is being constructed. However, these impacts will be of relatively short duration and will largely be confined to daylight hours when businesses in the area are less likely to be bothered or affected. b. Less Than Significant Impact. The construction of roadway improvements will result in a short-term temporary increase in the amount of noise and vibration. However, no significant impacts or long-term impacts are anticipated. c. No Impact. Traffic levels are not expected to increase and, therefore, noise from traffic is not expected to increase. No new noise impacts are expected to occur as a result of vehicular traffic. d. Less Than Significant Impact. The construction of roadway improvements will result in a short-term temporary increase in the amount of noise and vibration. However, no significant impacts or long-term impacts are anticipated. e. No Impact. The project is not within an airport land use plan or within two miles of an existing public airport. f. No Impact. The project is not within an airport land use plan or within two miles of an existing private airport or airstrip. RAE A\EA103 Winchester Road Widening\FA 103 Winchester Rd. Widening.doc 13 11. PUBLIC SERVICES: Would the proposal have an effect upon, or result in a need for new or altered Government services in any of the following areas: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Would the project result in substantial adverse physical impacts associates with the provisions of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services? b. Fireprotection? C. Policeprotection? d. Schools? e. Parks? f. Other public facilities? Comments: a. — I. No Impact. The construction of road improvements will not affect the demand for, or adversely effect, public services. However, this project may result in a small incremental increase in road maintenance and landscape maintenance costs. The project is also expected to provide an incremental improvement in the provision of police, fire and ambulance services by improving traffic flow and reducing potential response times. As a result, no effects are expected from this project. RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.cim 14 12. UTILITIES AND SERVICE SYSTEMS: Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Exceed wastewater treatment requirements of the ✓ applicable Regional Water Quality Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing ✓ facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the ✓ construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are ✓ new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected ✓ demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to ✓ accommodate the roject's solid waste disposal needs? g. Comply with federal, state, and local statutes and ✓ regulations related to solid waste? Comments: a. — g. No Impact. The construction of road improvements will not affect existing public utilities or service systems. The project is expected to tie into and to use the existing storm runoff system serving this area. As a result, no significant impacts are expected from this project. RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc 15 13. AESTHETICS. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Impact Mitigation Incorporated Significant Impact No Impact a. Have a substantial adverse effect on a scenic vista? ✓ b. Substantially damage scenic resources, including, but not limited to, trees, rock outcropping, and historic building ✓ within a state scenic highway? C. Substantially degrade the existing visual character or quality of the site and its surroundings? ✓ d. Create a new source of substantial light or glare that would adversely affect day or nighttime views in the ✓ area? Comments: a. No Impact. There are no scenic vistas or scenic resources within the proposed project area. b.-c. Less Than Significant Impact. The construction of road improvements will have a temporary affect on views in the area. Mature trees and other landscaping will need to be removed during construction. After road construction is complete, the landscaping will be replaced with like or similar species in the remaining landscaped areas. There are no roads in the project area that have been designated as a scenic roadway. As a result of the landscaping removal, City Staff recommends adding the following mitigation measure: Mitigation Measure 13.1. The Public Works Department require that landscape construction plans be submitted with the bid package and that the Planning Department be provided an opportunity to review and comment on the proposed plans to ensure adequate and compatible replacement of the landscaping to be removed. d. No Impact. There will be no increase in the amount of street lighting and, therefore, there will be no impacts associated with glare. As a result, no significant impacts are anticipated. RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc 16 14. CULTURAL RESOURCES. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Intonation Sources Impact Incorporated Impact Impact a. Cause a substantial adverse change in the significance of a historical resource as defined in Section 1506.5? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 1506.5? C. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d. Disturb any human remains, including those interred outside of formal cemeteries? Comments: a. — d. No Impact. The roadway and shoulder areas of the project area have been extensively graded and maintained for years and the discovery of cultural resources is not expected to occur in such highly disturbed soil conditions. As a result, no impacts are anticipated. RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc 17 15. RECREATION. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Comments: a. — b. No Impact. The widening of Winchester Road and the construction of median islands on Jefferson Avenue will not affect the demand for, or adversely affect, recreational facilities. As a result, no impacts are expected from this project. RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc 18 16. MANDATORY FINDINGS OF SIGNIFICANCE. Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable futureprojects?) C. Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Comments: a. No Impact. The project area is not located within an area having the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. The project area is within an established commercial/industrial area. The project will permanently remove some man-made landscaped areas along the sides of the existing roads, but there is no suitable habitat in these areas for wildlife. The existing right-of-way is established and there are no threatened or endangered species that would be impacted by this project. b. No Impact. The widening of Winchester Road for dedicated turn lanes and the construction of median islands on Jefferson Avenue will meet current and future traffic and circulation needs within the project area west of Interstate 15. The need to widen Winchester Road was identified in the approved Harveston Specific Plan (Harveston). These improvements were anticipated in the Harveston EIR and the timing of construction was identified in a Development Agreement with the City. Residential units are currently being constructed in Harveston, therefore, the construction of road improvements are necessary at this time. c. No Impact. The cumulative impacts of the ultimate build -out for the project area (to General Plan standards) were addressed in the City General Plan and Final EIR that were adopted in November of 1993. This project will provide benefits that outweigh any potential impacts associated with the construction of the project. The project will not have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly and, therefore, a Negative Declaration is proposed for this project. RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc 19 17. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a. Earlier analyses used. Identify earlier analyses and state where they are available for review. b. Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C. Mitigation measures. For effects that are 'Less than Significant with Mitigation Incorporated," describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. The City of Temecula General Plan and the Environmental Impact Report for the City General Plan are available for review at the public counter of the Planning Department located at 43200 Business Park Drive in Temecula. SOURCES 1. City of Temecula General Plan (November 9, 1993) 2. City of Temecula General Plan Final Environmental Impact Report (November 9, 1993) 3. Harveston Specific Plan 4. Harveston Specific Plan EIR 5. Harveston Specific Plan Development Agreement RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc 20 EA 103 PROJECT AREA Proposed Media Proposed Widenin Legend N ® Affected Parcels W E Parcels Highways S • v Streets O City Boundary 400 0 400 800 1200 1600 2000 2400 Feet ATTACHMENT NO. 2 Notice of Proposed Negative Declaration RAE ATA103 Winchester Road Widening= Agenda Report 04-13-04.doc 4 City of Temecula Planning Department Notice of Proposed Negative Declaration PROJECT: Winchester Road Widening — Environmental Assessment No. 103 APPLICANT: City of Temecula LOCATION: Winchester Road, west of Jefferson Avenue; and Jefferson Avenue, north of Winchester Road in the City of Temecula, Riverside County, California (see attached map). The widening of Winchester Road will affect properties with the following APNs: 909-270-019 & 020, 909-270-042 & 043, 909-281-017 & 019, 909- 282-002 & 012 DESCRIPTION: The widening of eastbound and westbound Winchester Road, west of Jefferson Avenue (approximately 700 linear feet) will provide dedicated turn lanes to facilitate turning movements without impeding through -traffic. This project will also construct a raised median island (approximately 900 linear feet) on Jefferson Avenue, north of Winchester Road. The City of Temecula intends to adopt a Negative Declaration for the project described above. Based upon the information contained in the attached Initial Environmental Study and pursuant to the requirements of the California Environmental Quality Act (CEQA); it has been determined that this project as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, the City Council intends to adopt a Negative Declaration for this project. There are no mitigation measures required to reduce or mitigate the impacts of this project on the environment. The Comment Period for this proposed Negative Declaration is March 24, 2004 to April 12, 2004. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula, P.O. Box 9033, Temecula, CA 92589-9033. City Hall is located at 43200 Business Park Drive. The public notice of the intent to adopt this Negative Declaration is provided through: X The Local Newspaper. _ Posting the Site. X Notice to Adjacent Property Owners. If you need additional information or have any questions concerning this project, please contact EmeryJ. Papp, Associate P m%r at (90 69 6400. Prepared by: Emery J. Papa, AICP, Associate Planner ( ' nat re) I I (Name and Title) RAE A\EA103 Winchester Road WideningWOTICE OF PROPOSED NEGATIVE DECLARATION.doc 1 City of Temecula Planning Department Agency Distribution List PROJECT: Winchester Road Widening - Environmental Assessment No. 103 DISTRIBUTION DATE: March 24, 2004 to April 12, 2004 CASE PLANNER: Emery J. Papp CITY OF TEMECULA: Building & Safety ..................................... ( ) Fire Department .................................... ( X ) Police Department ................................ (X ) Parks & Recreation (TCSD) .................. (X ) Planning, Advance .................................. ( ) Public Works ......................................... (X ) STATE: Caltrans.................................................. Fish& Game .......................................... Mines & Geology .................................... Regional Water Quality Control Board... State Clearinghouse .............................. State Clearinghouse (15 Copies)........... Water Resources ................................... FEDERAL: Army Corps of Engineers ........................ Fish and Wildlife Service ......................... REGIONAL: Air Quality Management District .............. ( ) Western Riverside COG ......................... ( ) CITY OF MURRIETA: Planning.................................................. RIVERSIDE COUNTY: Clerk of the Board of Supervisors............ ( ) Airport Land Use Commission .................( ) Engineer..................................................( ) Flood Control ........................................ (X ) Health Department ..................................( ) Parks and Recreation ..............................( ) Planning Department ...............................( ) Habitat Conservation Agency (RCHCA) .. ( ) Riverside Transit Agency .........................( ) UTILITY: Eastern Municipal Water District........... (X ) Inland Valley Cablevision ...................... (X ) Rancho CA Water District ..................... (X ) Southern California Gas ....................... (X ) Southern California Edison ................... (X ) Temecula Valley School District ..............( ) Metropolitan Water District ......................( ) OTHER: Pechanga Indian Reservation ............... (X ) Eastern Information Center ..................... ( ) Local Agency Formation Comm .............. ( ) RCTC...................................................... ( ) Homeowners' Association ........................( ) R:\E A\EA103 Winchester Road Widening\NOTICE OF PROPOSED NEGATIVE DECLARATION.doc 2 ATTACHMENT NO. 3 CIP Project Description RAE XEA103 Winchester Road Widening= Agenda Report 04-13-04.doc 5 W A U ti D � U " 'y U� U R O u o ^ C�. O ° fp1 i o .+ p N b U O W N Cd W b '1 U O ° h p O O U ViVF/F/A1 O G � Q 00 p N O � N b Q G m d yI Y` Q.I u Q Pi Pi q A G v� F y v o 0 0 M O N N l- 8 O 'C C- h vi 613 cn wi ss es 0 0- N �b N O O N O N O O O O O 0 0 0 O O V C M O N N h N H d b CD 0 O A N vj es ss sv • O N W 0 U p q U a y �q '� O O 'U7 ❑❑ 0.