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HomeMy WebLinkAbout042004 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 20, 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. 6:15 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant to Government Code Sections: Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real properties located on the west side of Diaz Road (APN 921-040-028 - Morter Family Trust Property (Western Eagle Foundation) and APN 921-020-039 - Massie Family Trust Property (Global Outdoors). The negotiating parties are the City of Temecula and Morter Family Trust Property and Massie Family Trust Property. Under negotiation are the price and terms of payment of the real property interests. The City negotiators are Shawn Nelson, Jim O'Grady, and Bill Hughes. is Information concerning existing litigation between the City and various parties be acquired by reviewing the public documents held by the City Clerk. CALL TO ORDER: Prelude Music: Invocation: Flag Ceremony: ROLL CALL: R:Wgenda\042004 Next in Order: Ordinance: No. 2004-04 Resolution: No. 2004-45 Mayor Mike Naggar Eve Craig Pastor Lance Kerwin of Calvary Chapel Temecula Councilman Stone Comerchero, Roberts, Stone, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Temecula Valley High School Wrestling Champions Child Abuse Prevention Month Proclamation Boys and Girls Club Week Proclamation Interstate 15 Interregional Partnership Project (IRRP) Presentation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter 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 March 23, 2004. R:\Agenda\042004 3 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 Tract Map No. 29798-4 (located south of Loma Linda Road, east of Pechanga Parkway, north of Wolf Valley Road, in the Wolf Creek Specific Plan No. 12 EIR RECOMMENDATION: 4.1 Approve Tract Map No. 29798-4 in conformance with the conditions of approval; 4.2 Approve the Subdivision Improvement Agreement; 4.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Materials Bond, and Monument Bond as security for the agreements. 5 Tract Map No. 29798-6 (located south of Loma Linda Road, east of Pechanga Parkway, north of Wolf Valley Road, in the wolf Creek Specific Plan No. 12 EIR RECOMMENDATION: 5.1 Approve Tract Map No. 29798-6 in conformance with the conditions of approval; 5.2 Approve the Subdivision Improvement Agreement; 5.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Materials Bond, and Monument Bond as security for the agreements. 6 Tract Map No. 29798-7 (located south of Loma Linda Road, east of Pechanga Parkway, north of Wolf Valley Road, in the Wolf Creek Specific Plan No. 12 EIR RECOMMENDATION: 6.1 Approve Tract Map No. 29798-7 in conformance with the conditions of approval; 6.2 Approve the Subdivision Improvement Agreement; 6.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Materials Bond, and Monument Bond as security for the agreements. R:Wgenda\042004 7 0 RECOMMENDATION: 7.1 Deny a request to close Old Town Front Street and authorize staff to work with the applicant to identify an alternative location for the Easter Seals Walk-a-Thon event. Award of Construction Contract for the Diaz Road Realignment (Phase 1) — Traffic Signals Diaz Road at Rancho Way and Rancho California Road at Business Park Drive - Proiect No. PW95-27 RECOMMENDATION: 8.1 Award a construction contract for the Diaz Road Realignment (Phase 1) — Traffic Signals Diaz Road at Rancho Way and Rancho California Road at Business Park Drive - Project No. PW95-27 to Vance Corporation in the amount of $573,628.00 and authorize the Mayor to execute the contract; 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $57,362.80 which is equal to 10% of the contract amount; 8.3 Approve a transfer in the amount of $99,000.00 from the Diaz Road at Rancho Way Signal project and $586,000.00 from the French Valley Parkway Southbound Off - ramp Project to the Diaz Road Realignment Project (Phase 1) — Traffic Signals at Diaz Road at Rancho Way and Rancho California Road at Business Park Drive Project for a total transfer amount of $685,000.00 to cover construction and administrative costs. f:T�iZi uI�I�1�►1�1�[iP�A 9.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Traffic Signal Installation — Meadows Parkway at La Serena — Project No. PW03-07 — Meadows Parkway at Rancho Vista — Project No. PW03-08. 10 Community Grant Agreement with the Temecula Sister City Association RECOMMENDATION: 10.1 Approve a grant in the amount of $7,500.00 for the Temecula Sister City Association for fiscal year 2003-2004. RAAgenda\042004 11 Contract for Soace Planning, Workstation Furniture, and Wiring RECOMMENDATION: 11.1 Approve the contract with Boise Office Solutions to provide space planning and workstation furniture for City Hall as well as the West Wing Maintenance Facility in the amount of $58,883; 11.2 Authorize the City Manager to approve additional payment not to exceed a 15% contingency in the amount of $8,832; 11.3 Appropriate $72,266 from General Fund undesignated reserves to fund this contract and the MIS rewiring necessary (estimated $5,300). 12 Wolf Valley Creek Channel — Infrastructure Funding and Acquisition Agreement RECOMMENDATION: 12.1 Approve the Wolf Valley Creek Channel — Infrastructure Funding and Acquisition Agreement (the Acquisition Agreement) in substantially the form attached to this report and authorize the Mayor to execute the agreement; 12.2 Direct the City Clerk to record the document. 13 Second Reading of Ordinance No. 04-03 RECOMMENDATION: 13.1 Adopt an ordinance entitled: ORDINANCE NO. 04-03 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) RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY RAAgenda\042004 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 2004-01 Resolution: No. CSD 2004-05 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 2 Minutes RECOMMENDATION: 1.1 Approve the minutes of April 13, 2004. RECOMMENDATION: 2.1 Accept the construction of the Children's Museum Building Shell Improvements — Project No. PW02-01 CSD as complete; 2.2 File the Notice of Completion, release the Performance Bond and accept a one- year Maintenance Bond in the amount of 10% of the contract; 2.3 Release the Labor and Materials Bond seven months after the filing of the Notice of Completion if no liens have been filed. RAAgenda\042004 3 Amendment to No. 1 to the Fourth of July Fireworks Presentation Contract RECOMMENDATION: 3.1 Award Amendment No. 1 to contract with Pyro Spectaculars, Inc., extending the term of the current agreement to add two calendar years; 3.2 Approve an amount of $30,000 for preparation and display; 3.3 Approve a 10% contingency for an amount not to exceed $3,000. 4 Temecula High School Gymnasium Joint Use Agreement RECOMMENDATION: 4.1 Approve in substantial form the Joint Use Agreement between the City of Temecula and the Temecula Valley Unified School District for a Gymnasium at Temecula Valley High School. DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, May 11, 2004, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. RAAgenda\042004 7 TEMECULA REDEVELOPMENT AGENCY MEETING wwwwxwwwxx}x}x+x}w+++Y++}+++++++++**+w*w*wwwwwwwxwxxxxwwwww+4}+++++********wxwwwwww}x}+}++++++*w}wwwxwxxxx*++++4+ 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 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 April 13, 2004. DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS'REPORTS ADJOURNMENT Next regular meeting: Tuesday, May 11, 2004, 7:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\042004 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. 14 City of Temecula Grading, Erosion, and Sediment Control Ordinance RECOMMENDATION: 14.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 04- AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, ADDING TITLE 18 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO GRADING, EROSION, AND SEDIMENT CONTROL, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO PREPARE A GRADING MANUAL SETTING FORTH THE ADMINISTRATIVE PROCEDURES AND TECHNICAL REQUIREMENTS NECESSARY TO IMPLEMENT THIS ORDINANCE COUNCIL BUSINESS 15 Update on Senate Bill 87 (Hollingsworth) RECOMMENDATION: 15.1 Receive and file the status update on SB 87 (Hollingsworth). 16 Resolution of Intention and Ordinance amending PERS Contract RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND THE CITY COUNCIL OF THE CITY OF TEMECULA 16.2 Introduce and read by title only an ordinance entitled: R:\Agenda\042004 ORDINANCE NO. 04- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CONTRACT BETWEEN THE BOARD OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEMS (PERS) AND THE CITY COUNCIL OF THE CITY OF TEMECULA DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next Regular City Council meeting, Tuesday, May 11, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:Wgenda\042004 10 PROCLAMATIONS AND PRESENTATIONS The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Arnold Alpert, Coach of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating Coach Alpert on his accomplishments and efforts in assisting to lead the Temecula Valley High School Wrestling Team to 10 consecutive League Championships and 14 CIF Championships, Individuals, and Team Duals combined. Over the years, Coach Alpert, along with Coach Lyndon Campbell, has taken many wrestlers to the State Championships as participants and placers. Coach Alpert and Coach Campbell spend incredible amount of time with their wrestlers to positively affect their lives on, as well as off, the mat. They exhibit a great commitment to their athletes and teach them professionalism, honesty, integrity, discipline, and self-respect. We would like to thank Coach Alpert for his dedication to these young athletes and appreciate his contributions to their lives and to the City of Temecula Named Coach of the Year by The Californian IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 20'" day of April, 2004. Michael S. Naggar, Mayor Susan W. Jones, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Lyndon Campbell, Coach of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating Coach Campbell on his accomplishments and efforts in assisting to lead the Temecula Valley High School Wrestling Team to 10 consecutive League Championships and 14 CIF Championships, Individuals, and Team Duals combined. Over the years, Coach Campbell, along with Coach Arnold Alpert, has taken many wrestlers to the State Championships as participants and placers. Coach Campbell and Coach Alpert spend incredible amount of time with their wrestlers to positively affect their lives on, as well as off, the mat. They exhibit a great commitment to their athletes and teach them professionalism, honesty, integrity, discipline, and self-respect. We would like to thank Coach Campbell for his dedication to these young athletes and appreciate his contributions to their lives and to the City of Temecula. Named Coach of the Year by The Californian IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 200 day of April, 2004. Michael S. Naggar, Mayor Susan W. Jones, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Calvin Devault of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating Calvin on his accomplishments and efforts with the Temecula Valley High School Wrestling Team. They have won 10 consecutive League Championships and have been led to 14 CIF Championships, Individuals and Team Duals combined and the team has consistently been nationally ranked. This year the team was awarded the wrestling team with the highest grade point average. We are proud of Calvin's accomplishments and we wish him success in his future. "Wrestler of the Year.' IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 20" day ofApril, 2004. Michael S. Nagger, Mayor W. Jones, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of David Navarrete of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating David on his accomplishments and efforts with the Temecula Valley High School Wrestling Team. They have won 10 consecutive League Championships and have been led to 14 CIF Championships, Individuals and Team Duals combined and the team has consistently been nationally ranked. This year the team was awarded the wrestling team with the highest grade point average. We are proud of David's accomplishments and we wish him success in his future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 20'" day ofApril, 2004. Michael S. Naggar, Mayor Susan W. Jones, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Steven Saric of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating Steven on his accomplishments and efforts with the Temecula Valley High School Wrestling Team. They have won 10 consecutive League Championships and have been led to 14 CIF Championships, Individuals and Team Duals combined and the team has consistently been nationally ranked. This year the team was awarded the wrestling team with the highest grade point average. We are proud of Steven's accomplishments and we wish him success in his future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 2e day ofApnl, 2004. Michael S. Naggar, Mayor Susan W. Jones, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Grant Weeks of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating Grant on his accomplishments and efforts with the Temecula Valley High School Wrestling Team. They have won 10 consecutive League Championships and have been led to 14 CIF Championships, Individuals and Team Duals combined and the team has consistently been nationally ranked. This year the team was awarded the wrestling team with the highest grade point average. We are proud of Grant's accomplishments and we wish him success in his future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 201h day ofApril, 2004. Michael S. Naggar, Mayor Susan W. Jones, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Ethan Hall of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating Ethan on his accomplishments and efforts with the Temecula Valley High School Wrestling Team. They have won 10 consecutive League Championships and have been led to 14 CIF Championships, Individuals and Team Duals combined and the team has consistently been nationally ranked. This year the team was awarded the wrestling team with the highest grade point average. We are proud of Ethan's accomplishments and we wish him success in his future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 2e day ofApril, 2004. Michael S. Naggar, Mayor Susan W. Jones, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Art Decaro of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating Art on his accomplishments and efforts with the Temecula Valley High School Wrestling Team. They have won 10 consecutive League Championships and have been led to 14 CIF Championships, Individuals and Team Duals combined and the team has consistently been nationally ranked. This year the team was awarded the wrestling team with the highest grade point average. We are proud of Art's accomplishments. and we wish him success in his future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 2& day ofApril, 2004. Michael S. Nanar, Mayor Susan W. Jones, City Clerk The City of Temecula CeM icate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Kipp Bowman of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating Kipp on his accomplishments and efforts with the Temecula Valley High School Wrestling Team. They have won 10 consecutive League Championships and have been led to 14 CIF Championships, Individuals and Team Duals combined and the team has consistently been nationally ranked. This year the team was awarded the wrestling team with the highest grade point average. We are proud of Kipp's accomplishments and we wish him success in his future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 2& day of April, 2004. Michael S. Naggar, Mayor Susan W. Jones, City Clerk The City of Temecula Certi icate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Gil Flores of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating Gil on his accomplishments and efforts with the Temecula Valley High School Wrestling Team. They have won 10 consecutive League Championships and have been led to 14 CIF Championships, Individuals and Team Duals combined and the team has consistently been nationally ranked. This year the team was awarded the wrestling team with the highest grade point average. We are proud of Gil's accomplishments and we wish him success in his future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 20'h day ofApril, 2004. Michael S. Naggar, Mayor Susan W. ]ones, City Clerk The City of Temecula Certi icate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Cory Beeson of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating Cory on his accomplishments and efforts with the Temecula Valley High School Wrestling Team. They have won 10 consecutive League Championships and have been led to 14 CIF Championships, Individuals and Team Duals combined and the team has consistently been nationally ranked. This year the team was awarded the wrestling team with the highest grade point average. We are proud of Cory's accomplishments and we wish him success in his future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 20 day of April, 2004. Michael S. Naggar, Mayor Susan W. Jones, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Ryan Smith of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating Ryan on his accomplishments and efforts with the Temecula Valley High School Wrestling Team. They have won 10 consecutive League Championships and have been led to 14 CIF Championships, Individuals and Team Duals combined and the team has consistently been nationally ranked. This year the team was awarded the wrestling team with the highest grade point average. We are proud of Ryan's accomplishments and we wish him success in his future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 20'" day of April, 2004. Michael S. Naggar, Mayor Susan W. Jones, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Joseph Kubes of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating Joseph on his accomplishments and efforts with the Temecula Valley High School Wrestling Team. They have won 10 consecutive League Championships and have been led to 14 CIF Championships, Individuals and Team Duals combined and the team has consistently been nationally ranked. This year the team was awarded the wrestling team with the highest grade point average. We are proud of Joseph's accomplishments and we wish him success in his future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 2& day of April, 2004. Michael S. Naggar, Mayor Susan W. Jones, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Chris Branuelas of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating Chris on his accomplishments and efforts with the Temecula Valley High School Wrestling Team. They have won 10 consecutive League Championships and have been led to 14 CIF Championships, Individuals and Team Duals combined and the team has consistently been nationally ranked. This year the team was awarded the wrestling team with the highest grade point average. We are proud of Chris's accomplishments and we wish him success in his future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 2& day of April, 2004. Michael S. Naggar, Mayor Susan V Jones, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Andrew Herrera of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating Andrew on his accomplishments and efforts with the Temecula Valley High School Wrestling Team. They have won 10 consecutive League Championships and have been led to 14 CIF Championships, Individuals and Team Duals combined and the team has consistently been nationally ranked. This year the team was awarded the wrestling team with the highest grade point average. We are proud of Andrew's accomplishments and we wish him success in his future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 20ih day of April, 2004. Michael S. Naggar, Mayor Susan W. Jones, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Jordan Blanchard of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating Jordan on his accomplishments and efforts with the Temecula Valley High School Wrestling Team. They have won 10 consecutive League Championships and have been led to 14 CIF Championships, Individuals and Team Duals combined and the team has consistently been nationally ranked. This year the team was awarded the wrestling team with the highest grade point average. We are proud of Jordan's accomplishments and we wish him success in his future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 20'" day of April, 2004. Michael S. Naggar, Mayor Susan W. Jones, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Justin Flores of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating Justin on his accomplishments and efforts with the Temecula Valley High School Wrestling Team. They have won 10 consecutive League Championships and have been led to 14 CIF Championships, Individuals and Team Duals combined and the team has consistently been nationally ranked. This year the team was awarded the wrestling team with the highest grade point average. We are proud of Justin's accomplishments and we wish him success in his future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 200 day of April, 2004. Michael S. Naggar, Mayor Susan W. Jones, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Ryan Kane of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating Ryan on his accomplishments and efforts with the Temecula Valley High School Wrestling Team. They have won 10 consecutive League Championships and have been led to 14 CIF Championships, Individuals and Team Duals combined and the team has consistently been nationally ranked. This year the team was awarded the wrestling team with the highest grade point average. We are proud of Ryan's accomplishments and we wish him success in his future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 20th day of April, 2004. Michael S. Naggar, Mayor Susan W. Jones, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Ted Bristol of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating Ted on his accomplishments and efforts with the Temecula Valley High School Wrestling Team. They have won 10 consecutive League Championships and have been led to 14 CIF Championships, Individuals and Team Duals combined and the team has consistently been nationally ranked. This year the team was awarded the wrestling team with the highest grade point average. We are proud of Ted's accomplishments and we wish him success in his future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 2& day ofApril, 2004. Michael S. Naggar, Mayor Susan W. Jones, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Travis Janda of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating Travis on his accomplishments and efforts with the Temecula Valley High School Wrestling Team. They have won 10 consecutive League Championships and have been led to 14 CIF Championships, Individuals and Team Duals combined and the team has consistently been nationally ranked. This year the team was awarded the wrestling team with the highest grade point average. We are proud of Travis's accomplishments and we wish him success in his future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 2& day ofApril, 2004. Michael S. Naggar, Mayor Susan W. Jones, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of William Thou of the Temecula Valley High School Wresting Team And joins with the citizens ofthe City of Temecula in congratulating William on his accomplishments and efforts with the Temecula Valley High School Wrestling Team. They have won 10 consecutive League Championships and have been led to 14 CIF Championships, Individuals and Team Duals combined and the team has consistently been nationally ranked. This year the team was awarded the wrestling team with the highest grade point average. We are proud of William's accomplishments and we wish him success in his future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 20d day of April, 2004. Michael S. Naggar, Mayor Susan W. Jones, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Triston Titov of the Temecula Valley High School Wresting Team And joins with the citizens of the City of Temecula in congratulating Triston on his accomplishments and efforts with the Temecula Valley High School Wrestling Team. They have won 10 consecutive League Championships and have been led to 14 CIF Championships, Individuals and Team Duals combined and the team has consistently been nationally ranked. This year the team was awarded the wrestling team with the highest grade point average. We are proud of Triston's accomplishments and we wish him success in his future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 20th day of April, 2004. Michael S. Naggar, Mayor Susan W. Jones, City Clerk The City of Temecula PROCLAMATION WHEREAS, Child Abuse Prevention is a community responsibility, and finding solutions depends on involvement from all people and organizations of the community to nurture family growth and plant seeds for future generations; and WHEREAS, the problem of child abuse is found in families of all social and economic classes, and every racial and ethnic group; and WHEREAS, effective child abuse prevention programs succeed because of partnerships created among social services agencies, schools, religious organizations, law enforcement agencies, community based organizations, the business community, and the general public; and WHEREAS, children deserve a safe, stable, and drug free environment in order to become productive members of our society; and WHEREAS, through the continued work of volunteers, parents, community partners, policy makers, and professionals, we will eliminate child abuse, giving our children a sense of security and hope for a bright, successful future; and WHEREAS, all citizens should become more aware of child abuse and its prevention within the community, and become involved in supporting parents to raise their children in a safe, nurturing environment. NOW, THEREFORE, I, Michael S. Naggar, on behalf of the City Council of the City of Temecula, hereby proclaim the month of April, 2004, as "Child Abuse Prevention Month" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 201h day of April, 2004. Michael S. Naggar, Mayor Susan W. Jones, City Clerk N Fi b y 00 C O Y ci c^d' N - ti O O v d vi H 0 C • [r' N =¢, N ccdtl .� T t- bq 0 w W s 7 N W V V y O OR 3 o a E a m � coon z o k U CD c ti o ° d A o 8 = o �C r J 0 V «+iLd � 4-40 °' w o >o c wa o a 3 N � 0 .� �qq o o, y U on on b 5b ❑ >>o 1 E a - to 0 b y a a on r. E c CudU 3 cn MO c o U sue.. y • N >, p �, '9 ,°, b C5 cu = o = Y o a C7 b •c C7 E �°, o 7 T T T O P, >' d y >, b C1 'O 'b Q ,0 ti Qiy m Q N Q W O .N W o b O O b 0 0 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim O'Grady, Assistant City Manager DATE: April 20, 2004 SUBJECT: 1-15 Interregional Partnership Presentation RECOMMENDATION: Receive and File BACKGROUND: The Western Regional Council of Governments (WRCOG) and the San Diego Association of Governments (SANDAG) have partnered to better understand issues associated with jobs/housing imbalances between our two regions, and to determine how impacts may be reduced. Mayor Pro Tern Comerchero has been active in this effort, and currently serves as the co-chair of the Policy Committee. In addition, Councilmember Roberts has participated, representing the RCTC, and City staff and representatives of the EDC and SW California Economic Alliance have participated in Technical Working Groups. A representative of WRCOG will provide a brief summary of the findings and recommendations to date. Attached is a copy of the slides that will be used in this presentation. FISCAL IMPACT: N/A ZAOgraa7pWgenda Reports\IRPP Presentatiw to Counal - N-W-N.doc Interregional Partnership o Imbalance between jobs and housing o Increased interregional commuting • A state-wide concern • Goals: - Reduce demand for long distance commutes 115 Minimize impacts on freeway congestion - tc yb.4 Forum to collaborate on common issues > Policy Committee, Technical Working Group Focus on Interregional Commuting Funded by HCD grant 1-15 i Analyze current and forecast conditions Identify key issues Develop strategies to address issues :> Implementation and monitoring programs 1-15 in t.3 t 0a 0 04 o� 6 Carta.,a sanoieyu Rve saa sw w.ersma IIS Ru9iOn County Co. Ratio of Jobs to WMke, by County, 1990 -2002 Ibelo"Dee to state, 29,000 individuals commute from southwestern Riverside County 400% increase from 1990 o Most moved from the San Diego region o Need to provide alternatives for drive - alone 1.15 commuters o Moderate income housing required in the San Diego region Type of job growth in Riverside Co. should match resident needs o 90 percent live in single family detached homes 0 80 percent own home Little interest in more compact housing types 1-15 Very satisfied living in Riverside Co. 1-15 0--lode A "^ az c.nseae ����rrrr''''____n�tarzvs eccomm�a amta" l sekbDel M." le, 22% 1.15 s,;ra e Sao mob. Interregional taM=kata,r 30% s t Commute LernnnGtove Destinations 0e.o,a imoe,iaie t f god c> Program Strategies Transportation Strategies Housing Strategies Economic Development Strategies 1 15 :: Short range (Early action): - Car/vanpool programs. commuter services. and joint outreach efforts of these services Long range: - Support alternative transportation modes through expanded HOV Facilities - Support High Speed Rail in the 1-15 Corridor o Provide a range of housing State -local fiscal reform o Increase moderate cost housing Infill development near jobs f F rt% top - L 1-15 � �- �� �L. �' I -IS Short Range ED Strategy: - Greater collaboration between Economic Development Agencies Long Range ED Strategy: - Improve job growth in the cluster industries ! 1-15' 1-15 Interregional Partnership www.il5irp.org March 2004 -Approve Draft Final Report Present strategy recommendations to affected jurisdictions and agencies for support Outreach to community groups and all interested agencies, public and private June 2004-Approve Final strategy recommendations 115 ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MARCH 23, 2004 The City Council convened in Closed Session at 6:15 P.M. and in Open Session at 7:00 P.M., on Tuesday, March 23, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 5 Councilmembers: Comerchero, Roberts, Stone, Washington, and Naggar Absent: 0 Councilmember: None PRELUDE MUSIC The prelude music was provided by Shanti Ryle. The invocation was given by Minister Selecia Brown of Imani Church of God in Christ. ALLEGIANCE The flag ceremony was presented by Boy Scout Troop No. 412. PRESENTATION/PROCLAMATIONS Certificate of Achievement to David C. Hansen for attaining Eagle Scout rank Accepting the Certificate presented to him by Mayor Pro Tern Comerchero, Mr. David Hansen briefly apprised the City Council and viewing public of his Eagle Scout project. Sister City Sponsorship Presentation At this time, the City Council as well as a representative from the Sister City Association presented checks to those students traveling to Nakayama, Japan and Voorburg, Netherlands. Building Safety Week Proclamation Thanking the City Council for this recognition, Building and Safety Director Elmo commented on efforts to raise community awareness of building and safety to ensure safety and apprised the viewing public of steps taken in the Building and Safety Department to accomplish this task such as the Express Desk, State contractors licensed Board information, self-help programs on the web site, etc. League of California Cities Ballot Initiative — Local Taxpayers and Public Safety Measure Thanking Councilman Washington for distributing pertinent material to the City Council with regard to this matter and congratulating Supervisor Elect Stone as well Mayor Naggar on the approval of his housing project in the County of Riverside, Mr. David Willman, regional representative for the League of California Cities, discussed progress made on the ballot measure which has been sponsored by the League of California Cities; apprised the City R:\Minutes\031604 1 Council and viewing audience of the Local Taxpayers and Public Safety Measure which would be anticipated to be on the November ballot, noting that any taking of local revenue by the State will require a vote by the people and advised that another provision of the Measure will be with regard to mandated programs/services, requiring that the State reimburse local agencies within 180 days of the effective date. PUBLIC COMMENTS A. Congratulating Supervisor Elect Stone, Mr. Jim Mitchell, 31550 Sunningdale, encouraged the promotion of greater public involvement in the election progress and requested that the City Council consider the following: • Approve Candidate forums • Design and fund vote involvement campaigns • Pay for televised candidate forums CITY COUNCIL REPORTS A. Councilman Washington invited the public to two upcoming park dedications on Wednesday, March 24, 2004, at 3:30 P.M. for Pauba Ridge Park and the Serena Hills Park. B. Commenting on the educational experience associated with the Sister City Programs, Councilman Stone relayed his support of such beneficial programs. Having read the Inland Empire Magazine, Mr. Stone advised that the City of Temecula was denoted as the No. 1 City to live in the Inland Empire. Echoing Mr. Mitchell's comments as to the importance of candidate forums, Mr. Stone commented on the importance of televising such forums; noted that municipalities should allocate funds to televise forums to ensure citizens have the opportunity to view all candidates; and advised that his goal would be to televise future Board of Supervisors meetings. Mr. Stone requested that SB 744 (Dunn) be agendized for the April 13 or April 20, 2004 City Council meeting, commenting on this detrimental legislation which would transfer local land use authority to the State. C. Mayor Naggar invited the public to attend the upcoming State of the City Address on Thursday, March 25, 2004, at 8:00 A.M., at Pechanga, advising that this event will be sponsored by the Chamber of Commerce and that the City's theme will be Temecula leading the way. In response to Mr. Naggar, City Manager Nelson advised that staff will explore how the City may post similar information, with regard to Megan's, on its website as posted on the County's website. CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. R:\Minutes\031604 Resolution approving List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 04-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Council Meeting Schedule —April 2004 RECOMMENDATION: 3.1 Direct the City Clerk to reschedule the City Council meeting of April 27, 2004 to April 20, 2004 and to perform the appropriate postings and noticing requirements of the Government Code. 4 2004 Workers' Compensation Coverage Annual Renewal RECOMMENDATION: 4.1 Select State Compensation Insurance Fund as the City's Employee Workers' Compensation Insurance for Plan Year 2004 which began on February 1, 2004; 4.2 Approve an appropriation of $25,000 from the General Fund. Acceptance of Grant Deed — Pauba Ridge Park RECOMMENDATION: 5.1 Authorize acceptance of the Grant Deed for Pauba Ridge Park, located in the Crowne Hill Development and direct staff to proceed with the necessary actions to cause the deed to be recorded. Parcel Map No. 30180 (located south of Highway 79 South, east of Pechanga Parkway, north of Loma Linda Drive, and west of Victoria Lane) RECOMMENDATION: 6.1 Approve Parcel Map No. 30180 in conformance with the Conditions of Approval; 6.2 Approve the Subdivision Improvement Agreement; 6.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreements. R:\Minutes\031604 7 1.1 0 RECOMMENDATION: 7.1 Approve Parcel Map No. 30786 in conformance with the Conditions of Approval. RECOMMENDATION: 8.1 Approve Tract Map No. 29798-3 in conformance with the Conditions of Approval; 8.2 Approve the Subdivision Improvement Agreement; 8.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreements. RECOMMENDATION: 9.1 Approve Tract Map No. 29798-5 in conformance with the Conditions of Approval; 9.2 Approve the Subdivision Improvement Agreement; 9.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreements. 10 Award the Construction Contract for Pechanga Parkway — Phase IIA — Storm Drain Improvements (Wolf Valley Creek Channel — Stage 1) — Project No. PW99-11 SD — and authorization for Muirfield Drive Street Closure RECOMMENDATION: 10.1 Award a construction contract for Pechanga Parkway — Phase IIA — Storm Drain Improvements (Wolf Valley Creek Channel — Stage 1) — Project No. PW99-11SD — to Yeager Skanska in the amount of $4,187,607.00 and authorize the Mayor to execute the contract; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $418,760.70, which is equal to 10% of the contract amount. 10.3 Adopt a resolution entitled: R:\Minutes\031604 4 RESOLUTION NO. 04-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO BEGIN A STREET CLOSURE OF MUIRFIELD DRIVE BETWEEN PECHANGA PARKWAY AND TROTSDALE DRIVE FOR THE CONSTRUCTION OF PECHANGA PARKWAY — PHASE IIA — STORM DRAIN IMPROVEMENTS (WOLF VALLEY CREEK CHANNEL — STAGE 1) FOR 30 CONSECUTIVE WORKING DAYS BETWEEN APRIL 2004 AND DECEMBER 2004 11 Award the Construction Contract for Project No. PW04-04 — Asphalt Crackfill Project — FY2003-2004 — various streets RECOMMENDATION: 11.1 Award a construction contract for Project No. PW04-04 Asphalt Crackfill Project — FY2003-2004 — various streets to Bond Blacktop, Inc. in the amount of $89,722.00 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 $ 8,972.20, which is equal to 10% of the contract amount. MOTION: Mayor Pro Tern Comerchero moved to approve Consent Calendar Item Nos. 1-11. Councilman Stone seconded the motion and the electronic vote reflected unanimous. At 7:37 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:41 P.M., the City Council resumed with regular business. COUNCIL BUSINESS 12 Chaparral Special Study Area — Interim Policy IC 401TUM4,lb7_wellk► 12.1 Provide direction on how to address General Plan Land Use and Zone Change requests in the Chaparral Special Study Area. Planning Director Ubnoske reviewed the staff report (of record) and responded to inquiries as follows, noting that the City Council's action would be the final action; that it would not be necessary for the Planning Commission to revisit this matter; that the proposed action would be policy direction, not a zone change; that any future zone changes will require City Council approval; that the General Plan Community Advisory Committee concurred with the proposed policy as it pertains to land use within the City; that the proposed policy will be solely interim for the purpose of codifying the interim policy in the General Plan, at which point, it will be permanent policy; and that the intent of this policy and its codification will be to maintain the rural environment and to maintain the trail system and to create new trail connections and new equestrian trails. R:\Minutes\031604 Advising that the owners of properties within the discussed area would still have to be consistent with the hillside policies, Deputy City Manager Thornhill noted that owners could have the option to build one unit on the entire one acre or''/1 acre and set aside ''/z acre for open space. Councilman Roberts relayed his preference that the matter be reviewed by the Planning Commission. Mr. Larry Markham, 41635 Enterprise Circle North, noted that the transition policy for the 1.75 acre parcel adjacent to Santiago Road will remain the same as will the properties ranging from 21/2 acres to 1 acre and that this interim policy will reduce the L-2 zoning potential, reducing it to one unit per acre. Mr. Markham expressed support for the proposed action; concurred with Councilman Roberts that certain parcels, because of steep slopes, will not be designated as equestrian parcels and would be desirous of preserving the equestrian connection. Viewing this policy as a means to develop the area as was originally intended, Mayor Pro Tern Comerchero expressed his support of the recommendation but concurred with Councilman Roberts that the Planning Commission be given the opportunity to review this interim policy prior to final approval. As a member of the General Plan Community Advisory Committee, Councilman Washington noted that the proposed policy will provide additional flexibility along with providing open space; noted that the Committee was in support of the policy; and concurred that the Planning Commission should be given the opportunity to review the policy. MOTION: Mayor Pro Tern Comerchero moved to forward this item to the Planning Commission for review and that the matter be readdressed by the City Council, within 30 days, for final approval. The motion was seconded by Councilman Stone and the electronic vote reflected unanimous approval. 13 Status Update — Senate Bill 87 (Hollingsworth) (At the request of the entire City Council.) RECOMMENDATION: 13.1 Approve amended language to Senate Bill 87 and urge Senator Hollingsworth and other members of the California legislature to approve SB 87 as amended. As was noted at the last City Council meeting, Mayor Naggar advised that the language submitted by the City with regard to this Senate Bill was accepted by Senator Hollingsworth's office and noted that the proposed action would ratify the amended language. City Attorney Thorson provided clarification of the amended language, advising that with this relinquishment, the City will not have to petition Caltrans for improvements the City may deem as necessary and in the best interest of the citizens' safety with the exception of signals that are in Caltrans jurisdiction. Mr. Sam Pratt, 40470 Brixton Cove, stated that the City of Temecula is not a traffic safe City for its citizens or visitors and that the City has failed to implement an affective Traffic Congestion Plan. R:\Minutes\031604 In response to pictures shown, in particular the Chaparral High School area picture, by Mr. Pratt, Mayor Pro Tern Comerchero advised that for this reason, the City has made the request to the State to relinquish the State Routes in an effort to make the areas safer. Echoing Mayor Pro Tern Comerchero's comments, Mayor Naggar urged Senator Hollingsworth to move this Bill forward. MOTION: Councilman Washington moved to approve the staff recommendation. The motion was seconded by Councilman Roberts and the electronic vote reflected unanimous approval. Councilman Stone requested that staff provide an update on this Bill within 30 days. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No additional comments. CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson advised that Item Nos. 1 and 2 (real property matters), the City Council provided direction with respect to further negotiation and that with regard to Item No. 3 (real property matter), this item will be addressed in Open Session at the April 13, 2004, City Council meeting. ADJOURNMENT At 8:12 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, April 13, 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 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 $1,901,745.31. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 20`" day of April, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:/Resos 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 20`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 RlResos 2004/Resos 04- ' CITY OF TEMECULA LIST OF DEMANDS 04/08/04 TOTAL CHECK RUN: $ 1,572,608.20 04/08/04 TOTAL PAYROLL RUN: 329,137.11 TOTAL LIST OF DEMANDS FOR 04/20/04 COUNCIL MEETING: $ 1,901,745.31 DISBURSEMENTS BY FUND: CHECKS: 001 GENERALFUND $ 1,252,820.72 165 RDA DEV-LOW/MOD SET ASIDE 12,170.19 190 COMMUNITY SERVICES DISTRICT 68,590.23 192 TCSD SERVICE LEVEL B 81.90 193 TCSD SERVICE LEVEL C 4,667.87 194 TCSD SERVICE LEVEL D 735.27 210 CAPITAL IMPROVEMENT PROD. FUND 186,847.68 280 REDEVELOPMENT AGENCY-CIP 7,057.73 300 INSURANCE FUND 2,454.86 310 VEHICLES FUND 2,162.05 320 INFORMATION SYSTEMS 20,762.26 330 SUPPORTSERVICES 4,018.02 340 FACILITIES 10,239.42 $ 1,572,608.20 100 GENERALFUND $ 229,200.67 165 RDA-LOW/MOD SET ASIDE 6,000.15 190 COMMUNITY SERVICES DISTRICT 57,414.02 ' 192 TCSD SERVICE LEVEL B 108.37 193 TCSD SERVICE LEVEL C 5,104.63 194 TCSD SERVICE LEVEL D 825.32 280 REDEVELOPMENT AGENCY-CIP 2,577.39 300 INSURANCE FUND 1,028.08 320 INFORMATION SYSTEMS 18,931.33 330 SUPPORTSERVICES 1,846.71 340 FACILITIES 6,100.44 329,137.11 TOTAL BY FUND: $ 1,901,745.31 PREPARED B NADA YONKER C OUNTI lG SPECLALIST I , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. GE N DIREC O FFINANCE 1, , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. SHAW N NELSON, CITY MANAGER apChkLst Final Check List Page: 1 04/08/2004 11:49:15AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 298 04/08/2004 000444 INSTATAX (EDD) 1st Otr 04 UI & ETT Tax Payment 52,197.36 52,197.36 299 04/08/2004 000245 PERS (HEALTH INSUR. PREMIU PERS Health Admin Cost Payment 59,315.09 59,315.09 300 04/08/2004 000444 INSTATAX (EDD) State Disability Ins Payment 15,393.73 15,393.73 301 04/08/2004 000283 INSTATAX (IRS) Federal Income Taxes Payment 60,558.14 60,558.14 302 04/08/2004 001065 NATIONWIDE RETIREMENT SO Nationwide Retirement Payment 20,738.82 20,738.82 303 04/08/2G04 000246 PERS (EMPLOYEES' RETIREME PERS ER Paid Member Contr Pmt 59,449.63 59,449.63 304 04/08/2004 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 2,233.48 2,233.48 90982 04/OB/2o04 003552 A F L A C AFLAC Cancer Payment 1,731.80 1,731.80 90983 04/08/2004 000434 ACCELA.COM Ann'I Cf:7/19-22:McBride/Rush/Novotn 1,275.00 1,275.00 90984 04/08/2004 004064 ADELPHIA Apr high speed Internet svcs 28.95 28.95 90985 04/08/2004 003679 AEI CASC ENGINEERING Jan design svcs:Jefferson Rehab Ph II 16,860.85 Feb design svcs:Jefferson Rehab Ph 1 4,951.34 21,812.19 90986 04/Oat2004 007560 ALBANESE, PHIL Reimb:CFPI Wkshp:3/14-18 130.28 130.28 90987 04/08/2004 007522 ALL STAR WATER HEATERS Refund: Dup Pnnt 41800 Skywood Dr 30.00 30.00 90988 04/08/2004 007534 ALVAREZ, GRACIELA Refund: Security Deposit 100.00 100.00 90989 04/08/2004 005772 AMTEK INC JS Cell Phone charger 19.83 19.83 90990 04/08/2004 000101 APPLE ONE, INC. Temp help PPE 3120 Wills 580.80 Temp help PPE 3120 Medina 580.80 Temp help PPE 3120 Delarm 570.24 Temp help PPE 3/20 Lee 528.00 Temp help PPE 3/20 Douvres 324.00 2,583.84 90991 04/08/2004 002648 AUTO CLUB OF SOUTHERN CA Membership: Rodney Tidwell 44.00 44.00 Page:t apChkLst 04/08/2004 11:49:15AM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 90992 04/08/2004 007541 AZHAND, AZIM Refund:W eed Abate apn 959-010-01 662.74 662.74 90993 04/08/2004 006721 BOISE CASCADE OFFICE TCSD Office furnishings 768.69 3 drawer file replacement:Police 224.51 Office Supplies: Fire Prevention 82.70 Office Supplies: Finance 45.36 Office Supplies: Finance 34.20 Office Supplies: Finance 10.16 Credit: Returned 3 drawer file -224.51 Credit: Returned comer desk -234.43 706.68 90994 04/08/2004 007546 BOWERS, GENE Refund:Weed Abate apn 961-101-02 164.45 164.45 90995 04/08/2004 007557 BURCH, RONALD K. Refund:Grading depst 40566 Calls T. 995.00 995.00 90996 04/08/2004 004851 C B RANCH ENTERPRISES Senior Excursions: Flower Fields 120.00 120.00 90997 04/08/2004 005384 CALIF BAGEL BAKERY & DELI Refreshments:Trffc Safety Comm Mtg 81.89 81.89 90998 04/O1112004 004228 CAMERON WELDING SUPPLY Helium tanks refill:TCSD 29.18 29.18 90999 04/08/2004 003554 CANADA LIFE ASSURANCE CO Mandatory Life Insurance Payment 2,450.00 2,450.00 91000 04/08/2004 007558 CARRANZA, FRANK EE computer purchase prgm 1,831.70 1,831.70 91001 04/08/2004 007537 CASTILLO, PHILLIP Refund:Weed Abate apn 945-120-00 343.64 343.64 91002 04/08/2004 001249 CENTRE FOR ORG EFFECTIVE Diversity Training for Employees 3,500.00 3,500.00 91003 04/08/2004 004405 COMMUNITY HEALTH CHARI Community Health Charities Payment 163.00 163.00 91004 04/08/2004 001193 COMP U S A INC Misc Computer Supplies: IS 13.99 13.99 91005 04/08/2004 003986 COZAD & FOX INC Mar Survey svcs:Comm Theater 1,980.00 1,980.00 91006 04/08/2004 007526 CRUZ, LYNN Refund: Security Deposit 100.00 100.00 91007 04/08/2004 001009 D B X INC Rel retention:Trffc monitoring system 88,213.90 88,213.90 Page2 apChkLst Final Check List Page: 3 04/08/2004 11:49:15AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 91008 04/08/2004 004194 D L T SOLUTIONS INC (Continued) Description Amount Paid Check Total AutoCAD'04 Tmg:Odviar:4/12-15 1,000.00 1,000.00 91009 04/08/2004 001393 DATA TICKET INC Feb parking citation processing svcs 520.92 520.92 91010 04/08/2004 002701 DIVERSIFIED RISK Mar special events premiums 1,676.92 1,676.92 91011 04/08/2004 007561 DOUCETT, LINDA Refund: Grading Depst 29830 Ynez 10,995.00 10,995.00 91012 04/08/2004 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: TCSD 61343 1,083.67 Fuel for city vehicles: Land/CIP 61345 959.38 Fuel for city vehicles: PW mntc 61353 801.44 Fuel for city vehicles: B&S 61348 526.95 Fuel for city vehicles:Planning 61347 426.28 Fuel for city vehicles: CIP 61351 231.02 Fuel for city vehicles: Code Enf 61384 84.48 Fuel for city vehicles: Tr fc 61953 65.11 Fuel for city vehicles: City Van 61349 33.09 4,211.42 91013 04/08/2004 001380 E S I EMPLOYMENT SERVICES Temp help PPE 3/19 Haer/Jensen 6,026.56 Temp help PPE 3/19 Rush 1,833.30 Temp help PPE 3/19 Kanigowski 1,450.68 Temp help PPE 3/26 Novotny 1,322.34 Temp help PPE 3119 Gutierrez 1.192.80 Temp help PPE 3/19 Sang 846.46 12,672.14 91014 04/08/2004 007495 EARTH RESOURCE MAPPING I ER Mapper mntc license renewal 1,023.63 1,023.63 91015 04/08/2004 003223 EDAW INC Feb consultant:Mitigation plans R.C.R 752.76 752.76 91016 04/08/2004 002438 ENGEN CORPORATION 311.15 Geotech svcs:J.Wamer Rd 352.50 352.50 91017 04/0a/2004 007532 ESOLDI, DAVID Refund:Strong Motion Chrgs 34.72 34.72 91018 04/08/2004 006487 EUROPEAN CAFE & VINEYARD Refreshments: Trffc Safety Comm Tou 106.06 Refreshments: Alliance Budget 68.58 Refreshments: Planning Budget 38.47 213.11 91019 04/08/2004 000165 FEDERAL EXPRESS INC Express mail services 168.11 168.11 91020 04/08/2004 007562 FELT, PETE Reimb: CSAIA Sprg Tmg:3/9-11/04 356.09 356.09 Page3 apChkL.st Final Check List Page: 4 04108=04 11:49:15AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 91021 04/0a/2004 003347 FIRST BANKCARD CENTER CHURCHILL HOTEL, THE RR Htl:04 Nat'l League Cf:3/5-9 1,200.08 H I S INTERNATIONAL TOURS I RR Airtare to Sister City 992.92 HILTON JC H0:'04 Nat'l League Cf:3/5-9 917.80 HILTON AE HtI:CALBO Mtg:Staff:3/9 773.16 AMERICAN AIRLINES RR Airfare Departure date 3113104 512.90 B I A OF SOUTHERN GT Stormwater Sem:3/24:Code Ent. 387.00 HYATT GR HtI:CSMFO Ann'I Cf:2-29-3/2 375.20 SOUTHWEST AIRLINES GR AirFare:CMTA Cf:4/21-23:Grance 374.80 RAIL EUROPE RR Rail Travel: Sister Cities Trip 368.00 PRESS ENTERPRISE COMPAN GY Best ER Awards:HR Staff 360.00 LODGING.COM DU HtI:AEP State Cf:4-15-18:Hogan 315.77 TEMECULA VALLEY CHAMBER HP Reg:State of the City Event 240.00 RUTH'S CHRIS STEAK HOUSE JS Meal'04 Nat'l League Cf:3/5-9 234.11 SOUTHWEST AIRLINES RR AirFare:League cf:3/18 225.70 OLD SPAGHETTI FACTORY, TH GY Meal:Exec. Staff Retreat: 3-18 203.34 HUNGRY HUNTER DU Refreshments:lnterview Panel 188.36 HILTON HP MeaUPavia:CPRS Cf:HP/GZ/PR 178.24 RALPH BRENNAN'S JAZZ KITC HP Meal:CPRS Cf:HP/JP/GZ/PR 158.73 EXECUTIVE VIP AIRPORT SER JC Airport shuttle svcs 146.00 SOUTHWEST AIRLINES GTAirFare:E.Papp:3/31.4/2:SanJos 133.70 HYATT RR Hit: SCAG Mtg:3/3/04 120.04 CALIF BUILDING OFFICIALS AE Disabled Access:Harold:3/24 115.00 US LIMOUSINE SERVICE JS Taxi Svc:'04 Nat'l League Cf:3/5-9 107.00 HYATT RR Htl:'04 Nat'l League Cf:3/5-9 106.16 BAJA FRESH DU Refreshments:Rvsd Cnty & City M 85.98 MARIE CALLENDER HP Meal/Oasis:CPRS Cf:TCSD Staff 85.37 ONTARIO AIRPORT RR Prkg:'04 Nat'l League Cf:3/5-9 72.00 MARIE CALLENDER GR Refreshments: OP Budget Wrksh 70.00 BLACK ANGUS GY Refreshments: Team Bldg 2126 68.00 PageA apChkLst Final Check List Page: 5 04/08/2004 11:49:15AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total BLACK ANGUS GY Refreshments: Tdf Comm Mtg 53.00 CROKE'S COMEDY CATALOG HP DVD movies for park series event 40.08 CHILIS RESTAURANT GY Refreshments: District Dir. Mtg 36.20 AMPCO PARKING JS Prkg:'04 Neff League Cf:3/5-9 36.00 PENFOLD'S CAFE GR Refreshments:Mgr budget mtg 31.98 FROGGY BOTTOM JS Meal:'04 Nat'l League Cf:3/5-9 25.00 ONTARIO AIRPORT RR Prkg:'04 Nat'l League Cf:3/5-9 18.00 HILTON JS Meal:'04 Nall League Cf:3/5-9 17.00 GY First Bankcard Charges 2.23 APL/WCTC DU Credit:Ht1:04 Nat'l APA Conf:4/24- -450.00 8,924.85 91022 04/08/2004 001135 FIRST CARE INDUSTRIAL MED Employee first aid svcs 184.02 184.02 91023 04/08/2004 007540 FJAERAN, RANDI Refund:Weed Abate apn 922-062-01 91024 04/0a/2004 007498 GUIDANCE SOFTWARE INC Computer Forensics Tmg:5/4-7:Brown 91025 04/0a/2004 000186 HANKS HARDWARE INC 91026 04/Oa/2004 000116 HEALTH NET DENTAL AND VI 91027 04/O11=04 002107 HIGHMARK INC 91028 04/08/2004 005748 HODSON, CHERYL A. 91029 04/08/2004 006052 HORTON, MIKE 91030 04/08/2004 007539 HSU, FRANK Hardware supplies: TCSD Hardware supplies: Fire Stn Hardware supplies: Sports Hardware supplies: Trffc Division Hardware supplies: City Hall Hardware supplies: TCC Hardware supplies: PW mntc T. Museum exhibit supplies Hardware supplies: B&S Health Net DentalNision Plan Pmt Voluntary Supp Life Insurance Support Payment Reimb:CFPI Wkshp:3/14-18 Refund:Weed Abate apn 959-020-00 146.00 1,250.00 1,199.51 468.19 463.16 286.52 157.06 81.67 81.61 23.58 5.32 1,076.29 641.90 51.07 78.06 346.44 146.00 1,250.00 2,766.62 1,076.29 641.90 51.07 78.06 346.44 Pages apChkLst Final Check List Page: 6 04/08/2004 11:49:15AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check If Date Vendor Description Amount Paid Check Total 91031 04/08/2004 004217 HYDRO TEK COMPANY Pressure Washer parts: PW mntc 287.51 287.51 91032 04/08/2004 000194 1 C M A RETIREMENT TRUST 45 1 C M A Retirement Payment 6,833.95 6,833.95 91033 04/08/2004 004833 IMPERIAL PAVING COMPANY I Slurry Seal Pdt:Margarita/Serena Rd 64,308.00 64,308.00 91034 04/08/2004 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 343.29 343.29 91035 04/08/2004 007559 J & G MOBILE LOCK & KEY Door lock repair:Police SubStn 45.00 45.00 91036 04/08/2004 007535 JACKSON, ADINA Refund:Cake Decoration -Kids 15.00 15.00 91037 04/08/2004 002424 KELLEY DISPLAY INC 57 Art Festival banners: Eco Dev 1,569.45 1,569.45 91038 04/08/2004 001091 KEYSER MARSTON ASSOCIAT Feb svcs:Affordable Housing U Educ 6,602.46 5,602.46 91039 04/08/2004 006302 KIDZ LOVE SOCCER, INC TCSD instructor earnings 4,080.00 4,080.00 91040 04/08/2004 007544 KITAGAWA, MISAO & SAKI Refund:Weed Abate apn 919-210-008 254.00 254.00 91041 04/08/2004 007188 LAERDAL MEDICAL CORP. 26 Heartsaver first aid tmg 280.15 26 Heartsaver AED Textbooks 280.15 560.30 91042 04/08/2004 000482 LEIGHTON & ASSOCIATES INC Sep -Feb Geotech svcs:R.C. Rd 444.47 444.47 91043 04/08/2004 003726 LIFE ASSIST INC Paramedic squad supplies: Fire 1,268.45 Paramedic squad supplies: Fire 1,071.13 Paramedic squad supplies: Fire 104.95 Paramedic squad supplies: Fire 64.92 Paramedic squad supplies: Fire 53.63 Credit: Returned medics supplies -214.50 2,348.58 91044 04/08/2004 002634 LITELINES INC R&R sign modgications:Old Town 262.50 262.50 91045 04/08/2004 007563 LOPEZ, RICHARD Reimb:CSAIA Sprg Trng:319-11/04 385.57 385.57 91046 04/08/2004 006897 LORY, SUSAN, J. TCSD instructor earnings 371.00 TCSD instructor earnings 336.00 TCSD instructor earnings 273.00 TCSD instructor earnings 210.00 1,190.00 Pages apChkLst Final Check List Page: 7 04/08/2004 11:49:15AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 91047 04/08/2004 004087 LOW E'S Replace C.Hall bathroom faucets 598.06 Credit: Invoice over payment -159.47 438.59 91048 04/08/2004 005969 LYONS, TIMOTHY J. Entertainment:Bluegrass Festival 3/20 150.00 150.00 91049 04/08/2004 003782 MAIN STREET SIGNS Signs/Hardware: PW Maint Div 2,311.64 2,311.64 91050 04/08/2004 004141 MAINTEX INC TCC Custodial Supplies 294.41 294.41 91051 04/08/2004 001967 MANPOWER TEMPORARY SER Temp Help We 03121 A.A.M.D. 931.40 931.40 91052 04/08/2004 007525 MANSOUR, FARAH Refund:Sec. Deposit:3128/04 100.00 100.00 91053 04/08/2004 001256 MARRIOTT HOTEL Htl:lntro/Cmptr Forensics:5/3-7:H.Brow 643.88 643.88 91054 04/08/2004 000944 MCCAIN TRAFFIC SUPPLY INC GPS Universal Time Source:PW Trf D 891.09 891.09 91065 04/08/2004 006571 MELODY'S AD WORKS Jazz Festival Mrkf/Promotion Svcs 2,000.00 Reimb. Expenses: Jazz Festival 64.65 2,064.65 91056 04/08/2004 003076 MET LIFE INSURANCE Met Life Payment 8,201.94 8,201.94 91057 04/08/2004 001905 MEYERS, DAVID WILLIAM TCSD Instructor Earnings 544.00 544.00 91058 04/08/2004 004894 MICHAEL BRANDMAN ASSOCIA Feb Eng Svcs:Pechanga Pkwy Ph 2 7,946.54 7,946.54 91059 04/08/2004 001384 MINUTEMAN PRESS Business Cards: P. Von Richter 114.86 Business Cards: G. Patterson 96.97 211.83 91060 04/08/2004 001067 MITY LITE INC (8) Tables for West Wing 1,484.34 (4) Tables for City Hall 1,430.71 2,915.05 91061 04/08/2004 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings 412.80 412.80 91062 04/08/2004 005887 MOFFATT & NICHOL ENGINEER Jan Eng Svcs:F.V.Pkwy/I-15 Imp" 52,014.96 52,014.96 91063 04/08/2004 007524 MONTI, ANTONIO Refund:Sec. Deposit:TCC 3120 100.00 100.00 91064 04/08/2004 004128 MORAMARCO, ANTHONY J. TCSD Instructor Earnings 408.00 408.00 Page:? apChkLst 04/08/2004 11:49:15AM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 91065 04/08/2004 001986 MUZAK INC Repair/Maint Svcs: Sound System 800.00 800.00 91066 04/08/2004 007224 N E C BUSINESS NETWORK Cordless Telephone for Fire Prev. 405.31 405.31 91067 04/08/2004 005608 NEUMAN, JASON Reimb:CFPI Wrkshp:3/14-19/04 73.07 73.07 91068 04/08/2004 002898 NIXON EGLI EQUIPMENT COMP PW Maint Patch Truck Maint/Repair 1,276.89 1,276.89 91069 04/08/2004 003964 OFFICE DEPOT BUSINESS SVS Office Supplies for Planning 311.55 311.55 91070 04/08/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 242.44 City Vehicle Repair/Maint Svcs 164.28 City Vehicle Repair/Maint Svcs 84.65 City Vehicle Repair/Maint Svcs 47.21 City Vehicle Repair/Maint Svcs 22.42 561.00 91071 04/08/2004 006112 OLSEN, KRISTIN Reimb:'04 CPRS Conf:03/10-13/04 32.02 32.02 91072 04/0a/2004 001619 ORANGE COUNTY REGISTER I Mar as Recruit Ad: H.R. Dpt. 454.12 454.12 91073 04/08/2004 001171 ORIENTAL TRADING COMPANY Supplies for MPSC/TCC 290.46 290.46 91074 04/011/2004 006939 PAINT CONNECTION, THE Res Imp Prgm: Esparza, Tony 1,750.00 1,750.00 91075 04/013/2004 003955 PANE CONSULTING SERVICE ( Sports Shirts: Volunteer Recognition 1,541.31 1,541.31 91076 04/08/2004 001958 PERS LONG TERM CARE PROG PERS Long Tenn Care Payment 288.55 288.55 91077 04/08/2004 000249 PETTY CASH Petty Cash Reimbursement 384.88 384.88 91078 04/011/2004 001999 PITNEY BOW ES Stn 84 - Postage Meter 38.78 38.78 91079 04/011/2004 005820 PRE -PAID LEGAL SERVICES I Prepaid Legal Services Payment 324.85 324.85 91080 04/08/2004 005067 PURSUIT TECHNOLOGY INC Computer Brackets: Fire Prev. Veh. 2,162.05 Computer Brackets: Fire Vehicles 1,015.76 3,177.81 91081 04/08/2004 007297 RAMONA PAGEANT ASSN INC Sal.Due:Docent Training Prg:4/17/04 145.50 145.50 Pages apChkLst 04/08/2004 11:49:15AM Final Check List CITY OF TEMECULA Page: 9 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 91082 04/013/2004 000947 RANCHO REPROGRAPHICS Dupl. Blueprints: Diaz Rd Realignment 420.74 Dupl. Blueprints: J.W. Impry Pryt 70.06 Dupl. Blueprints: West Wing Expan. 46.16 536.96 91083 04/08/2004 607523 RETIRED EMPLOYEES OF L.A. Refund:Sec. Deposit:TCC 3117 100.00 100.00 91084 04/08/2004 007547 RICARD, CHARLES Refund:W eed Abate apn 921-140-00 214.00 214.00 91085 04/08/2004 000353 RIVERSIDE CO AUDITOR Feb'04 Parking Citations 1,595.25 Jan'04 Parking Citations 1,579.50 3,174.75 91086 04/08/2004 000411 RIVERSIDE CO FLOOD NPDES Stonnwater Permit Agrmnt 15,313.00 15,313.00 91087 04/08/2004 000406 RIVERSIDE CO SHERIFFS DEP 2/5-3/3/04: Law Enforcement 859,631.56 859,631.56 91088 04/08/2004 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 832.00 832.00 91089 04/011/2004 000277 S & S ARTS & CRAFTS INC TCSD Special Events Supplies 148.83 148.83 91090 04/08/2004 007555 SALAZAR, SONIA as computer loan prgm 1,072.37 1,072.37 91091 04/08/2004 005227 SAN DIEGO COUNTY OF Support Payment 33.24 33.24 91092 04/08/2004 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 91093 04/08/2004 004609 SHREDFORCE INC Mar Shredding Svcs: Records Mgmt 441.00 441.00 91094 04/08/2004 000645 SMART & FINAL INC '04 Mother/Son Date Night Supplies 199.72 MPSC Recreation Supplies 93.54 293.26 91095 04/0a/2004 000537 SO CALIF EDISON Mar 2-02-502-8077 West Wing 1,433.84 Mar 2-00-397-5067 Various Mtrs 796.47 Apr 2-10-331-2153 TCC 776.57 Apr 2-20-798-3248 C. Museum 629.15 Apr 2-19-683-3255 Front St Ped 430.90 Mar 2-19-683-3263 Front St Ped 280.55 Mar 2-22-575-0876 O. T. Front St. 220.01 Mar 2-18-528-9980 Santiago Rd. 50.06 Apr 2-23-693-2810 Pala Rd 34.99 Apr 2-24-077-3069 Pala Rd 31.00 Mar 2-14-204-1615 Front St Rdio 25.39 Apr 2-23-051-9399 Marg. Rd. 13.89 4,722.82 Page9 apChkLst 04/08/2004 11:49:15AM Final Check List CITY OF TEMECULA Page: 10 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 91096 04/08/2004 000519 SOUTH COUNTY PEST Mar Pest Control Svcs: City Hall 56.00 Mar Pest Control Svcs: West Wing 40.00 Mar Pest Control Svcs: TCC 36.00 132.00 91097 04/Oa/2004 000293 STADIUM PIZZA Rfrshmnts:Holiday ParadeA 2/4 60.44 Gift Giving Campaign: B&S Dpt. 50.00 110.44 91098 04/08/2004 007533 STEVENS, JEANNE Refund:Music Acad:Pop Keyboards 90.00 90.00 91099 04/011/2004 003840 STRONGS PAINTING Paint Interior Wall @ City Hall 300.00 300.00 91100 04/08/2004 007543 SYNOD OF SOUTHERN CALIF Refund:Weed Abate apn 957-090-004 1,172.50 1,172.50 91101 04/0a/2004 000305 TARGET STORE Recreation Supplies: Egg Hunt 204.29 Recreation Supplies: TCC 8.80 213.09 91102 04/0a/2004 001547 TEAMSTERS LOCAL 911 Union Dues Payment 3,483.00 3,483.00 91103 04/08/2004 007531 TEMECULA CREEK VILLAGE, L Refund: Bldg Permits 9,812.77 9,812.77 91104 04/08/2004 000168 TEMECULA FLOWER CORRAL Sunshine Fund 53.82 53.82 91105 04/08/2004 000306 TEMECULA VALLEY PIPE & SU Park Irrigation Supplies 42.79 42.79 91106 04/08/2004 004274 TEMECULA VALLEY SECURITY Locksmith Svcs: C. Museum 143.74 143.74 91107 04/08/2004 000919 TEMECULA VALLEY UNIFIED S Room Rental: Oct Annex. Mtg 222.00 222.00 91108 04/08/2004 007250 TETRA TECH INC Feb Dsgn Svcs: Rnbw Cyn Rd Guardr 533.08 533.08 91109 04/08/2004 000668 TIMMY D PRODUCTIONS INC Sound Vendor for Band Jam:4/2/04 225.00 225.00 91110 04/08/2004 000319 TOMARK SPORTS INC CRC Gym Basketball Backboard Pads 713.71 713.71 91111 04/08/2004 005937 TOMCZAK, MARIA T. TCSD Instructor Earnings 12.00 12.00 91112 04/08/2004 005873 TRI AD ACTUARIES INC Child Care Reimbursement Payment 6,668.11 6,668.11 91113 04/08/2004 006192 TRISTAFF GROUP Temp Help w/o 03/28 Bradley 520.00 520.00 Page:10 apChkLst Final Check List Page: 11 04/09/2004 11:49:15AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 91114 04/08/2004 007542 TUCCINARDI, JOHN Refund:Weed Abate apn 945-170-00 367.74 367.74 91115 04/08/2004 000459 TUMBLE JUNGLE FITNESS GY TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 91116 04/Oa/2004 005592 TWINING LABORATORIES Feb Prof Svcs:Soundwall Impry 91117 04/08/2004 002702 U S POSTAL SERVICE Postage Meter Deposit 91118 04/08/2004 000325 UNITED WAY United Way Charities Payment 91119 04/08/2004 004819 UNUM LIFE INS. CO. OF AMERI Longterm Disability Payment 91120 04/08/2004 004261 VERIZON CALIFORNIA 91121 04/08/2004 004279 VERIZON CALIFORNIA INC. 91122 04/08/2004 001890 VORTEX DOORS Mar xxx-5029 General Usage Mar xxx-1408 P.D. Old Town Stn Mar xxx-5509 General Usage Mar xxx-1999 General Usage Mar xxx-0049 General Usage Mar xxx-2629 Nagger Mar access -CRC phone line Mar access-Rvsd Co phone line Garage Doors Maint/Repair: Stn 84 91123 04/08/2004 005066 W DEAN DAVIDSON, ARCHITEC TVM Expansion E.S.Garder Exhibit Ar 91124 04/08/2004 003730 WEST COAST ARBORISTS INC Feb Citywide Tree Trimming Svcs Mar Citywide Tree Trimming Svcs 91125 04/08/2004 002109 WHITE CAP INDUSTRIES INC PW Maintenance Supplies 91126 04/08/2004 007545 ZIMMER, ROBERT Refund:Weed Abate apn 922-190-022 633.60 316.80 246.40 211.20 61.60 12,260.32 4,019.69 385.00 6,655.76 676.70 293.27 146.15 36.17 31.36 29.75 347.84 271.75 769.49 2,500.00 1,214.50 255.00 130.73 365.20 Grand Total All Checks: 1,469.60 12,260.32 4,019.69 385.00 6,655.76 1,213.40 619.59 769.49 2,500.00 1,469.50 130.73 365.20 1,572,608.20 Page:11 ITEM 4 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: ty Manager/City Council FROM: (William G. Hughes, Director of Public Works/City Engineer DATE: April 20, 2004 SUBJECT: Tract Map No. 29798-4, Located South of Loma Linda Road, East of Pechanga Parkway, North of Wolf Valley Road, in the Wolf Creek Specific Plan No. 12 EIR PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Chris White, Assistant Engineer C1✓ RECOMMENDATION: That the City Council approve 1) Tract Map No. 297984 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. BACKGROUND: Tract Map No. 29798-4 is located within Tract 29305-1 of the Wolf Creek Specific Plan No. 12. As part of Specific Plan, Tract Map No. 29798-4 is subject to all Specific Plan Amendments and Agreements. On January 23, 2001 the City Council approved Tentative Tract Map 29305, on December 16, 2003 the City Council approved Final Map 29305-1.On November 7, 2001 they approved Tentative Tract Map 29798 with a phasing map and their conditions of approval which is a further subdivision of Tract 29305-1. Tract Map No. 29798-4 is a forty-four (44) single family residential lot tract. The tract is located South of Loma Linda Road, North of Wolf Valley Road East of Pechanga Parkway. The site is currently vacant. The owners of the property: Wolf Creek Development, LLC, A California Limited Liability Company has met all of the Conditions of Approval. This final map is in conformance with the approved tentative tract map. The approval of a final subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. The following fees have been deferred for Tract Map No. 29798-4: Development Impact Fee due prior to issuance of building permit. r:\agd rpt\04/tm29798,-1,-2,.map FISCAL IMPACT: None ATTACHMENTS: 1. Development Fee Checklist 2. Fees & Securities Report 3. Project Vicinity Map 4. Tract Map No. 29798-4 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 29798-4 The following fees were reviewed by Staff relative to their applicability to this project. FEE Flood Control (ADP) Quimby Fees Development Impact Fee CONDITIONS OF APPROVAL I•II_1 N/A To be paid prior to issuance of a building permit rAagdrpt\04/tm29798; 1; 2,.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 29798-4 DATE: April 20.2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL SECURITY & LABOR Street and Drainage $ 831,500 $ 416,000 Water $ 133,000 $ 66,500 Sewer $ 115,000 $ 57,500 TOTAL $ 1,079,500 $ 540,000 Monument $ 10,000 - DEVELOPMENT FEES City Traffic Signing and Striping Costs $ 0.00 RCFCD (ADP) Fee $ N/A Development Impact Fee $ 0.00 SERVICE FEES Planning Fee $ 147.00 Comprehensive Transportation Plan $ 8.00 Plan Check Fee $ 2,170.00 Monument Inspection Fee $ 500.00 Fees Paid to Date $ 2,075.00 Balance of Fees Due $ 750 3 r:\agdrpt\04/tm29798,-1,-2,.map w U Y W O z a 0 I < W /l w /�- V) U W J � F, - 3 0-) U -P6- b + A. 3� a_ Q N o�a� �� J U En O c dO'Lj, O �O z I I uJ Q�U� z Z W u Q U_ U o > U Y3 m z Q J s� ry O ti Y 6 ERA '4 c� �A r 3 w N '%�oti ¢0 1III _ ilF 9Jk' N z ¢"$zi LAN N +ov,�rc�xn •' F<- 'o �' < < Z K O W J - O �m H W 0 � W < CO N M rn x° V v _ J tt�ip<u w I.-,z6 mm U Z ��u 3 IS W z _ o in Z ap - - zF oo ° SIIP in ` NP< ak �F 2 Ory W .1 ) n^awwFx 2 O WWJJ €;.. 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NUMB 01RECIION DISTANCE Lt N 5,Y6'S9- W 9.3T/����I� 12 H 63'32 N W KL -A-L 13 N 26R>•St' E ]G.,B' N.T.. ii rN 25M21- w 2sW I �� jR•59 �6 -l8 •,NOT LOT TPART' Mg CURVE TABLE I (N NUMB DFLTR ANQE ARC IENCTN cl 0926'46' --- 5]0.00 ]0.13' C2 MW'24 DODO 66.09 C3 15WY Iw.00 26.25 G D113'15' 109.Op 21Y CS D5 ]6'15' 50.O 4,92 C6 59Z4"13- c> 55Y>z9' M.W S0 Q.25 41..66 44N4r w,M W CB N NZ62V w.W 3i }BJ9 Ctl IW,00 Tw— C13 m75 1615'36' 1w.w 2B.3B C14 1w.M 2. C14 W46'2J' w'46k9 4]O- . 6,36 C15 01'W" 335W HJ] C31 01Z533' TM X 1 19 C32 012533 MO.W 12.H CJ, w1510 Sw.W w.75 C]6 01,146- Sw.w 10A,• c]J w'49'2T w0.w To- <235"0]•E) m (5950') N�5]'36'W J10.65, fRy g N._ LOT ^p -�� WALLABY 6W28WAY z tWw ry - la o� n --� .q'. V _._ f>i.D3 W e SEE MEREONT 1 / •_ 'i , n VJS.12"— -- _. Na63T36-W, w Z R 41 _ .m1 -� a6.9a V-- 117'24'31 I.5o:o0 i ry Ner46'e 21.J0' J'E y w w Ww' 20$m 21 42 N5211.59'w WO'J4'OJ'E N5155"37'W SR)_ - m w 0 '41 701.64. 43 N54'3205'w 22 H (R 1o3.u• ui72n2_W CR), LOT No 7 A - _ N5] 32'2>'1/ - 10V r- ^ 18 - PART" - N Z,4,'�Z'W(SI- A. N6]V5',O-W,(RJ 23 44 m m N>2'46'31-E 2v _x'� a t0A 0W (X5416"59-W) N2r4SL YE()_ R21.17' _ 136.97' 36.46' 17 60.01 N541659 w It .43' SEASTAR PLACE �1 RI1�' ~ GLz 24 Xwm �16'59'w 1]3.02- N63.320qW t0289' ` - Si LOT .B. ! \_ c34 ,I c37 n i 8 8H N5416'59'W 97.40' I n1 Ct s"e W'w Nw24'19-E Ll Nt}59'2]W "$ 0 i1 08w m 25 21.33' 19.>1' �L~ N53'32 m m 10662 n O 6 0 W Q p +? F J H N50Y4'19'W N62'S5'19 w u J 1n' J i J sW y o = 11204 101 34 z ,N N63'}269 $� 2(2c W ao of 0 4 �o ti C) �I r 14 h ��m N4B'•}3'}0•W, N6'09Ww 09- o W W Q 112. H' 00 }O MAN CII N6332'09 $$ 50 1152 m:(1 eM JN1 W NX ry 'Ow _W (R) _11_93 ixi. 1 N420 5 C4 1446Z'1199 n g ml N61'S2'09 w wg 105>2 e1 LOT 6 m 2 r„„ 9 I Mq ass "NOT r """ C5 - -h r 2 A PART" N46a3']o'w NszSs'19'w 1w.54 --yy-- 1s ,4n - N35Z0'S9_W SR1 u H 112,Stl' 33>' n`. N52Taa'41N1 SR�2 o y 77/ '4 N521J'S2'W W $ 1$ 92 ,x,p ti00 102,' y � � 1 ° • A257 �> R750. r 1 0 z. m 99J6 N489J 30 19_] io1 a1 (N51'a34d W J S?•�q�2K W 12238 L61 W B9J6 N625519 LOT aJ (N2JZ2'21'W, N" LOT 13 OPEN SPA CIE (2s357 "NOT q pART„ 0.01ACRESNET IF.29305-� MB 350/65-1, SEE SHEET No. 3 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 5 OF 5 SHEETS TRACT No. 29798-4 BEING A SUBDASON OF LOT 10 OF 1NACT MAP N0. 29305-1 AS SAOW BY MAP ON FRE W BOOK 350, PACES 65-78. IN=SW. OF MAPS, RECORDS OF FTK 90E COUNTY, CPLFORNIA. LOHR + ASSOCIATES INC. JUNE 2003 0 40 Bo 160 \ SCALE: t• = 40' 9E SHEET 2 FOR BA95 Of BEARING AND .� SEE SHEET 3 FOR ENGINEER'S NOTES. Oy5 "NOT A PART" lLOT 9 "NOT A PART" a Zp "�(N46S]'36'W 310.E5) LA2'Js ��l46's L =9D.0 r w .—_w WAY 26O J3' LOT 'O• bl (NS>'5559 w 1125ti) i I I V 'N46S>']6'W^�L9 NS]"SS'S9w 14.96'__ N w MI_0'_SB 2J• No V.' NOt SS'49• ^I L6 i� a S� R 30 00' nl R=530.0 d=IU 56'23' I n5]'S55a'w 11256' 2 L=>4.26. 16.To N575 59W9640)- n 21 d=O6'0,'a t" a N8)m.23 5 4p N40'34'OTC ' ( 19.42' m (N3R'45.5B•E) Ne6'S>'J6'w 'I40_0�5'4ZE LR) (53,9<) 101.&' 7.86' (� rJ nw N50_d6'iQW (F].f� 4 N55B'S0'W LOT 11 22 �I V 316' N il_9'3Lw LR2 "NOT A PART' n4 N56'2524'W 39 n� ry n"r (R)103.26 p O N59t1<26 W 23 .�O^ N62'11'2lW o1 m� 38 r7 � S N6T0941 m �ry F � m LRpOA. ,N2j°1�41 C27 (5'1.921 o��N N65,021 L26 37 3Y r6 r ( N6B=P� W 35i 1N� G n Y \ \OlA5 Z W W �10 s 36 w c Nam_ N60'2 = rNJ �f, \0\.56 _8 a � 1 N66RT5BW "I g4 w g� 26 mWy` r 35 g � W 14 nm Z N 0\ 9S n P1 z m N60'2T w x $i ,\69< �` 27 34 o�hN Z N60 oZ5B,W Z N6 13 C25 8'2 T5BW W �� 12AM � nN a pW, N]LZ]0_W LRL 28 33 a r W N510119? W L 1 .1. on N6B4O9 W 2 N52IZ21_W (R_L n o1, 93 ^ �$ 29 32 NW32 WWN59'47� r tOL55' / ��� ale \o9.! r fions'gw LRL' o Z r (sf nI m ry 1 r44_w LR; 30 3 z r oar 1-w C20 6 6301.E N59'32 U5 W 92.26 (N52'3639 N531Xl' LOT 13 LOT 46 OPE "NOT APART" NSPACEAREA 0.04 ACRES NET 6 49ag5' z a9s.g5 494BI w W W fn 5213 -W) W 9�Oy5��8 —jR�;So I �0' ITEM 5 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: 4William G. Hughes, Director of Public Works/City Engineer DATE: April 20, 2004 SUBJECT: Tract Map No. 29798-6, Located South of Loma Linda Road, East of Pechanga Parkway, North of Wolf Valley Road, in the Wolf Creek Specific Plan No. 12 EIR PREPARED BY: }Ii Ronald J. Parks, Deputy Director of Public Works Chris White, Assistant Engineer C1✓ RECOMMENDATION: That the City Council approve 1) Tract Map No. 29798-6 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. BACKGROUND: Tract Map No. 29798-6 is located within Tract 29305-1 of the Wolf Creek Specific Plan No. 12. As part of Specific Plan, Tract Map No. 29798-6 is subject to all Specific Plan Amendments and Agreements. On January 23, 2001 the City Council approved Tentative Tract Map 29305, on December 16, 2003 the City Council approved Final Map 29305-1.On November 7, 2001 they approved Tentative Tract Map 29798 with a phasing map and their conditions of approval which is a further subdivision of Tract 29305-1. Tract Map No. 29798-6 is a forty-five (45) single family residential lot tract. The tract is located South of Loma Linda Road, North of Wolf Valley Road East of Pechanga Parkway. The site is currently vacant. The owners of the property: Wolf Creek Development, LLC, A California Limited Liability Company has met all of the Conditions of Approval. This final map is in conformance with the approved tentative tract map. The approval of a final subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. The following fees have been deferred for Tract Map No. 29798-6: Development Impact Fee due prior to issuance of building permit. r:\agdrpt\04/tm29798,-1,-2,.map FISCAL IMPACT: None ATTACHMENTS: 1. Development Fee Checklist 2. Fees & Securities Report 3. Project Vicinity Map 4. Tract Map No. 29798-6 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 29798-6 The following fees were reviewed by Staff relative to their applicability to this project. FEE Flood Control (ADP) Quimby Fees Development Impact Fee CONDITIONS OF APPROVAL N/A To be paid prior to issuance of a building permit rAagdrpfl04/tm29798; 1; 2,.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO.29798-6 DATE: April 20. 2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL SECURITY & LABOR Street and Drainage $ 271,000 $ 135,500 Water $ 65,500 $ 33,000 Sewer $ 98,500 $ 49,500 TOTAL $ 435,000 $ 218,000 Monument $ 10,000 - DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due $ 0.00 $ N/A $ 0.00 $ 147.00 $ 8.00 $ 2,170.00 $ 500.00 $ 2,325.00 $ 500 3 r:\agdrpt\041tm29798,-1,-2,.map w U) U 3 LLI z Of a o c O d Q ¢ � M 0 n J ( ) � V' U w J 3 � E N ui OyQ� o� QQ o a ccn O W ' QQ o z o ry (� U 3 o 1 U 3y m Z J Ory y 14 8i°a 00 `o of �' a r o0 3h�+zWo W 8��wa«w £�� G�oQJrW F mcnmmoWo - m = "ozzw w zoa€ �m€mh b4 W ow c=i< K �apow�G= CJ k'o a'no�=o'< rcou K o�uom 8<g o z o ri' z z 0 0 LL a �g M U w CO zU g N W m Q oo M m u <a o N T VJ ups d' w 3 awo z� zIs €a3eem to �o��,a o „o cai ems" m �n ywp�p z <€£xFNo w Rya mm s5w5 x om�a aGW<m U J Z 0< YW.SV-r a W NV £ Gi -<"t�iSY ou m F _wttUQax mx m uaum S F Z = w m •mz zw u€ �ao�mJp n e1[LJ 3p. ° z �wow�3 i 'W`[W Z <N�Z wEV Ow O OziwtOj w3 ui-o3 Fia O�p US ¢ �,Yt WW O�aU F €s$'fi°N p£rc - o W Y z - 'p': Wu aWozwz x'a m moan �u� v Y Sa w �iCw�o za m0�� W �'rs Z - ='= a m i w `oo - < az F- uwFZ5w sw?� a w Z3u 23h�- zz�� o msd�� sw� ws<. a $< m Z m z z �� o xL�igi. I Nua w �W N pp„y $ 0 o8� z r ry p y�'yw KnIs ¢ W M E <' ✓, , Z taw 7U X g n 7a Z "yF S rc¢ �NZW o0 zi<3 ¢n n d d 9 c zz m m dp �ib�bi L� b zR Z�'-"a° w w o PoS"�g 0`:a$.j x x �mrcag 5; Ln In S 6 w 0�6� W �€T.l tWil lWil �8 3_ II Nrc Z D Q¢Z ea ZZO a -a xZ, 11 I U 0, aN� 4 I � _�_�-_ OV08 A3llYN dIOM _________-_�• R o \ O i nZ 4.1Li H CO <J = W O I O __ I i"i u ♦AJ > n Q� mW � � s� I -I I� I I � � CO. ti _ o } I � •, m F /� i I �i L � \ V Ra J /r _"_-� ��_N..M `pm•� .o � �� � �, � II r l� r Hodnd N E a. m I:(u8111 <w C J z _ y �l l 0 - __.--L_— # »--+ I I Ln .aereL.-omos Bm� o .Ji°6 W Pu _69%o�R6�S F. i 1-m1- k'W - r `� RE sbis pq Za WY�D cam gggq� 1=4 'D III do '1 CORD m»8 z 'Lqf--S p 00 lei" n' �g ' v,8, Soli Sb /GOi d.l ••%tom.... -'/ `\'d'r�..J�9,: n.0 Ed �s � zg \\o�b\o %al,�i •\ ~ICI � I I`� s ollol l 0 �y SHEET 3 OF 5 SHEETS IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT No. 29798-6 BEING A SUBDINSION OF LOT 6 OF TRACT NO, 29305-1 AS SHOWN BY MAP ON VILE IN BOOR 350, PAGES 65-78, INCLUSIVE, OF MAPS, RECORDS Ci RIVERSIDE COUNTY, CAUFORNA. LOHR + ASSOCIATES INC. JULY 2003 BOUNDARY SURVEY MAP ENGINEERS NOTES (N� ❑ INDICATES 1' LP. TO BE SET KITH TAG R.C.E. 205". RUSH V PER M. N0. 29305-1. M.B. 350/65-78. INDICATES 1' I.P. TO BE SET WITH TAG R,OE. 20508. RUSH PER TR. NO. 29795-2. M.B. 351/89-94, Q INDICATES 1' I.P. M BE SET WITH TAG R.C.E.205DB. RUSH 0' 100' 202' 3M' 400, PER TR. NO, 29798-4, M.B. _/_-_- (R) INDICATES RADIAL BEARING. SCALE: 1' 100' 0 INDICATES SET 1' I.R. RUSH, W/TAG A.C.E. 20508, UNLESS OTHERWISE NOTED. IT INDCATES RECORD AND MEASURED DATA PER M. NO, 79305-1. SEE SHEET 2 FOR BASS M BEARINGS. M.B. 350/65-78. MAP LAYOUT SHEET AND i)ONITY NAP. R2 INDICATES RECORD AND MEASURED DATA PER TR. NO. 29798-2 M.B. 351/89-94 R3 INDICATES RECORD AND MEASURED DATA PER W. NO. 29798-4, SET 1' LP., RUSX, TAGGED RCE 20500 (RIV. CO, ME 'A' ( �� ��6�V �' TR 2D30" /' NO AT LOT CORNERS AND ANCIE PdN15 IN LOT LINES, OS\�sds�i� UNE TABLE A ONIFn OTHERMSE NOTED. f, s. f NiB. 3$D/BCT'7Bj NUMBER DIR N DISTANCE la Pp°S Qf`gp O!R� L1 N52-27'60'E fi61] Rl SET NAIL AND RC.E, TAG IN TOP OF CURB ON THE PRQONGATON W THE SIM LOT LINES AND EC.'5 AND B.C'S S�OG1I L2 N➢I5'12" 62,64 RI PROACTED PERPENDICULAR OR RADIAL MGM PROPERTY UNE s'22 '!`I L3 rva}'022s E 92.29 R1 (RIVERSIDE COUNTY STD. TYPE'E') 90o \ La I N43'0Y24'E 1 9229 R2 ALL MONUMENTS SHDMN 'SEP SHALL BE 4i IN ACCORDANCE I LS I 437151 115.21 R2 WM THE MONUMENTAMN AGREEMENT FOR THIS MAP, UNLESS OL2 \Y OTHERWISE NOTED. [` OO Nt9'S2'34"W 6a 55' RI All GET i PER RIVERSIDE COUNTY I ORDINANCE 461.9, N63'1511'E ` R _0910 45'W_(R) .' THIS MAP CONTAINS 1D.56 ACRES GROSS 10909Y. R2 -T G/ NAB'IB't 3'W 68.Q Ft THIS MAP CONTAINS 9.SH ACRES NET b-L-120"164? R ' 24 T 1. RZ MAT THAT SHOWN AS L=1164Y Rl. R2 �(l 1 'N07NOT is CONTIGUOUS 'NOT A PAFT" IS CCNIICUWS JaVQ S C OWNERSHIP AT TIME OF 3/�O \ Na3'OY' C RECORDING a 1H15 2 7 MAP. 111.79' R1. RI TR 2D7D&2 30 TR 2D306-1 21 \ MB. Rl, P-04`\ NOT APART- Na657'36'w Rl. R2 \ 'NOT A 00 PART" 60.00' 2D 4 h 22 SE HEEi \.9.j,9 31 Ze .," 19 23 y 9Ja, 32 \ 6 ,C. 24 iB os\9L Is ° .ct• \ ro `� 17 '✓'\ 7 SEE SHEET, 2 �'� 45 25 � sk / ( 44 \ 16 8 \ 25 \ ♦ Lj \ \` G j 43 \ t5 \ 9 m�'�e 27 ` 42 i_ d 9R 14 \ 10 � � 6 TR 2070E MB, 13 12 �^ e' `` 3 TR 201 2 ma 32 Qy' A .W .` 1\ t 33 n 2 TR 2030Cr MB. 3.30/00-78 NOT A PART' IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 4 OF 5 SHEETS TRACT No. 29798-6 BEING A SUBDIMSION OF LOT 6 OF TRACT NO. 29305-1 AS SHOM BY MAP ON FILE IN a" 350. PAGES 65-78. INCLUSIVE. CS MAPS. RECORDS OF RIlERS1DE CWNTY. CAUFORNA, LONR + ASSOCIATES INC. E DATA NUMBER NB6W't9INACTIONW ) ]2 STAKE LI N43tl2$ B2.29 FIT CO 9K DATA /1` O SIT41'05f j NUMBER BELTA 4NGLE RADIUS IAflC LENGTH ` \/� IF n 01247- 3UU.U0 I0564 IO )` Pe C2 61 4' 3• 3D5.00 32,67 r 3 qh \6 C3 8'20'26' 1 300.G0 1 43.67 P1 pA r, �f A °O\N65\5\,C Shj1\o\ ,, P`\°PM1 \V h\>00.1 \09669 ° N a 6 ,.3 G�ae°06 ,D o Nt 21 `✓ 2M1 \�° E oe O � � PM1h 5 vL /,� lPl �,of P J° \ o` e9S -00 �\ 22 °°O °O• °9 J� J I P NG6oS44"w , 3-1e-q,2 � SIBS' °ryM1. s' e s 19 23 °o 45 Jp %L 24 8, JULY 2003 2113' ls 40 1 SEE SHEET 2 FOR BASIS OF BEARINGS, MAP LAYOUT SHEET, AND MCINITY MAP. SEE SHEET 3 FOR ENGINEERS N07S. P 2F J/ ✓ HO SAX tisi .eJ Hg, / c� sy tJ 2 e \\ .°hy° SR JR/ J_ 3 oh° ✓ 141 `Tp F S S °M1 s `Oh 4 i 5 +yp \ EO 18 9 Esc. aA 25 17 0}9 \ EJ I 44 s� 26 16 �s �oo �. o 43 oT 27 w / s M1; w JeE 48 90 J. ,p ry \ y 41 EJ s° 29 P 40 r M1a 39 �� J AV s. r/� ✓�\ M1 A, \v° 38 6 P 37 A°5 \\\ 36 w w 15 _^ Vl w w X u� 30 , i ' J02 SE, �r f � s IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT No. 29798-6 BEING A SUBDIN90N OF LOT 6 OF TRACT MAP NO. 29305-1 AS SHONN BY MAP ON FILE IN BOOM 350. PAGES 65J6. INCWSINE. OF MAPS, RECORDS Of RIVERSIDE COUNTY, CAOPORNIA. LOHR + ASSOCIATES INC. SEE SHEET 2 FOR BA45 OF BEARINGS. MAP LAYOUT SHEET, AND MOREY MAP. SEE SHEET 3 FOR ENGINEERS NOTES. maYE DAlA NUMBEa DELTA ANGLE RADWS ARC LENGTH P 1V001' 1500.00 43.6, MTABLE NUMBERDIRECTION DISTANCE 4322 N51'39'35W 47.64 JULY 2003 5 0 \A"\ � 2 29 o ti� co 30 or\ G hti 39 oO6J. \1 4 Pi 38 z 37 .F6M1e.o <: 14 ; a, 57 OJ p�0'S93°— :,, 13 s ' VY >s a ry M 12 �6. O3, 2 31 08 �9s°w 32 ,o �90 J50 yN Ay�Ary.f,ry CP 33 i°M4 ytiih 34 (5-) ti eM1y/PI Py pPP< �C) C`\ SHEET 5 OF 5 SHEETS E OPEN SPACE AREA 0,05 AC. NET uIl F /m ITEM 6 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: tv k William G. Hughes, Director of Public Works/City Engineer DATE: April 20, 2004 SUBJECT: Tract Map No. 29798-7, Located South of Loma Linda Road, East of Pechanga Parkway, North of Wolf Valley Road, in the Wolf Creek Specific Plan No. 12 EIR PREPARED BY: t'f' Ronald J. Parks, Deputy Director of Public Works Chris White, Assistant Engineer Cyi RECOMMENDATION: That the City Council approve 1) Tract Map No. 29798-7 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. BACKGROUND: Tract Map No. 29798-7 is located within Tract 29305-1 of the Wolf Creek Specific Plan No. 12. As part of Specific Plan, Tract Map No. 29798-7 is subject to all Specific Plan Amendments and Agreements. On January 23, 2001 the City Council approved Tentative Tract Map 29305, on December 16, 2003 the City Council approved Final Map 29305-1.On November 7, 2001 they approved Tentative Tract Map 29798 with a phasing map and their conditions of approval which is a further subdivision of Tract 29305-1. Tract Map No. 29798-7 is a fifty-two (52) single family residential lot tract. The tract is located South of Loma Linda Road, North of Wolf Valley Road East of Pechanga Parkway. The site is currently vacant. The owners of the property: Wolf Creek Development, LLC, A California Limited Liability Company has met all of the Conditions of Approval. This final map is in conformance with the approved tentative tract map. The approval of a final subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. The following fees have been deferred for Tract Map No. 29798-7: Development Impact Fee due prior to issuance of building permit. rAagd rpt\04/tm29798,-1,-2,.map FISCAL IMPACT: None ATTACHMENTS: 1. Development Fee Checklist 2. Fees & Securities Report 3. Project Vicinity Map 4. Tract Map No. 29798-7 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 29798-7 The following fees were reviewed by Staff relative to their applicability to this project. FEE Flood Control (ADP) Quimby Fees Development Impact Fee CONDITIONS OF APPROVAL N/A N/A To be paid prior to issuance of a building permit rAagdrpt\04/tm29798,-1,-2,. map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO.29798-7 DATE: April 20. 2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL SECURITY & LABOR Street and Drainage $ 227,000 $ 113,500 Water $ 72,500 $ 36,500 Sewer $ 90,500 $ 45,500 TOTAL $ 390,000 $ 195,500 Monument $ 12,000 - DEVELOPMENT FEES City Traffic Signing and Striping Costs $ 0.00 RCFCD (ADP) Fee $ N/A Development Impact Fee $ 0.00 SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due $ 156.00 $ 8.00 $ 1,850.00 $ _ _ 600.00 $ 2,614.00 $ 0 3 rAagdrpt\04/tm29798,-1,-2,. map w U) a U (� 3 Y a a W � z � I Q Q a `--� L `o ' V / U 3 L1 0-) U -Jy LLJ IL Ld cn a 0 ix _0 o z z � a U U Q 3 m / U _r 3y m Z � Q J r O y Y 6 14 W i Y =fi 'Fff il zw� 6w¢ =pe g§.#ew,� , :W 1011 op � F e3e�a€o;gS �aa w �S„fin �� €I.� a� g.a "g s"aeo'oEwa€ z cgGs W .gig" y ,o3c=.. e w 3==_€ s g @ 3i 8a xN" b'" Z 1 9; d °3 u w g w ^€_�€ a. 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O IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 5 SHEETS TRACT No. 29798-7 BEING A SUBgN51LN OF LOT 5 OF TRACT NO. 29305-1 AS MOM BY MAP ON SITE IN BOOK 350, PAGES 65-7& INCLUSIVE Cf MAPS, RECORDS CG RIVERSIDE COUNTY, CALIFORNIA. ENGINEERS NOTES LOHR + ASSOCIATES INC. JULY 2003 0 INDICATES FWND MONUMENT AS NOTED HEREON. BOUNDARY SURVEY MAP D INDICATES 1" I.P TO BE BET MTH TAG R.L.E. 20500, FW41 ICI PER M. NO, 29305-1, M.B. 350/65-78. N INDICATES 1" I.P. i0 BE SET MOH TAG R.C.E. 20508. RUSH PER 1R, NO. 29798-2, M.B. _/ 0 INDICATES 1' I.P TO BE SET MTI TAG R.C.E 20508, RU54 \ `<` 30 ' 0' 1C0' 20G 3W' 4W' PER TR. NO. 29798-4, M.B. _/_ �` (R) INDXCATES RADIAL BEARING. TR 29798-2` \ O INgCATES SET V LP., FLUSH, ./TAG R.C.E. 20506, Me. \ ;\" SCALE: 1' 1D0' UNLESS ONMRMSE NOTED. 31 1 pF' L ✓✓✓—//// RI INDI CAMS RECORD AND MEASURED DATA PER TR. NO. 29305-1. M.O. 350/65-78. / 1 R2 INDICATES RECORD AND MEASURED DATA PER N. NO. 29798-3, `� \Q j M.B. J= RJ INDI RECORD AND MEASURED DATA PER 1R. N0. 29788-2, ` \�J? ' 45 i ``I \ 26 MB. �_ , , I A fl4 INgLAIES RECORD AND MEASURED DATA PER IN, N0. 29798-1. `. (A i i ` SET f I.P. FLUSH. TAGGED RCE DOSES (RIV. CO. TYPE 'A' (G4J \ `�� \�` �\ 43 MON.1 AT LOT CORNERS AND ANGLE PM1TS IN LOT UNES, MILE oTHERMSE NOTED.\9y� 42 . SET NAIL AND R.C.E. TAG IN TOP OF CURB ON THE Pfl0.0NCAPCN \ ) `� V ` ' ` OF THE SDE LOT UNES AND EC.'S AND B.C.'s PROJECTED ` \ ` �< TR �QD'OB-�"� \�O �28 / PERPENDICULAR OR RADIAL FROM PROPERTY UNE 44 l \ y �T9 i 61 C `` f (fllvERvoE couNn si0. TYPE 'E') ' / / g7` ` ? \O 20 ALL MONUMENTs SHOWN "SET' SHALL BE SET IN ACCORDANCE ` Na403'29-E \` v'lyl,f3, MTH THE MONUMENTATCN AGREEMENT FOR lNIS MAP, UNIESS J / `Rl,R2 0h `H V `� I , 4D ' `` MHERMSE NOTED. 