�F d�UAFF Wv°� ITEM 19 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn Nelson, City Manager DATE: April 13, 2004 SUBJECT: Opposition of SB 744 (Dunn). Planning: Housing. (At the request of Mayor Naggar) PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING SENATE BILL 744 (DUNN) WHICH TRANSFERS LOCAL LAND USE AUTHORITY TO THE STATE ALLOWING THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) THE AUTHORITY TO OVERRULE LOCAL DECISIONS BACKGROUND: At the request of Mayor Naggar, the City of Temecula is opposing SB 744 (Dunn), because the bill gives the California Department of Housing and Community Development (HCD) the authority to overturn local land use decisions after hearing appeals from housing development applicants who were previously denied approval or granted approval with conditions by a local agency. HCD is empowered to overrule local decisions that it views as "not reasonable or consistent with local housing needs." This measure significantly increases the leverage of developers over local communities, by authorizing a developer to attempt an "end -run" around any local conditions imposed on a housing development that has been approved at the local level. A developer could seek to overturn any local conditions, if the Department decides that the local conditions are "not reasonable." The Department is empowered to "order" the local agency to modify or remove any such condition, and the developer and panel can enforce this decision in court. This measure is a clear transfer of local land use authority to the state, and places the interests of developers over the interests of the communities and their elected representatives. Under this legislation, even if the conditions imposed by a local government are legally valid, they may still be overturned based upon a political decision by the Department. Besides the loss of local authority, this level of state oversight is unwarranted. Developers who believe that a local government has unjustly treated their projects currently have recourse to the courts under Anti-Nimby Law [Section 65589.5 of the Government Code]. In staff's opinion, SB 744 seeks to empower developers to overturn locally imposed conditions, but ignores the affects of recent state -imposed conditions such as prevailing wage requirements which can increase the costs of affordable housing by over 20 percent. This bill has passed the Senate Floor and is now in the Assembly where it will likely be assigned to the Assembly Housing and Community Development Committee. It is also quite possible that this bill will be "double referred" meaning it will be heard by both the Housing Committee and the Local Government Committee. Senator Hollingsworth is a Principal co-author and is one of two republican Senators who supported this bill. The City was not contacted by Senator Hollingsworth's Office in advance of the introduction of this bill. Should the City Council elect to take a position of opposition on SIB 744, letters will be prepared to be sent to the above -mentioned committees as well as Senator Hollingsworth and Senator Dunn. FISCAL IMPACT: None ATTACHMENTS: Resolution No. 04- RESOLUTION NO.04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING SENATE BILL 744 (DUNN) WHICH TRANSFERS LOCAL LAND USE AUTHORITY TO THE STATE ALLOWING THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) THE AUTHORITY TO OVERRULE LOCAL DECISIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, Senate Bill 744 gives the California Department of Housing and Community Development (HCD) and Developers the power to determine conditions for approval of local projects - even in cases where a local government has already approved a project in accordance with the law; and WHEREAS, Senate Bill 744 empowers HCD to hear appeals from developers, whose projects were approved with conditions or additional requirements, effectively encouraging a them to attempt an end -run" around any local conditions imposed on a housing development that has been approved at the local level; and WHEREAS, Senate Bill 744 gives the Department discretion to decide that the conditions or requirements imposed by the local government render the provision of housing "infeasible" or ,.not reasonable or consistent with meeting local housing needs," and to order the local agency to modify or remove any such condition or requirement and to issue any necessary permit or approval; and WHEREAS, even in cases where conditions imposed by local government are legally valid, they may still be overturned based upon a political decision by the Department under this legislation; and WHEREAS, Senate Bill 744 also gives HCD and Developers the power to overtum legally valid local government decisions to deny a project if the Department considers the local agency decision unreasonable or inconsistent with meeting local housing needs; and WHEREAS, Senate Bill 744 is duplicative and unnecessary because developers who believe that a local government has unjustly treated their projects already have recourse to the courts under Anti-Nimby Law [Section 65589.5 of the Government Code]; and WHEREAS, Senate Bill 744 fails to recognize that recent state -imposed conditions such as prevailing wage requirements have a serious impact on housing cost and can increase the costs of affordable housing by over 20 percent. WHEREAS, the League of California Cities and other California cities are strongly opposed to Senate Bill 744. Resos\99-88 NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Temecula opposes SB 744 (Dunn), regarding the preemption of local land use authority by the California Department of Housing and Community Development. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 13th day of April, 2004. Mike Naggar, 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 Resolution No. 04-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 13th day of April, 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk Resos\99-88 ITEM 20 APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Herman D. Parker, Director of Community Services DATE: April 13, 2004 SUBJECT: Veteran's Memorial RECOMMENDATION: That the City Council: 1) Approve the Temecula Duck Pond as the location for the installation of the Veteran's Memorial. 2) Approve the conceptual Master Plan for the Veteran's Memorial entitled "Letters Home" created by artist Chistopher Pardell. 3) Approve the agreement between the City of Temecula and the artist Christopher Pardell for the design, artistic development and sculpture elements of the Veteran's Memorial entitled "Letters Home" in an amount of $178,307 with a 10% contingency of $17,831. 