45 A a'I F . .� T \ ao ALL MONUMENTS SET PER RIVERSIDE CCIWn ' / /� gg ` ORDINANCE 401.9. 43 31 fi479'E RI11111TT INDICATES RESTRICTED ACCESS DEDICATED HEREON. ; / 7]2h0' RI,R��l\ s 4\ ' 9B �' �\ \ \✓ THIS MAP CONTAINS 9.82 ACRES GROSS r 2 \ THIS MAP CONTAINS 7.0 ACRES NET . 47 V2c..' 184 ,V�+ SEE EE;r 4 SG4 °6'\�Cn/r N` ``\ i a7 i' V \\V� y(jj[L MAi PORTION $HOYM AS "NOT A pAR1• 48 ' rP� ?�P� / 52 y q ` O `� ' 11 I 2a IS CONTIGUOUS OWNERSHIP AT TIME OF Q p J ,8B l i RECORDING OF MIS MAP. TR 20708-3 4D IJ3/s 51 P ` P \ \,\ DRAINAGE EASEMENTS A,18. �i> �S7.J0' Rt: ]` 4 / `�� \AfO. i ^`NIB 2 SHALL BE KEPT FLEE OF SD `i y41•01' 3 39 \'.(N\ J 4 / BUILDING$ AND OBSTRUCTIONS 51 I\ '37.0,%RR2` 82 5 / 40�8`y`� a4 j > ylz9s4"eI 81 / 54 52 N % /"sy,r RLR2 49 °� . `� ! /gyp \pI I 1�\ 80 Pti 6 /-0 41 53 60M1ti oDP ] o� 42 36 ocv. 4] � SIv ' ✓� y.,� A's. `n�- 8 43 3] ft rv$. a /<\I T B. 3350/ / 57 9 Gj� 46 36 ti o `\4°�s (I` rvI 85-78 44 .Dg1A5 A P. P` I I'NOT A PINY `�\�O "'4ti T1 T6 9Y'"� '••pJ 34 \ 12 ry EE0 v'SH T 5 T] T 1 15 N w 9L .'Rf i6 19 y0 32 \µ�`N N37'23'28'w 15 20 p�� Z"'9ry r��ACL.r 41.oa' R1 `T` }1 1` Cq, `�N1rsB 00 IN Ta 21 /12 a4i � H. W- 11 12DoRI e 22 � JO �p 7R 20S05.1 'so . A MB. 350/85-70 23 29 b� 'NOT A PART•• 24 28 .cP 2 ^,� 27 CNEY' DATA \ Q r3} NUMBER DELTA ANGLE RADIUS ARE LENGTH � 994C \` �y `Tj CI 6'46'48' fo00.00 118.34 R3 S PeP�n "9A\\`NV °9n 26 N➢'48WE 5527'R1 C2 10*1413' ll2.00 20.01 11 '9 \ K 25 C3 39'38'10" 580E .4012 IN N35'S5'54-E 59.52' IN C4 617'03' 11448.0E 1 158,62 RI O `NJ-6qry.- a`T° N5DC5'55'E 60,43' IN q zy"CW �``\ 'MOj i3`\ TC S.D. MAINTENANCE AREA$ �s s US\ LOT rv0. S0. FT. ACRES 9PJ 54 825 0.02 Psi V EASEMENT NOTES IQIN.CATES 26 WDE STORM DRAIN EASEMENT TO THE CITY OF TEMECULA DEDICATED HEREON. ©INDICATES 20' WDE SEWER EASEMENT TO VE EASTERN MUNICIPAL WATER DISTRICT DEDICATED HEREON. IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 5 SHEETS TRACT No. 29798-7 BEING A SUBdNSION OF L07 5 OF TRACT NO.. 29305-1 AS SHOWN BY MAP ON FILE IN BOON 350, PAGES 65-M. WC-U4K. OF MAPS, RECORDS OF RIVERSOE COUNTY, CAUPORMA ENGINEERS NOTES LONR + ASSOCIATES INC. JULY 2003 • INDICATES FOUND MONUMENT AS NOTED HEREON. BOUNDARY SURVEY MAP I� 0 INDICATES 1' I.P. TO BE SET WITH TAG R.C.E. 2050A RUST L l PER MN0. 29305-1. M.B. 350/65-78. - INDICATES 1• I.P. TO BE SET MTH TAG R-0.E. 20508 RUST PER M. NO. 29798-2. N.B. J--_. i 30 / O INDICATES 1' LP. TO BE SET WTH TAG R.C.E. 20508. RUSH ` 0' IOV am, 300' IM' PER M. NO. 29798-A, M.B. J= / (R) INDICATES RADIAL BEARING. TR 2EY709-2 ` \ SCALE: 1' a 100' O INDICATES SET Y LP., RUSH, W/TAG R.C.E.20509, , 22 UNLESS OTHERMSE NOTED. RI INDICATES RECORD AND MEASURED DATA PER TR. NO. 29305-1, �`� Q� `Y y3 Ms. 350/65-75. R2 INDICATES RECORD AND MEASOREO DATA PER TR. NO, 29798-3,As ,D` R3 INDICATES RECORD AND MEASURED DATA PER M. NO. 29798-2. \� ' 66 44 Rd INDICATES RECORD AND MEASURED DATA PER M. N0. 29798-4, `. \f / / ` ` M.B. J A. �L \ `j i SET 1" I.P., RUSH. TAGGED AGE 20508 RV. CO,TYPE •A• /Gdi `A�`. as MEN AT LOT CORNERS AND ANGLE POI IS IN LOT UNES. \ ((.` (` 42 ��S�` Zl ON OTHERMSE NOTED. 1/ SET NAIL AND AGE. TAG IN TOP OF CURB ON THE PRaCNGATON �' TR ,2 DD, \CG \ 28 OF THE SIOE LOT UNES AND EC.5 AND S.C. 'S PRQIECIED I ``` ` 0Y PERPENDICULAR OR RADIAL FROM PROPERTY UNE ) / \ ` r / dl / (RIVER510E COUNTY SM. TYPE 'E•) / // 6'/` `�2y q `� T \COG" 20 ALL MWUMENTS SHOWN'SEr SHALL BE SET IN ACCORDANCE / rv44'0}'29'E P'}5` WITH DIE MONUMENTATON AGREEMENT FOR THIS MAP, UNLESS j / 7�9.R1 60 1 T OTHERMSE NOTED. ` hh N ` `` `( 1,\ � \ 80 ALL MONUMET PER IUVERSME COUNTY / / A Be \ 5 ' 80 ^'\ `\ / ORDINANCE W.G.N+1�`I M]154'39•F 1 `hO ?0.` \, , 1 a] j(WTMj INDICATES RESTRICTED ACCESS DEDICATED HEREON. 48 / i 7A �" /h0 R11.R v 59"�`'c\`� ' 8B /' \ '`✓ a2 THIS NAP CONTAINS 9.82 ACRES GROSS ai 1 7 / I-- 2 y R \ "� ' T115 MAP CONTAINS 7.08 ACRES NET GCV. / '� SEE EE4 4 k>g^'��F/r al i � 1 ��l NOTE; THAT PORTION SHOWN AS 'NOT APART" 48 vQ� Iiryp'N / 52 �ea IS CONTIGUOUS OWNERSHIP AT THE OF Q ` `R 3 1-1 `�L Be RECORDING OF THIS MAP. B3 p �� CS TR 2moe-3 aD `,• D' sy,, DRAINAGE EASEMENTS M,B, i /57.}9 Pl q2` 4 \I%, i \ J^`V4B SHALL BE WEPT FREE O 60 'aY 10 / 39 BUILDINGS AND GBSTRUCTDNS S rry�.YTI ` 82 57 `: 'S7.o*%R1.R3 5 40 \ >� i ym929,34 62 `✓/ siyut R1 Rz` 6 49 41 63 'O�'\� .t \ 0� .� /•0 48 / 7 / O� 42 / 38 v °J.P " Q\,P/ 13 `54 i/4Y• `` ��SB`;piP" g 47 / `✓ 5.,/ a, �. p3 37 360/ 46 / 36 °.ti \ T66-70 44 / .51q ; q$. . V`'NOT A PARr `\\7y0 ''he° 11 18 9L'�O Ot'OJ 34 EE 33 5 1J `Gl / 33 3 R1w flL 31 / 16 19 JG 32 C2(V y,y0 5 xJ `5.. `. a372328-W 20 p� 2�e yB 1.04' RI p 14 21 f 71 12 `NI2'58'22'E (R) 12.00NI 13 P2 / 30 TR 2D305-1 M.B. 350/86-78 23 j 29 'NOT A PART" `�Au �v i 27 cuR�2 DATA 53 NUMBER DELTA ANGLE RAOWS ARC LENGTH cl eafi'w' 1000.00 na.x R] 26 N37'48'36'E 55.27' RI C2 I IDTC13' 112.00 1 20.01 RI C3 1 39'3810' 58.00 1 40.12 R1 410Cf R$�OCIq 9'QjrL tfib• 0 25 N35'5554 E 59,52' R1 C9 61703• 14+8.00 150.82 Rl 63 f f1�4C3N ` 9}\` P/ N50-0555-E 6043' RI b'R RtgO� 9 q0 q`� i.CS. D. MAINTENANCE AREAS >9Jps� J9 JJf N\ LOT N0. SO. R. ACRES 54 Bz5 0.02 \` EASEMENT NOTES 1Q INDICATES 20' WDE STORM RUIN EASEMENT TO THE CITY DF TEMECULA DEDICATED HEREON. ZilINDICATES 2D' AIDE SEWER EASEMENT TO ME EASTERN MUNICIPAL WATER DISTRICT DEDICATED HEREON. 7 17 In I- LLJ w DET = OT V/ IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 4 OF 5 SHEETS TRACT No. 29798-7 BEING A SUBdN9W OF L07 5 OF TRACT NO. 29305-1 AS SHOWN BY NAP ON qL£ IN SOOK 350, PAGES 65-711. MLlUSIK. Ci NAPS. RECORDS OE RIVERSIDE COUNTY, CAUGORNIA. LOHR + ASSOCIATES INC. JULY 2003 ' \ .� \1n 40 D 40 60 .19�P J \ / J j P �� me 1"- 40It A. TR2078 , yry 04 ; 0 r � ~ v 2 ;; O S 90. oy J/1 rvO�Q b °0 $ h h,p'oby � 8 (ebb>• 52 \ v \�g6 3 \ (eW9, SS \ dJJ \ v/JN 37 "3 39� '>h `` Hsi ( :i•' n" a b' w'o %. 7^- `o°sus 4�Lt � ssp (�t. 4 if \h9'J(. 0q 50 J°' S?l� }. 5 ^. s z� � o rys° 40'9� Jw a°b �v\ n '0J>z. 'c° 49 a( h'Sy0 +b�\. : �° °° �'�• 41 R c,>s nv \� lel �^ �° as. °' %J°o w All 6 g v M1^ O ovrh ,0?46 pb ^ w " to i�sbq� � \ . o,, o,sb Jo.9°eo pen^ •" : y'^.o Jg'o4 2� /� oaJ e4po°° v 2^'h }ry 0.48 r°^rv^"O°yb yr' °j6j "�42\\\ " BOJ\\y)\JD 38 p h a„ o rh, , 47 10. D 9 \\ ° `t° *oG0 °9h6 w 43 46 1144 tih " �Oh ¢^J�✓°'4 .O Op'aa„'a V4 \ '] 0.1 b SJ°°' e°�pG• ���=7'I'p g :'SOJJ, 36 p051�`O 35 h.e '0.0h, / n w'g b % � �' 34 r o JJ, 2 � - � - nn eh Tyxe�Ol, y V 6° ° °ti '29 3, � J.',/ J a (.a' nh`^,� 19 /Pl O '�qh J�O \ ONp °� °Ey 'NOT A PART' AIL A O` O �. (< °T°. �; 32 9rv�� LINE DATA DIRECTION TO 5\E 20 py0 ' \\ ° O> p U'*4. ' 0.°ly p 2h NUMBER ORECTbI DISTANCE °. .(�. ,h O° a $J p N8T4]'M'E 18.61 p 'l�s 6 n,° a (a�e. °°°. 2o.'S{p L2 N43'Ib0'E I18.92 /nh°^ pO 54 S.e ~ '3i S °?SZO S ey.. [c.� J>,�a,• c, /e ��p� }�� ry C2NUMBER 9 30 � 29y°-Oo -g'+O� Xw� h, 5c SPACE) AC. CURVE TABLE OELIA ANGLE RAOIVS aqC LENC2°31I O'L'49•t44B0019.]2 ]B96'O' S0.00 68.20 4'04'12• 9]0.00 58.90 C5 5340.- 530.00 51.54 C6 5'34'20' 00.00 45.71 07 4'40' 630.00 41.36 0 40.15 350'04' SOO.0 OIL 1'2631 1000.00 25 V C12 33i4'13' 50.00 20.28 013 552'1 ' S0 W 5.12 C14 1;'22'1. SO. CO t5.I6 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 5 OF 5 SHEETS TRACT No. 29798-7 2 BEING A SUBDIN510.4 OF LOT 5 OF TRACT NO. 29305-1 AS SHOW BY MAP ON FILE Ab yb W S IN BOON 350, PACES 65-]4 INCLUSIVE OF MAPS, RECORDS OF RIVERS0X COUNTY, CAUFOR.N. N69.2a 19"E s6y zszB' 4/ LOW + ASSOCIATES INC. IULY 2003 I a ry ti/ 3 I I I y s2a, °j i �yj I Js" Na4za19'E y/ ill 21 it rya \ I s> JS s I '' �' II 40 0 .D e0 / L.L DETAIL "A" � = 2511 NOT TO SCALE CURVE DATA NUMBER DELTA ANG RADIUS I ARC LENGTH Cl 44'51'25' SOW 1 3915 Cz 1'263Y 970.00 2441 C3 4T4'12' 9]0.00 56.90 Ca 5'34.20' S.HLCO 51.Sa C5 5-34.20• 4I000 a5.]I ce 3-45'4IY 6N1.00 4LJ6 C] 350'04' I6N1.00 4116 C6 3'50 Oa" 60O.W 4D.15 C9 101H'IS t00.W 1LBJ C10 135'+4' 6]V.CO 03.52 C12 29'3H 32' 50.00 25.61 C13 15'16'5r SO.Op t1.N �S• �l \ 1A P s 6 i / v 9 9 J P a \ T a ti ry 47 R 07 9,3- - 3 g ,�\..46 jLa?y' C' y'i � F/ ass n f,l "i�3 abl\i % 2 \ R'L iS° 10 J `E, Q.P OO /y Bb•, e\ N Ov J [>d 6ry0tiE /< yP °gyp. 18 `' k O p p \\ °�a °° h k 51° qJ �•✓ ry °j AV/sJ e 06, 1 7 >p 12 ss, /')` J1.N6T45'36'E yyl 4, $.'i.M1. s 10 yry k\�., c.>b�/ ]508 \ Jy 16 bby,p'1 G" 1 NJ 3 O°eI,J + �. ° � J,S• h '°op. 9d'. e Po. 1-, 01413 20 J. 15 '', N � \ LT----20'O o s ss ra k / V 31 si P' � (°s`a. 2J h \J h 4 i &>J. °° .•Q L-40 z' Rl t�.05 rp °\ab s. Y J. ?o- hh�° >y. 21 NI2"55'22'E 12.00' Rt (R) o��p 69tr. \�.. °Ok `&. by SSA/� & ?s. 30 22 y,> y°. r° ° R, z�>J;,Y J NCI a .a 23 9 29 J 9` �y �� \ k>p � hb NSJAhJ�4 N J a O h �k 5 B9 O J y°O /\ p ��.\PW s'Y. s. .�6-.�, \ ,� 28 gpO e 24 �l� A53 s °L�z;� °s�q�a. \ \ Gt 1 (OPEN SPACE) 4(h iSJ. aUa� °pk \^J 9 0.02 40. J3` p� 9 P.c. 4 y�, 'NOT A PART' qn Z k a25 P, h9.' -12 LINE TABLE R•G, NVMBER _ LpIRECTO015TA..C E tl NB]i]aaE 6.61' 3 2617' 5664 LJ H21]4GE 309 La 2817 10'E 27 92 L6 NaJla sz'E 19.00 L6 Na31. E ]0.00 \\ '_] NIS'J1'00WE 18.92 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 1 OF 1 SHEETS TRACT' No. 29798-7 BEING A 4JBDIASION OF LOT 5 OF TRACT MAP NO, 29305-1 AS SHOWN BY MAP ON nts IN BOOK 350, PAGES 65 78, WCLUSIOF, OF MAPS, RECORDS OF RI E SIDE COUNTY, CAUFORNI, LOHR + ASSOCIATES INC. DULY 2003 j 0NMRQNME4TAI CONSTRAINT NOMS, BOUNDARY SURVEY MAP 1, THIS PROPERTY IS LOCATED WITHIN THIRTY ISO) MILES OF MOUNT PALOMAR OBSERVATORY. ALL PROPOSED OUTDOOR UGHENG SYSMMS SHALL COMPLY WITH THE CAUFORNIA INSTITUTE OF TECHNOLCGY, PALOMAR OBSERVATORY REMOMMENDATIONS, ORDINANCE Na. 655 2. THE WOLF CREEK ENNRONMENTAL IMPACT REPORT (DR) WAS PREPARED FOR `C 30 , 0' 1W' Y00' J00' .CO' THIS PRQ£CT AND IS ON FILE AT THE OTY OF MMECJIA COMMUNITY \, `�� / DEVELOPMENT DEPARTMENT. SCALE: 1' 10V THE ENNROIMENTAL CONSTRAINT PURPOSES D SHOWN ON NITS `/ MAP SHEET D FOR INFO AN IS NOT IS DESCRIBING AFFECT 10N5 32 /��' AS OF THE OATS OF FlUNG. AND IS NOT INFORMATION IS OED TO AFFECT ` RECORD ERE INTEREST. THIS.ADDOESIS OERINEO FROM PUBLIC RECORDS S REPORTS, AND DOES NOT IMPLY THE CORRECTNESS OR SOF TAS M O' HEFT. RECORDS OR REPO3T5 \ ^ / BY ERE PREPARER Di THIS MAP SHEET. \// � A t`\' O `.2B✓ T�,�vd 0e� z j i � �sz 9.\ A . \CO`✓ NSC3"29' 7�.Q2' R1. 46 / tiR • �`< �� \\�Bl CUR- DATA NUMBER DELTA ANC1E ARC RIDADNS '<' N.M 118.N R] N}15(39'C 7'20IRIA CR 1 tl'IY 1i200 20.01 Rt �` / /3 i � � 2 C. n' 1AAe.aD 158.62 RI 49 ; 52 TR 207DO-3 �83 as a0 0 18 //1 R , a / s1 \ti �: .\3a�618'F/57. 9' R1, R2 j `p$I0vs`9'E siO9'.ki, aT 82 SD � 5 40 \' J 62 w�'3�i/.D�1RI. R / 49 54 III " - . 80� 63 &� �, < 60 Cl .` 5M1 I\9E`'L 7 OA 4/ 3B q: J. /" fi4 i/!�'P i. 68 ? P. /� 2 73�p �`,'IrvsgaS'A ,r!fiva`q sl, Rz �• B Q 43 / 37 z $n°a. TR , 35OJB7 e� N T A PA MH6 < rp,,',� 50' pah 10 / ly�0 45 .0 35 00`.i; 11 ¢�� 1B 9Y'"ALO O1 'GGJ 34 o�p9,:hR q\ \\ P`� 12 / 17 D�' N<131'01'W \ , L / 16 19 c• /JG ` PF, 3115RI C2 20 cq, anw3 PIw J\/ N12S8'22-E (R) 14 21 12 12,00' RI P2 / 30 e` TR 20306'1 13 23 / 29 h"}9 MR 360/66-76 'NOT A PARr 4,P A R°P 24 / 28 y+ Ina 27 t•�� \ 9� 0.y 53 w C o N/qp� Ns°,s 26 N37'4e'36'E sszT' R1 25 N35'5554"E 59.52' RI /�`�R�°(f. N50U5'55"E 60 <3' RI 42yJCQ \\ Apt,' Yglf V.WEY ROAD PwRP Obj 4M, DEER Houow RANI..W CANYON ROAD VICINITY MAP BASS OF BEARINGS 1HE BASIS OF BEARINGS FOR THIS MAP IS THE CENTERLINE OF PAN ROAD SHOWN AS N47' 5' W. AS SHOWN ON RECORD OF SIR-Y IN RECORD OF SURVEYS BOOK 1W PAGE 28, RECORDS OF ME COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. RnnV T DAr_C 009 ITEM 7 APPRi CITY ATTORNEY DIRECTOR OF FII CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: r4william G. Hughes, Director of Public Works/City Engineer DATE: April 20, 2004 SUBJECT: Temporary Street Closure request for Easter Seals Walk-a-Thon in Old Town. (Old Town Front Street, between Moreno Road and Second Street) PREPARED BY: � yRonald J. Parks, Deputy Director of Public Works teve Charette, Associate Engineer. RECOMMENDATION: That the City Council deny a request to close Old Town Front Street, and authorize staff to work with the applicant to identify an alternative location for the Easter Seals Walk-a-Thon event. BACKGROUND: The sponsors of the Easter Seals Walk-a-Thon event had proposed to close Old Town Front Street between Moreno Road to Second Street from 9:30 AM to 11:00 AM on Saturday, June 5, 2004, the same weekend as the Temecula Balloon & Wine Festival. The temporary road closure would have allowed participants (children and adults) to walk along Old Town Front Street from the Stampede Restaurant at Second Street north to Moreno Road and then east to Sam Hicks Park for final ceremonies. Motorists would have been detoured through Old Town via Mercedes Street. However, the Old Town business community has previously voiced concerns that special events requiring road closures along Old Town Front Street negatively impact their businesses. As a result, the City Council has agreed to limit the number of such special events to four annually (two Rod Run events; Street Painting event; and the 4"of July parade). Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". On September 10,1991, the City Council adopted Resolution No. 91- 96, which provided standards and procedures for special events on public streets, highways, sidewalks, or public right of way. While a process was established for reviews and approvals, no mechanism was provided for delegating authority to temporarily close streets, or portions of streets, for these special events. Based on the City Council's previous direction to limit the number of street closures in Old Town, it is staffs recommendation to deny the request as submitted and work with the applicant to identify an alternative location for this event. 1 RAAGENDA REPORTS\2004\042004\EASTER SEALS WALK.STREET CLOSURE.doc FISCAL IMPACT: None. ATTACHMENTS: None. 2 RAAGENDA REPORTS\2004\042004\EASTER SEALS WALK.STREET CLOSURE.doc ITEM 8 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: April 20, 2004 SUBJECT: Award of Construction Contract for the Diaz Road Realignment (Phase 1) — Traffic Signals Diaz Road at Rancho Way and Rancho California Road at Business Park Drive - Project No. PW95-27 PREPARED BY: Amer Attar, Principal Engineer Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: Award a construction contract for the Diaz Road Realignment (Phase 1); - Traffic Signals Diaz Road at Rancho Way and Rancho California Road at Business Park Drive, Project No. PW95-27 to Vance Corporation in the amount of $573,628.00 and authorize the Mayor to execute the contract. Authorize the City Manger to approve change orders not to exceed the contingency amount of $57,362.80, which is equal to 10% of the contract amount. Approve a transfer in the amount of $99,000.00 from the Diaz Road at Rancho Way— Signal project and $586,000.00 from the French Valley Parkway South Bound Off -Ramp project to the Diaz Road Realignment (Phase 1) — Traffic Signals at Diaz Road at Rancho Way and Rancho California Road at Business Park Drive Project, for a total transfer amount of $685,000.00 to cover construction and administrative costs. BACKGROUND: On January 20, 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. This first phase will install two new traffic signals, one at Rancho California Road and Vincent Moraga/Business Park Drive and one at Diaz Road and Rancho Way. Diaz Road will be widened from approximately 1,000' south of Rancho Way to Via Montezuma (the "Low -Flow"). This widening will provide for two additional lanes along Diaz Road and the striping will be modified on Rancho Way to allow for dual left turn lanes. Two (2) bids were received and publicly opened on Thursday, April 8, 2004. The results were as follows: 1. Vance Corporation $573,628.00 2. DBX, Inc. $645,010.00 R?AGENDA REPORT5)200410420041PW 95-27Phasel AWARD.DOC Staff has reviewed the bid proposals and found Vance Corporation of Rialto, California to be the lowest responsible bidder for this project. Staff has contacted references and determined that Vance Corporation has satisfactorily performed similar type of work in other cities. The specifications allow ninety (90) working days for the ordering and delivery of the traffic signal poles, controller and for the completion of this project. A copy of the bid summary is available for review in the City Engineer's office. The Engineering estimate was $400,000. The bids for both traffic signals, mobilization/demobilization, asphalt concrete, base, access ramps, and most striping bid items came in higher than the engineer's estimate. Unknown costs related to the contractor's mobilization/demobilization and the current demands for traffic signals, asphalt concrete, base, concrete, and striping may have attributed to the high bids. FISCAL IMPACT: The Diaz Road Realignment is a Capital Improvement Project funded through Measure A, Capital Project Reserves and Development Impact Fees — Public Facilities/Street. The transfer of $685,000.00 from the Diaz Road at Rancho Way Signal Project, and the French Valley Parkway Southbound Off -Ramp Project is necessary to cover the construction and administrative costs for this project. The total project construction cost is $630,990.80, which includes the contract amount of $573,628.00 plus 10% contingency of $57,362.80. ATTACHMENTS: 1. Project Locations 2. Project Descriptions 3. Contract R?AGENDA REPORT5\2004\042004TW 95-27Pha5el AWARD.DOC ai a u d 0 a °�� ���� �® ��. J� �� APO VNCOR OM1 C 0 ¢Y 6 � S s - ffi 6 � o � ^o�� m �5 i� 1 1 z� a F O a 0 a 3 d 0 g 0 0 0 O a c E d ON y O O ke N O o0 H ,0 U 0 U 0 � 0 ss ss F» �q v3 t N OU 1 4 Y y G A v 7 A y Q Cd O 0 3 W en u u 50 U [4. u p a N U O � G a o 0 0 0 w > O O O h V'1 O� 41 V 'J N . O U b 0 N b 0 o p, T 609 6s v) vi 3 � � b U r O o oo O v w 0 c O rn N etl T P W N N V7 NO O % O W 06 m U� �+•dpp o N�ov�rn 0 3 q c7 N ^+ N U O � V �. O � µ 69 69 69 EA 69 s on �-� o H 0 "' c ti u o .0 q o u 3 00 0 o o 6 c 3 •� o 0 O 0 O 0 O c U 7 y td w D O N Y1 b w0 �a dd0 O N N � N N w U w yO b 9b >H N N V V u ti 2,0 h �P+. ❑w to B �n 3 O 00 ao 00 00 . 0 <t °� 0. 0 o w PG G f w `0 ss GO-,vj 64 G-s V) U A A F ou C w 0 c U U v" r 94 o apdQi A: � •� a o o •U ,� w C. J7 O�. FO. � � U O O a •��� dd 0 0 "0 A AEn 0.1 H Q Q L)uC b 0 z CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW95-27 DIAZ ROAD REALIGNMENT (PHASE 1) - TRAFFIC SIGNALS, DIAZ @ RANCHO WAY AND RANCHO CALIFORNIA ROAD @ BUSINESS PARK DRIVE THIS CONTRACT, made and entered into the 20`h day of April, 2004 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY', and Vance Corporation, hereinafter referred to as "CONTRACTOR." WITNESSETH: 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. PW95- 27, DIAZ ROAD REALIGNMENT (PHASE 1) - TRAFFIC SIGNALS, DIAZ @ RANCHO WAY AND RANCHO CALIFORNIA ROAD @ BUSINESS PARK DRIVE, 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 NO. PW95-27, DIAZ ROAD REALIGNMENT (PHASE 1) - TRAFFIC SIGNALS, DIAZ @ RANCHO WAY AND RANCHO CALIFORNIA ROAD @ BUSINESS PARK DRIVE. 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. PW95-27, DIAZ ROAD REALIGNMENT (PHASE 1) - TRAFFIC SIGNALS, DIAZ @ RANCHO WAY AND RANCHO CALIFORNIA ROAD @ BUSINESS PARK DRIVE. 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. CONTRACT C-1 RAC1"R0JECTS%PW94PW98-2TBIDDOCSIConta dotCo M 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. 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. PW95-27, DIAZ ROAD REALIGNMENT (PHASE 1) TRAFFIC SIGNALS, DIAZ @ RANCHO WAY AND RANCHO CALIFORNIA ROAD @ BUSINESS PARK DRIVE All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 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 SEVENTY THREE THOUSAND SIX HUNDRED TWENTY EIGHT DOLLARS and NO CENTS ($573,628.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed NINETY (90) 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 shal the City Manager is hereby authorized by changes or additions to the work in an established by the City Council. 6. PAYMENTS A. UNIT PRICE BID SCHEDULE: I be approved by the City Council, except that the City Council to make, by written order, amount not to exceed the contingency as 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 made sixty (60) days after acceptance of final payment and the CONTRACTOR CONTRACT C-2 filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. B. 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. C. 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. D. 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. 9. 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's 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. 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 CONTRACT C-3 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 c overing d isputed c laims o n tems i n connection w ith a S top N otice w hich In as 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 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 CONTRACT C-4 R:ICIPPROJECTSIPWg5 95-2MIODOCSIConVaz dorContW 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: William G. Hughes Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: William G. Hughes Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT C-5 R:ICI"ROJECTS�PW951PWgi2T IDDOCSContra dotContwt IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Vance Corporation 2271 N.Locust Ave. Rialto, CA 92377 (909) 355-4333 Verner E. Thomas, Executive Vice President 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 C8 R]CIPPROJECTS%PW951PW95-2PBIDDOCSIContr tdotCo Wq ITEM 9 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: A^^ City Manager/City Council FROM: try' °' William G. Hughes, Director of Public Works/City Engineer DATE: April 20, 2004 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Traffic Signal Installation, Meadows Parkway at La Serena, Project No. PW03-07, Meadows Parkway at Rancho Vista, Project No. PW03-08 PREPARED BY: Amer Attar, Principal Engineer Brian Guillot, Assistant Engineer RECOMMENDATION: That the City Council approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Traffic Signal Installation, Meadows Parkway at La Serena, Project No. PW03-07, Meadows Parkway at Rancho Vista, Project No. PW03-08 BACKGROUND: The installation of traffic signals at the intersections of Meadows Parkway at La Serena and Meadows Parkway at Rancho Vista is part of the citywide traffic signal installation plan as approved in the Capital Improvement program for Fiscal Years 2004-2008. The work includes the construction of a portion of median island along La Serena immediately east of Meadows Parkway. 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 $321,000.00. FISCAL IMPACT: The Installation of Traffic Signals -Citywide is a Capital Improvement Program project funded through Development Impact Fees — Traffic Signals. ATTACHMENTS: 1. Location Map 2. Project Description R:\AGENDA REPORM2004\042004\PW03-08 BID.DOC 0Oo N O O M M M M M b9 b9 b9 b9 Vi O O O O O O O O O O Y A u O O O O O O O O O O O i^ N N N N N N N N N N N M O O O O O O O O 8 O O O O O O O O O O O O O �+ O O O v/ O O �n O O O O O O O b h b b b b 'o .�.n U U vi v� vs of fn vi vi vi `» vi va § / / { \ § ) 0 0 00 (v C� ° \�� )(� )Cd � /�\ \� IT \ ) m E 2 - 0 0 ] \�\ ■ ITEM 10 APPROVAL CITY ATTORNEY DIRECTOR OF FII CITY MANAGER 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim O'Grady Assistant City Manager DATE: April 20, 2004 SUBJECT: Community Grant Agreement with the Temecula Sister City Association Prepared by: Robin Gilliland, Senior Recreation Coordinator RECOMMENDATION: That the City Council approve a grant in the amount of $7,500.00 for the Temecula Sister City Association for fiscal year 2003-2004. BACKGROUND: The Temecula Sister Cities Association (TSCA) is a California non-profit corporation that supports cultural exchanges of people and ideas between the citizens of our community and foreign communities. In doing so, the outlook of our citizens is enhanced and Temecula's quality of life improved. The following is a list of guidelines to assist City Administration in their liaison relationship with the Temecula Sister City Association and Sister City sponsored activities. • The City will work in conjunction with the TSCA to promote understanding, friendship and knowledge. • The Temecula Sister City Association is responsible for the development, coordination and implementation of all Sister City functions, services and special events that occur related to our two Sister Cities: Leidschendam-Voorburg, Netherlands and Nakayama, Japan. This includes coordination of events, special dinners and activities, and travel related services such as gifts, itineraries for visiting dignitaries or travel abroad. • The City will support and encourage the Temecula Sister City program in their efforts to encourage cultural exchange among our Sister Cities. The City will provide a staff liaison that will represent the City of Temecula at Sister City Board Meetings, programs, special events and activities (as deemed appropriate). • The City liaison will coordinate travel abroad to our Sister Cities when City officials or City Council members are involved in the travel. • The City will provide the Temecula Sister City Association with limited funding to provide necessary Sister City activities and functions. The Temecula Sister City Organization R:\Gillilr\Sister City Program\agreements\Staff Report -funding 20N.docl will be responsible for monitoring and managing their budget to ensure proper expenditures and accounting of funds for all organized activities and events. • The City will provide limited financial support for student scholarships for individual students traveling to Nakayama, Japan or Leidschendam-Voorburg, the Netherlands. • The City will fund & coordinate one official dinner and one official welcome reception per year, for a visiting delegation from Nakayama and Leidschendam-Voorburg, when elected officials from the visiting Sister City are in attendance. • The City will provide official City gifts for elected officials visiting from Nakayama and Voorburg, or when City officials are traveling to Nakayama and Leidschendam-Voorburg. • Membership in the Sister City Association is open to all citizens and or business persons of Temecula & others as determined by the TSCA. • The TSCA must provide an annual budget and financial report/records that are available for review by the City. • The City will provide transportation for official delegations both arriving and traveling abroad. The TSCA is responsible for transportation of all other guests either coming or going to Nakayama, Japan & Leidschendam-Voorburg, the Netherlands. FISCAL IMPACT: Funds have been approved and are in account 001-101-999-5280. R:\GilWASister City Program\agreements\Staff Report - funding 2tID4.docl COMMUNITY GRANT AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA SISTER CITY ASSOCIATION THIS AGREEMENT is made by and between the City of Temecula ("City"), a municipal corporation, and the Temecula Sister City Association, a non-profit corporation, and is dated as of April 20, 2004. In consideration of the mutual covenants and agreements contained herein, the parties agree as follows: This Agreement is made with respect to the following facts and purposes, which each of the parties hereto acknowledge and agree to be true and correct: a. The Temecula Sister City Association ("TSCA") coordinates many programs for cultural exchanges within the City of Temecula, which are not provided by the City's recreation program. b. The TSCA warrants and represents to the City that it is a non- profit, tax exempt corporation under the tax laws of the United State and California, and agrees to continue in such status during the term of this Agreement. C. On June 10, 2003, the City Council approved the budget for FY 03/04 which provides funding in the amount of seven thousand five -hundred dollars ($7,500.00) for the purpose of continuing and enhancing its cultural exchange programs within the City of Temecula and abroad. d. This Agreement provides for the manner in which the grant will be paid to the TSCA. 2. The City shall pay to the TSCA on an annual basis, on July 1, 2003 an amount equal to the actual costs incurred by the TSCA not to exceed $7,500.00 per year ending June 30, 2004. TSCA shall submit a quarterly report to the Director of Community Services for the actual costs of cultural exchanges and shall be accompanied by such documentation as reasonably required by the Director of Finance to establish that such costs were incurred by the TSCA. The term of this agreement shall be July 1, 2003 to June 30, 2004. 4. The TSCA and City have developed goals and objectives which are set forth in Exhibit A. The TSCA is committed to implementing these Goals and Objectives. 5. The City may at any time, for any breach of this Agreement, suspend or terminate this Agreement, or any portion hereof, by serving upon the TSCA at least ten (10) days prior written notice. If the breach is corrected during this ten day period, City may, in its sole and exclusive discretion, rescind the termination. 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. TSCA shall make available to the City its books, records and financial documents in such form as to allow City to verify TSCA's compliance with the terms RAGillilr\Sister City Program\agreements\TSCAI Community Grant Agreement-2003-2004.doe of this Agreement. 6. The TSCA agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, and employees 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 TSCA'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 attributable to the active negligence of the City. 7. TSCA shall procure and maintain, or shall have provided on its behalf, for the duration of fiscal year 2003-2004 insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the activities of the TSCA, 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, including a non -owned auto endorsement. b. Minimum Limits of Insurance. TSCA shall maintain limits on the policies described in Subsection a. of no less than the following amounts unless otherwise approved by the City Manager: (1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. C. Deductibles and Self -Insured Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City Manager. d. Other Insurance Provisions. The general liability policies shall 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 TSCA; premises owned, occupied or used by the TSCA; or automobiles owned, leased, hired or borrowed by the TSCA. 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 Agreement, the TSCA'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 TSCA's insurance and shall not contribute with it. R:\Gi11i1r\Sister City Program\agreements\TSCAI Community Grant Agreement-2003-2004.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 TSCA'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, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice to the City 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. TSCA 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 TSCA's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 8. TSCA is and shall at all times remain as to the City and TCSD a wholly independent contractor. The personnel performing the services under this Agreement on behalf of TSCA shall at all times be under TSCA's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of TSCA or any of TSCA's officers, employees or agents, except as set forth in this Agreement. TSCA 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. TSCA shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. 9. Any notices which either party may desire to give to the other parry under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. RAGillilr\Sister City Program\agreements\TSCAI Community Grant Agreement-2003-2004.dm To City: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager To TSCA: Temecula Sister City Association 27349 Jefferson Ave. Suite 213 Temecula, California 92593 Attention: Ad Creemers & Jon Lieberg Co -Chairmen 10. The TSCA shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 11. 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. R:\Gillilr\Sister City Program\agreements\TSCAI Community Grant Agreement-2003-2004.dm 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 TEMECULA SISTER CITY ASSOCIATION, a California non-profit corporation By: _ Name: Title: By: _ Name: Title: UGilWASister City Program\agreements\TSCAI Community Grant Agreement-2003-2004.dm ITEM 11 APPROVAL CITY ATTORNEY DIRECTOR OF FIN C CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Grant Yates, Assistant to the City Manager DATE: April 20, 2004 SUBJECT: Contract for Space Planning, Workstation Furniture & Wiring PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: 1. That the City Council approve the contract with Boise Office Solutions to provide space planning and workstation furniture for City Hall as well as the West Wing Maintenance Facility in the amount of $58,883. 2. That the City Council authorize the City Manager to approve additional payment not to exceed a 15% contingency in the amount of $8,832.00 3. That the City Council appropriate $72,266 from General Fund undesignated reserves to fund this contract and the MIS rewiring necessary (estimated $5,300). BACKGROUND: Space planning needs/discussions for City Hall as well as the Maintenance Facility have become a constant challenge as staff attempts to maximize the existing space between these two buildings. Space planning challenges range from lack of adequate work space for employees to inadequate storage space for departmental operational needs. Boise Office Solutions has worked very hard with all the involved departments to ensure that the space plan will meet the objectives set forth and the operational needs of the departments involved. The primary space planning objectives staff took into consideration in developing these changes include: • Consolidate like functions • Provide adequate space for professional planners • Provide adequate space for Code Enforcement staff • Consolidate Information Systems into one departmental area • Provide space for filing cabinets thus reducing the number of cabinets in the isle ways R:\A0AMSA\C0UNCIL\Space Plan -Boise Office Solutions.doc The planned changes as part of Boise's agreement involves the following: CITY HALL 1. Relocate Fire and Building in-house plan check services to West Wing Maintenance Facility. This move involves (4) employees. 2. Relocate (4) professional planners to area vacated by in-house plan checkers 3. Convert (3) previously utilized work stations into (2) work stations which will allow professional staff the appropriate work space to complete their jobs. 4. Adjusting cubicle space for size for (5) professional planners and (1) Office Specialist to accurately reflect their work needs 5. Information Systems remodel allows for Administrative Secretary and Webmaster to be relocated into Information Systems Department MAINTENANCE FACILITY 1. Relocate Code Enforcement (4) into larger, more appropriate office space where Building & Safety receptionist previously worked. 2. Building & Safety receptionist will occupy space vacated by Code Enforcement with minor modifications to allow for more functional use of space 3. Relocate in-house plan check service to space now occupied by Fire and Building Field Inspection staff 4. Add (4) additional field personnel work stations to accommodate future needs As mentioned, this interim plan was developed to address as many of the needs as possible, and in conjunction with the future permanent maintenance facility, will provide adequate working space for the short term. In addition, as part of the Information Systems remodel, there will be a need to re -wire and relocate wires/cables to make this particular space operational. This service can be provided by an existing vendor in the amount of $5,300. FISCAL IMPACT: The total cost of this contract (Boise Office Solutions) is not to exceed $58,883. Therefore, an appropriation of $72,266 is required from General Fund Undesignated Reserves to fund the City Hall/Maintenance Facility modifications to their various departments as well the cost of relocating wires/cables. ATTACHMENT(S): Agreement -Boise Office Solutions RADAMSXCOUNCIL\Space Plan -Boise Office Solutions.doc CITY OF TEMECULA PURCHASE AND INSTALLATION AGREEMENT WITH BOISE OFFICE SOLUTIONS This Purchase and Installation Agreement ("Agreement") is made and entered into as of April 20, 2004, by and between the City of Temecula ("City"), a municipal corporation, and Boise. ("Vendor"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Purchase and Sale of Furniture. On and subject to the terms and conditions set forth in this Agreement and the Contract Documents, Vendor agrees to manufacture, sell and install at the City office furniture as more particularly described in Exhibit A, Description of Furniture, attached hereto and incorporated herein as though set forth in full (hereafter "Furniture"). 2. Purchase/Installation Price. The Purchase and Installation price which City agrees to pay to Vendor for the Furniture and service is Fifty Eight Thousand, Eight Hundred and Eighty Three Dollars ($58,883) The Purchase price is final and shall be paid by City to Vendor in accordance with Exhibit A. a. The City Manager may approve additional payment not to exceed the 15% contingency. Also, the City Manager may approve change orders up to the 15% contingency amount. 3. Scope of Work. Vendor shall manufacture and install the furniture as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A ("Work"). Vendor shall provide and furnish all labor, materials, necessary tools, expendable furniture and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City. 4. Representations and Warranties of Vendor. Vendor makes the following representations and warranties to City. a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Operating Condition. Vendor has good and marketable title to all of the Furniture manufactured and installed. All of the Furniture are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Furniture free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Furniture are in good operating condition, are free of any defects, and are in conformity with P:\AGREEMENTS\EQUIPMENTANDINSTALLATON2001 the specifications, descriptions, representations and warranties set forth in the Contract Documents. Vendor is aware the City is purchasing the Furniture for use as office furniture and that City is relying on Vendor's warranties that the Furniture is fit for this purpose and the ordinary purposes for which the Furniture is normally used. C. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contains orwill contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. Performance. Vendor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its obligations under this Agreement. 6. City Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Furniture at the time and place of delivery. Such inspection may include reasonable tests and use of the furniture by City. If, in the determination of City, the Furniture fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Furniture to City. Failing such notice, the furniture shall be deemed accepted by City as of the date of receipt. 7. Time of Delivery. The date and time of delivery of the Furniture shall be on or before June 4, 2004. 8. Place of Delivery. The Furniture shall be delivered to this location: 43200 Business Park Drive, Temecula Community Services Department. 9. Refection. In the event of such notice of non -conformity by City pursuant to Section 6, City may, at its option, (1) reject the whole of the Furniture and Installation, (2) accept the whole of the Furniture and Installation, or (3) accept any commercial unit or units of the Furniture and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 10. No Replacements of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the Furniture and Installation tendered and the tender itself will conform fully to the terns and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Furniture or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 11. Indemnification. Vendor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, damages, costs and liability of any kind or nature which the City, its officers, officials, employees, agents or volunteers may sustain or incur or which may be imposed P: W GREEMENTS\EQUIPMENTANDINSTALLATON2001 2 upon them for injury to or death of persons, or damage to property arising out of or from the Furniture or Vendor's maintenance thereof, excepting only liability arising out of the sole negligence of the City. 12. Default of Vendor. a. The Vendor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Vendor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Vendorfor any work performed after the date of default and can terminate this Agreement immediately by written notice to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it shall not be considered a default. b. If the City Manager or his delegate determines the Vendor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Vendor with written notice of the default. The Vendor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event the Vendor 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. 13. Liability Insurance. 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. b. 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. -3- PAAGREEMENTMEQUIPMENTAND INSfALLATION01 (3) Employer's Liability: $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 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 Citys forms, the Consultant's insurer may provide -4- P:\AGREEMENTS\EQUIPMENTAND INSTALLATION01 complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 14. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 15. Legal Responsibilities. The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to complywith this section. 16. Prohibited Interest. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 17. Independent Contractor. Vendor 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 the Vendor shall at all times be under the Vendor's exclusive direction and control. Neither the City nor any of its officers, employees, agents or volunteers shall have control over the conduct of the Vendor or any of the Vendor's officers, employees, agents or volunteers except as set forth in this Agreement. Vendor 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 of Temecula. Vendor shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind the City in any manner. 18. Assignment. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 19. Notices. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To Vendor at: Boise Office Solutions 4141 Inland Empire Blvd Suite 290 Ontario Ca 91764 Attn: Robert Mediati To City at: City of Temecula 43200 Business Paris Drive Temecula, California 92589 Attn: City Manager -5- P:\AGREEMENTS\EQUIPMENTAND INSTALLATION01 20. Governing Law. The City and Vendor understand and agree that the laws of the State of Califomia 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 jurisdiction over the City of Temecula. 21. 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 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. 22. Authority To Execute This Agreement. The person or persons executing this Agreement on behalf of Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. 23. Prevailing Wages. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the District 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. 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 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, Contractor shall forfeit to the District, 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. M P:\AGREEMENTS\EQUIPMENTAND INSTALLATIONOI IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on the day and year first above written. CITY OF TEMECULA Mike Naggar, Mayor Attest: Susan W. Jones, CMC City Clerk Approved As to Form: Peter Thorson, City Attorney Vendor Boise Office Solutions 4141 Inland Empire Blvd Suite 290 Ontario Ca 91764 Attn: Robert Mediati -7- P:(AGREEMENTSTQUIPMENTAND INSTALLATIONOI EXHIBIT A DESCRIPTION OF FURNITURE/SCOPE OF WORKICOST P:\AGREEMENTS\EQUIPMENTAND INSTALLATION01 ITEM 12 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECUL/ AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: April 20, 2004 SUBJECT: Wolf Valley Creek Channel, Infrastructure Funding and Acquisition Agreement PREPARED BY: Greg Butler, Principal Engineer RECOMMENDATION: That the City Council: Approve the Wolf Valley Creek Channel, Infrastructure Funding and Acquisition Agreement (the Acquisition Agreement) in substantially the form attached to this report and authorize the Mayor to execute the agreement. 2. Direct the City Clerk to record the document BACKGROUND: On January 9, 2003 the City entered into the "Agreement for Installation and Funding of Drainage Improvements and Roads" (the Agreement) with the County of Riverside (County), the Temecula Valley Unified School District, Redhawk Communities, Inc., S- P Murdy, LLC (Spring Pacific) and Centex Homes to formalize each party's responsibility for design and construction of the various segments of the Wolf Valley Creek Channel (the existing drainage course adjacent to Pechanga Parkway), Deer Hollow Rd and Pechanga Parkway. The Agreement details which party will be responsible for the cost of design and construction of the various improvements as well as pledges certain AD-159 Bond proceeds toward the cost of design and construction of the Wolf Valley Creek Channel, which per the "Agreement," is the City's responsibility to cause the design and construction thereof. The "Acquisition Agreement" is required by the provisions of the Municipal Improvement Act of 1913, being Division 12 (commencing with Section 10000) of the Streets and Highways Code of the State of California (respectively, the "1913 Act" and the "Code") to formally allow the County to acquire the Wolf Valley Creek Channel Improvements and sets forth the County's reimbursement procedures. FISCAL IMPACT: The Costs associated with the projects subject to this agreement are eligible for reimbursement from AD-159. The City will need to make progress payments or post initial deposits with Riverside County Flood Control for Construction Inspection and then seek reimbursement from the County's fiscal agent administering the AD-159 bond proceeds. r-VMfr-XdilLTA I=Ik'k &3 Infrastructure Funding and Acquisition Agreement R:WGENDA REPORTS2004\042004\Wolf Valley Creek Agreement.doc INFRASTRUCTURE FUNDING AND ACQUISITON AGREEMENT (Wolf Valley Creek Channel) by and among COUNTY OF RIVERSIDE, (on behalf of itself and Assessment District No. 159 (Rancho Villages) and Assessment District No. 159 Supplemental (Rancho Villages) of the County of Riverside) RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT CITY OF TEMECULA, TEMECULA PUBLIC FINANCING AUTHORITY, (on behalf of Temecula Public Financing Authority Community Facilities District No. 03-03 ("Wolf Creek") and WOLF CREEK DEVELOPMENT, LLC a California limited liability company Dated as of March 1, 2004 Assessment District No. 159 (Rancho Villages) and Assessment District No. 159 Supplemental (Rancho Villages) of the County of Riverside Limited Obligation Improvement Bonds AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 ARTICLE I DEFINITIONS SectionI.I. Definitions.................................................................................................................. 5 ARTICLE II PAYMENTS TO BE MADE FOR THE CONSTRUCTION OF THE FLOOD CONTROL CHANNEL Section 2.1. City to Take Lead Responsibility for the Construction of the Flood Control Channel and is to Receive Progress Payments ..................................... Section 2.2.Acceptance of Flood Control Channel............................................................ Section 2.3. Dedication of Property and Easements to the Flood Control District............ ARTICLE III CONSTRUCTION OF THE FLOOD CONTROL CHANNEL Section 3.1. Preparation and Approval of Plans .............................................. Section 3.2. Duty of City to Construct............................................................. Section 3.3. Bid and Construction Requirements ............................................ Section 3.4. Licenses and Regulatory Permits ................................................. Section 3.5. NPDES Compliance..................................................................... Section 3.6. Cal/OSHA, Confined Space Entry ............................................... Section 3.7. Notice of Intent to Commence Construction ............................... Section 3.8. Additional Conditions to be Satisfied during Construction......... Section 3.9. Inspection, Completion of Construction ...................................... Section 3.10. Maintenance of Facilities; Warranties ........................................ Section 3.11. Insurance Requirements.............................................................. Section 3.12. Ownership of the Facilities......................................................... .9 10 11 .. 12 .. 12 .. 12 .. 14 .. 14 .. 15 .. 16 .. 17 .. 17 .. 18 .. 18 .. 20 ARTICLE IV REPRESENTATIONS, WARRANTIES AND COVENANTS; INDEMNIFICATION Section 4.1. Representations, Warranties and Covenants of the City .................................... Section 4.2. Representations, Warranties and Covenants of the County ............................... Section 4.3. Representations, Warranties and Covenants of the Flood Control District....... Section 4.4. Representations, Warranties and Covenants of the Authority ........................... Section 4.5. Representations, Warranties and Covenants of the Developer .......................... Section 4.6. City Indemnification.......................................................................................... Section 4.7. Developer Indemnification................................................................................ .. 22 ...... 23 ...... 24 ...... 24 ...... 25 ...... 25 ...... 26 AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 ARTICLE V MISCELLANEOUS Section 5.1. The City and the Developer as Independent Contractor ......................................... 27 Section5.2. Other Agreements................................................................................................... 27 Section 5.3. Binding on Successors and Assigns........................................................................ 27 Section5.4. Amendments........................................................................................................... 27 Section5.5. Waivers...................................................................................................................27 Section 5.6. No Third Party Beneficiaries.................................................................................. 27 Section5.7. Notices.................................................................................................................... 28 Section5.8. Jurisdiction.............................................................................................................. 29 Section 5.9. Attorney's Fees........................................................................................................ 29 Section5.10. Governing Law...................................................................................................... 29 Section5.11. Usage of Words...................................................................................................... 29 Section 5.12. Counterparts........................................................................................................... 29 Section5.13. Interpretation.......................................................................................................... 29 Section 5.14. Designation of Party Representative...................................................................... 29 EXHIBIT A DIAGRAM OF THE FLOOD CONTROL CHANNEL ...................................... A-1 EXHIBIT B FLOOD CONTROL CHANNEL- DESCRIPTION AND ALLOCATION OF BONDPROCEEDS......................................................................................B-1 EXHIBIT C FORM OF LICENSE AGREEMENT...................................................................C-1 EXHIBIT D EASEMENTS TO BE CONVEYED TO FLOOD CONTROL DISTRICT........ D-1 EXHIBIT E PARCELS TO BE CONVEYED IN FEE TO FLOOD CONTROL DISTRICT..E-1 AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 INFRASTRUCTURE FUNDING AND ACQUISTION AGREEMENT THIS INFRASTRUCTURE FUNDING AND ACQUISITION AGREEMENT (hereinafter, the "Funding Agreement') is made and entered into as of the 1st day of March, 2004, by and between the County of Riverside, a political subdivision of the State of California (hereinafter the "County"), on behalf of itself and Assessment District No. 159 (Rancho Villages) of the County and Assessment District No. 159 Supplemental (Rancho Villages) of the County, Riverside County Flood Control and Water Conservation District, a public agency organized and existing pursuant to Chapter 48 of the Appendix to the California Water Code (hereinafter, the "Flood Control District'), the City of Temecula, an incorporated municipality (hereinafter the "City"), the Temecula Public Financing Authority, a joint powers authority established pursuant to Article 4, Chapter 5, Division 5 of Title 1 of the California Government Code (the "Authority"), on behalf of the Temecula Public Financing Authority Community Facilities District No. 03-03 ("Wolf Creek"), and Wolf Creek Development, LLC, a California limited liability company (the "Developer"). RECITALS WHEREAS, the Board of Supervisors (the 'Board of Supervisors") of the County pursuant to the provisions of the Municipal Improvement Act of 1913, being Division 12 (commencing with Section 10000) of the Streets and Highways Code of the State of California (respectively, the "1913 Act' and the "Code"), established Assessment District No. 159 (Rancho Villages) of the County of Riverside (the "Original District') and directed pursuant to Section 3114 of the Code that a Notice of Assessment Lien be recorded against all parcels within the boundaries of the Original District in the amount of $77,535,514.82 (the "Original Assessment Lien") and said Notice was recorded on July 17, 1988; and, WHEREAS, the Board of Supervisors by Resolution No. 2003-253 ordered changes in the work to be financed under the Original Assessment Lien and reduced the assessment liens on identified parcels in an aggregate amount of $5,936,101.93 and an Amended Notice of Assessment Lien was recorded on August 27, 2003; and, WHEREAS, the Board of Supervisors pursuant to the provisions of the 1913 Act established Assessment District No. 159 Supplemental (Rancho Villages) of the County of Riverside (the "Supplemental District', and collectively with the Original District, the "Assessment Districts") and directed pursuant to Section 3114 of the Code that a Notice of Assessment Lien be recorded against all parcels within the boundaries of the Supplemental District in the amount of $79,316,598.52 (the "Supplemental Assessment Lien") and the lien was recorded on November 18, 1991; and, AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 1 WHEREAS, the Board of Supervisors by Resolution No. 2003-254 ordered changes in the work to be financed under the Supplemental Assessment Lien and reduced the reduced the assessment liens on identified parcels in an aggregate amount of $36,535,441.07 and an Amended Notice of Assessment Lien was recorded on August 27, 2003; and, WHEREAS, the boundaries of the Original District and the Supplemental District are co -terminus; and, WHEREAS, the Board of Supervisors, pursuant to the Improvement Bond Act of 1915, being Division 10 (commencing with Section 8500) of the Code (the "1915 Act") has caused four series of limited obligation improvement bonds to be sold and issued on behalf of the Original District representing $71,599,412.89 of the authorized bonded indebtedness of the Original Assessment Lien (Series A, issued on December 22, 1988, in the aggregate principal amount of $6,196,153.59; Series B, issued on August 24, 1989, in the aggregate principal amount of $36,554,302.11; Series C, issued on March 18, 1992, in the aggregate principal amount of $25,146,171.00, Series D, issued on August 21, 2003 in the aggregate principal amount of $1,715,000.00, and cash collections during the statutory prepayment periods and cost of work in -kind totaling $1,987,786.19) that leaves the Original District with no balance of authorized, but unused, bonding capacity; and, WHEREAS, the Board of Supervisors, pursuant to the 1915 Act, has caused two series of limited obligation improvement bonds to be sold and issued on behalf of the Supplemental District representing $40,764,311.49of the authorized bonded indebtedness Supplement Assessment Lien (Series A, issued on August 9, 1994, in the aggregate principal amount of $29,532,229.41; Series B, issued on December 19, 2000, in the aggregate principal amount of $780,000, Series C, issued on August 21, 2003, in the aggregate principal amount of $2,835,000.00 and cash collections during the statutory prepayment periods totaling $7,617,082.08) that leaves the Supplement District with a balance of authorized, but unused, bonding capacity in the amount of $2,016,845.96; and, WHEREAS, the Series D Bonds of the Original District and the related cash collections (the "Series D Bonds") and the Series C Bonds of the Supplemental District, and the related cash collections (the "Series C Bonds" and, collectively with the Series D Bonds, the 'Bonds") were issued to finance, in part, the construction and acquisition of Wolf Valley Creek Channel from its intersection with Deer Hollow Way to Temecula Creek (the "Flood Control Channel'); and, WHEREAS, for purposes of this Agreement, the Flood Control Channel is to be divided into two stages, as follows: AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 2 "Stage V is that portion of the Flood Control Channel that commences at Loma Linda Road as an underground box culvert, transitions to an open channel and empties into Temecula Creek, approximately 2,600 linear feet from Station No. 15+24.00 to Station No. 41+22.23; and "Stage 2" is that portion of the Flood Control Channel that is a grass lined channel, approximately 8,940 linear feet from Station No. 10+03.70 to Station No. 99+43.92 and is within a dedicated right of way that is adjacent to the easterly side of Pechanga Parkway and includes a maintenance access road on the easterly side of Stage 2; and, as shown on Exhibit A and described in Exhibit B, which are attached hereto, and by this reference are incorporated herein; and, WHEREAS, the entire Flood Control Channel is located within the jurisdictional boundaries of the City; and, WHEREAS, the County, on behalf of itself and the Assessment Districts, the City, the Flood Control District, Temecula Valley Unified School District, Centex Homes, a Nevada general partnership ("Centex"), Redhawk Communities, Inc., a California corporation ("Redhawk"), and S-P Murdy, LLC, a California limited liability company ("S-P Murdy"), have entered into an agreement entitled "Agreement for Installation and Funding of Drainage Improvements and Roads," dated as of January 9, 2003 (the "Facilities Agreement'), by the terms of which (i) the County, through the Assessment Districts, agreed to use its best efforts to sell limited obligation improvement bonds to finance, in part, the construction of the Flood Control Channel, (ii) the City, through the Authority, would use its best efforts to establish a community facilities district to finance the construction and acquisition of certain public improvements, including those construction costs of the Flood Control Channel not funded by the Bonds, (iii) S-P Murdy, across whose property Stage 2 of the Flood Control Channel is to be constructed, agreed to dedicate the right-of-way needed for the construction of Stage 2 and to cause to be deposited with the City $250,000 to be placed in an endowment fund to be held by the City that would be responsible for the "routine maintenance" (as that term is defined in the License Agreement that is Exhibit C hereto) of Stage 2, and (iv) Centex and Redhawk agreed to enter into a subsequent agreement by the terms of which they would agree that certain reimbursements due them from the proceeds of the Bonds for the construction a certain portions of Deer Hollow Way would be placed in an escrow account to be held by the fiscal agent for the Bonds and applied for the construction of the Flood Control Channel and that they would each pay an amount not to exceed $250,000 to the Flood Control District to establish an endowment of $500,000 to pay for the "catastrophic maintenance" (as that term is defined in the License Agreement that is Exhibit C hereto) of Stage 2; and, WHEREAS, Developer has acquired a substantial percentage of the property held by S-P Murdy that is within the Assessment Districts, has become an assignee to the AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 3 Facilities Agreement, has agreed to assume the obligations and responsibilities of S-P Murdy in the Facilities Agreement and has or has caused to be dedicated the required rights -of -way for Stage 2; and, WHEREAS, the County, on behalf of Supplemental District, has issued $2,835,000.00 in limited obligation improvement bonds and received $6,639,192.67 in cash payoffs in association with this issuance of bonds allowing the deposit of $4,721,120.95 in the Improvement Fund established by a Fiscal Agent Agreement, dated as of August 1, 2003, by and between the County and U.S. Bank Trust National Association, as fiscal agent (the "Fiscal Agent"), for the Series C Bonds of the Supplemental District to be used for the construction of the Flood Control Channel; and, WHEREAS, the Authority has established the Temecula Public Financing Authority Community Facilities District No. 03-03 ("Wolf Creek") (the "Community Facilities District") and has authorized the sale and issuance of $30,990,000 in special tax bonds that are to finance, in part, the $250,000 endowment for the routine maintenance of Stage 2 and those construction costs of the Flood Control Channel for which monies held by the Fiscal Agent are not sufficient; and, WHEREAS, the County, the City, Centex and Redhawk have entered into an agreement entitled "Infrastructure Funding and Reimbursement Agreement (Deer Hollow Way)," dated as of July 1, 2003 (the "Deer Hollow Agreement"), that provides for the deposit in an escrow account (the "Escrow Account") to be held by the Fiscal Agent for the Bonds an amount totaling $2,455,521.44 upon the construction and acceptance by the County and the City of specified segments of Deer Hollow Way and reaffirms Centex and Redhawk's commitment to each deposit with the Flood Control District an amount not to exceed $250,000 to fund an endowment fund of $500,000 for the catastrophic maintenance of Stage 2; and, WHEREAS, Section 10010 of the Code provides that public improvements and works that have been ordered to be constructed may also be acquired if the public improvement or work was not in existence at the time the resolution of intention was adopted, the improvement has been constructed as if it had been constructed under the direction and supervision or under the authority of the receiving public entity, and the public improvement or work has not been accepted by the receiving public entity into its maintained system; and, WHEREAS, the parties to this Agreement desire to specify the conditions under which the City is to cause the Flood Control Channel to be designed, engineered and constructed, is to receive reimbursement for the costs it, or its contractors, incur, and the conditions under which the Flood Control District will accept the Flood Control Channel into its maintained system, NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the Parties hereto do hereby agree as follows: AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 4 ARTICLE I DEFINITIONS Section 1.1 Definitions. Unless the context otherwise requires, the terms defined in this Article I shall have the meaning herein specified when used in this Funding Agreement: "Acceptable Title" means title to land, or an easement therein, delivered free and clear of all liens, special taxes, assessments, leases, easements and encumbrances, whether any such item is recorded or unrecorded, except those non -monetary items which are determined by the Flood Control District, at its sole discretion, not to interfere with the intended use of such land or easement and therefore are not required to be cleared from title. "Acceptance Date" means the date that the Flood Control District accepts the Flood Control Channel into maintained system consistent with the terms of this Funding Agreement. "Administrator" means the County Executive Officer, or his/her designee. "Assessments" mean the special assessment levied on all parcels within the Assessment Districts pursuant to the 1913 Act and the annual assessment installments enrolled each fiscal year pursuant to the 1915 Act to pay the debt service on the Bonds. "Assessment Districts" means, collectively, the Original District and the Supplemental District. "Authority" means the Temecula Public Financing Authority, a joint powers authority established pursuant to Article 4, Chapter 5, Division 5 of Title 1 of the California Government Code. "Bid Procedures" means those procedures specified in Article III to this Funding Agreement. "Board of Supervisors" means the Board of Supervisors of the County. "Bonds" means, collectively, the Series D Bonds and the Series C Bonds a portion of the proceeds of which will be used to pay the costs to design, engineer and construct the Flood Control Channel. "Business Day" has the meaning ascribed thereto in the Fiscal Agent Agreements. "Catastrophic Maintenance Endowment" means the $500,000 endowment for catastrophic maintenance for Stage 2 that is to be deposited with the Flood Control AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 5 District pursuant to the terms of the Facilities Agreement and the Deer Hollow Agreement. "Centex" means Centex Homes, a Nevada general partnership. "CEQA" means the California Environmental Quality Act (CEQA), constituting Sections 21000 et seq. of the California Public Resources Code, as amended. "City" means the City of Temecula, an incorporated municipality. "City Engineer" means the Director of Public Works of the City (or any successor to the responsibilities thereof if such office is no longer in existence), and any designee of said Director of Public Works. "Code" means the California Streets and Highways Code. "Community Facilities District" means Temecula Public Financing Authority Community Facilities District No. 03-03 ("Wolf Creek") established under the authority of the Mello -Roos Community Facilities Act of 1982 (commencing with Section 53311 of the California Government Code. "Construction Site" means the site on which the Flood Control Channel is to be constructed, including off site staging areas and material storage areas. "County" means the County of Riverside, a political subdivision of the State, and its successors. "County Executive Officer" means the County Executive Officer of the County (or any successor to the responsibilities thereof if such office is no longer in existence), and any designee of said County Executive Officer. "Deer Hollow Agreement" means that agreement entitled "Infrastructure Funding and Reimbursement Agreement (Deer Hollow Way)," dated as of July 1, 2003 by and between the County, the City, Centex, and Redhawk, as originally executed or as the same is amended from time to time in accordance with its terms. "Developer" means Wolf Creek Development, LLC, a California limited liability company. "Escrow Account" means that escrow account to be established by the County and held by the Fiscal Agent into which certain amounts are to be deposited consistent with the terms of the Deer Hollow Agreement. "Facilities Agreement" means that agreement entitled "Agreement for Installation and Funding of Drainage Improvements and Roads," dated as of January 9, 2003, by and among the County, on behalf of itself and the Assessment Districts, the City, the Flood Control District, Temecula Valley Unified School District, Redhawk, AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 6 Centex, and S-P Murdy, LLC, a California limited Liability company, as originally executed or as the same is amended from time to time in accordance with its terms. "Fiscal Agent" means U.S. Bank Trust National Association, a national banking association organized and existing under the laws of the Untied States of America, as fiscal agent under the Fiscal Agent Agreements, and any successor thereto permitted under said Fiscal Agent Agreements. "Fiscal Agent Agreements" means, collectively, the Fiscal Agent Agreement, dated as of August 1, 2003, governing the Series D Bonds, by and between the County and the Fiscal Agent, as originally executed or as the same may from time to time be supplemented or amended by its terms or, if discharged in accordance with its terms, the Fiscal Agent Agreement, trust agreement, indenture or similar instrument, regardless of title, pursuant to which bonds, notes or other evidences of indebtedness of the County, on behalf of the Original District, have been issued and are outstanding, as originally executed or as the same may from time to time be supplemented or amended pursuant to the provisions thereof, and the Fiscal Agent Agreement, dated as of August 1, 2003, governing the Series C Bonds, by and between the County and the Fiscal Agent, as originally executed or as the same may from time to time be supplemented or amended by its terms or, if discharged in accordance with its terms, the Fiscal Agent Agreement, trust agreement, indenture or similar instrument, regardless of title, pursuant to which bonds, notes or other evidences of indebtedness of the County, on behalf of the Supplemental District, have been issued and are outstanding, as originally executed or as the same may from time to time be supplemented or amended pursuant to the provisions thereof. "Flood Control Channel" means the Wolf Valley Creek Channel from its intersection with Deer Hollow Way to the Temecula Creek Channel and includes Stages 1 and 2 thereof as shown and described in Exhibits A and B to this Funding Agreement. "Flood Control District" means the Riverside County Flood Control and Water Conservation District, and its successors. "Flood Engineer" means the General Manager -Chief Engineer of the Flood Control District (or any successor to the responsibilities thereof if such office is no longer in existence), and any designee of said General Manager -Chief Engineer. "Funding Agreement" means this Infrastructure Funding and Acquisition Agreement, dated as of February 1, 2004, by and among the County, the Flood Control District, the City, the Authority and the Developer, as originally executed or as the same may be amended from time to time in accordance with its terms. "General Prevailing Wage Rates" means those rates as determined by the Director of the Department of Industrial Relations of the State to be applicable to the site of the Assessment Districts. "Improvement Fund" means, collectively, the Improvement Funds established by the Fiscal Agents Agreements into which a portion of the proceeds of the Bonds will AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 7 be deposited to pay for the costs of designing, engineering and construction of the Flood Control Channel. "Original District" means Assessment District No. 159 (Rancho Villages) of the County of Riverside. "Party" or "Parties" means, individually or collectively, each of the signatories to this Funding Agreement. "Plans" means the plans and specifications for the Flood Control Channel prepared or to be prepared at the direction of the City pursuant to Section 3.1 hereof. "Property" means all of the territory within the boundaries of the Community Facilities District. "Redhawk" means Redhawk Communities, Inc., a California corporation. "Series C Bonds" means the limited obligation improvement bonds, in a principal of $2,835,000.00, to sold and issued by the County on behalf of the Supplemental District and cash collections. "Series D Bonds" means the limited obligation improvement bonds, in a principal amount of $2,899,100.55, issued and sold by the County on behalf of the Original District and cash collections. "Stage 1" means that portion of the Flood Control Channel that commences at Loma Linda Road as an underground box culvert, transitions to an open channel and empties into Temecula Creek, approximately 2,600 linear feet from Station No. 15+24.00 to Station No. 41+22.23 "Stage 2" means that portion of the Flood Control Channel that is a grass lined channel, approximately 8,940 linear feet extending from Station No. 10+03.70 to Station No. 99+43.92 and is within a dedicated right of way that is adjacent to the easterly side of Pechanga Parkway and includes reinforced concrete road crossings, transition structures, and a maintenance access road on the easterly side of the Stage 2. "State" means the State of California. "Supplemental District" means Assessment District No. 159 Supplemental (Rancho Villages) of the County of Riverside. "1913 Act" means the Municipal Improvement Act of 1913, being Division 12 (commencing with Section 10000) of the Code. "1915 Act" means the Improvement Bond Act of 1915, being Division 10 (commencing with Section 8500) of the Code. AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 8 ARTICLE II PAYMENTS TO BE MADE FOR TH ECONSTRUCTION OF THE FLOOD CONTROL CHANNEL Section 2.1. City to Take Lead Responsibility for the Construction of the Flood Control Channel and is to Receive Progress Payments. The City will assume lead responsibility for the construction of the Flood Control Channel. The Developer is responsible for the design and engineering of Stage 2 and the City is responsible for the design and engineering for Stage 1. Payment for costs actually incurred are to be paid upon submittal of a progress payment request, verified by the City Engineer as to quantity and amount, to the Flood Engineer for review and determination of appropriateness. Once approved by the Flood Engineer, the progress payment request is to be submitted to the Administrator for presentation to the Fiscal Agent for payment. The form of the progress payment request for construction costs and the type of supporting documentation that is to be attached is to be agreed upon by the City Engineer and the Flood Engineer prior to the solicitation of bids for the construction of the Flood Control Channel, or any portion thereof. Upon receipt of the progress payment request and all required supporting documentation, the Flood Engineer will have 20 calendar days to review and, if appropriate, approve payment. If there is a deficiency in the progress payment request, the Flood Engineer is to notify the City Engineer by facsimile of the nature of the deficiency and the actions necessary to cure said deficiency. Once approved by the Flood Engineer, the payment request is to be submitted to the Administrator for payment. Upon execution of this Funding Agreement, the City Engineer may submit a progress payment request to the Flood Engineer stating and verifying all design and engineering costs that have been incurred and paid by either the City or the Developer as of the effective date of this Funding Agreement. Said progress payment request is to identify the entities to which payment is to be made and the dollar amount to be paid each. Said progress payment request is to include supporting documentation acceptable to the Flood Engineer to support that the costs have been incurred and paid. All progress payment requests for the cost of designing, engineering and constructing the Flood Control Channel are to be paid solely from the amounts held in the Improvement Fund and designated for the said Channel and the Escrow Account, and the County shall not be obligated to pay said costs for the Flood Control Channel except from the bond proceeds held in the Improvement Fund and designated for paying the costs of designing, engineering and constructing the Flood Control Channel and the amount held in the Escrow Account. If the designated bond proceeds held in the Improvement Fund and the amounts held in the Escrow Account are insufficient to pay for said costs, any deficiency is to be paid from proceeds of the special tax bonds sold and issued by the Community Facilities District. Neither the County nor the Flood Control District make any warranty, either expressed or implied, that the amounts held in the in the AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 9 Improvement Fund and the Escrow Account and available for the payment of designing, engineering and constructing the Flood Control Channel will be sufficient for such purpose. If during the construction of the Flood Control Channel, it is determined by the Flood Control District that an "interim transitional facility" is required to accept the flows from the unimproved portion of Stage 2 to the completed portions of Stage 1 at Loma LindaRoad, it is understood by both parties that neither bond proceeds of the Assessment Districts or of the Community Facility District can be made available to pay the costs of designing, engineering or constructing such "interim" facility. Section 2.2. Acceptance of Flood Control Channel. In order for the Flood Engineer to accept the Flood Control Channel into the Flood Control District's maintained system, the City shall deliver or cause to be delivered to or deposited with the Flood Engineer: (a) A copy of the documents conveying or which previously conveyed to the Flood Control District Acceptable Title to the real property on, in or over which the Flood Control Channel is located, as described in Section 2.3 thereof; and (b) A copy of the Notice of Completion for the Flood Control Channel that will be filed in accordance with Section 3093 of the California Civil Code, if applicable; and (c) Final lien releases addressed to the County, the Authority, the Community Facilities District, the Flood Control District, and the City; and (d) The City's civil engineer of record or construction civil engineer of record duly registered in the State shall provide to the Flood Control District redlined "as -built" plans and profile sheets for the Flood Control Channel. After the Flood Control District's approval of the redlined "as -built" drawings, the City's engineer shall schedule with the Flood Control District a time to transfer the redlines onto the Flood Control District's original mylars at the Flood Control District's office, after which, said engineer shall review, stamp and sign the original mylars "As - Built;" and (e) The Catastrophic Maintenance Endowment; and (f) The City and the Flood Control District will enter into a license agreement (the "License Agreement") that is substantially in the form of Exhibit C. The License Agreement will provide that the City has access to Stage 2 for purposes performing "routine" maintenance, as that term is defined in the License Agreement. It will also require the City to indemnify the Flood Control District for conceding to the Developer's request that Stage 2, for aesthetic purposes, be constructed as a "green belt" channel to which the public will have access. The Flood Control District will assume responsibility AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 10 for 'catastrophic" maintenance of Stage 2 as that term is defined in the License Agreement. Notwithstanding anything to the contrary contained herein, acceptance of the Flood Control Channel shall not be made unless the Flood Control District has by written notice to the Administrator and the City Engineer stated that the Flood Control District is willing to accept ownership of the Flood Control Channel as constructed consistent with Section 3.9, below, and to include it as part of its maintained system as of the Acceptance Date. Section 2.3. Dedication of Property and Easements to Flood Control District. Acceptable Title to all property not presently held by the Flood Control District on, in or over which the Flood Control Channel will be located shall be deeded over to Flood Control District by way of grant deed, quitclaim, or dedication of such property, or easement thereon, if such easement is approved by the Flood Control District as being a sufficient interest therein to permit Flood Control District to properly own, operate and maintain such Flood Control Channel located therein, thereon or thereover, and to permit the Flood Control District and the City to perform their respective obligations as set forth in this Funding Agreement. The written notice accepting the Flood Control Channel required by Section 2.2, above, will not be provided until the City Engineer has provided or caused to be provided to the Flood Control District: (a) Documents by which specified property owners have conveyed to the Flood Control District an easement, including ingress and egress, in a form approved by the Flood control District, for the rights of way shown in concept in cross hatched blue in Exhibit D, and policies of title insurance, in an amount not less than fifty percent (50%) of the estimated fee value, as determined by the Flood Control District, for each parcel so conveyed. (b) Documents by which the specified property owners have conveyed Lots 16 and 17 of Parcel Map 29305-1 in fee simple title to the Flood Control District for the rights of way as well as that property shown in concept and outlined in green in Exhibit E, and policies of title insurance, in an amount not less than one hundred percent (100%) of the estimated fee value, as determined by the Flood Control District for each parcel to be conveyed, have been provided to the Flood Control District. AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 11 ARTICLE III CONSTRUCTION OF THE FLOOD CONTROL CHANNEL Section 3.1. Preparation and Approval of Plans. To the extent that they have not already done so, the City, with regard to Stage 1, and the Developer, with regard to Stage 2, shall cause Plans to be prepared for the Flood Control Channel as provided in Section 2.1, above. The City and the Developer shall obtain the written approval of their respective Plans from the Flood Engineer. Section 3.2. Duty of the City to Construct. The City shall construct or cause to be constructed the Flood Control Channel, for which it has sole construction responsibility as provided in Section 2.1, in accordance with the Plans. The City shall perform all of its obligations hereunder and shall conduct all operations with respect to the construction of the Flood Control Channel in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. Notwithstanding the foregoing, nothing set forth in this Funding Agreement shall be construed to require the City to perform any work requiring a contractor's license, nor shall the City be deemed to be performing construction services pursuant to this Funding Agreement. Section 3.3. Bid and Construction Requirements. The City is to conduct the construction of the Flood Control Channel as a public works project, with the advertisement, solicitation of bids, and the award of the construction contract consistent with the applicable provisions of the California Public Contracts Code, the California Labor Code, the California Civil Code and the California Government Code. (a) Prior to soliciting bids for the Flood Control Channel, or any portion thereof, the City shall submit a bid packet for review and approval to the Flood Engineer. The contract for construction of Flood Control Channel, or any portion thereof, is to be awarded to the responsible bidder submitting the lowest responsive bid after notice inviting sealed bids consistent with the applicable provisions the Public Contracts Code. The Flood Engineer is to be provided with copies of all bids received. (c) The City shall require, and the Plans, bid and contract documents shall require, all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such individuals or entities are engaged to perform work on the Flood Control Channel, or any portion thereof, to pay not less than General Prevailing Wage Rates to all workers employed in the execution of the contract, to post a copy of the General Prevailing Wage Rates at the job -site in a conspicuous place available to all employees and applicants for employment, and to otherwise comply with AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 12 applicable provisions of the California Labor Code, the California Government Code and the California Public Contracts Code relating to General Prevailing Wage Rates as required by the specifications approved by the Flood Engineer. (d) The City shall require each contractor, subcontractor, vendor, equipment operator and owner operator, in each such case to the extent such individual or entity is engaged to perform work on the Flood Control Channel, or any portion thereof, to provide proof of insurance coverage satisfying the requirements of Section 3.11 hereof throughout the term of the construction of the Flood Control Channel. (e) The principal contractors engaged to perform work on the Flood Control Channel, or any portion thereof, shall be required to furnish to the City and copies to the Flood Control District (i) labor and material payment bonds, and (ii) contract performance bonds, each in an amount equal to 100% of the contract price, naming the County, the Flood Control District, the City and the Authority as obligees, and issued by a California admitted surety having a current A.M. Best ANIH (A:8) rating or an admitted surety insurer which complies with the provisions of Section 995.660 of the California Code of Civil Procedure. All such bonds shall be in a form as prescribed by the City. (f) The City shall comply, and shall cause each of its contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such individual or entity is engaged to perform work on the Flood Control Channel, or a portion thereof, to comply, with such other requirements relating to the construction of Flood Control Channel as the Flood Control District or the County may impose by written notification delivered to the City, to the extent legally required as a result of changes in applicable federal, State or County laws, rules or procedures. (g) The City shall require, and the Plans and bid and contract documents shall require, all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such individuals or entities are engaged to perform work on the Flood Control Channel, or portion thereof, to submit certified weekly payroll records or other proof of payment of General Prevailing Wage Rates to the City, for inspection by the City Engineer, and to furnish certified payroll records or such other proof of payment of General Prevailing Wage Rates to the Flood Engineer promptly upon request. (h) All change orders shall be reviewed and approved by the Flood Engineer for the purpose of ensuring that they comply with Flood Control District standards, as appropriate, which review and approval shall not be unreasonably withheld. Change orders need not be submitted to the Flood Engineer for review and approval prior to execution and commencement or continuation of work. (i) The City shall provide proof to the Flood Engineer, at such intervals and in such form as the Flood Engineer may require, that the foregoing requirements have been satisfied as to Flood Control Channel or any portion thereof. AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft:03/11/04 13 0) The City and the Developer have each deposited with the Flood Control District, sufficient funds to cover the anticipated costs, deemed necessary and reasonable, associated with the review and approval of the Plans for their respective Stages of the Flood Control Channel and the review and approval of right of way and conveyance documents. (k) At the time City submits a Notice of Intent to commence construction as set forth in Section 3.7 below, City shall deposit with the Flood Control District the estimated cost of providing construction inspection for the Flood Control Channel, in an amount as determined and approved by Flood Control District in accordance with Ordinance Nos. 671 and 749, including any amendments thereto, of the County, based upon the bonded value of the Flood Control Facility to be inspected, operated and maintained by the Flood Control District . Section 3.4. Licenses, and Repulatory Permits. The City, with regard to Stage 1, and the Developer, with regard to Stage 2, shall secure all necessary licenses, agreements, permits, rights of entry and temporary construction easements (collectively "Licenses") that may be needed for the construction, inspection, operation and maintenance of the Flood Control Channel. The City is to secure all permits approvals or agreements, if any, required by the various Federal and State resource and/or regulatory agencies (collectively, the "Regulatory Permits") for the construction, operation and maintenance of the Flood Control Channel. The Regulatory Permits include, but are not limited to, those permits issued by the U.S. Army Corps of Engineers, the State Water Resources Control Board ("SWRCB"), California State Department of Fish and Game and the San Diego Regional Water Quality Control Board. All Licenses and Regulatory Permits secured by the City and the Developer shall be reviewed by the Flood Engineer prior to execution or acceptance by the City to determine whether the conditions they specify are satisfactory to the Flood Control District to allow it to operate and maintain the Flood Control Channel. Section 3.5. NPDES Compliance. The City shall prepare and implement, or cause to be prepared and implemented, a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the requirement of the State's National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction Activity (SWRCB Order No. 99-08 DWQ) and any amendments thereto (the "General Permit"). The General Permit regulates both stormwater and non- stormwater discharges associated with construction activities required by this Funding Agreement. The SWPPP shall identify site specific "Best Management Practices" ("BMP's") to be implemented during and after construction to control pollution of Stormwater runoff and receiving waters. The identified BMP's shall include, but not be limited to, "good housekeeping" practices for the Construction Site such as establishing stabilized construction access points, providing adequate sanitary/septic waste management, designating vehicle and equipment cleaning/maintenance areas, employing proper material handling and storage practices, maintaining adequate soil stabilization and AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 14 erosion control practices to control the discharge of pollutants from the Construction Site and any activities thereon. The SWPPP shall also stipulate to an ongoing program for monitoring and maintenance of all BMP's. The City shall be solely responsible throughout the duration of constructing the Flood Control Channel for placing, installing, constructing, inspecting and maintaining all BMPs identified in the SWPPP and amendments thereto and for removing and disposing of temporary BMP's. The City shall become fully informed of and comply with the applicable provisions of the General Permit, Federal, State and local regulations that govern the City's activities and operation pertaining to both stormwater and non-stormwater discharges from the Construction Site of the Flood Control Channel and any area of disturbance outside the said Construction Site. The City shall, at all times, keep copies of the General Permit, the SWPPP and all amendments at the Construction Site. The SWPPP shall be made available upon request of a representative of the SWRCB, San Diego Regional Water Quality Control Board, or the United States Environmental Protection Agency. The City shall, at reasonable times, allow authorized agents of the above referenced agencies, upon the presentation of credentials, to: (i) enter upon the Construction Site; (ii) have access to and copy any records required to be kept as specified in the General Permit, (iii) inspect the Construction Site, including any offsite staging areas or material storage areas and determine whether related soil stabilization and sediment control BMP's have been implemented and maintained, and (iv) sample or monitor stormwater or non-stormwater runoff for purposes of ensuring compliance with the General Permit. The City shall be solely and exclusively responsible for any arrangements made between the City and adjacent property owners or entities that result in disturbance of land at the Construction Site. The City shall be responsible for all costs and for any liability imposed by law as a result of the City's failure to comply with the requirements set forth in this Section, including but not limited to, compliance with the applicable provisions of the General Permit and Federal, State and local regulations. For the purpose of this Section, costs and liabilities include, but are not limited to, fines, penalties and damages whether assessed against the County, the Flood Control District, the Authority or the Developer, including those levied under the Federal Clean Water Act and the State's Porter -Cologne Water Quality Act. Section 3.6. Cal/OSHA, Confined Space Entry. At all times during the construction of the Flood Control Channel, the City shall require all contractors to comply with all Cal/OSHA safety regulations including regulations concerning confined space and maintenance of a safe working environment for the Flood Control District, the City and their respective employees on the site. This will include the preparation of a confined space procedure specific for the Flood Control Channel. The procedure shall comply with requirements contained in Sections 5156, 5157 and 5158 of Title 8 of the AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 15 California Code of Regulations and the Flood Control District's "Confined Space Procedure, SOM-18." The confined space procedure is to be reviewed and approved by the Flood Engineer before proceeding with construction of the Flood Control Channel. Section 3.7. Notice of Intent to Commence Construction. Not less than twenty (20) Business Days prior to the date on which it intends to commence construction on the Flood Control Channel, the City is to provide written "Notice of Intent" to the Flood Engineer. Construction of the Flood Control Channel may not proceed until the Flood Engineer issues a "Notice to Proceed" to the City. The "Notice of Intent" is to include the following documents: (a) Copies of all Licenses and Regulatory Permits secured pursuant to Sections 3.4 and 3.5, above, including a copy of the Notice of Intent ("NOI") and waste discharge identification number ("WDID No.") received from the SWRCB pursuant to Section 3.5, above. (b) Copies of the bonds required by Section 3.3(e), above. (c) Construction Inspection Deposit required by Section 3.3(k), above. The Flood Control District's construction inspection staff is limited and, therefore, the issuance of the Notice to Proceed with regard to the Flood Control Channel is subject to staff availability. In the event the City wishes to expedite issuance of the Notice to Proceed with regard to Flood Control Channel, the City may elect to furnish an independent qualified construction inspector. The City shall furnish appropriate documentation of the individual's credentials and experience to the Flood Engineer for review and approval. The Flood Engineer shall review the individual's qualifications and experience and, upon approval, said individual shall be "deputized" and authorized to act on the Flood Control District's behalf on all construction inspection and quality control matters. If the City's initial construction inspection deposit furnished pursuant to Section 3.3(k) exceeds the amount of $5,000, the Flood Control District shall refund to the City up to eighty percent (80%) of the City's initial inspection deposit within forty-five (45) days of the Flood Engineer's approval of the "deputized" inspector, however, a minimum balance of $5,000 shall be retained in the account held by the Flood Control District. (d) Duly executed irrevocable offer(s) of dedication to the public for flood control purposes, including ingress and egress, for the rights of way deemed necessary by the Flood Control District and the City for the construction, inspection, operation and maintenance of the Flood Control Channel as required by Section 2.3, above. (e) Preliminary reports of title dated not more than thirty (30) days prior to date of submission for all property described in the irrevocable offer(s) of dedication. AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft:03/11/04 16 (f) A complete list of all contractors and subcontractors to be performing work on the Flood Control Channel, including the corresponding license number and license classification of each. On said list, the City shall also identify its designated superintendent for construction of the Flood Control Channel. (g) A construction schedule which shall show the order and dates in which the City and the City's contractor proposes to carry on the various parts of work, including estimated start and completion dates. As the construction progresses the City shall update said construction schedule upon request. (h) The final mylar plan and profile sheets for the Flood Control Channel and assign their ownership to the Flood Control District prior to the start of construction of the Flood Control Channel. (i) Certificates of insurance and endorsements as required by Section 3.11, below. 0) The confined space procedure as required by Section 3.6, above Section 3.8. Additional Conditions to be Satisfied during Construction. (a) The City shall complete construction of the Flood Control Channel within twenty-four (24) consecutive months after commencing work on the Flood Control Channel. It is expressly understood that since time is of the essence in this Funding Agreement, failure of the City to perform the work within the agreed upon time shall constitute authority for the Flood Control District to cause the remaining work to be performed and the cost thereof to be paid from the Improvement Fund and the Escrow Account, and should the amounts held in the Improvement Fund and the Escrow Account prove insufficient to complete the Flood Control Channel, then the Flood Control District may require the Community Facilities District to pay to the Flood Control District the amounts necessary to complete the Flood Control Channel. (b) Construction of the Flood Control Channel shall be on a five (5) day, forty (40) hour workweek with no work on Saturday, Sundays or days designated by the Flood Control District as legal holidays, unless otherwise approved by the Flood Control District. If the City feels it is necessary to work more than normal forty (40) hour workweek or on holidays, the City shall make a written request for permission from the Flood Control District to work the additional hours. The request shall be submitted to the Flood Engineer at least 72 hours prior to the request date for additional work hours and state the reasons for the overtime and the specific time frames required. The decision granting permission for overtime work shall be made by the Flood Control District at its sole discretion and shall be final. If permission is granted, the City will be charged the cost incurred at the overtime rates for additional inspection time required in connection with the overtime work in accordance with Ordinances Nos. 671 and 749 of the County, including any amendments thereto. AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft:03/11/04 17 Section 3.9. Inspection; Completion of Construction. The Flood Engineer shall have primary responsibility for providing inspection of the work of construction of the Flood Control Channel to insure that the work of construction is accomplished in accordance with the Plans approved by the Flood Engineer. The Flood Control District's staff shall have access to the Construction Site at all reasonable times for the purpose of accomplishing such inspection. The City is to provide the Flood Control District with written notice that it considers construction of the Flood Control Channel to have been completed consistent with the Plans and, upon receipt of said notice, the Flood Control District's staff will provide written confirmation that construction of the Flood Control Channel is complete consistent with the approved Plans and the provisions of this Funding Agreement. Upon receipt of both written notices, the Flood Engineer will in a timely manner notify the City that the Flood Control Channel has been satisfactorily completed and that the City is to proceed with the recording of a Notice of Completion with respect to such construction pursuant to Section 3093 of the California Civil Code. The City is to provide a duplicate copy of the recorded Notice of Completion to both the Flood Engineer. Within a reasonable time following receipt of the duplicate copy of the recorded Notice of Completion and the City's compliance with other provisions of Section 2.2 hereof, the Flood Engineer will issue the written notice required by said Section 2.2 that the Flood Control District will accept the Flood Control Channel into its maintained system. Section 3.10. Maintenance of Facilities; Warranties. The City shall maintain the Flood Control Channel in good and safe condition until the Acceptance Date of the Flood Control Channel. Prior to the Acceptance Date, the City shall be solely responsible for maintaining the Flood Control Channel in proper operating condition, and shall perform such maintenance on the Flood Control Channel as the Flood Engineer reasonably determines to be necessary. As of the Acceptance Date, the performance bond provided by the City for the Flood Control Channel pursuant to Section 3.3(e) hereof shall be reduced to an amount equal to 10% of the original amount thereof and shall serve as a warranty bond to guarantee that the Flood Control Channel will be free from defects due to faulty workmanship or materials for a period of 12 months from the Acceptance Date, or the City may elect to provide a new warranty bond or cash in such an amount and said warranty bond will be discharged from the Acceptance Date. At the conclusion of the 12 month period, the City shall assign to the Flood Control District all of the City's rights in any warranties, guarantees, maintenance obligations or other evidence of contingent obligations of third persons with respect to the Flood Control Facilities. Notwithstanding any other provision of this Funding Agreement to the contrary, the Flood Control District will only accept the entire Flood Control Channel, it will not accept Stage 1 prior to Stage 2 nor will it accept Stage 2 prior to Stage 1. Notwithstanding any other provision of this Funding Agreement to the contrary, the City will retain sole responsibility for maintaining the structural integrity of each of the reinforced concrete road crossings in Stage 1 or Stage 2. AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 18 Section 3.11. Insurance Requirements. Without limiting or diminishing City's obligation to indemnify and hold the County and the Flood Control District harmless pursuant to Section 5.6, hereof, the City shall procure and maintain or cause to be maintained, at its sole cost and expense the following insurance coverages, or alternate coverages acceptable to the County's Risk Manager, during the term of this Funding Agreement: (a) Commercial General Liability: Commercial General Liability insurance overage, including but not limited to, premises liability, contractual liability, products and completed operations, explosion, collages, use of cranes, and other heavy equipment and underground hazards, personal and advertising injury covering claims which may arise from or out of City's performance of its obligations hereunder. Policy shall name by endorsement the County, the Flood Control District, their respective directors, officers, Board of Supervisors, elected officials, employees, agents or representatives as "Additional Insureds." The policy's limit of liability shall not be less than $5,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Funding Agreement or be no less than two (2) times the occurrence limit. (b) Vehicle Liability: The City shall maintain liability insurance for all owned, non -owned or hired vehicles in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Funding Agreement or be no less than two (2) times the occurrence limit. Policy shall name by endorsement the County, the Flood Control District, their respective directors, officers, Board of Supervisors, elected officials, employees, agents or representatives as Additional Insureds. (c) Worker's Compensation Insurance: The City shall maintain Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State. Said policy shall include Employers' Liability (Coverage B) including Occupation Disease with limits not less than $1,000,000 per person per accident. Said policy shall be endorsed to waive subrogation in favor of the County and the Flood Control District; and if applicable, to provide a Borrowed Servant/Altemate Employer Endorsement. General Insurance Provisions - all lines: (i) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. Best rating of not less than an ANIII (A:8) unless such requirements are waived, in writing, by the County's Risk Manager. (ii) The City's insurance carrier(s) must declare its insurance deductibles or self -insured retentions. If such deductibles or self -insured retentions exceed $500,000 per occurrence such deductibles and/or retentions shall have the prior AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 19 written consent of the County's Risk Manager before the commencement of operations under this Funding Agreement. Upon notification of deductibles or self -insured retentions which are deemed unacceptable to the County and the Flood Control District, at the election of the County's Risk Manager, City's carriers shall either: (i) reduce or eliminate such deductibles or self -insured retentions as respects this Funding Agreement with the County and the Flood Control District, or (ii) procure a bond which guarantees payment of losses and related investigations, claims administration, defense costs and expenses. (iii) The City shall cause its insurance carrier(s) to furnish the County and the Flood Control District with (i) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein; or (ii) evidence of coverage acceptable to the County's Risk Manager, provide original certified copies of policies including all endorsements and all attachments thereto, showing such insurance is in full force and effect. (iv) The City shall not commence construction of the Flood Control Channel until the Flood Control District and the County have been furnished either original certificate(s) of insurance and certified original copies of endorsements, policies of insurance including all endorsements and any and all other attachments as requited in this Section, or other evidence of coverage acceptable to County's Risk Manager. (v) Further, said certificate(s) and endorsements to policies of insurance shall contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the County and the Flood Control District prior to any material modification or cancellation of such insurance. hi the event of a material modification or cancellation or coverage for the City, this Funding Agreement, as regards the City, as appropriate, shall terminate forthwith, unless the County and the Flood Control District receives, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages and the insurance required herein is in full force and effect. Individual(s) authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance. (vi) It is understood and agreed by the City and its respective insurance company(s) that the certificate(s) of insurance and policies shall so covenant and shall be construed as primary insurance, and the County's and Flood Control District's insurance and/or deductibles and/or self -insured retentions or self -insured programs shall not be construed as contributory. (vii) The City and its contractors shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Funding Agreement and will require all such subcontractors to name on their insurance policies by endorsement the County, the Flood Control District, their respective directors, officers, AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 20 Board of Supervisors, elected officials, employees, agents or representatives as "Additional Insureds." Copies of such certificates and endorsements shall be provided to the County and the Flood Control District. The minimum limits of liability required of all tiers of subcontractors is $1,000,000 Combined Single Limit for Commercial General Liability and $1,000,000 Combined Single Limit for Vehicle Liability Insurance. Section 3.12. Ownership of Flood Control Channel. (a) Notwithstanding the fact that a substantial portion of the Flood Control Channel will be constructed within dedicated street rights -of -way or on property which has been or will be dedicated to the Flood Control District or the City, the Flood Control Channel shall be and remain the property of the City until Acceptable Title to parcels not owned by the Flood Control District is conveyed to the Flood Control District as provided herein. Ownership of said parcels by the Developer, the City or any third parties shall likewise not be affected by any agreement that either Developer or the City may have entered into or may enter into pursuant to the provisions of the Subdivision Map Act, Section 66410 et seq. of the Code, and the provisions of this Section shall control. The Flood Control District will not be obligated to accept ownership of the Flood Control Channel until all of the conditions set forth in this Funding Agreement have been satisfied. (b) City, by execution of this Funding Agreement, grants the Flood Control District all rights necessary to inspect, construct, reconstruct, operate and maintain those portions of the Flood Control Channel located within City rights -of -way. (c) All of the conditions precedent set forth in Section 2.2, above, has been satisfied. AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft:03/11/04 21 ARTICLE V REPRESENTATIONS, WARRANTIES AND COVENANTS; INDEMNIFICATION Section 4.1. Representations, Warranties and Covenants of the City. The City makes the following representations, warranties and covenants for the benefit of the Flood Control District, the County, the Authority and the Developer, as of the date hereof: (a) Authority. The City represents and warrants that it has the power and authority to enter into this Funding Agreement, and has taken all action necessary to cause this Funding Agreement to be executed and delivered, and this Funding Agreement has been duly and validly executed and delivered on behalf of City. (b) Binding Obli ag tion. The City represents and warrants that this Funding Agreement is a valid and blinding obligation of the City and is enforceable against the City in accordance with its terms, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general equity principles. (c) Completion of the Flood Control Channel. The City covenants that it will use its reasonable and diligent efforts to do all things that may be lawfully required of it in order to cause the Flood Control Channel to be completed in accordance with this Funding Agreement. (d) Compliance with Laws. The City covenants that for the period that the Flood Control Channel is owned by the City or required pursuant to this Funding Agreement to be maintained by the City, it will not commit, suffer or permit any of its agents, employees or contractors to commit any act to be done in, upon or to the Flood Control Channel in violation in any material respect of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the Flood Control Channel. (e) Progress and Retention Payments. The City represents and warrants that (i) it will prepare each progress payment request and verify it as to quantities, labor and dollar amounts, (ii) the retention payment request will not be submitted until the Flood Control District has submitted notice to all affected parties that it will accept the Flood Control Channel into its maintained system, and (iii) it will diligently follow all procedures set forth in this Funding Agreement. AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft:03/11/04 22 (g) Financial Records. Until the Acceptance Date of the Flood Control Channel, the City covenants to maintain proper books of record and account for the costs incurred in the design, engineering and construction of the Flood Control Channel. The City covenants that such accounting books will be maintained in accordance with generally accepted accounting principles, and will be available for inspection by the Flood Engineer and/or the Administrator at any reasonable time during regular business hours on two Business Days' prior written notice. (h) Hazardous Wastes. The City represents and warrants that neither the City, nor any contractor, subcontractor, agent or employee thereof will use, generate, manufacture, procure, store, release, discharge or dispose of any hazardous Material or, under or about the Construction Site or transport any Hazardous Material to or from the Construction site in violation of any federal sate or local law, ordinance, regulation, rule, decision or policy statement regulating Hazardous Material. (i) Permits. The City covenants that it will pursue in a commercially reasonable manner any governmental or other permits or licenses required to proceed with the construction of the Flood Control Channel and that it will pay all fees relating thereto. The City represents and warrants that to the best of its knowledge, as of the date hereof, there is no material legal impediment to its proceeding with the construction of the Flood Control Channel. (i) Environmental Matters. The City represents and warrants that it has complied with, or has caused compliance with, CEQA as required for the construction of the Flood Control Channel. Section 4.2. Representations, Warranties and Covenants of the County. The County makes the following representations, warranties and covenants for the benefit of the City, The Flood Control District, the Authority, and the Developer: (a) Authority. The County represents and warrants that it has the power and authority to enter into this Funding Agreement, and has taken all actions necessary to cause this Funding Agreement to be executed and delivered, and this Funding Agreement has been duly and validly executed and delivered on behalf of the County. (b) Binding Obligation. The County represents and warrants that this Funding Agreement is a valid and blinding obligation of the County and is enforceable against the County in accordance with its terms, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general equity principles. (c) Progress and Retention Payments. The County represents and warrants that it will timely follow all procedures set forth in the Funding Agreement. AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 23 (d) Available Funds. The County represents that (i) $4,721,120.95 in cash collections and proceeds from the Bonds has been deposited to the Improvement Fund, (ii) $2,2,455,521.44 to be deposited into the Escrow Account pursuant to the Deer Hollow Agreement, and any interest earnings on either fund or account will be available for the Construction of the Flood Control Channel Section 4.3. Representations, Warranties and Covenants of the Flood Control District. The Flood Control District makes the following representations, warranties and covenants for the benefit of the City, the County, the Authority, and the Developer: (a) Authority. The Flood Control District represents and warrants that it has the power and authority to enter into this Funding Agreement, and has taken all actions necessary to cause this Funding Agreement to be executed and delivered, and this Funding Agreement has been duly and validly executed and delivered on behalf of the Flood Control District. (b) Binding Obligation. The Flood Control District represents and warrants that this Funding Agreement is a valid and blinding obligation of the Flood Control District and is enforceable against the Flood Control District in accordance with its terms, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general equity principles. (c) Progess and Retention Payments. The Flood Control District represents and warrants that it will timely review all payment requests submitted to it and follow all procedures set forth in the Funding Agreement. (d) Completion of Flood Control Channel. The Flood Control District covenants that it will use its reasonable and diligent efforts to take expeditiously all actions that may be lawfully required of it in issuing permits, processing and approving Plans and inspecting the Flood Control Channel in accordance with this Funding Agreement Section 4.4. Representations, Warranties and Covenants of the Authority. The Authority makes the following representations, warranties and covenants for the benefit of the City, the County, the Flood Control District and the Developer: (a) Authority. The Authority represents and warrants that the it has the power and authority to enter into this Funding Agreement, and has taken all action necessary to cause this Funding Agreement to be executed and delivered, and this Funding Agreement has been duly and validly executed and delivered on behalf of the Authority. (b) Binding Obligation. The Authority represents and warrants that this Funding Agreement is a valid and blinding obligation of the Authority and is enforceable against the Authority in accordance with its terms, subject to AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 24 bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general equity principles. (c) Sale and Issuance of Special Tax Bonds by the Community Facilities District. The Authority represents that special tax bonds have been issued and sold by the Community Facilities District and that the proceeds of the said bonds that have been made available to finance the acquisition and construction of public improvements, including the Flood Control Channel, is of an amount sufficient to allow for the completion of the Flood Control Channel should the amounts stated in Section 4.2(d) above prove to be insufficient. Section 4.5. Representations, Warranties and Covenants of the Developer. The Developer makes the following representations, warranties and covenants for the benefit of the City, the County, the Flood Control District and the: (a) Organization. The Developer represents and warrants that it is a limited liability company duly organized and validly existing under the laws of the State, is in good standing under the laws of the State, and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated. (b) Authority. The Developer represents and warrants that it has the power and authority to enter into this Funding Agreement and has taken all action necessary to cause this Funding Agreement to be executed and delivered, and this Funding Agreement has been duly and validly executed and delivered on behalf of the Developer. (c) Binding Obligation. The Developer represents and warrants that this Funding Agreement is a valid and binding obligation of the Developer and is enforceable against the Developer in accordance with its terns, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general equity principles. (f) Completion of Stage 2 Design and Engineering. The Developer covenants that it will use its reasonable and diligent efforts to do all things that may be lawfully required of it in order to cause the design and engineering of Stage 2 to be completed in accordance with this Funding Agreement. Section 4.6. City Indemnification. The City agrees to protect, indemnify, defend and hold the County, the Flood Control District, and the Authority, and their respective directors, officers, Board of Supervisors, Board of Directors, elected officials, employees, representatives and agents, and each of them (the "Indemnified Parties"), harmless from and against any and all claims, losses, expenses, suits, actions, decrees, judgments, awards, reasonable attorney's fees, and court costs which the Indemnified Parties, or any combination thereof, may suffer or which may be sought against or recovered or obtained from the Indemnified Parties, or any combination thereof, as a AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 25 result of or by reason of or arising out of or in consequence of (a) the design and engineering of Stage I and the construction, and installation of the Flood Control Channel and (b) any act or omission of the City or any of its contractors or subcontractors, or their respective officers, employees or agents, in connection with the Flood Control Channel. If the City fails to do so, the Indemnified Parties shall have the right, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including reasonable attorneys fees or court costs, to and recover the same from the City. No indemnification is required to be paid by the City for any claim, loss or expense arising from the willful misconduct or gross negligence of the Indemnified Parties. The provisions of this Section shall survive the termination of this Funding Agreement. Section 4.7. Developer Indemnification. The Developer agrees to protect, indemnify, defend and hold the County, the Flood Control District, the City, the Authority and their respective directors, officers, Board of Supervisors, City Council, Board of Directors, elected officials, employees, representatives and agents, and each of them (the "Indemnified Parties"), harmless from and against any and all claims, losses, expenses, suits, actions, decrees, judgments, awards, reasonable attorney's fees, and court costs which the Indemnified Parties, or any combination thereof, may suffer or which may be sought against or recovered or obtained from the Indemnified Parties or any combination thereof, as a result of or by reason of or arising out of or in consequence of (a) the design and engineering of Stage 2 and (b) any act or omission of the Developer or any of its subcontractors, or their respective officers, employees or agents, in connection with the design and engineering of Stage 2. If the Developer fails to do so, the Indemnified Parties, or any combination thereof, shall have the right, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including reasonable attorneys fees or court costs, to and recover the same from the Developer. No indemnification is required to be paid by the Developer for any claim, loss or expense (a) arising from the willful misconduct or gross negligence of the Indemnified Parties, or combination thereof, or (b) arising from the design and engineering of Stage 2 after its acceptance, unless such claim, loss or expense results from the defective or improper design or engineering of Stage 2. The provisions of this Section shall survive the termination of this Funding Agreement. AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft:03/11/04 26 ARTICLE V MISCELLANEOUS Section 5.1. The City and the Developer as Independent Contractors. In performing under this Funding Agreement, it is mutually understood that City and the Developer are acting as independent contractors, and not as agents of the County, Flood Control District or the Authority. Neither the County, Flood Control District nor the Authority shall have any responsibility for payment to any contractor, subcontractor or supplier of the City or the Developer. Section 5.2. Other Agreements. Nothing contained herein shall be construed as affecting the County, the Flood Control District, the City, the Authority or the Developer's respective duty to perform their respective obligations under other agreements, land use regulations or subdivision requirements relating to the development of the Property, which obligations are and shall remain independent of any Party's rights and obligations under this Funding Agreement; provided, however, each Party shall use its reasonable and diligent efforts to perform each and every covenant to be performed by it under any lien or encumbrance, instrument, declaration, covenant, condition, restriction, license, order, or other agreement, the nonperformance of which could reasonably be expected to materially and adversely affect the construction and installation of the Flood Control Channel. Section 5.3. Binding on Successors and Assigns. Neither this Funding Agreement nor the duties and obligations of Parties hereunder may be assigned to any person or legal entity other than an affiliate of a Party without the written consent of the remaining Parties, which consent shall not be unreasonably withheld or delayed. The agreements and covenants included herein shall be binding on and inure to the benefit of any partners, permitted assigns, and successors -in -interest of the Parties hereto. Section 5.4. Amendments. This Funding Agreement can only be amended by an instrument in writing executed and delivered by the Parties. Section 5.5. Waivers. No waiver of, or consent with respect to, any provision of this Funding Agreement by any Party hereto shall in any event be effective unless the same shall be in writing and signed by the affected Parties, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given. Section 5.6. No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof (except the Community Facilities District), and nothing in this Funding Agreement (either express or implied) is intended to confer upon any person or entity, other than the Parties (and their respective successors and AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 27 assigns), any rights, remedies, obligations or liabilities under or by reason of this Funding Agreement. Section 5.7 Notices. Any written notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication to be given hereunder shall be given to the Party entitled thereto at its address set forth below, or at such other address as such Party may provide to the other party in writing from time to time, namely: County: County Executive Office County of Riverside Attn: Special Districts Administrator 4080 Lemon Street, 4th Riverside, California 92501 Telephone: (909) 95 5-1100 Fax: (909) 955-1105 Flood Control District: Riverside County Flood Control and Water Conservation District Attn: Mark H. Wills 1995 Market Street Riverside, California 92501 Telephone: (909) 955-1200 Fax: (909) 788-9965 City: Director of Public Works City of Temecula 43200 Business Park Drive Temecula, California 92590 Telephone: (909) 694-6411 Fax: (909) 694-6475 Authority: Temecula Public Financing Authority Treasurer 43200 Business Park Drive Temecula, California 92590 Telephone: (909) 694-6430 Fax: (909) 694-6479 Developer: Wolf Creek Development 255 Rincon Street, Suite 200 Corona, California 92879 Attn: Mike White Telephone: (909) 372-8500 Fax: (909) 372-8510 AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft:03/11/04 28 Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the Party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, whether by telex, telegram or telecopier, upon the sender's receipt of a document confirming satisfactory transmission, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery at the address specified in this Section. Section 5.8. Jurisdiction and Venue. Each of the Parties (a) agrees that any suit action or other legal proceeding arising out of or relating to this Funding Agreement shall be brought in state or local court in the County of Riverside or in the Courts of the United States of America in the district in which said County is located, (b) consents to the jurisdiction of each such court in any suit, action or proceeding, and (c) waives any objection that it may have to the laying of venue or any suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Each of the Parties agrees that a final and non -appealable judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Section 5.9. Attorneys' Fees. If any action is instituted to interpret or enforce any of the provisions of this Funding Agreement, the Parties prevailing in such action shall be entitled to recover from the other Parties thereto reasonable attorney's fees and costs of such suit (including both prejudgment and post judgment fees and costs) as determined by the court as part of the judgment. Section 5.10. Governing Law. This Funding Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State. Section 5.11. Usage of Words. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. Section 5.12. Counterparts. This Funding Agreement may be executed in counterparts, each of which shall be deemed an original. Section 5.13. Interpretation. The Parties to this Funding Agreement and their counsel have reviewed and revised this Funding Agreement, and the normal rule of construction to the effect that any ambiguities in an agreement are to be resolved against the drafting Parties shall not be employed in the interpretation of this Funding Agreement. Section 5.14. Designation of Party's Representative. Each Party is to prepare a certificate designating the person or persons that are to serve as the liaison between the remaining Parties regarding design, engineering and construction of the Flood Control AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 29 Channel. The certificate is to contain an original and specimen of each designated person. The certificates are to be exchanged between the parties within thirty days of the effective date of this Funding Agreement. [Balance of page intentionally left blank] AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 30 IN WITNESS WHEREOF, the Parties hereto have executed this Funding Agreement as of the day and year first hereinabove written. COUNTY OF RIVERSIDE I: ATTEST: NANCY ROMERO, Clerk to the Board of Supervisors Deputy Clerk ROY WILSON Chairman, Board of Supervisors APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN, County Counsel By: Deputy County Counsel Un FOR APPROVAL: WARREN D. WILLIAMS General Manager -Chief Engineer ATTEST: Nancy Romero, Clerk of the Riverside County Flood Control and Water Conservation District Lo Deputy RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT JAMES A. VENA 3LE Chairman, Board of Supervisors of the Flood Control and Water conservation District [Signature Lines Continued on Next Page] AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 31 ATTEST: City Clerk Susan W. Jones, CMC APPROVED AS TO FORM: City Attorney Peter Thorson ATTEST: Secretary Susan W. Jones, CMC CITY OF TEMECULA Michael S. Naggar, Mayor TEMECULA PUBLIC FINANCING AUTHORITY LM Michael S. Naggar, Chairperson, Board of Directors WOLF CREEK DEVELOPMENT, LLC, a California limited liability company By: Standard Pacific Corp., a Delaware Corporation, Its Managing Member Lm 0 August Belmont, Authorized Representative Michael J. White, Authorized Representative By: Alameda Property Investments, LLC, a Delaware limited liability company, Its Member By: Name: Title: AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft:03/11/04 32 EXHIBIT B FLOOD CONTROL CHANNEL Stagel: (Sta. 15+24.00 to Sta. 41+22.23) Estimated Cost A 1,810'+ long triple 14'W x TH reinforced concrete box culverts ("RCB") with adjoining transition structures extending from Loma Linda Road to its outlet, 900'+ NW of Muirfield Drive along and within the existing drainage course that parallels the northerly limit of Tract Map 21607; a 475'+ long x 68'+ wide concrete line trapezoidal channel extending from the RCB outlet, and a 200'+ long rip -rap lined channel that ends at the drainage course outlet to Temecula Creek. Stage2: (Sta. 10+03.70 to Sta. 99+43.92) A variable width (94'± to 118'+) by 8,940'+ long grass lined trapezoidal channel extending from Deer Hollow Way to Loma Linda Road, with transition structures; RCB at the three road crossings, and the 14'+ wide crushed slag base maintenance road generally paralleling the channel. Mahogany Parkway North - 79'+ long triple wide 14'W x 6"H RCB Wolf Valley Road - 109'+ long triple 14'W x 6'H RCB Mahogany Parkway South - 99'+ long triple wide 12'W x 6"H RCB TOTAL $ 5,700,000.00 $ 2,400,000.00 i11 111 11 The work required to complete the Channel will include, but is not limited to, all necessary clearing and grubbing, temporary bypass channel construction and removal, dewatering, temporary shoring, grading, excavation, backfill, construction of any necessary appurtenances including catch basins, junction structures, manholes, storm drain pipe, access roads, right -or -way fencing, and any necessary road work or utility relocation costs required to facilitate the completion of the Channel AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 1 EXHIBIT C LICENSE AGREEMENT The RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, hereinafter called "DISTRICT", and the CITY OF TEMECULA, hereinafter called "CITY", hereby agree as follows: RECITALS A. Pursuant to the Infrastructure Funding and Acquisition Agreement (Wolf Valley Creek Channel), hereinafter called the "AGREEMENT", dated as of March 1, 2004 by and between DISTRICT, CITY, the County of Riverside, the Temecula Public Finance Authority and Wolf Creek Development, LLC, hereinafter called "DEVELOPER", CITY is to construct approximately 8,940 lineal feet of "green belt" channel extending from Station No. 10+03.70 to Station No. 99+43.92 within a dedicated right of way that is adjacent to the easterly side of Pechanga Parkway and includes a maintenance access road on the easterly side of the channel collectively defined in the AGREEMENT as "Stage 2", and hereinafter called "STAGE 2", within the boundaries of the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) (the "Community Facilities District"). B. STAGE 2 has been designed to collect and convey storm and flood waters emanating from the Wolf Valley watershed. Pursuant to said AGREEMENT, DISTRICT is to accept STAGE 2 right of way for ownership upon completion of construction of Stage 1 and STAGE 2 and transfer of the necessary fee interest to DISTRICT. Said right of way, hereinafter called the "RCFC PARCEL", which consists of three parcels and is shown in concept in red on Exhibit "A" attached hereto and made a part hereof, and does not include any road crossing to be owned by CITY. Additionally, as set forth in this License Agreement, DISTRICT and CITY have agreed to divide certain responsibilities for the operation and maintenance of STAGE 2; and C. STAGE 2 is an essential and critical component of the proposed flood protection and drainage infrastructure for the Wolf Valley Creek drainage area. Upon acceptance by DISTRICT, STAGE 2 will become an integral element of DISTRICT'S maintained system of flood protection works. D. The flood hazard associated with Wolf Valley Creek is sporadic in nature; thus, portions of the RCFC PARCEL may be utilized for certain public recreation uses including pedestrian, equestrian and bicycling; and AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 2 E. As set forth herein, DISTRICT is willing to allow the public to utilize the RCFC PARCEL for purposes of accommodating appropriate recreational uses, provided (i) said uses do not compromise STAGE 2's primary flood protection purpose, (ii) said uses do not unduly interfere with DISTRICT'S ability to operate and maintain STAGE 2 and (iii) DISTRICT is held harmless and indemnified against any claims that may result from the public's use of RCFC PARCEL for recreational purposes; and F. As set forth herein, CITY is willing to (i) conduct periodic safety inspections within RCFC PARCEL and perform "routine" maintenance, as that that term is defined in this agreement, of STAGE 2 (ii) extend an easement to DISTRICT for the removal of debris at road crossings, and (iii) indemnify and hold DISTRICT harmless against any claims resulting from the public's use and of the RCFC PARCEL or CITY's responsibilities in connection therewith or the condition thereof; and G. As set forth herein, DISTRICT will assume (i) responsibility for "catastrophic" maintenance, as that term is defined in this License Agreement, of STAGE 2 and (ii) the removal of sediment and debris at specified road crossings; and H. It is in the public interest to proceed with this License Agreement NOW, THEREFORE, the parties hereto mutually agree as follows: SECTION I DISTRICT shall: 1. Grant to CITY a license to utilize RCFC PARCEL for public recreation purposes which are not incompatible with STAGE 2's primary flood protection purpose and function and which do not otherwise interfere with or impair the DISTRICT'S ability to operate and maintain STAGE 2 or any of its appurtenant works. Said license shall remain in effect indefinitely so long as CITY's use of the RCFC PARCEL is so limited. 2. Give written notice to CITY of any use of RCFC PARCEL that is not in conformity with this License Agreement or which may adversely affect the flood protection function of STAGE 2, and grant to CITY thirty (30) days from and after such notice to correct any such nonconforming use. 3. Assume sole responsibility for the "catastrophic" maintenance of STAGE 2 to insure the integrity of the design lines and grades of STAGE 2 such that it can convey the design runoff; the term "catastrophic" is defined to be erosion/scour or material deposition to the design cross section of STAGE 2 that is twelve (12) inches in depth, or greater, or any damage to any concrete structure (including transition structure, headwall, cutoff wall, etc.) or rip rap. "Catastrophic" maintenance does not include any obligation to restore landscaping or other surficial treatments. AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft:03/11/04 C-2 4. Remove accumulated debris within the STAGE 2 reinforced concrete road crossings located at Loma Linda Road, Wolf Creek Road North and Wolf Valley Road as necessary to insure the hydraulic capacity as designed. 5. Except as set forth in Paragraphs I.3. and I.4., above, assume no further responsibility, obligation, or liability whatsoever, for the operation and maintenance of STAGE 2. 6. With regard to the use of RCFC PARCEL as set forth herein, DISTRICT reserves the right to require remediation, and, if remediation is unsuccessful, to terminate this License Agreement if, in the opinion of the General Manager -Chief Engineer, the public's use of the RCFC PARCEL results in, or contributes to, a public hazard, a public nuisance, a degradation of water quality, or any other matter of substantive concern to the DISTRICT. SECTION II CITY shall: 1. Assume sole responsibility for maintaining the structural integrity of the box culvert road crossings within STAGE 2. 2. Prior to constructing any improvements or performing any modifications within the RCFC PARCEL, submit plans and specifications to DISTRICT for review and approval and pay DISTRICT for its cost of reviewing said plans and specifications. 3. Obtain an encroachment permit from DISTRICT, pursuant to its rules and regulations, prior to commencing any construction or modifications within the RCFC PARCEL. 4. If CITY should install any improvements and/or equipment or if CITY uses or allows use of the RCFC PARCEL in a manner which, in the opinion of the General Manager -Chief Engineer, would be detrimental to the function of the STAGE 2, it will, upon written request of the General Manager -Chief Engineer, remove said improvements and/or equipment or cease said use. With regard to any such improvements and/or equipment situated within RCFC PARCEL, CITY waives any right it may have against DISTRICT for damage that results from DISTRICT'S customary use of RCFC PARCEL for operation and maintenance of STAGE 2 or its appurtenant works. 5. Within RCFC PARCEL, assume sole responsibility for ensuring the public's safety and enjoyment thereof, including but not limited to (i) performing all "routine" maintenance of STAGE 2 which is defined to include all required maintenance of STAGE 2 that is not "catastrophic" and is intended to include, but not be limited to, trash removal, mowing, irrigation, contact spraying of maintenance road, and graffiti AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 C-3 removal, and (ii) assuming all liability associated with the recreational use of RCFC PARCEL, including claims of third persons for injury or death or damage to property. Said obligation shall not include any inverse condemnation liability of DISTRICT by reason of the location of RCFC PARCEL or STAGE 2 unless such liability is the result of CITY's operations or use of the property by the public pursuant to CITY's actual or tacit consent. 6. Within RCFC PARCEL, ensure the safety of the public who may utilize RCFC PARCEL by conducting periodic safety inspections and promptly making such repairs as are necessary to safeguard the public and its use thereof. 7. In its use of the RCFC PARCEL under the rights herein granted, CITY agrees to promptly repair any damage to STAGE 2, unless such damage would be defined as catastrophic in which CITY is to provide notice to DISTRICT and secure the area until the repairs can be effected by DISTRICT. 7. Within the RCFC PARCEL, or otherwise associated with this License Agreement, indemnify and hold DISTRICT, its Board of Supervisors, officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of CITY, its officers, agents, employees, subcontractors, independent contractors, guests and invitees for property damage, bodily injury or death (CITY employees included) or any other element of damage of any kind or nature, related to or in any manner connected with or arising from CITY's use and responsibilities in connection therewith of the RCFC PARCEL or the condition thereof, and CITY shall defend, at its expense, including attorneys' fees, DISTRICT, its Board of Supervisors, officers, agents, employees and independent contractors, in any legal action based upon such alleged acts or omissions. SECTION III It is further mutually agreed: 1. Each party, as to any claim or liability arising out of any act or omission with reference to any work to be performed by or authority delegated to such party as a result of this License Agreement, shall save, defend, indemnify and hold harmless the other party, their respective officers and employees from all liability from death or injury to person, or damage to property, or claim therefore. 2. DISTRICT reserves the right to terminate any use granted pursuant to this license, if for any reason whatsoever, DISTRICT determines that said use of the RCFC PARCEL is not compatible with STAGE 2's primary flood protection function and purpose or said use unduly interferes with DISTRICT's ability to operate and maintain STAGE 2. AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 C-4 3. Any waiver by DISTRICT or by CITY of any breach of any one or more of the terms of this License Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term hereof. Failure on the part of DISTRICT or CITY require exact, full and complete compliance with any terms of this License Agreement shall not be construed as in any manner changing the terms hereof, or estopping DISTRICT of CITY from enforcement hereof. 4. If any provision in this License Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 5. This License Agreement is to be construed in accordance with the laws of the State of California. 6. Any written notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication to be given hereunder shall be given to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other party in writing from time to time, namely: RIVERSIDE COUNTY FLOOD CONTROL CITY OF TEMECULA AND WATER CONSERVATION DISTRICT P. O. BOX 9033 1995 Market Street Temecula, CA 92589-9033 Riverside, CA 92501 Telephone: (909) 694-6411 Telephone: (909) 955-1200 Fax: (909) 694-6475 Fax: (909) 788-9965 Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, whether by telex, telegram or telecopier, upon the sender's receipt of a document confirming satisfactory transmission, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery at the address specified in this Section. 7. Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a right or rights provided for by the License Agreement, shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county. 8. This License Agreement is the result of negotiations between the parties hereto, and the advice and assistance of their respective counsel. The fact that this License Agreement was prepared as a matter of convenience by DISTRICT shall have no AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft: 03/11/04 C-5 import or significance. Any uncertainty or ambiguity in this License Agreement shall not be construed against DISTRICT because DISTRICT prepared this License Agreement in its final form. 9. This License Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive state of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, it connection therewith. This License Agreement may be change or modified only upon the written consent of the parties hereto. [Balance of Page Intentionally Left Blank] AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft:03/11/04 C-6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on (to be filled in by Clerk of the Board) RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RECOMMEND FOR APPROVAL: WARREN D. WILLIAMS General Manager -Chief Engineer ATTEST: Nancy Romero, Clerk of the Riverside County Flood Control and Water Conservation District By: Deputy APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN, County Counsel By: Deputy County Counsel JAMES A. VENABLE Chairman, Board of Supervisors of the Flood Control and Water conservation District CITY OF TEMECULA ATTEST: By: City Clerk By: Susan W. Jones, CMC APPROVED AS TO FORM: City Attorney By: Peter Thorson Michael S. Naggar, Mayor AD No. 159 - Agreement for Wolf Creek Channel Fourth Draft:03/11/04 C-7 ITEM 13 ORDINANCE NO. 04-03 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 Negative Declaration for this project in accordance with the requirements of the California 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 passage; and within fifteen (15) days after Councilmembers voting thereon, it shall be in said City. be in full force and effect thirty (30) days after its its passage, together with the names of the City published in a newspaper published and circulated RJOrds 2004/Grew 04-03 PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 13th day of April, 2004. ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Michael S. Naggar, Mayor I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 04-03 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day of April, 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 20th 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:/Ords 2004/Grew 04-03 2 EXHIBIT A R:/Ords 2004/Grew 04-03 DE PORTOLA ROAD PLANNED DEVELOPMENT OVERLAY DISTRICT 17.22.190 TITLE Sections 17.22.190 through 17.22.198 shall 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. 1. 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. R:/Ords 2004/Orew 04-03 4 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 RJOrds 2004/Grew 04-03 Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District Description of Use PDO-8 B Bakery goods distribution Bakery retail 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 R:/Ords 2004/Orew 04-03 Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District Description of Use PDO-8 Cold storage facilities Communications and microwave installations2 Communications equipment sales Community care facilities P Computer sales and service P Congregate care housing for the elderly 1A6 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 centerse 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 R:/Ords 2004/Grew 04-03 Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District Description of Use PDO-8 Fortune telling, spiritualism, or similar activity - Freight terminals - Fuel storage and distribution - Funeral parlors, mortuary - Furniture sales - Furniture transfer and storage - 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 - RJOrds 2004/Grew 04-03 Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District Description of Use PDO-8 J Junk or salvage yard K Kennel - L Laboratories, film, medical, research or testing centers P Laundromat - Laundry service (commercial) - 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 R:/Ords 2004/Orew 04-03 Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District Description of Use PDO-8 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 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:/Ords 2004/Grew 04.03 10 Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District Description of Use PDO-8 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 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 - R:/Ords 2004/Orew 04-03 11 Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District Description of Use PDO-8 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 - 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. RJOrds 2004/Omw 04-03 12 Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District Description of Use I PDO-8 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. 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 OverlayDistrict 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 20 ft. R:/Ords 2004/Orew 04-03 13 Table 17.22.198 Development Standards De Portola Road Planned Development Overlay District Development Standards PDO-8 Collector and Local streets 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 landscaping:' Adjacent to residentially zoned property 3 Across the street from residentially zoned proe 2 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 1. This requirement does not apply to new single-family detached residences. Security light fixtures are not allowed in this area. 2. 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. 3. Trash enclosures shall not be located within the supplemental perimeter landscape areas. RJOrds 2004/Grew 04-03 14 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 shall 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. 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. Equestrian Trail. The existing equestrian trail west of this Planned Development Overlay Zone shall be continued along De Portola Road to the intersection of Margarita and De Portola Roads. R:/Ords 2004/Orew 04-03 15 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT APRIL 13, 2004 A regular meeting of the City of Temecula Community Services District was called to order at 7:52 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 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of March 23, 2004. 2 TCSD Proposed Rates and Charges for FY 2004-2005 RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. CSD 04-04 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 MOTION: Director Naggar moved to approve Consent Calendar Items No. 1-2. The motion was second by Director Stone and electronic vote reflected unanimous approval. Minutes.c d\041304 DIRECTOR OF COMMUNITY SERVICES REPORT No additional comments. GENERAL MANAGER'S REPORT Sharing fond memories of Mrs. Evelyn Harker and thanking her for her continued support, General Manager Nelson commented on her fondness for this City and extended his prayers to Mr. Bill Harker and his family for their loss. BOARD OF DIRECTORS' REPORTS Director Naggar suggested that in memory of Mrs. Harker that a tree and a plaque be dedicated at the Sports Park. It was the consensus of the Board to proceed in that manner. President Washington as well extended his condolences to Mr. Harker and his family on their loss. ADJOURNMENT At 7:55 P.M., the Temecula Tuesday, April 20, 2004, at Temecula, California. ATTEST: Susan W. Jones, CIVIC City Clerk/District Secretary [SEAL] Community Services District meeting was formally adjourned to 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Chuck Washington, President Minutes.csd\041304 ITEM 2 CITY ATTORNEY DIRECTOR OF Flr CITY MANAGERL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services (� William G. Hughes, Director of Public Works/City Engineer DATE: April 20, 2004 SUBJECT: Completion and Acceptance of "Children's Museum Building Shell Improvements"-2H Construction, Inc., Project No. PW02-01CSD PREPARED BY: Amer Attar, Principal Engineer Brian Guillot, Assistant Engineer RECOMMENDATION: That the Board of Directors: Accept the construction of "Children's Museum Building Shell Improvements", Project No. PW02-01 CSD, as complete and direct the City Clerk to: 2. File the Notice of Completion, release the Performance Bond and accept a one (1) year Maintenance Bond in the amount of 10% of the contract, and; 3. Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. BACKGROUND: On January 28, 2003, the Board of Directors by resolution awarded an emergency repair construction contract for Project No. PW02-01 CSD Children's Museum Building Shell Improvements, to 2H Construction, Inc. in the amount of $137,422.50. The contract was amended on May 27, 2003, to include additional structural repairs in the amount of $171,224.25; for a contract total of $308,647.25. During the course of construction, structural problems were encountered requiring major repairs to the exterior bearing wall of the structure threatening the building's stability. Following an engineering investigation, it was determined that the wall would need to be reconstructed. Later it was discovered that the floor structure would also require repair and replacement. The Contractor has now completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works/City Engineer. All work shall be warranted for a period of one (1) year from the date of acceptance by the City. FISCAL IMPACT: The Children's Museum Building Shell Improvements is a Capital Improvement Project funded through Capital Project Reserves, Proposition 12 (State Urban Centers/Education Grant) and the Redevelopment Agency. Five (5) contract change orders were issued for a total of $38,787.00. The final amount of the contract is $347,434.25. r?AGENDA REPORTS2004/021004/PW02-13 Rancho Ca Acceptance ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit r:\AGENDA REPORTS/2004/021004/PW02-13 Rancho Ca Acceptance RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. Nature of Interest Vendee Under Contract. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to 2 H Construction, Inc., 4101 Long Beach Blvd., Long Beach, CA 90807 to perform the following work of improvement: CHILDREN'S MUSEUM BUILDING SHELL IMPROVEMENTS Project No. PW02-01CSD 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on April 20, 2004. That upon said contract the St. Paul Fire and Marine Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Children's Museum Building Shell Improvements PW02-01CSD 6. The location of said property is: 42081 Main Street, Temecula, California Dated at Temecula, California, this 20" day of April, 2004 City of Temecula Susan W. Jones CMC, City Clerk STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE 1 ss CITY OF TEMECULA 1 I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 201h day of April, 2004. City of Temecula Susan W. Jones CMC, City Clerk R:\ClP PROJECTS\P OZM02-01 Child Museum\21-1 COMPLETION NOTE.doc BOND NO.: SS3487 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. Pwo-oiCSD CHILDREN MUMU&I BUILDING SHELL IMPROVEMENTS KNOW ALL PERSONS BY THESE PRESENT THAT: 2H Construction, Inc. 4101 Long Beach Blvd., Long Beach, CA 90807 NAME AND ADDRESS CONTRACTOR'S a Corporation MY in whether � hereinafter called Principal, and Corpontlon PeMnenh,� orindNldwq St. Paul Fire and Marine Insurance Company 8900 N. 22nd Ave., Suite 300, Phoenix, AZ 85021 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter, " OWNER, in the penal Sum of THIRTY FOUR THOUSAND SEVEff-RUNSS=FORTY DOLLARS and CENTS (i ) in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terns of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severalty, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 28th day of January ZQ o4 a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW02- 010SD, CHILDREN'S MUSEUM BUILDING SHELL IMPROVEMENTS, WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defectsInworkmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and the final estimate was approved on _ January 30 20 04 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that R within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or It shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this Instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attomeys' fees incurred by MAINTENMCEBOND M-t cwoaaa noxwuocuettre o.t rrtewcMumweymmme,w the City of Temecula In successfully enforcing this obligation, all to be taxed as costs and Moluded in any judgment rendered. The Surety hereby stipubrtna and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, 4r to the work to be performed thereunder. or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and It does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 24thh T day of (Seal) St. Paul FSir�eRd Marine I ce Company By: NJ�OmH HUNSI G (' R'Cte�rney-In-Fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney March PO 04 PRINCIPAL. 2H Constr 13y; .__ SEAN R. HITCHCOCK (Name) PRESIDENT (Title) By: KZi uj CYNTHIA L. GONZALEZ (Name) SECRETARY (Title) MAINTENANCE 9oND M,2 !-AawYmntlflgAt'�I��I�eavaum Cal"local1101IVA111!! I '7' �Z.Y�IIy4ir;[1]�'/_��ISI�tT/l 10" State of California County of Los Angeles On March 24, 2004 before me, Mary Smith, Notary Public, appeared JOHN D. HUNSINGER, ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the personal whose name(spis/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature on the aminstrument the person `or the entity upon behalf of whichthe perso SMITH =acted, executed the ins rument. 1396731IC • CALIFORNIA DLES GOUNTY es dan. ze, zoos f WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATO OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(TES) DESCRIPTION OF ATTACHED DOCUMENT StPhul Surety SL PaW F7re and Marine Insurance Company United States Fidelity and Guaranty Company SL Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company SL Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paid Medical Liability Insurance Company Bond No. SS3487 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act'). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is 0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. meSt1$01 Power of Attorney No. Seaboard Surely Con,POWER OF ATTORNE St. Paul Fire and pany St. Paul Guardian Lasurancs rance Company St. Paul Mercury Insurance company 23244 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. KNOW ALL MEN BY THESE PRESENTS:Certificate NO. SI. Paul Fire and Marine Insurance That Seaboard Surel n 6 O 5 5 6 the laws of the State of Minnesota, and that Uarantnited States Fidelil y C Cara ry is a corporation only P' Y Fie Paul Guardian Insurance Co Y organized under Ilse laws' of the State of N that Fidelil pany and St. Paul Mercury Insurance Compan Underwriters, In is Gua corporation dui o01npany is a corpoationndulCuaram ew York, y Company is a co poration dui or Y are corporations dui or and That hereby make, constitute and a Y ganized under the laws of the organized under the laws Y organized under the laws of the Slate under and ppoint State of of the State oC Iowa, and That Wisconsin (herein cal[eetivel Fidelil John D. FJ mf/ed the "C'um+armies'• Y and GO, Insurance ❑nsinger, Mary Smi Steve L. Broclane er and that the Companies do Y and Ronald C. Wanglin Of the City of Pasadena each in their separate capacity if more than one is named above, tta State contracts and other written instruments in the nature thereof onbehalf it the Ca]jfOlnja Performance of contract and executin or sign its name as surety to, and to execute, seal and acknowledge tz rand lawful Al[ome s g guaranteeing bonds and u COmpame.s in their business of y and all bonds, undertakings, IN WITNESS W undertakings required or perrFit, in an guaranteeing the fidelity of HEREOF, the Companies have caused this instrument to be y actions or proceedings allowed Persons, guaranteeing the Signed and sealed this 8� y law. Seaboard Surety company—� day of April 2003 S[. Paul Fire a St Paul FireGuaand Marie Insurance Company Insurance United States Fidelity and Guaranty Company St. Paul Mercury Fidelity and Guaranty Insurance Company y Insurance Company Fidelity and y � . . Guaranty Insurance Underwriters, Inc. 1927 '" w i5• ?aa, ,.SEALjtt8sit. ✓''�1977Rlap Of Maryland City of Baltimo ePETER W CARMAN, Vice president On this sth le Thomas E. Huibre— day of ,t{pI'1� e, acknOwie 2003 THomgS s. yUIB� Marine Insurance Com Y dged themselves to be the Vice Preside before Inc, the u GTSE, Assistant Secretary Guaranty Insurance Corn n SL Paul Guardian Insurance Co undersigned officer, Company, SC Paul Mercu Assistant Secretary, respectively, Personally appeared Peter W Carman and said Companies; and thatpthe and Fidelity and Guaranty Mercury Insurance Camnited Y of Seaboard Surety Com an , corporations b the Y as such, being affieerszed sostoance Underwriters, Inc and that the seals affixed to the foregoingStates idtand p y St. Paul Fire and Y themselves as duly authorized o do, executed the foregoingY Guaranty Company, instmme instmmen[ are the corpo atteelity and seals of men' for the purposes therein contained by signing the names of the In Witness Whereof, I hereunto set m 0``�°A�Sr`� �7�/,��� Y hand and official seal. m� �pgggP �� _- Ny Commission expires the 1st day of July, 2006.p V t �'gEena � REBECCA EASLEY-ONOKALA, Notary Public '03 Rev. 7-2o02 printed in U.S.A. CITYOF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW02-01 CSD CHILDREN'S MUSEUM BUILDING SHELL IMPROVEMENTS This is to certify that 2H CONSTRUCTION. ItyC(hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW02-01CSD, CHILDREN'S MUSEUM BUILDING SHELL IMPROVEMENTS, situated in the City of Temecula, State of California, more particularly described as follows: CHILDREN'S MUSEUM BUILDING SHELL IMPROVEMENTS (PW02-01CSD) INSERT ADDRESS OR DESCRIBE LOCATION OF WORK HERE The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: 3 / 19 / 2004 CONTRACTOR: 2H CONSTRUCTION, INC. Signature CYNTHIA I. GONZALEZ, SECRETARY Print Name and Title RELEASE R-1 C.V=UE-twxre LOCALS-nTEnaoR-ncoc IEMAVQOZRdea dw ITEM 3 APPROV CITY ATTORNEY FINANCE DIRECTO_R CITY MANAGER A CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: April 20, 2004 SUBJECT: Amendment #1to 4" of July Fireworks Presentation Contract PREPARED BY: Julie Crowe -Pelletier, Recreation Superintendent RECOMMENDATION: That the Board of Directors: 1. Award Amendment No.1 to contract with Pyro Spectaculars, Inc. extending the term of the current agreement to add two calendar years. 2. Approve an amount of $30,000 for preparation and display. 3. Approve a 10% contingency for an amount not to exceed $3,000. DISCUSSION: Pyro Spectacular, Inc. has provided the 4" of July fireworks display for the past three years. The vendor has provided safe professional service and has presented an exceptional fireworks display. The original two year contract provided for a one year extension which the City has employed. Based on the vendors' exceptional performance and the extremely limited number of local pyrotechnical providers staff is recommending that the original contract be amended to add two additional years of fireworks presentations. The City Attorney and Risk Manager concur with this recommendation. Amendment No.1 also reflects a $5,500 increase per show based upon rising insurance and workers compensation costs. Services provided by Pyro Spectaculars Inc. will include a licensed pyrotechnic operator, full electronic firing custom designed and choreographed twenty-three minute "Sky Concert", insurance coverage, sales tax and delivery, as well as a simulcast of the choreographed music via Temecula's local KATY 103.5 FM radio station. FISCAL IMPACT: Cost to produce one (1) 4t" of July Extravaganza fireworks show annually will not exceed $33,000. Unencumbered funds exist in account #190-183-999- 5370. RdCROWEJ\AGENDAWrograms\4th of July\4th of July.04.doc FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND PYRO SPECTACULAR, INC. THIS FIRST AMENDMENT is made and entered into as of April 20, 2004 by and between the City of Temecula, a municipal corporation ("Purchaser") and Pyro Spectaculars. Inc. ("California Corporation"). 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 April 24, 2001, the City and Consultant entered into that certain agreement entitled "Pyro Spectaculars, Inc. Display Agreement' ("Agreement'). B. The parties now desire to extend the term of the Agreement to add two calendar years to the original date of termination to allow for the provision of services in calendar years 2004 and 2005. 2. The parties also desire to increase the annual amount of the California Corporation Compensation under the Agreement to ($30,000) Thirty Thousand Dollars. 3. Except for the changes specifically set forth above, all other terms and conditions of the Agreement shall remain in full force and effect. R: ICROWEILIGREEMENTSI4TH OF JULYAMENDMEAT.DOC IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Jeff Comerchero, TCSD President ATTEST: mm Susan W. Jones, CIVIC City Clerk Approved As to Form: M- Peter M. Thorson City Attorney CONSULTANT Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, California 92377 F-YA I L4, G1LTA I TITLE: R. ICROWEI4GREEMENTSI4TH OFJULYAMENDMENT.DOC 2 ITEM 4 APPROVAL CITY ATTORNEY FINANCE DIRECTOR / CITY MANAGER }/ CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: April 20, 2004 SUBJECT: Temecula High School Gymnasium Joint Use Agreement PREPARED BY: �i 4hyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors approve in substantial form the Joint Use Agreement between the City of Temecula and the Temecula Valley Unified School District for a Gymnasium at Temecula Valley High School. BACKGROUND: The Temecula Valley Unified School District (District) has an opportunity to construct a gymnasium at Temecula Valley High School, using grant funds available to the District from the State Allocation Board. One of the requirements of the grant is that the District has a Joint Use Partner for the project. The District has approached the City with a request that the TCSD act as the Joint Use Partner for this project. The gymnasium is proposed to be 66,847 square feet. It will include three full size basketball courts, seating for approximately 2,500 people, boys' and girls' locker rooms, weight room, wrestling room, restrooms, and storage rooms. The estimated cost for the facility is $9.3 million. The District hopes to obtain as much as $2 million of that amount from the State Allocation Board under the joint use process. The gymnasium project is a portion of an overall larger $28 million improvement project planned for Temecula Valley High School. Phase 1 of the larger project is the lowering of the hill on Pauba Road and the construction of new baseball fields in that area. This will then allow Phase 2, which is the gymnasium to be constructed in the area occupied by the existing baseball fields. Phase 3 involves the conversion of the existing gymnasium to a preforming arts facility accommodating approximately 800 seats. Phase 4 is the relocation of portable classrooms to allow Phase 5 to take place, which is the construction of a pool complex. Phase 6 is a new two story classroom building and Phase 7 is the elimination of portable classrooms at the time the District opens its fourth high school facility. The term of the joint use agreement with the TCSD is five years with automatic five year renewals thereafter. The District shall be solely responsible for all design and construction costs of the facility, as well as, all operations and maintenance costs. R:\RUSEPWGENDAWVUSD Joint Use Agreement for NHS Gym -cc 4-20-04.doc The District shall have first priority for use of the facility to meet student athletic, educational and recreational needs. Once District needs have been met, the facility will be available for community use. As the Joint Use Partner, the TCSD will have first priority among community user groups for use of the new gym facility. The TCSD envisions using the facility, as scheduling permits, for community purposes such as youth and adult basketball league play, volleyball and special events. The District and the TCSD will agree upon a use fee to be paid to the District prior to scheduling TCSD events in the facility. The District will work with the TCSD on a reduced hourly rate for use in recognition of our Joint Use Partner relationship. The Joint Use Agreement will provide a mechanism for the District to secure funds for a needed facility for school athletic programs. It will also provide additional gym space for the TCSD's growing recreational activities. FISCAL IMPACT: There is no fiscal impact for the construction of the gymnasium facility. All design, construction, operations and maintenance costs will be provided by the District. The TCSD will be subject to negotiated user fees for the facility at such time as the TCSD uses the gymnasium. The use fees will represent only the TCSD's actual use of the facility and shall not be a percentage of on -going operations and maintenance costs. R:\RUSEP\AGENDAS\TVUSD Joint Use Agreement for NHS Gym-oc 4-20-04.doc JOINT USE AGREEMENT BETWEEN THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT AND THE CITY OF TEMECULA THIS JOINT USE AGREEMENT ("Agreement') is entered into as of , 2004, by and between the Temecula Valley Unified School District, a public school district existing under the laws of the State of California ("District'), and the City of Temecula ("Joint Use Partner"). WHEREAS, Education Code Section 17052 authorizes school districts to enter into joint use agreements with community organizations for the purpose of constructing libraries, multipurpose rooms and gymnasiums on existing school sites where these facilities are used jointly by both the school pupils and for community purposes, and provides funding from the State Allocation Board for such projects. WHEREAS, the District desires to construct a gymnasium ("Facility") on the grounds of Temecula Valley High School, a school site that is owned by the School District and located at 31555 Rancho Vista Dr., Temecula, CA. WHEREAS, the City of Temecula is a Community Organization charged with the responsibility of providing community recreational services. WHEREAS, the City of Temecula desires that it become a partner in the joint use of the proposed Facility under the terms and conditions set forth in State Law and in this Agreement. WHEREAS, the District and the Joint Use Partner wish to provide a Facility that will be available for use by students, and the general public for community purposes, in accordance with the policies and procedures contained in this Agreement and such additional policies and procedures as may be developed. WHEREAS, it is the intent of the District and the Joint Use Partner to maximize the use of a Future Joint Use Facility by allowing district -wide community access to the Facility after school hours and on weekends as much as is practicable. Lr*7uy 1. Term of Agreement. The term of this Agreement shall commence upon execution by both parties and shall remain in effect for 5 years. After the initial 5-year term, the agreement shall automatically renew every five (5) years. 