4) Appropriate an additional amount of $110,435 from General Fund Undesignated Fund Balance to the Veteran's Memorial project. BACKGROUND: In June of 2003 the City Council approved a project in the City's CIP to design and construct a Veteran's Memorial at a park site within the City of Temecula to honor veterans who have served in conflict and served our Country. In July of 2003 the Community Services Department released an RFQ calling for artist with experience in the design, development and construction of public art. The RFQ was mailed to over 35 artist across the country. Through an evaluation and interview process, which involved community input, the City Council sub- committee selected a proposal from Christopher Pardell entitled "Letters Home' as the Veterans Memorial to be installed here in the City. The sub -committee working with staff held meetings with the local VFW to gather their input and also the American Legion. A community workshop was also held to gather community input with regards to how the monument should look and what it should contain. The proposals from two (2) artists finalist were posted on the City's website for review and comment from the general public for approximately 8 weeks. Several residents voiced their input and comments and a great deal of support was gathered for this project. The recommended artwork depicts a soldier sitting in a bunker made of sand bags, his gun resting at his side, taking a quiet moment to reflect as he writes a letter home. The scale of the piece is intended to convey that soldiers are not heroic in stature nor aspiration -they are our neighbors, they are like us. The words of their letters home convey their RAZIGLERG\RECORD&REPORnO41304 CC Veterans Memorial.doc similarity to us, their hopes and dreams, to ours. They are not larger than life figures; they are real people who suffer and sacrifice for the benefit of us all. The life-size bronze statue is surrounded by seat walls and display actual letters that soldiers from various American conflicts have written home. A single tree is planted within a retaining wall with a plaque that reads Liberty Tree. Low level lighting illuminates a brick paver pathway of approximately eight (8) steps leading up to the monument area. These brick pavers are intended to be available for the public to purchase and recognize a member of their family who served in one of the branches of the U.S. military. Embedded in the north facing terrace wall are five (5) bronze emblems representing each branch of the U.S. military. The memorial is designed to be installed into the west facing slope of the Temecula Duck Pond, just below Pat and Oscar's Restaurant. It is designed to aesthetically fit into the serene environment that exists at our Temecula Duck Pond. The City of Temecula Public Works department will administer the construction and development of the hardscape and landscape for the monument. FISCAL IMPACT: The scope of service for the design, artistic development and sculpture elements of this project is $178,307 with a 10% contingency of $17,831. An additional $110,435 of General Fund Undesignated Fund Balance is needed for this project to cover the cost of administration, landscape and hardscape, engineering and construction of retaining walls, irrigation and brick paver pathways. ATTACHMENTS: Artist Agreement Artist Rendering R:\ZIGLERG\RECORDS\REPORT\041304 CC Veterans Memorial.doc CITY OF TEMECULA AGREEMENT FOR DESIGN AND CREATION OF A VETERANS' MEMORIAL THIS AGREEMEMT is made and entered into as of April 13, 2004, by and between the City of Temecula ("City"), and Christopher Pardell ("Artist"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. RECITALS. This Agreement is made with respect to the following facts and purposes, each of which is acknowledged as true and correct by the parties. a. The City Council advertised for artists to prepare a design and conceptual representations for a Veteran's Memorial to be built in the City's Duck Pond Park. b. Proposals were submitted as part of the artistic competition and the City Council chose the Artist's design for the Veteran's Memorial. C. The Artist's design includes substantial elements of art and sculpture in the Veteran's Memorial which constitute the bulk of the physical works to be installed on the Site. The artistic and sculptural aspects of the Veteran's Memorial are an integral part of the Memorial and cannot be constructed and installed without the personal work of the Artist and the closed coordination of the construction of the hardscape portions of the Work with artistic and creative design review of the Artist. d. Based on the findings set forth above, the City Council hereby finds and determines that the method of selecting the Artist for the Veteran's Memorial has enabled the City to obtain excellent bids from qualified Artists who can create the artistic elements of the Veteran's Memorial and closed supervise and manage the construction of these artistic elements in accordance with applicable Building Codes and City Standards for the protection of the public health, safety and general welfare. The City Council further finds and determines that based upon the findings set forth above, full compliance with the otherwise applicable requirements of the Public Contracts Code would be unavailing, would not produce an advantage for the City, and would thus be undesirable, impractical, and impossible. The City's authority to proceed with the structural renovation in this manner was established in Graydon v. Pasadena Redevelopment Agency et al. (1980) 104 Cal. App. 2"d 631 and the cases cited therein and subsequent to this decision. RAZIGLERG\XAGREEMN\Veterans Memorial AgrQement Pardell.DOC 2. SCOPE OF ARTISTIC WORK Artist shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Artistic Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Artistic Work. City shall be responsible for construction of the concrete, landscaping, irrigation and electrical work required for the Veterans Memorial, as described in Exhibit B ("Hardscape Work") with the Artist closely supervising and coordinating the Hardscape Work so as to implement the Veterans Memorial design and preserve the artistic and creative elements of the Veterans Memorial design. The Artistic Work shall be completed within the time set forth in this Agreement. Artist shall not commence the Artistic Work until such time as directed in writing by the City. Exhibits A and B are attached hereto and incorporated herein as though set forth in full. 3. COST OF ARTISTIC WORK. For the Artistic Work described in Section 2 of this Agreement Artist shall receive the sum of one hundred seventy-eight thousand three hundred seven dollars ($178,307.00) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit C. 4. PERFORMANCE. Artist shall at all times faithfully, competently and to the best of his ability, experience, and talent, perform all tasks described herein. Artist shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Artist hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL. All plans and specifications for the Artistic Work shall be approved by the Director of Community Services. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the Director of Community Services. The quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. CHANGE ORDERS. The City Manager may approve change orders and additional payment not to exceed ten percent (10%) of the contract amount without further approval of the City Council. Change orders exceeding these limits shall be approved by the City Council. 7. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Artist shall submit to City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Artist of the final payment shall constitute a waiver of all claims against City under or arising out of this Contract except those previously made in writing and request for payment. Artist shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. RAZIGLERG\XAGREEMN\Veterans Memorial AgrQament Pardell.DOC 8. PREVAILING WAGES. To the extent Artist engages in any work subject to prevailing wage requirements pursuant to the provisions of Section 1773, et seq., of the Labor Code of the State of California, Artist shall pay the applicable prevailing wages in accordance with law. Pursuant to Section 1773 of the Labor Code, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Artist from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Artist shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Artist shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Artist shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Artist at least ten (10) days prior written notice. Upon receipt of said notice, the Artist shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Artist the actual value of the work performed up to the time of termination. Upon termination of the Agreement pursuant to this Section, the Artist will submit a final invoice to the City detailing the work performed to the date of the termination. 10. DEFAULT OF ARTIST. a. The Artist's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Artist is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Artist for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Artist. If such failure by the Artist to make progress in the performance of work hereunder arises out of causes beyond the Artist's control, and without fault or negligence of the Artist, it shall not be considered a default. b. If the City Manager or his delegate determines that the Artist is in default in the performance of any of the terms or conditions of this Agreement, it shall R:\ZIGLERG\XAGREEMN\Veterans Memorial Agr*ment Pardell.DOC serve the Artist with written notice of the default. The Artist shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Artist fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 11. INDEMNIFICATION. The Artist agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Artist's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting liability arising out of the wrongful conduct or negligence of the City. 12. LIABILITY INSURANCE. Artist shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Artist, its contractor, subcontractors, agents, representatives, or employees. Within ten (10) days of the signing of this Agreement by Artist and the City, Artist shall provide the City with evidence of the required insurance as provided in this Paragraph. as: a. Minimum Scone of Insurance. Coverage shall be at least as broad (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Worker's compensation insurance shall be required only if Artist employs persons as defined by the Workers Compensation Law. To the extent Artists employs no persons, he shall certify such fact to the Director of Community Services and shall not be required to obtain Workers Compensation and Employer's Liability Insurance. (4) Design engineers or architects preparing plans and specifications for the project shall have profession liability insurance with policy limits of $1 million per claim and in the aggregate. RAZIGLERGAAGREEMNWeterans Memorial Agr4ement Pardell.DOC than: b. Minimum Limits of Insurance. Artist shall maintain limits no less (1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: Five hundred thousand dollars ($500,000) per accident for bodily injury and property damage. (3) Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, officials, employees and volunteers; or the Artist shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Artist; products and completed operations of the Artist; premises owned, occupied or used by the Artist; or automobiles owned, leased, hired or borrowed by the Artist. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Artist's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Artist's insurance and shall not contribute with it. R:\ZIGLERGUCAGREEMN\Veterans Memorial Agr66ament Pardell.DOC (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Artist's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Artist shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Artist's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Artist, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 13. COMPLETION DATE: LIOUIDATED DAMAGES. Time is of the essence in this Contract. Contractor agrees to complete the Artistic Work by November 10, 2004, unless extended by the Director of Community Services. In the event the Artistic Work is not completed by said date, Artist shall pay to the City the sum of five hundred dollars per day as liquidated damages. Artist acknowledges and agrees that the City's actual damages for its failure to complete the Artistic Work by said date will be difficult if not impossible to calculate and that Artist agrees that the amount of the liquidated damages is a fair and reasonable amount given the nature of the Artistic Work being performed and the needs of the City. Artist shall not be responsible for delays R: ZIGLERG\XAGREEMN\Veterans Memorial Ag Bement Pardell.DOC beyond his reasonable control or delays cause by the failure of the City or its contractors to meet deadlines for construction and installation of the Hardscape Work. 14. INDEPENDENT CONTRACTOR. Artist is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Artist shall at all times be under Artist's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Artist or any of Artist's officers, employees or agents, except as set forth in this Agreement. Artist shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Artist shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. a. No employee benefits shall be available to Artist in connection with the performance of this Agreement. Except for the fees paid to Artist as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Artist for performing services hereunder for City. City shall not be liable for compensation or indemnification to Artist for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES. The Artist shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Artist shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Artist to comply with this section. 16. ARTIST'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Artist to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. ARTIST'S AFFIDAVIT. After the completion of the Artistic Work contemplated by this Contract, Artist shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Artistic Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. R:\ZIGLERGV{AGREEMN\Veterans Memorial Agr�bment Pardell.DOC 18. BOOKS AND RECORDS. Artist's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION. City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. Artist shall make himself aware of the locations of all utilities and take care not to interrupt utility service or damage utility facilities during his work on the site. 20. REGIONAL NOTIFICATION CENTERS. City agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. INSPECTION. The Artistic Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Artist and any of its suppliers. Artist shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Artistic Work. The Artistic Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Artistic Work. 22. DISCRIMINATION. Artist represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 23. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive Temecula, California 92589 Attention: City Manager To Artist: Christopher Pardell 1048 Via Zancas Fallbrook, Ca. 92028 R:\ZIGLERGVCAGREEMN\Veterans Memorial Agr*ment Pardell.DOC 24. ASSIGNMENT. The Artist shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 25. LICENSES. At all times during the term of this Agreement, Artist shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 26. GOVERNING LAW. The City and Artist understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal City court with jurisdiction over the City of Temecula. 27. WAIVER OF CERTAIN ARTISTIC RIGHTS. As part of the payment for the design and construction of the Artistic Work, Artist hereby conveys to the City the design, concept, and images of the Artistic Work, and further conveys any and all other rights and interest Artist may have in the Artistic Work. Artist acknowledges and agrees that Artist has no further rights in the design, concept and images of the Artistic Work except as may be granted in writing by the City by a separate written document. Artist hereby consents to and authorizes the City to use the Artistic Work for any purposes, and further consents to and agrees that City shall have the right to destroy the Artistic Work, without.firther notice to or consent of the Artist. Artist also hereby consents to and authorizes the destruction of any of the Artistic Work which, in the sole opinion of the City Manager, has become damaged by any cause, without further notice to or consent of the Artist. Artist hereby waives his rights under Civil Code Sections 438.2 et seq. 26. PROHIBITED INTERESTS. No officer or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Artist, or Artist=s sub -Artists for this project, during his or her tenure or for one year thereafter. The Artist hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Artist or Artist=s subcontractors on this project. Artist further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. RAZIGLERGVCAGREEMN\Veterans Memorial Agroment Pardell.DOC IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Attest: Michael Naggar Mayor Susan Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney ARTIST Christopher Pardell R:\ZIGLERG\XAGREEMN\Veterans Memorial Ag*@ment Pardell.DOC EXHIBIT A. SCOPE OF ARTISTIC WORK Veteran's Memorial for the City of Temecula The Artist's fee will cover the creative, supervisory and organizational services provided by Christopher Pardell, the Artist, and Kathy McNeeley, the Project Coordinator. Those items not showing a dollar amount are covered by the artist's fee, except for where specified as being the responsibility of the City The site of the Veterans Memorial is the North-East side of the Temecula Duck Pond. This site was chosen by the selection committee for its high visibility, central location, and the popularity the park enjoys among the citizens of Temecula. The Veterans Memorial Project will be broken down into three phases: Phase 1(April 24th through July 3rd, 2004) - Finalization of Design Once the City of Temecula and the Artist have signed this Agreement for, work will begin and the City will pay the Artist half of the design fee, $65,000. The Artist will obtain an insurance policy to cover the scope of work $7,500 within ten (10) of the signing of this Agreement by both parties. The insurance policy will cover the construction and installation of the Artistic Work. After completion, the artwork will be covered by the City's blanket insurance policies. By May 31, 2004, all design aspects of the project will be finalized and completed; including the overall design, the creation of the sculptural maquette, the specification of all materials for the project and the letters to be used in the installation. The final art and masters for the five branches of service plaques will be completed and sent to the foundry for casting. Plans will be finalized, sub -contractors selected and signed, and the plans engineered by a licensed and independent civil engineer: $4,700. Kathy McNeeley will investigate whether the most recent soils report for the site can be used by the engineer. If not, a soils report will be commissioned: $1,368. Planning & Safety approval for the construction plans will be obtained. By May 15, 2004 the day maquette will be submitted to the City for approval. Upon approval, the artist will have a mold made on the day maquette: $900. By June 10, 2004, a plaster casting from the maquette mold will be provided to Cyber FX- the selected subcontractor for the digital enlargement process. Over the R:\ZIGLERG\XAGREEMN\Veterans Memorial Agirgment Pardell.DOC following 3 weeks Cyber FX will scan the maquette and cut the full size armature in foam for both the figure and the sandbag section of the wall, as well as outputting the small scale master for the consumer scale figurine version of the sculpture: $13,738 By , 2004, the full sized foam model of the sandbag portion of the seating wall will be provided to the concrete contractor for the purpose of creating a concrete pouring form. By 2004, the mold made from the maquette will be shipped to the selected foundry to begin the bronze casting process for the maquette-sized version. The Artist will provide the original day maquette or a casting of the maquette to be presented at the ground -breaking ceremony on or before Independence Day, July 4, 2004. The Artist will finish and make a mold on the small-scale master for the consumer version of the sculpture and provide manufacturing source information to the City for the production of this item. The City will be responsible for the ordering, production and sales of the consumer size version of the sculpture. The graphic art for the letters to be used will also be finalized by 2004 and sent to the chosen subcontractor for production of the ceramic tile "Letters". Pavers for the installation will be purchased by the selected hardscape contractor and provided to the City. The City will be responsible for promoting the engraved pavers, sales of pavers and the engraving of donor's names. City shall make every effort to complete the pavers in time for installation. The plans denote that the pavers will be installed in such a way that the City can