2. Description of Facility. The District owns all other buildings and grounds buildings at Temecula Valley High School, in the County of Riverside, California. The portion of the School Site dedicated to the construction of the Facility is shown as Exhibit `B" attached to this agreement for reference. The Facility will be constructed as in accordance with Plans and Specifications to be approved by the Division of the State Architect. 3. Purpose of Facility. The purpose of the Facility will be to provide the students of Temecula Valley High School, and the community members of the City of Temecula, regular access to a full sized gymnasium. The gymnasium, in addition to supporting the District's educational purposes, is anticipated to support many other youth and community group activities. The Facility is intended to support, but not limited to, such activities as basketball, volleyball, general recreation as well as providing space for general meetings. 4. Construction of Facility. The District shall be fully responsible for the construction of the Facility and for entering into any and all agreements required for, and relating to the construction of the Facility. The District shall be responsible for complying with all State and local laws relating to the construction of school facilities. 5. Project Approvals. The District shall be responsible for obtaining all necessary approvals and permits for construction of the Facility including, but not limited to, obtaining approval of the plans and specifications by the Division of the State Architect, obtaining approval of the project by the State Department of Education, and applying for funding from the State Allocation Board. 6. Funding Responsibilities for Construction. Funding for the construction of the Facility shall be the District. The State Allocation Board may provide funding for construction in the amount approved by the State Allocation Board under the authority granted by Education Code section 17052. 7. Joint Use of the Facility. The District and the Joint Use Partner shall share the use of this Joint Use of the Facility. The Parties agree to cooperate in coordinating programs and activities conducted at the Facility so as to avoid conflicting uses, to ensure the availability of the Facility to the District, the Joint Use Partner and the community on an equitable basis. The following guidelines will control the scheduling of the Facility: A. Scheduling Responsibility. The District shall be fully responsible for scheduling all use of the Facility during the School Day. B. Community Use. The Facility shall be available for District -wide community purposes for the maximum extent possible after regular school hours, but no less than twenty (20) hours per week. C. District Priority. The District shall have exclusive use and control of the Facility from one hour prior to, until two and one-half hours after, regular school hours when school is in session. During non -school hours, District shall have a priority of use of the Facility in scheduling all District - sponsored activities, and other functions. D. Scheduling Events. On an annual basis, the District shall provide the City of Temecula a schedule of all District events for each school year as soon as such schedule is prepared. The City of Temecula shall then submit a proposed schedule of activities and events to the District. The District shall calendar City of Temecula activities and events before any other groups/ events. E. Coordination. The designated Representatives of the District and the City of Temecula shall meet at least annually, to discuss operations and scheduling of the Facility and make any necessary adjustments. F. Governance. Any and all persons using the Facility shall abide by state and federal laws and regulations as well as local school board policies and administrative regulations. 8. Operations of Facility. The District and the City of Temecula shall share responsibility for the day-to-day operations of the Facility. The District shall be responsible for providing staffing, supervision, and security during regularly scheduled school hours when school is in session, and during any official, school - sponsored activities that occur during or after school hours. The City of Temecula shall be responsible for providing staffing, supervision, and security as deemed necessary by mutual agreement during all times during which the Facility is used for City of Temecula sponsored activities and events. 9. Operational Costs. a. Responsibility for Costs. The District will be responsible for the operational costs of the building including water; electricity, gas, sewage and garbage pick up for the joint use facility and will assume the costs of normal maintenance on the interior and exterior of the building. b. Charges for Facility Use. Charges for Facility use will be determined by the District based upon the Use of Facilities application process and agreed to by the Joint Use Partner and Groups using the facility and billed to the user group. All charges will be determined in advance of the activity and agreed upon by the District and the Community Group before the date of the event or start of the activity. 10. Student Safety. The Safety and Security of District students and staff are of utmost importance. Therefore, use of the joint use facility during school hours will be limited to use by students, teachers and other school staff. All joint use facility use by non -district users (both for City of Temecula sponsored and other Community events) will take place on night and weekends when school is not in session and will be governed by the District's Board policies and administrative regulations regarding facilities use. These School District policies require that all visitors shall register immediately at the administrator's office upon entering the school site when school is in session. Then a staff member of the District shall accompany all visitors during the time while they are on the school site. 11. Insurance. Each party agrees to either self -insure in an amount not less than specified below or insure against damages or injuries which may arise from the activities contemplated by this Agreement by purchasing and maintaining for the term of this Agreement a commercial general liability insurance policy, and automobile policy, both with a combined single limit of not less than two million dollars (2,000,000), which policy shall include or be endorsed to include the other party as an additional insured. The Parties agree to provide evidence of such insurance upon request. Each party shall also carry Worker's Compensation Insurance for its own employees as required by law. The District will be required to cant' and pay for the required State Property Insurance. 12. Termination. This Agreement shall automatically terminate in the event the Facility is not approved by the State Department of Education or the Division of the State Architect within one (1) year of execution. This Agreement shall also automatically terminate in the event the Facility is not approved for funding by the State Allocation Board within three (3) years of execution. hi such cases, the Parties may amend this Agreement or enter into a new agreement for the same purposes contained herein. After the initial 5-year term of this agreement, either party may terminate this agreement by providing at least six (6) months written notice prior to the end of each subsequent five (5) year term. 13. Notices and Contacts. All notices, demands, requests, approvals, authorizations, or designations hereunder by either the School District or the Joint Use Partner to the other shall be in writing and shall be given and served upon the other party, or sent by United States registered mail, return receipt requested, postage prepaid and addressed as follows: School District: Temecula Valley Unified School District District Superintendent 31350 Rancho Vista Road Temecula, CA 92592 Joint Use Partner: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Either party may change its address or contact person by giving notice to the other party. The Parties have executed this Agreement as of the date(s) indicated below. SCHOOL DISTRICT: Temecula Valley Unified School District By: Title: Secretary of the Governing Board Date: JOINT USE PARTNER: City of Temecula By: Title: Date: Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney EXHIBIT "A" DESCRIPTION OF MULTI -USE FACILITY A 3 full size basketball court gymnasium with related locker rooms, sports rooms, and restrooms approximately 66,847 sq. ft. to be constructed on the Temecula Valley High School campus. TCSD DEPARTMENTAL REPORT REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY APRIL 13, 2004 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:55 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS ABSENT: 0 AGENCY MEMBERS Naggar, Roberts, Stone, Washington, and Comerchero 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 23, 2004. 2 Sale of Aoencv PrODertv — 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 27500 Jefferson Avenue. MOTION: Agency Member Stone moved to approve Consent Calendar Item Nos. 1-2 . The motion was seconded by Agency Member Naggar and electronic vote reflected unanimous approval. R: M1nutes.rda\041304 EXECUTIVE DIRECTOR'S REPORT No comments. AGENCY MEMBERS'REPORTS No comments. ADJOURNMENT At 7:56 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, April 20, 2004 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R: w1 i n utes. rd a\041304 � . 1 DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Redevelopment Agency Members FROM: John Meyer, Redevelopment Director 3W DATE: April 20, 2004 SUBJECT: Monthly Departmental Report Attached for your information is the monthly report as of April 20, 2004 for the Redevelopment Department. First Time Homebuvers Program Funding in the amount of $100,000 is available for FY 03 —04, with $24,000 funded to date. Residential Improvement Programs The program budget for FY 03/04 is $250,000, with $64,760 funded on 17 units. Affordable Housing The Cottages of Old Town project consists of 14 new single-family detached homes and 3 rehabilitated single-family homes located on Sixth Street. The first 14 Homeowners have moved in with the remaining 3 scheduled to move in sometime in April 2004. Habitat for Humanity Council entered into a Disposition and Development Agreement (DDA) with Habitat for Humanity on February 11, 2003 to develop a home -ownership project within the Pujol Neighborhood. The project located on the northwest corner of Pujol and First Streets, will consist of 6 new single-family detached homes. The total project site is approximately 37,000 square feet with approximate lot sizes of 5,000. The houses are arranged along Pujol Street and a private lane. The groundbreaking was held on July 26, 2003. RASYERSK\M0NTH LLY W PRIL04.doc Senior Housin Council entered into a Disposition and Development Agreement (DDA) on January 14, 2003 with Community for Better Housing (CBH) for a 66 unit affordable senior housing project on Pujol Street. The project will be two-story garden -style apartments and project amenities, which will include a community room, and swimming pool. The project will be completed in early 2004. Old Town Communitv Theater The bid opening was held on January 14. Council awarded the construction contract to Tovey/Shultz Construction, Inc. at the February 10, 2004 City Council meeting in the amount of $7,168,000. Construction has begun and should be completed in 14 months. Bailv's Restaurant Council entered into a Disposition and Development Agreement (DDA) with Chris and Kim Baily on March 25, 2003 to develop a restaurant on the property located at Old Town Front and 2°d Street. The building will consist of casual and patio dining on the first floor with a fine dining restaurant on the second floor. Construction has begun and should be completed in the Fall 2004. Campus Project The Redevelopment Agency entered into a Disposition and Development Agreement with AGK Group, LLC, on March 16, 2004 to develop, construct and operate an educational facility. The facility will consist of mixed -income apartments, retail facilities, parking and participating college universities. The project should be completed in Fall of 2006. Facade ImprovemenVNon-Conforming Sign Program The following facade improvement/sign projects are in process or have recently been completed: • Hitching Post - Sign Program • Penfold Building - Sign Program - Completed • Homes Magazine - Sign Program — Completed RASYERSK\M0NTHLLYWPRIL04.doc 2 Old Town Promotions/Marketing YOUTH JAZZ FESTIVAL The Old Town Temecula Youth Jazz Festival was held Saturday, April 17 from 10 a.m. to 5 p.m. Ten bands performed including Musicians Workshop Jazz Band, Temcula High School Jazz Band, Murrieta High School and Lake Elsinroe High School Jazz Band, plus James Day and Vail Ranch Middle School Bands, Antonio Pontarelli performed with his new rocking blues band Parabloas featuring ingers Joelle James and Briteny Toldeo. The event also included food vendors and craft vendors. BLUEGRASS FESTIVAL The forth annual Bluegrass Festival was held in Old Town Temecula, March 20 & 21. Bluegrass bands from California and Arizona joined in a weekend of picking and fiddle playing from 11 a.m. to 6 p.m. each day. The Old Town Bluegrass Festival offered 12 bands which serenaded over the weekend consisting of traditional Appalachian Bluegrass, fiddlers, and hybridized Country/bluegrass bands. The 2004 festival had a line up of 12 bands over two days. Headlining the music festival was Bluegrass Etc., a nationally known band that performed a show of instrumental expertise, vocal precision and stage personality highlighting the weekend with two performances each day. The group tours more than eighteen countries per year, and performed more that 200 shows annually at festivals and in concert. Additional bands that performed were Silverado Bluegrass Band, Kanes's River, the Witcher Brothers, Lilies of the West, Grateful Dudes, The Andy Rau Band, Suzie Glaze and the Eight -Hand String Band, The Burnett Family Band, and The Lost Canyon Rangers. While there were plenty of areas for jamming and workshops, the Older than Dirt Gang was the official host jam band and had jam sessions on the porch of Mainstreet Sub Station in Old Town. Workshops on the mandolin, fiddle, guitar and banjo were held each day and were also free. A Saturday night jam session was held at Musicians Workshop in Old Town Temecula. A non-profit organization dedicated to giving a performance experience to young musicians, Musicans Workshop offered refreshments for a small fee during the evening jam session. All entertainment was free. The event also included food vendors, craft vendors, children's programs and exhibits. Additional Old Town events will be held to include Western Days, May 17 & 18 and the Street Painting Festival, June 21 & 22. RASYERSKNONTHLLYW PRIL04.doc I �l T; 2004 N Lt s Ponta S { ` f RICH SCHOOL t l Nt 1SCHOOL 7 � , t { t h ;! 1 o" PDAMMO lazzt; i WOMHOP TAU a1 : t 1991NOM Rios SCHOOL BAD 1=0 DAY MWDLE SCHOOLi ,U! Plus Shopping in Old Town with over 100Msh°ops, adtigne dealers and `gift es, for bfor u 04 .4909) L � k 19 mh v UVOU4 i1l[AF oPQ 1i a k ra¢�SotUhr✓W.4alifP�4l��'awsA�er Page 1 of 1 Kathi Syers From: BobMoore1@aol.com Sent: Wednesday, March 24, 2004 7:23 AM To: MelsAds@aol.com Subject: Re: bluegrass Festival In a message dated 3/16/04 7:18:30 PM Pacific Standard Time, MelsAds writes: okiedokie — Mel, I and the the rest of the Santa Anita A's who visited Temecula for the Bluegrass Festival want to thank you for making arrangements for us to park our cars. We only needed the spot on Saturday, as they all went to visit antique shops on Sunday morning before our afternoon departure. The spot you selected was particularly good, for we had hundreds of interested visitors who stopped to look and ask questions. I think it added something to the day for them. I hope to be able to set up a repeat next year. The music was great, the weather was cool with that nice breeze .... all in all a great day. Bob Moore 04/12/2004 Message Page I of 1 Kathi Syers From: Lindalee Green [LindaleeGreen@Earthlink.net] Sent: Monday, March 22, 2004 2:49 PM To: MelsAds@aol.com Subject: Thank you from The Lost Canyon Rangers Melody - Thank you so much for letting us be a part of the Temecula Blue Grass Festival. It was a really wonderful day! See you down the trail! The Lost Canyon Rangers Lindalee Green & The Lost Canyon Rangers LindaleeGree-g@EaM4L net 818-316-0828 FAX-818-316-0821 04/12/2004 Page 1 of 1 Kathi Syers From: LINDA TOUSSAINT [s.toussaint@verizon.net] Sent: Friday, April 02, 2004 10:04 PM To: melsads@aol.com Subject: Blue Grass Festival Hello! -1 just wanted to commend you, and the City of Temecula, on a wonderful event! The music was spectacular and being able to wander about the streets listening to such melodious sound was a real treat! While I was there, I had the opportunity to sit in on a class given by Antonio Pontarelli and was very impressed with his talent and the poise with which he handled the class. He is a shining example of youth today and you are lucky to have such a fine young man participating in your event. Sincerely, Linda Toussaint 04/12/2004 Page 1 of 1 Kathi Syers From: S. Beesley [mzbeez@cox.net] Sent: Saturday, March 27, 2004 12:35 PM To: Ron Roberts; Mike Naggar; John.Myers@cityoftemecula.org; Kathi Syers Subject: Bluegrass festival was great fun Hello to the Officials and City Council Members of Temecula, I'd just like to say a great big THANKS to the City of Temecula for once again putting on a really fun weekend of bluegrass music! We like to come to Temecula anyway and it is just such a bonus to have a weekend of music when we visit. We were there both days, got to eat out a few times with vendors and at Rosa's and Texas Lil's, enjoyed doing a bit of shopping in the stores and really enjoyed the music. We'll come back every year, as we have since the start, and I know tons of our association members were there too - we ran into other bluegrass buddies every 10 feet. We saw folks from at least 4 different music associations around Southern California, plus promoters of a couple of other bluegrass festivals too. When you pull those people in year after year, you must be doing something right! We all look forward to the weekend there every March. We sure hope you'll always continue with this really great family event! Thanks so much! Sincerely, Sandy Beesley President, San Diego North County Bluegrass & Folk Club P.O. Box 1265, Vista CA 92085-1265 Tel/Fax: 760.726.8380 www.northcountyb luegrass.org Email: mzbeez@cox.net Club Website: www northcountybluegrass.ora 04/12/2004 ITEM 14 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: rv&lliam G. Hughes, Director of Public Works/City Engineer DATE: April 20, 2004 SUBJECT: First Reading of the City of Temecula Grading, Erosion and Sediment Control Ordinance PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: Introduce and read by title only an ordinance entitled: ORDINANCE NO. 04- AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, ADDING TITLE 18 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO GRADING, EROSION AND SEDIMENT CONTROL, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO PREPARE A GRADING MANUAL SETTING FORTH THE ADMINISTRATIVE PROCEDURES AND TECHNICAL REQUIREMENTS NECESSARY TO IMPLEMENT THIS ORDINANCE 2. Confirm that the adoption of this ordinance represents components of the City's adopted General Plan and is exempt from further review pursuant to CEQA Guideline Sections 15162(a) and 15061(b)(3) of the CEQA Guidelines. Section 15162 states that when an EIR has been certified for a project, no additional environmental review is required unless there is substantial evidence that the project has changed. The Final EIR for the City's General Plan was certified on November 9, 1993. BACKGROUND: The City currently utilizes Appendix 33 and Chapters 18 and 33 of the California Building Code (CBC) to regulate grading activity within its city boundaries. The CBC addresses safety issues, but does not address environmental, water quality and aesthetic concerns. As a result, it is necessary and important for the City to adopt regulations that establish minimum standards and requirements relating to land grading, clearing, excavations and fills, and procedures by which these standards and requirements may be enforced. The attached copies of the proposed "City of Temecula Grading, Erosion and Sediment Control Ordinance' (Grading Ordinance) and "City of Temecula Administrative and Technical Procedures Manual for Grading, Erosion and Sediment Control" (Grading Manual) represent the RAagdrpt\2004\0420\Grading0rd coordination and compilation of many hours of research, input, and review by City staff from the Planning, Building & Safety, and Public Works Departments. The Ordinance serves to establish minimum standards and regulations that control grading, land clearing, excavations, and erosion and sediment control activities, and authorizes the Director of Public Works to prepare the Grading Manual. The purpose of the Grading Manual is to assist users of the grading ordinance by supplementing it with more detailed information regarding rules, procedures, interpretations, standard specifications and other applicable information. On November 20, 2003 the Public Works Department forwarded copies of the "final draft" Grading Ordinance and related Grading Manual to the persons/agencies identified on the Coordinating Committee Meeting mailing list, as well as the Building Industry Association and members of the City Council and Planning Commission. Of the aforementioned persons/agencies notified above, only six individuals attended the follow-up Coordinating Committee Meeting held on December 18, 2003. Minimal comments were received and have been addressed. On April 5, 2004 the City Clerk published a two -week notice for the first reading of the Grading Ordinance at tonight's City Council Meeting. Both documents are also posted on the City's website for the public's review. It is staffs recommendation that the City Council adopt the Grading Ordinance in order to establish an official standard review process that strives to ensure that all grading and land clearing operations within the City of Temecula are identified and addressed in a consistent manner. In addition to establishing grading design and construction standards, numerous performance standards will serve to protect and preserve the public health, safety, aesthetics and general welfare of the community. These standards provide for improved sediment and dust control measures, adherence with federal and state laws and regulations, the revegetation of cut and fill slopes, and designated haul routes and times of operation for transporting soils materials. The ordinance also provides penalties and corrective measures for unlawful grading and land clearing activities. FISCAL IMPACT: None. ATTACHMENTS: Ordinance No. 04- (Grading Ordinance) Exhibit A (Grading Manual) RAagd rpt\2004\0420\Grading0rd CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS GRADING, EROSION & SEDIMENT CONTROL ORDINANCE Ordinance No. 04- Adopted Effective CITY OF TEMECULA GRADING, EROSION AND SEDIMENT CONTROL ORDINANCE TABLE OF CONTENTS Chapter 18.01 ARTICLE 1. GENERAL PROVISIONS Sections 18.01.020 Title.................................................................................................................2 18.01.040 Grading Manual..............................................................................................2 18.01.060 Purpose..........................................................................................................2 18.01.080 Scope..............................................................................................................2 Chapter 18.03 ARTICLE 2. PERMITS REQUIRED Sections: 18.03.020 Permits Required............................................................................ 18.03.040 Permit Exemptions......................................................................... Chapter 18.06 ARTICLE 3. GRADING APPLICATION REQUIREMENTS Sections: 18.06.020 Grading Application.............................................................. 18.06.040 Plans and Specifications...................................................... 18.06.060 Geotechnical (Soils) Reports ................................................ 18.06.080 Seismicity Reports................................................................ 18.06.100 Dust Prevention and Control Plan ........................................ 18.06.120 Haul Route Plan................................................................... 18.06,140 Erosion and Sediment Control Plan ..................................... 18.06.160 Expiration and Renewal of Application and Grading Plans.. Chapter 18.09 ARTICLE 4. GRADING PERMIT REQUIREMENTS 18.09.020 Permit Issuance — Terms and Conditions .......................... 18.09.040 Responsibility of Permittee................................................. 18.09.060 Contractor Qualifications.................................................... 18.09.080 Right of Entry ...................................................................... 18.09.100 Tentative Subdivision or Use Permit Required ................... 18.09.120 Types of Permits................................................................. 18.09.140 Protection of Adjoining Property ......................................... 18.09.160 Protection of Utilities........................................................... 18.09.180 Maintenance of Protective Devices .................................... 18.09.200 Time of Operations............................................................. 18.09.220 Debris on Public Streets ..................................................... 18.09.240 Disposal of Materials......................................................... 18.09.260 Expiration and Renewal of Permits .................................... 18.09.280 Denial of Permit.................................................................. Chapter 18.12 ARTICLE 5. GRADING DESIGN STANDARDS Sections: ..................... 9 ..................... 9 .....................9 ............I........9 ...................10 .................. 10 .................. 11 .................. 11 ...................11 .................. 12 ...................12 ................ 12 ...................12 ...................13 18.12.020 Cuts..............................................................................................................14 18.12.040 Fills...............................................................................................................14 18.12.060 Setbacks.......................................................................................................14 18.12.080 Terraces and Terrace Drains... ........................................................ ...... ..... 14 Chapter 18.12 ARTICLE 5. GRADING DESIGN STANDARDS (continued) 18,12.100 Subsurface Drainage....................................................................................14 18,12.120 Pad Grading.................................................................................................15 18.12.140 Asphalt Concrete Pavement., ...................................................................... 15 18.12.160 Disabled Access.......................................................................................... 15 Chapter 18.15 ARTICLE 6. EROSION AND SEDIMENT CONTROL Sections: 18.15.020 Construction Runoff Compliance..................................................................16 16.15.040 Erosion and Sediment Control Plans Required............................................17 18.15.060 Erosion and Sediment Control Systems.......................................................17 16.15.080 Temporary Site Vegetation- When Required...............................................18 18.15.100 Erosion and Sediment Control Maintenance................................................18 18.15.120 Erosion and Sediment Control — Agricultural...............................................19 18.15.140 NPDES Requirements..................................................................................19 Chapter 18.18 ARTICLE 7. GRADING INSPECTION Sections: 18.18.020 Inspections Required....................................................................................20 18.16.040 Grading Requirements.................................................................................20 18.16.060 Transfer of Responsibility.............................................................................21 18.18.080 Notification of Noncompliance......................................................................21 18.18.100 Special Inspections.......................................................................................21 18.18.120 Stopping and Correction of Work.................................................................21 Chapter 18.21 ARTICLE 8. COMPLETION OF WORK Sections: 18.21.020 Final Reports................................................................................................23 18.21.040 Notification of Completion.............................................................................23 Chapter 18.24 ARTICLE 9. GRADING FEES AND SECURITIES Sections: 18.24.020 Grading, Erosion and Sediment Control Plan Checking Fee.......................24 18.24.040 Grading Permit and Inspection Fee..............................................................24 18.24.060 Review of Geotechnica/ Reports Fee...........................................................24 18.24.080 Refunds........................................................................................................24 18.24.100 Cost Recovery Fees.....................................................................................25 18.24,120 Grading, Erosion and Sediment Control Securities......................................25 Chapter 18.27 ARTICLE 10. ORGANIZATION AND ENFORCEMENT Sections 18.27.020 Powers and Duties of the City Engineer.......................................................26 18.27.040 Violations and Penalties...............................................................................26 18.27,060 Hazardous Conditions..................................................................................26 18.27.080 Public Nuisance............................................................................................27 18.27.100 Appeals.........................................................................................................27 Chapter 18.33 ARTICLE 11. DEFINITIONS OF TERMS.............................................28 ORDINANCE NO. - 04 EFFECTIVE DATE: AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, ADDING TITLE 18 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO GRADING, EROSION AND SEDIMENT CONTROL, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO PREPARE A GRADING MANUAL SETTING FORTH THE ADMINISTRATIVE PROCEDURES AND TECHNICAL REQUIREMENTS NECESSARY TO IMPLEMENT THIS ORDINANCE The City Council of the City of Temecula, does ordain as follows Section 1: Growth and development have created permanent changes to the City's landscape and its natural resources. Open space and naturally vegetated areas have been permanently altered through clearing and grading activities associated with construction and land development. Loss of ground cover, coupled with grading, excavation, and compaction of the land contributes to decreased groundwater infiltration, increased storm water flow, erosion and increased sediment runoff into streams and other water bodies. Controlling erosion and sedimentation represents a vital component of protecting the water quality of our watercourses, water bodies and wetlands. Section 2: Grading and land clearing activities also impact the City's aesthetic value and community character. Establishing minimum standards and requirements relating to land grading, clearing, excavations and fills, and procedures by which these standards and requirements may be enforced, will help to ensure soil is not stripped and removed from lands in the City, leaving them unsightly and susceptible to erosion, subsidence, faulty drainage and sediment deposition. _ Section 3: It is desirable to adopt regulations for grading private property that will help to ensure that future grading, clearing and development of land within the City occurs in the manner most compatible with surrounding areas, and is paramount to protecting life, limb and property, and promoting and enhancing the general public welfare and a superior community environment. Section 4: The Temecula Municipal Code is hereby amended by adding Title 18, consisting of Articles 1 through 11, and the various Chapters and Sections within each Article, to read as follows: TITLE 18 THE CITY OF TEMECULA GRADING, EROSION, AND SEDIMENT CONTROL ORDINANCE Chapter 18.01 ARTICLE 1. GENERAL PROVISIONS Sections: 18.01.020 Title 18.01.040 Grading Manual 18.01.060 Purpose 18.01.080 Scope 18.01.020 Title The ordinance codified in these chapters shall be known as the "City of Temecula Grading, Erosion, and Sediment Control Ordinance" and will be referred to herein as "this Ordinance." 18.01.040 Grading Manual The Director of Public Works/City Engineer ("City Engineer") shall formulate a manual setting forth the administrative procedures and technical requirements necessary to implement the provisions of this Ordinance. Such rules, procedures, and requirements shall be entitled "The City of Temecula Administrative and Technical Procedures Manual for Grading, Erosion and Sediment Control" ("Grading Manual"). The City Engineer shall have the authority to change, update or revise the Grading Manual as necessary in order to implement the provisions of this Ordinance and all revisions thereto arising from time to time. In the event of any conflict between the Grading Manual and this Ordinance, the more restrictive provisions shall govern. The provisions of the Grading Manual shall, to the extent they are made conditions of a permit by the City Engineer, be binding upon the permittee and those claiming under said permittee. 18.01.060 Purpose This Ordinance is enacted for the purpose of regulating grading activity on property within the city limits of the City of Temecula to safeguard life, limb, health, property and the public welfare; to avoid discharges of pollutants such as sediment, hazardous materials, wastes and debris from entering public or private storm water conveyance facilities and surface waters; and to ensure that the intended use of a graded site within the city limits is consistent with the City's General Plan, any specific plans adopted thereto and all applicable City ordinances and zoning regulations. 18.01.080 Scope This Ordinance sets forth rules and regulations, which reflect the minimum acceptable methods or actions to control land disturbances, landfill, soil storage, pollution, and erosion and sedimentation resulting from construction, grading, excavation, and land clearing activities. This Ordinance establishes procedures for issuance, administration and enforcement of permits for such activities. Any such grading activities within the city limits of the City of Temecula shall conform to the provisions of this Ordinance and the Grading Manual and other applicable provisions of the City's Municipal Code and the California Building Code, as adopted and amended by the City, together with all other conditions of approval. In the event that a particular topic is not covered in either this Ordinance or the Grading Manual, the applicable provisions of the City's Municipal Code or the California Building Code, as adopted and amended by the City, shall govern. If a conflict arises between this Ordinance and the Citys Municipal Code or the California Building Code, the more restrictive provision shall govern, unless otherwise approved by the City Engineer. 2 Chapter 18.03 ARTICLE 2. PERMITS REQUIRED Sections: 18.03.020 Permits Required 18.03.040 Permit Exemptions 18.03.020 Permits Required No person shall conduct any grading, stockpiling, excavating, paving, earth moving, filling, clearing, disking, brushing, or grubbing on natural or existing grade, or perform work that is preparatory to grading, without first having obtained a permit in accordance with this Ordinance, except as specified below in Section 18.03.040, "Permit Exemptions," and without having obtained coverage under the State Water Resources Control Board (SWRCB) National Pollution Discharge Elimination System (NPDES) permit for construction activity (if applicable). 18.03.040 Permit Exemptions Grading permits are not required for: A. An excavation below the existing finished grade for recompaction within the building zone (within five feet (5') of footings) or for basements and footings for a building, mobile home, retaining wall, septic system, well, or structure authorized by a building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than two feet (2') after the completion of such structure. B. Cemetery graves; C. Refuse disposal sites controlled by other statutorily authorized regulations or agencies; D. Earthwork or construction controlled by the Federal, State, County, or City Governments, or by a local agency as defined by Government Code Section 53090 through 53095 (special districts). This exemption, however, shall apply only when the grading activity takes place on the property, or dedicated rights -of -way or easements of the above agencies; E. Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or public right-of-way permit; F. Mining, quarrying, excavating, processing stockpiling of rock, sand, gravel, aggregate or clay for commercial purposes where established and provided for by a conditional use permit, provided such operations do not affect the lateral support of any adjacent or adjoining properties, or alter the direction of, or contribute to, sedimentation to natural watercourses. G. Exploratory excavations under the direction of civil engineers, geotechnical engineers, engineering geologists, and/or archaeologists or paleontologists, or pursuant to a well permit, provided all excavations are properly backfilled or otherwise restored. All such elevations and trenches are subject to the applicable sections of Title 8 of the State Orders, Division of Industrial Safety and the following: When such work involves removal of any native vegetation, it shall be accompanied by an administrative clearing permit in accordance with Section 18.09.120 (D), "Administrative Clearing Permit" of this Ordinance. Any access roadways or pads constructed for this work shall only be constructed as approved in the administrative clearing permit and shall be restored as required in the permit. H. An excavation not intended to support structures or mobile homes and which, (a) is less than two feet (2) in vertical depth, or (b) which does not create a cut slope greater than three feet (T) in vertical height and steeper than two horizontal to one vertical (2:1). This exemption shall not apply when finish grading is proposed, subsequent to a permit authorizing rough grading in accordance with Section 18.09.120(A), "Types of Grading Permits" of this Ordinance. A fill less than one foot (1') in vertical depth, placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical (5:1), or less than three feet (T) in depth, not intended to support structures or mobile homes, which does not exceed fifty (50) cubic yards on any one site and does not obstruct a drainage course. This exemption shall not apply when finish grading is proposed, subsequent to a permit authorizing rough grading in accordance with Section 18.09.120(A), "Types of Grading Permits" of this Ordinance. J. The construction or maintenance of roads or facilities for the generation, storage or transmission of water including floodwaters or electrical energy by public agencies or their agents. Work may be subject to Standard Urban Storm Water Mitigation Plan (SUSMP) requirements. A SUSMP high priority project includes the construction or reconstruction of 5,000 square feet of pavement in a parking lot, street, road or highway. K. The maintenance of private roads by private individuals or their agents, but not the construction or widening of such roads. Work may be subject to SUSMP requirements. L. Clearing and brushing when directed by the Fire Chief to mitigate a potential fire hazard in accordance with Title 8, Chapter 8.16, "Hazardous Vegetation," of the Temecula Municipal Code with the concurrence of the Director of Planning that such clearing and brushing will not cause significant damage to any rare, endangered or protected species of plant or wildlife or cause any significant damage to any habitat of any rare, endangered or protected species of wildlife or endanger any archaeological or historical resources, open space areas with biological significance, or transition areas between land to be cleared for fire fuel mitigation and permanent open space. M. Clearing and brushing, expressly for the following purposes: 1. Routine landscaping and maintenance of already landscaped areas, and the removal of dead or diseased trees or shrubs. 