remove, engrave, and re -install pavers as needed in the future. Phase one will end with all design, permit and approval issues finalized and the sculpting of the full size figure underway. Phase II (July 4th, through October 8th, 2004) - Hardscape and Casting Phase This phase will begin with ground breaking for the "setting" of the memorial (retaining wall, seating area, access walkway and stepped walkway) on the specified site by the chosen subcontractors. City shall commence the Hardscape Work on or before July 4, 2004. Concurrent with the commencement of the Hardscape Work, the artist will be sculpting the full size figure in day. The foam armature provided by Cyber FX will be covered with a thin layer of day for creating the surface detail. Artist will enlist the assistance of apprentices for this portion of the process and anticipates that the Artist will have a finished sculpture by July 18, 2004. Once completed, a mold will be made on the full size sculpture, which will take another week Two assistant moldmakers will be hired to assist in making the molds: $5,000. RAZIGLERGAAGREEMMVeterans Memorial AMment Pardell.DOC The mold will then be shipped to the selected bronze foundry for casting. The casting process will take approximately three months. The foundry will be paid a deposit of $2,000. The project coordinator will coordinate the production and delivery of the "letter" tiles to the construction site: $3,000 The Artist will make the first of two trips to the bronze foundry during the casting process to chase (touch up) the waxes that will be taken from the mold of the life-sized figure: $1,250. Toward the end of Phase I the five bronze plaques representing the five branches of military service will be finished and delivered to the site for installation: $1,300. By this time the City will have finished, and delivered to the site for installation, all the engraved pavers that were sold up to this time. City Services will be able to continue the engraving and setting of pavers after dedication of the memorial, if needed. Phase two will be completed when all hardscape has been finished - including the buried or embedded portions of the electrical and watering systems, and the final grade applied to the site. Phase III (October 9th through November loth„ 2004) Landscape and Sculptural Installation The artist will make a second trip to the Colorado foundry to approve welding on the sculpture and supervise patination: $1,250. The foundry will ship the finished bronze to the artist and be paid the remainder of their fee: $6,000. Once all landscaping work is complete, a bobcat will be rented to carry the finished bronze figure to the site for installation in the days prior to the dedication: $300. The City will be responsible for any dedication ceremony to be held. R:\ZIGLERG\XAGREEMN\Veterans Memorial Ag*Ament Pardell.DOC EXHIBIT B CITY RESPONSIBILITY FOR HARDSCAPE CONSTRUCTION CITY RESPONSIBLITLY FOR CONSTRUCTION OF HARDSCAPE WORK The City of Temecula shall be responsible for the installation of the hardscape components of the Veterans Memorial which are not part of the Artistic Work described in Exhibit A, which hardscape work consist of landscaping, irrigation, concrete, and electrical work as will be specified in the final plans for the Veterans Memorial ("Hardscape Work"). At this initial stage of the design of the Veterans Memorial, the Hardscape Work will include, but not be limited to: 1. Demolition of the existing pond -side park bench; 2. grading and excavation of the Site before setting formwork for the foundation; 3. Both the irrigation and electrical system will be tapped into at the existing lines on site. The irrigation split off from the lines exposed in excavation for the foundation- the electrical system will be wired to the existing circuit at the "rook" bollard light already installed along the pond -side walkway. 4. If the City requires separate circuits or water lines for either the electrical or irrigation system for the memorial, then the City will be responsible for bringing those services to the excavated area of the memorial site. Installation of the buried portions of the watering system, and to specify any required soil amendments for backfilling planting beds and retaining walls as well as the placement of the specified boxed tree. 6. The existing park watering system will be modified to accommodate the installation and insure proper coverage of the areas surrounding the installation. R:\ZIGLERG\XAGREEMN\Veterans Memorial Agg4ment Pardell.DOC EXHIBIT C. SCHEDULE OF PAYMENT City shall pay to Artist fifty percent (50%) of the contract amount upon the execution of the Agreement by both the Artist and the City. Artist shall be responsible for the payment of all materials, supplies and third party costs for the design and installation of the Artistic Work as described in Exhibit A. 2. The remainder of the contract amount shall be paid to Artist forty days following the recordation of the certificate of completion, provided that the amounts of any stop notices and the City's costs of resolving the stop notices shall be deducted from the payment until such time as the stop notice(s) are resolved. R:\ZlGLERG\XAGREEMN\Veterans Memorial Agqa6ment Pardell.DOC 5^ w1t, Nila 37; "Nili,I1 - fti 1 Wr A 4�Z Nil Ohl Mitt- N I "k 11 41 A41", L" o k NO, 'W.:N REQUESTS TO SPEAK Date REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. I wish to speak on Agenda Item No. For Against Subject: 1a,) b� �2nCf Name: �5� \1��� nIxslt_x Address: Phone: City/State/Zip If you are representing an organization or group, please gives the name: The Mayor or presiding officer will call your name when the matter comes up. Please go the public podium and state your name and address for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You.. 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DOCUMENTS SUBMITTED FOR THE RECORD a' Bouris Living Trust Andrew & Gwen Pool Scott & Lynette Montgomery - Sun City, CA 92586 March 2, 2004 Regina Danner Los Angeles, CA 90071-3101 FAX # RE: Assessor's Parcel Dear Ms. Danner, /3 -O V cc /ry WV" 'P- Our previous offer of $101,528.00 was a middle of the road asking price. We did not ask for a high price with the intention of bargaining. Your reply on February 12, 2004, rejects the negative impact of closer traffic. Because Matt used the term "severance," we wonder whether you consulted further with the appraisers or pulled this word out of their original proposal. Our main complaint is with the quality of the appraisers. The appraisal that Temecula paid for is 12 pages —six pages discuss valuing the portion. The appraisal we paid for in December, 2000, is approximately 200 pages. Your appraisal has many properties that were in my appraisal. The appraisers make the statement that there are NO "market conditions (time) adjustments." The Council determined that to be false. We believe the statement "we have concluded that there are no severance damages as a result of the part acquired or the construction in the manner proposed," will also be determined false if the Council sees the facts. The building location was not plotted on a parcel map and no consideration was given the fact that all other parcels in the area are buffeted by parking lots. Other buildings will have traffic 15-20% closer. We will have traffic, large semi trucks and trash trucks braking at a signal light, 40% closer to our large windows facing the street. We want to restate the fact that $101,528.00 was a fair offer. If the Council wants to go only on price and totally avoid the issue of impending traffic, we will try to show the value by price. We purchased the building in December, 2000. We used a value of $20 per square foot which our appraisers computed at that time. In 2000, we were collecting a 10% cap rate. We have recently purchased buildings in Temecula and Murrieta at a 7% cap rate. The 10% cap returned $15,000.00 triple net on a $1,500,000.00 purchase in 2000. The building today would sell for $2,571j428.57 if we would sell at a 7% cap. This is a 71% increase in price. Allowing some value to the building itself, the land has at least appreciated 60%. This $12.00 per square foot increase would bring the total price to $97,291.00 with no regard for vibration and noise from the heavy noisy rattling garbage trucks. I would like to present my case to the City Council. They will see that the appraisal was very short sighted. Sincerely, Mike nouns & Lora blese Nouns, Trustees Andrew & Gwen Pool DOCUMENTS SUBMITTED FOR THE RECORD 1-13-off 0 1 WESTMAR COMMERCIAL REAL ESTATE April 13, 2004 Honorable City Council Members City of Temecula 43200 Business Park Drive Temecula, CA 92590 Re: Winchester Road Widening/Jefferson Median Project Number PW 00-27 1 represent the project commonly known as Winchester Plaza, which is located at the Northwest Corner of Winchester Road and Jefferson Avenue, consisting of one 17,299 s.f. retail center (Starbucks, Mail Mart, Subway, etc) and one 46,787 s.f. office building. I have attended all workshops and traffic commission meetings, and have also met independently with surrounding property owners and consultants. We respectfully request the CounciI's .consideration in providing a 30 to 60 day extension of the issues surrounding the Winchester Road Widening/Jefferson Median in order to allow the owners of the projects located at that intersection time to complete an independent traffic analysis, which is currently being conducted. Public Works should be commended on their efforts to hold public workshops and work with the private sector on this issue However, though an Initial Environmental Report was obtained, it covered topics of "Population and Housing" "Biological" "Mineral", etc. In addition, the Report's scope of work was for a widening of Winchester, but not a widening of Jefferson, where, in fact, Public Works is planning on widening Jefferson to accommodate the median. We further noted the following: 1. The driveways that have the most turn movements are the driveways that Public Works wants to severely decrease access. 2. The Study only analyzes the widening of Winchester, not the widening of Jefferson. 3. The Study does not analyze traffic flow, or impact on businesses should the median be installed After the second workshop, some property owners decided to engage a firm to conduct an independent traffic analysis which would contain data that is a material part of this important topic. 1 recently attended the 2004 State of the City, and the ground breaking of the Old Town Temecula Community Theater. During these two events I heard the leaders of our fine city refer to some of the following important qualities of the City: To quote Mike Naggar: "Take what we have and make it work - take a square peg and make it fit into a round hold". The property owners need to rely on the City to make this work as these businesses have to survive and continue to thrive. They survived the competition that sprouted on the east side of the freeway and need our help in surviving the traffic safety modifications. Please remember that the future modifications of overpasses, including the French Valley Parkway will eventually reduce the traffic flow through this intersection. • To quote Chuck Washington: "Temecula is unique in its ability to get things done". The property owners need to rely on the City to think creatively in the logical steps of modifying the BROKERAGE O DEVELOPMENT CONSULTING O PROPERTY MANAGEMENT 41623 MARGARITA ROAD, SUITE 100, TEMECULA, CA 92591 0 PHONE 909-491-6300 • FAX 909-491-6330 tragic flow without removing access to the businesses. During the workshops we made suggestions to public works for their consideration. • To quote Harry Clark: "You never regret doing something right". The property owners need to rely on the City to do the right thing in protecting these businesses by allowing the property owners sufficient time to conduct the traffic analysis and research to support feasible options. • To quote Pat Birdsall: "I believe in the residents of Temecula (...to pass Measure C... ). These residents that the City relied on are the residents, businessmen/women, and customers who will now be negatively impacted by the lack of access. To hear what our customers were saying, we sought their feedback on a questionnaire (see sample attached -we had nearly 100 responses): Would you continue to come to my business: 1. If to enter the center, while heading north on Jefferson (toward Murrieta) you were required to make a U-Turn at Richie's Diner in order to turn around and come back. 72% responded "NO". 2. If to exit the center desiring to head north on Jefferson (toward Murrieta), you were required to make a U-Turn at Winchester Road in order to turn around and head north. 52% responded "YES". Our suggestions to Public Works were as follows: Make a full length median a "last resort". Initially, please conduct the following: a. Install a light either at Sanborn or at the Richie's Diner driveway b. Slow the traffic down (current speeds are 45-50 mph) c. Install the median only partially in order to accommodate the two-lane left turn onto the freeway overpass We support the efforts to create a safer traffic situation; however, we believe with further creative approaches we can protect the traveler and the businesses. Reess��pectfully, Carl iene M. Anderson Managing Agent and Co -Owner QUESTIONNAIRE Jefferson Median Dear Valued Customer: The City of Temecula is current conducting engineering studies in order to install a median along Jefferson Avenue, which would eliminate a left had turn from Jefferson into our Center, though U-Turns at Richie's Diner would be available for your use. Would you continue to come to my business: 1. If to enter the center, while heading north on Jefferson (toward Murrieta) you were required to make a U-Turn at Richle's Diner, in order to turn around and come back Y / No 2. If to exit the center desiring to head north on Jefferson (toward Murrieta), you were required to make a U-TurnatQWinchester Road in order to turn around and head north. ignature