2. Clearing which conforms to the location, extent and purpose authorized explicitly by a construction permit pursuant to a discretionary land use permit or a discretionary development permit. An Administrative Clearing Permit, in accordance with Section 18.09.120 (D) of this Ordinance, shall be required for any purpose that is not specifically addressed by the construction permit. Note: The above listed exemptions do not apply to clearing, grubbing, brushing, disking or grading when: a. Work will occur in, or physically impact, designated or dedicated open space or environmentally sensitive areas designated in the General Plan, or the finally adopted plan of any public agency or governmental office with jurisdiction over the site, or shown on any approved Specific Plan; or b. Work will occur in any waterway or wetland, stream, river, channel, pond, lake, marsh, bog, lagoon, vernal pool, or riparian habitat, except as provided in exemption "P", below; or C. Work will occur in any floodway or floodplain as shown on the Federal Emergency Management Agency Flood Plain Maps, or on City revised maps except as provided in subsection "P", below. O. Repaving, resurfacing, and maintenance of existing private roads and parking lots and the preparation necessary for that work, provided no grading beyond the limits of other exemptions is performed. Work may be subject to SUSMP requirements. P. Minor maintenance and alterations to natural drainage areas that do not: 1. Obstruct or redirect drainage from adjacent properties, nor 2. Divert the outflow of drainage from the existing or natural discharge point of the property, nor 3. Concentrate or accelerate the flow of drainage as it leaves the property, nor 4. Create ponding, siltation or erosion in or of the streambed, nor 5. Disturb wetlands. F1 Sections: 18.06.020 18.06.040 18.06.060 18.06.080 18.06.100 18.06.120 18.06.140 18.06.160 Chapter 18.06 ARTICLE 3. GRADING APPLICATION REQUIREMENTS Grading Application Plans and Specifications Geotechnical (Soils) Reports Seismicity Reports Dust Prevention and Control Plan Haul Route Plan Erosion and Sediment Control Plan Expiration and Renewal of Application and Grading Plans 18.06.020 Grading Application To obtain a grading permit, the applicant shall first file an application in writing on a form furnished by the City Engineer for that purpose. 18.06.040 Plans and Specifications A. Each application for a grading permit shall be accompanied by plans and specifications, soils engineering and geological reports, erosion and sediment control plans, proof of application for coverage under the State Water Resources Control Board (SWRCB) National Pollution Discharge Elimination System (NPDES) permit for construction activity, and all other information required by the City Engineer as specified in Subarticle 3.1 of the Grading Manual, and payment of the appropriate fees. The information required on the application form shall be kept current until the conclusion of the permitted activities. B. Plans and specifications for grading projects requiring permits as defined in Section 18.03.020, "Permits Required" of this Ordinance shall be prepared and signed by the Engineer of Record. This requirement may be extended to any project when, in the opinion of the City Engineer, drainage or geologic factors may warrant a need for civil engineering design and control. C. Grading plans and specifications shall be prepared in accordance with Subarticle 3.1 of the Grading Manual. 18.06.060 Geotechnical (Soils) Reports A. Surface and Subsurface Conditions. The City Engineer shall require a geotechnical report to correlate surface and subsurface conditions with the proposed grading plan. The results of the investigation shall be presented in a report in conformance with the requirements of this Ordinance and Subarticle 3.6 of the Grading Manual. B. Supplemental Reports/Data. The City Engineer shall require such supplemental reports and data, as he deems necessary upon his review of the site and the reports and other data submitted. Such required data may include tests for soil fertility and agricultural suitability to be performed at the conclusion of rough grading by a recognized agronomic soil -testing laboratory, with written analysis and recommendation, to be utilized during any required revegetation. C. Waiver of Geotechnical Report Reauirements. For a specific project, the City Engineer may determine that the geological and geotechnical conditions at the site are such that public safety is adequately protected and no mitigation is required. This finding shall be based on a report presenting evaluations of site in the immediate vicinity having similar geologic and geotechnical characteristics. The report shall be prepared by a certified engineering geologist or registered civil engineer, having competence in the field of seismic hazard evaluation and mitigation. The City Engineer shall provide a written commentary that addresses the report conclusions as justification for waiving the requirement of a geotechnical report for the project. All such waivers shall be recorded with the county recorder and a separate copy, together with the report and commentary, filed with the State Geologist within 30 days of the waiver, in accordance with Public Resources Code Section 2697(a). 18.06.080 Seismicity Reports - Alquist-Priolo Earthquake Fault Zoning Act A seismicity report shall be required as a condition for issuance of a grading permit for all grading applications associated with subdivisions (tracts); all grading projects that propose the development of critical and major structures as defined by the California Building Code; and all real estate development that lies within an earthquake fault zone. Said reports shall comply with the requirements of the Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code, Section 2621, et seq.) and the provisions specified in Subarticle 3.6 (E), "Seismicity Reports" of the Grading Manual. 18.06.100 Dust Prevention and Control Plan Dust prevention and control procedures shall be employed while construction activity occurs to minimize wind bome particles. At minimum, all grading operations, land clearing, loading, stockpiling, landscaping, vehicular track -out and haul routes shall comply with South Coast Air Quality Management District (AQMD) Rule 403 (Fugitive Dust Emissions) and the provisions of Subarticle 3.8 of the Grading Manual. 18.06.120 Haul Route Plan Where soil or construction materials are moved on public roadways from or to the site of a grading operation, a haul route shall be approved by the City Engineer in accordance with the provisions of Subarticle 3.9 of the Grading Manual. Deviation from the designated haul route shall constitute a violation of the conditions of the permit issued under this Ordinance. Vehicular track -out shall be controlled, as directed by the City Engineer, to prevent sediment deposition outside of the project site boundaries. 18.06.140 Erosion and Sediment Control Plan All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion and sediment of all disturbed portions of the property and to minimize the transport of soil onto adjacent properties or into streets, storm drains, or drainage ways in accordance with the provisions of Chapter 18.15 of this Ordinance and Subarticle 6 of the Grading Manual. 18,06.160 Expiration and Renewal of Application and Grading Plans A. Applications for which no permit is issued within 180 days following the date of application shall expire, and plans submitted for checking may thereafter be returned to the applicant or may be destroyed by the City Engineer without additional notice to the applicant. B. The City Engineer may extend the time for action by the applicant for a period not exceeding 180 days upon written request by the applicant showing that circumstances beyond the reasonable control of the applicant have prevented action from being taken. C. In order to renew action for an application after expiration, the applicant shall resubmit grading plans and pay the most current plan check fee. D. Plan check fees shall be forfeited for all expired permits. Chapter 18.09 ARTICLE 4. GRADING PERMIT REQUIREMENTS Sections: 18.09.020 PermitIssuance—TermsandConditions 18.09.040 Responsibility of Permittee 18.09.060 Contractor Qualifications 18.09.080 Right of Entry 18.09.100 Tentative Subdivision or Use Permit Required 18.09.120 Types of Permits 18.09.140 Protection of Adjoining Property 18.09.160 Protection of Utilities 18.09.180 Maintenance of Protective Devices 18.09.200 Time of Operations 18.09.220 Debris on Public Streets 18.09.240 Disposal of Materials 18.09.260 Expiration and Renewal of Permits 18.09.280 Denial of Permit 18.09.020 Permit Issuance — Terms and Conditions A. Upon receipt and approval of the required application, fees, plans, reports, and other requirements of this Ordinance, the City Engineer may issue a permit, subject to any terms and conditions deemed necessary to ensure conformance with the provisions of this Ordinance and the Grading Manual. B. The City Engineer shall have the discretion to impose or modify conditions as necessary to prevent a possible nuisance or hazard, or to eliminate a nuisance or hazard, to persons or to public or private property in accordance with Section 18.27.060, "Hazardous Conditions" of this Ordinance. C. The issuance of a permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the plans and specifications attached to the permit and approved by the City Engineer. A separate permit shall be required for each (noncontiguous) grading project. 18.09.040 Responsibility of Permittee It shall be the responsibility of the permmittee to be knowledgeable of the conditions and/or restrictions placed on the permit as outlined in the applicable sections of this Ordinance, the Grading Manual, and as contained on the approved grading plans and geotechnical reports, The permittee shall also be responsible for maintaining a copy of the permit and approved plans at the work site, and implementing the applicable requirements of the City's Standard Grading Notes, as identified in the Appendix section of the Grading Manual. 18.09.060 Contractor Qualifications All persons performing work pursuant to this Ordinance shall have all valid licenses and insurance required by the State of California and by the City of Temecula. 18.09.080 Right of Entry As a prerequisite for issuance of any grading permit, the owner, contractor, or authorized agent of the site to be graded acknowledges and grants permission to the City for right of entry into the site for inspection, emergency work, or correction of grading not performed in compliance with the terms and conditions of the permit. The owner, contractor, or authorized agent shall agree to indemnify the City for any claims or damages, which may result from the Citys entry onto the property including any corrective or emergency action taken pursuant to such right of entry. 18.09.100 Tentative Subdivision or Use Permit Required Under either of the following circumstances, a permit shall not be issued unless and until a tentative map or a conditional use permit has been approved by the City: A. If the purpose of the proposed grading or clearing is to prepare the land for a subdivision or for some use for which a conditional use permit is required; or B. Notwithstanding the purpose of the proposed grading or clearing as stated in the application, if the City Engineer finds that the purpose of the proposed grading or clearing is to prepare the land for subdivision or for some use for which a conditional use permit is required. 18.09.120 Types of Permits A. Rough or Precise Grading. The City Engineer may issue a rough or precise grading permit for grading work upon completion of an application in accordance with Subarticle 3.1 of the Grading Manual. The issuance of building permits shall be determined as follows: Building permits may be issued for a site graded under a precise grading permit upon completion and approval of the rough grade inspection as specified in Subarticle 7.6 of the Grading Manual. 2. Building permits shall not be issued for a site graded under a rough grading permit unless a precise grading permit has been issued. C. Stockpiling. Upon approval by the City Council, a stockpile permit may be issued for the stockpile of soil materials on a lot or parcel provided that the soil materials shall be removed from the site or compacted and graded thereon under a subsequently issued rough or precise grading permit within six (6) months of issuance of a stockpile permit, unless modified by the City Council, in accordance with Subarticle 4.3 of the Grading Manual. D. Administrative Clearing. No person shall commence any clearing and grubbing operation without first obtaining a grading or administrative clearing permit in accordance with Subarticle 4.2 of the Grading Manual. E. Borrow Sites. A grading and/or administrative clearing permit shall not be issued when, in the opinion of the City Engineer, a significant amount of borrow or waste material is to be removed from a grading site for commercial purposes unless a Conditional Use Permit in accordance with Chapter 17.04, "Permits" of the Temecula Municipal Code has been issued for the operation of a borrow pit on the grading site. Paving. No person shall construct concrete or bituminous pavement surfacing on natural or existing grade in excess of five thousand (5,000) square feet for any commercial, industrial, multi -residential, or other parking lot, without a valid grading permit for such paving. Maintenance and repaving of existing paved sections shall be exempt from this requirement. G. Watercourse Alteration. No person shall alter an existing watercourse, channel, or revetment by excavating, or placing fill, rock protection or structural improvements therein without a grading permit unless (i) the requirement for a grading permit is waived by the City Engineer, or (ii) the grading is performed as interim protection under emergency flood fighting conditions, or (iii) a separate improvement plan for such alteration is signed by the City Engineer. if H. Rock Blasting. No rock blasting shall be permitted until a preblast survey of the surrounding property is conducted to the satisfaction of the City Engineer. During rock blasting, seismic recordings shall be taken for all blasts at locations and levels approved by the City Engineer. All blasting shall conform to the requirements of the City Engineer, as specified in Subarticle 4.6 of the Grading Manual. 18.09.140 Protection of Adjoining Property. Each adjacent owner is entitled to the lateral and subjacent support that his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement, as follows: A. Any person causing an excavation to be made to a depth of ten feet (10') or more below the grade and within ten feet (10') of the property line(s) shall protect the excavation so that the soil of adjoining property will not cave in or settle. The person making or causing the excavation to be made shall provide written notification to the adjoining property owner(s) not less than ten (10) days before such excavation is to be made, stating the depth for which such excavation is to be made and when the excavation will begin. B. If at any time it appears that the excavation is of greater depth than are the walls or foundation of an adjoining building or other structure, and the distance from the edge of the excavation to an adjoining building or other structure is less than the depth of the excavation, the person causing the excavation shall notify the owner of the adjoining building or other structure not less than ten (10) days before such excavation is to be made to protect the same from any damage, or to brace or extend the foundations of the noted building or other structure from possible damage from the excavation. C. Excavations shall meet all State and Federal regulations, including but not limited to, obtaining CAL OSHA permits D. No grading shall be approved which, in the opinion of the City Engineer, physically prevents the use of existing legal access to any parcel. 18.09.160 Protection of Utilities. A. During grading operations, the permittee shall be responsible for the prevention of damage to public utilities or services and for confining grading activities to the area permitted on the approved plans. This responsibility applies within the limits of grading or clearing and along any routes of travel of equipment. B. Before starting any excavation work, the permittee shall be responsible to contact Underground Service Alert, Inc. and coordinate the proposed excavation with all interested utility companies, districts, and agencies. 18.09.180 Maintenance of Protective Devices. The owner of the property on which a fill or excavation has been made pursuant to a permit granted under the provisions of this division, or any other person or agent in control of such property shall maintain in good condition and repair all retaining walls, cribbing, drainage structures and other protective devices such as erosion and sediment controls and planting shown in the approved plans and specifications or in the record drawings or required by the permit. Facilities dedicated for use by the public and accepted for such use by a public agency are excepted. 11 18.09.200 Time of Operations. A. Time of any grading, clearing and equipment operations pursuant to this Ordinance shall be consistent with City Ordinance No. 94-25. Grading operations within one -quarter (1/4) mile of an occupied residence shall not be conducted between the hours of 6:30 p.m. and 6:30 a.m., Monday through Friday; or between the hours of 6:30 p.m. and 7:00 a.m. on Saturdays. Further, no such activity shall be undertaken on Sunday or nationally recognized holidays. The City Engineer may extend the hours permitted for grading or equipment operations if the City Engineer determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of nearby structures. Permitted hours of operation may be shortened by the City Engineers finding of a previously unforeseen effect on the health, safety or welfare of the surrounding community. B. Public Works projects of any federal, state or local entity or emergency work by public utilities are exempt from the provisions of this ordinance. Residents working on their property are exempt from the prohibition of construction activities on Sundays and holidays but shall comply with the hourly restrictions set forth for Saturday when working on Sundays and holidays. 18.09.220 Debris on Public and Private Streets This Ordinance forbids the throwing, leaving, maintaining, keeping, placing, dumping, depositing or spilling soil materials on public and private streets or any portion of the public right-of-way. The permittee shall be responsible for the complete removal and cleanup of such materials from the street or any portion of the public right-of-way. If the permittee fails to immediately remove said spillage or deposit from the street and/or public right-of-way, and it is necessary for the City to cause such removal to be made, the cost of such removal work shall be the responsibility of the permittee. The City may use the grading deposit in accordance with Section 18.24.120, "Grading and Erosion Control Securities" for this purpose without notice to the owner. An additional cash deposit may be required prior to resumption of grading to insure the cleanup of public streets. 18.09.240 Disposal of Materials The disposal of all waste and recycling materials removed as part of any grading project shall be in compliance with the City's Solid Waste Franchise Agreement, as specified within the provisions of Temecula Municipal Code, Title 8, Chapter 8.20, "Waste Management," and Subarticle 4.4 of the Grading Manual. 18.09.260 Expiration and Renewal of Permits A. A grading permit shall be valid for a period of six (6) months from the date of issuance. B. The time limitation for all grading permits is also subject to the following provisions: Change of ownership. A permit issued in accordance with these requirements shall terminate upon a change of ownership if the work for which said grading permit was issued has not been completed. In such instances, a new permit shall be required for completion of the work. a. If the time limitations of paragraph (A) of this section are not applicable, and no changes have been made to the plans and specifications last submitted to the City Engineer, no charge shall be made for the issuance of a new permit. b. If changes have been made to the plans and specifications last submitted to the City Engineer, fees based on the valuation of the additional or new work, additional yardage and necessary plan checking shall be charged to the permit applicant. 12 C. New securities and/or deposits shall be submitted by the new owner in accordance with Section 18.24.100, "Grading, Erosion and Sediment Control Securities" of this Ordinance. 2. Permit Extensions. The City Engineer may extend the time limit on permits by one (1) or more successive periods of up to one -hundred eighty (180) days upon written request by the applicant showing to the satisfaction of the City Engineer that circumstances beyond the control of the applicant have prevented, delayed or extended the time required to complete the grading operations. 3. Weather -related delays. The City Engineer may require that grading operations and project designs be modified if delays occur which incur weather -related problems not considered at the time the permit was originally issued. C. As a condition of the extension of any time period, the City Engineer may require the payment of additional permit, plan checking, inspection, and/or soils review fees required to cover the administration of the extensions and/or increased costs to the City and to bring the project into conformance with any fee schedule in effect at the time of extension. 18.09.280 Denial of Permit A. Hazardous Conditions. A permit shall not be issued in any case where the City Engineer determines that the work as proposed by the applicant will: Expose any property to landslide or geologic hazard; or 2. Adversely interfere with existing drainage courses or patterns; or 3. Cause erosion and/or flooding, which could result in the depositing of mud, silt, or debris on any other property or public or private street; or 4. Create any hazard to person or property; or 5. Damage or endanger any environmentally sensitive species and habitats, rocks and/or archaeological artifacts. B. General Conditions. A permit shall not be issued if any of the following apply: If the submittal is incomplete; 2. If the plan as submitted does not comply with the provisions of this Ordinance; 3. If the required security is not posted; 4. If the application contains false information. C. Other. The City Engineer shall deny the issuance of a permit if prohibited by a duly elected moratorium, court order, injunction, or other legal order; if the applicant or owner has failed to comply with the provisions of this Ordinance; or if the work proposed is not consistent with the City's General Plan, or any element thereof, or any specific plan, use permit, land use ordinance or regulation, zoning ordinance regulation or permit, or approved subdivision map. 13 Sections: 18.12.020 18.12.040 18.12.060 18.12.080 18.12.100 18.12.120 18.12.140 18.12.160 18.12.020 Cuts Chapter 18.12 ARTICLE 5. GRADING DESIGN STANDARDS Cuts Fills Setbacks Terraces and Terrace Drains Subsurface Drainage Pad Grading Asphalt Concrete Pavement Disabled Access Unless otherwise recommended in the geotechnical engineering and engineering geology reports, or both, and approved by the City Engineer, cuts slopes shall be no steeper than two (2) horizontal to one (1) vertical (2:1). All cuts and excavations shall conform to the provisions of this Ordinance and Subarticle 5.1 of the Grading Manual. Exception: In the absence of an approved geotechnical engineering report, these provisions may be waived by the City Engineer for minor cuts not intended to support structures. 1&12.040 Fills Unless otherwise recommended in the geotechnical engineering or engineering geology reports, or both, and approved by the City Engineer, fills shall conform to the provisions of Subarticle 5.2 of the Grading Manual. Exception: In the absence of an approved geotechnical engineering report, these provisions may be waived by the City Engineer for minor fills not intended to support structures. 18.12.060 Setbacks The setbacks and other restrictions specified by Subarticle 5 of the Grading Manual are minimum and may be increased by the City Engineer, pursuant to the recommendation of a civil or geotechnical engineer, to prevent damage to adjacent properties from erosion or to provide access for slope and drainage structure maintenance. Retaining walls may be used to reduce the required setbacks when approved by the City Engineer. 18.12.080 Terraces and Terrace Drains Drainage facilities and terraces shall conform to the provisions of Subarticle 5.7 of the Grading Manual unless otherwise approved by the City Engineer. 18.12.100 Subsurface Drainage A. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability, and as recommended by the geotechnical engineer, geologist, and/or engineering geologist. B. All canyons and buttress fills shall be provided with sub drains approved by the City Engineer. 14 18.12.120 Pad Grading Storm water runoff from lots or adjacent properties shall not be carried over cut or fill slopes steeper than five (5) horizontal to one (1) vertical (5:1). Such runoff shall conform to the provisions of Subarticle 6.8 of the Grading Manual. 18.12.140 Asphalt Concrete Pavement Asphalt concrete pavement for surfacing of parking lots, private streets, driveways or other similar uses shall conform to the provisions of Subarticle 5.9 of the Grading Manual unless otherwise approved by the City Engineer. 18.12.160 Disabled Access All site development and precise grading shall be designed to provide access to all entrances and exterior ground -floor exits and to normal paths of travel in accordance with California Disabled Access Regulations (California Code of Regulations, Title 24, Part 2). 15 Sections: 18.15.020 18.15.040 18.15.060 18.15.080 18.15.100 18.15.120 18.15.140 Chapter 18.15 ARTICLE 6. EROSION AND SEDIMENT CONTROL Construction Runoff Compliance Erosion and Sediment Control Plans Required Erosion and Sediment Control Systems Temporary Site Vegetation — When Required Erosion and Sediment Control Maintenance Erosion and Sediment Control — Agricultural NPDES Requirements 18.15.020 Construction Runoff Compliance A. All individual proposed construction and grading projects shall implement measures to ensure that pollutants from the site will be reduced to the Maximum Extent Practicable (MEP) and will not cause or contribute to an exceedance of water quality objectives. All grading and construction activities will be in compliance with applicable ordinances, permits and other applicable requirements. B. The permittee shall adhere to the following requirements: 1. Develop and implement a plan to manage storm water and non -storm water discharges from the site at all times in accordance with Subarticle 6 of the Grading Manual. Projects disturbing one (1) acre or more of soil are required to generate a Storm Water Pollution Prevention Plan (SWPPP) per the State General Construction Permit; 2. Minimize grading or conduct phased grading operations during the wet season and coincide grading with seasonal dry weather periods to the extent feasible. If grading does occur during the wet season, implement additional BMP's for any rain events, which may occur, as necessary for compliance; 3. Emphasize erosion prevention as the most important measure for keeping sediment on site during construction; 5. Utilize sediment controls as a supplement to erosion prevention for keeping sediment on -site during construction; 6. Minimize exposure time of disturbed soil areas; 7. Temporarily stabilize and reseed disturbed soil areas as rapidly as possible; 8. Permanently revegetate or landscape as early as feasible; 9. Stabilize all slopes; and 10. Provide evidence of existing permit coverage of the General Construction Permit, if applicable. 11. Implement the applicable requirements of the City's Standard Erosion and Sediment Control Notes, as identified in the Appendix of the Grading Manual. 16 Note: The above requirements are applicable to all construction sites regardless of whether the construction site is subject to the General Construction Permit or other individual NPDES permit. 18.15.040 Erosion and Sediment Control Plans Required A. No grading work will be allowed on any single grading site under permit unless the City Engineer has approved an erosion and sediment control plan. B. All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion of all disturbed portions of the property and to minimize the transport of soil onto downgrade perimeters, curbs, gutters, streets, drainage inlets, private and public storm water conveyance systems, environmentally sensitive areas, adjacent properties and watercourses in accordance with the provisions of this Chapter and Subarticle 6 of the Grading Manual. C. All erosion and sediment control "Best Management Practices" (BMPs) outlined in the Storm Water Pollution Prevention Plan (SWPPP), if applicable, will be shown on the erosion and sediment control plan and Implemented prior to October 16t of each year. 18.15.060 Erosion and Sediment Control Systems A. The permittee shall be responsible for control of erosion and sediment discharge on and from all areas of grading until acceptance of the completed grading by the City Engineer. This responsibility extends to completed and occupied lots. Necessary materials shall be available onsite and stockpiled at convenient locations to facilitate rapid construction of temporary devices, with equipment and workers for emergency work available at all times during the rainy season. B. No grading work shall be allowed on any site when the City Engineer determines that erosion, mudflow or sediment discharge may adversely affect downstream properties, drainage courses, storm drains, streets, easements, or public or private facilities or improvements unless an approved erosion and sediment control system has been implemented on the site. If the City determines that it is necessary for the City to cause erosion and sediment control measures to be installed or cleanup to be done, the permittee shall pay all of the City's direct and indirect costs including extra inspection, supervision, and reasonable overhead charges in accordance with Section 18.24.100, "Cost Recovery Fees" of this Ordinance. C. All removable protective devices shown on the erosion and sediment control plan and outlined in the SWPPP, if applicable, shall be in place at the end of each working day during the rainy season. If the permittee does not install or maintain erosion and sediment controls, the City Engineer may order City crews to do the work or may issue contracts for such work and charge the cost of this work along with reasonable overhead charges to the cash deposits or other instruments implemented for this work without further notification to the owner. No additional work on the project except erosion and sediment control work shall be performed until the full amount drawn from the cash deposit, in accordance with Section 18.24.120, "Grading, Erosion and Sediment Control Securities" of this Ordinance is restored by the permittee. D. BMP's shall be implemented on a continual basis during construction activities. The following minimum criteria shall be met: An effective combination of erosion and sediment controls shall be implemented within seven (7) working days of clearing or inactivity in construction. 2. Soil stockpiles must be stabilized with a combination of erosion and sediment controls and have a daily maintenance frequency or as directed by the City Engineer. 17 3. Waterway and watercourse protection shall include, but not be limited to, stabilization of the channel before, during, and after any in -channel work. E. The faces of cut and fill slopes shall be prepared and maintained to control against erosion and sediment discharge. F. Permittee shall implement BMPs year round and can vary based on wet and dry seasons. Permittee shall also implement additional site specific BMPs, as necessary, to comply with this ordinance which may be more stringent than those required under the General Construction Permit. G. Permittee shall implement additional controls for construction sites tributary to Clean Waters Act (CWA) section 303(d) water bodies impaired for sediment. Each Permittee shall implement additional controls for construction sites within or adjacent to or discharging directly to receiving waters within environmentally sensitive areas. H. Permittee shall conduct construction site inspection for compliance with this ordinance and all applicable permits. 18.15.080 Temporary Site Vegetation — When Required Unless recommended otherwise by the City Engineer, temporary site vegetation shall be required on any portion of the site upon three (3) months of grading inactivity for that portion of the site or expiration of a grading permit in accordance with Section 18.09.260, "Expiration and Renewal of Permits" of this Ordinance. In this instance, cut and fill slopes requiring erosion control shall be vegetated in accordance with Subarticle 6 of the Grading Manual. Erosion control vegetation is considered temporary, and shall not negate any City requirement or condition of approval to install permanent landscaping. Clearing of existing vegetation shall not occur until all BMPs have been installed. 18.15.100 Erosion and Sediment Control Maintenance. A. Prior to and after each rainstorm, silt and debris shall be removed from check dams, desilting basins, curbs, gutters, streets, brow ditches, terrace drains, silt fences and other private and public storm water conveyance systems shall be dewatered to prevent overfilling between storm events. B. Prior to and after each rainstorm, the erosion and sediment control system shall be evaluated and revised and repaired as necessary. D. The permittee shall be responsible for and shall take necessary precautions to prevent public trespass onto areas where impounded water, due to erosion and sediment control devices, creates a hazardous condition. E. The premittee shall be responsible for continual maintenance of the devices during the construction activities. In the event of failure or refusal by the permittee to properly maintain the devices, the City Engineer may cause emergency maintenance work to be done to protect adjacent private and public property. The cost shall be charged to the owner and shall include mobilization costs plus the costs of doing the work in accordance with Section 18.24.100, "Cost Recovery Fees" of this Ordinance. In the event the City Engineer must cause emergency work to be done, he or she may revoke the grading permit. The permit shall not be renewed until an approved erosion and sediment control system has been installed and the owner has paid any applicable fees. G. If any grading or clearing subject to Section 18.03.020 "Permits Required" of this Ordinance has commenced on private property without a valid grading permit, the property owner will be required to stop work and prepare and implement an erosion and sediment control plan which has been approved by the City. In the event of failure by the property owner to install an approved erosion and sediment control system, the City Engineer may cause work to be done to protect adjacent private and public property. The cost shall be charged to the owner in accordance with subsection (E) of this section. 18.15.120 Erosion and Sediment Control — Agricultural A. Resource Conservation Plans. For all lands used for agricultural purposes within the City of Temecula, the property owner shall cause to be prepared a resource conservation plan, utilizing the best management practices for the prevention of erosion and sedimentation. The resource conservation plan shall be prepared by the USDA Soil Conservation Services or a registered agricultural engineer consultant. B. Implementation of Resource Conservation Plans. The resource conservation plans to be prepared for best management practices implementation is to be prioritized based upon the soil conservation service "soil erosion hazard map" with those areas of high erosion hazard receiving top priority. Resource conservation plans for agricultural areas shall be submitted for review and filing by the City after acceptance by the Regional Water Quality Control Board C. Annual Report. The property owner of agricultural land shall be responsible for the preparation and submittal to the City Engineer an annual report setting forth their progress in the preparation of resource conservation plans and best management practices implementation. Progress reports may be required more frequently if deemed necessary by the City Engineer. 18.15.140 National Pollution Discharge Elimination System (NPDES) Requirements A. General Requirements. The permittee shall abide by all of the provisions set forth in the State Water Resources Control Board (SWRCB) NPDES General Permit for construction activity, if applicable. A Waste Discharge Identification Number (WDID) issued by the SWRCB shall be provided to the City prior to any grading. All grading activities subject to the regulations of this ordinance shall be designed and conducted to minimize runoff of sediment and all other pollutants onto public properties, other private properties and into waters of the United States as required by this section and City Municipal Code, Title 8, Chapter 8.28, Storm Water/Urban Runoff Management and Discharge Control, in accordance with Subarticle 6 of the Grading Manual. B. Responsibility. It shall be the permittee's responsibility to obtain the NPDES application package, submit the Notice of Intent (NOI) and appropriate fee to the SWRCB, complete all site -specific Storm Water Pollution Prevention Plans (SWPPP), monitoring and reporting program plans, reports, certifications, and other information required by the permit and or requested by the Regional Water Quality Control Board (RWQCB), SWRCB, United States Environmental Protection Agency (USEPA), or the City Engineer. The permittee shall update all plans as construction activities are modified from their original schedule and/or progress as originally planned. The permittee shall also maintain the site throughout the duration of the project as required by the permit. All of the information noted above shall be maintained on -site during construction and shall be presented upon demand by the SWRCB and/or City of Temecula inspectors. NPDES requirements will remain in effect until Notice of Termination (NOT) requirements are fulfilled. 19 Chapter 18.18 ARTICLE 7. GRADING INSPECTION Sections: 18.18.020 Inspections Required 18.18.040 Grading Requirements 18.18.060 Transfer of Responsibility 18.18.080 Notification of Noncompliance 18.18.100 Special inspections 18.18.120 Stopping and Correction of Work 18.18.020 Inspections Required All grading operations for which a permit is issued pursuant to the provisions of this Ordinance shall be subject to inspection by the City Engineer or his or her representative. 18.18.040 Grading Requirements A. Civil Engineer. It shall be the responsibility of the civil engineer who prepared the grading plans to incorporate the applicable recommendations from the geotechnical engineering and geology reports and to incorporate any City Engineer approved alternatives into the grading plan. The civil engineer shall be responsible for establishing line and grade for the grading and drainage improvements and shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor and the City Engineer. 2. The civil engineer shall be responsible for the preparation of plan revision, and upon completion of the work, the submission of as -graded drawings incorporating all changes and/or additions made during construction. 3. Prior to issuance of building permits for any given lot or lots, the civil engineer shall submit a written statement as evidence that rough grading for land development has been completed within standard tolerances in accordance with the approved plans and that all embankments and cut slopes and pad sizes are as shown on the approved plans. B. Geotechnical Engineer. The geotechnical engineer's area of responsibility shall include, but not be limited to, performing the preliminary geotechnical engineering investigation and preparing the preliminary geotechnical engineering report, determining the suitability of soils during grading, providing compaction inspection and testing, and preparing the final geotechnical engineering report. C. Engineering Geologist. The engineering geologist's area of responsibility shall include, but not be limited to, professional inspection and approval of the stability of cut slopes with respect to geological matters, and the need for subdrains or other groundwater drainage devices. He shall report his findings to the geotechnical engineer for engineering analysis. D. Landscape Architect. The landscape architect shall incorporate applicable recommendations from the geotechnical engineering reports into the landscape and irrigation plans. The landscape architect shall also prepare plan revisions, as required by the City Engineer, and shall submit as -graded drawings incorporating all changes and/or additions made during construction. 20 All ground cover shall provide one hundred percent (100%) coverage within nine (9) months of planting, or additional landscaping shall be required in order to meet this standard. 18.18.060 Transfer of Responsibility. If the civil engineer, engineer of record, the geotechnical engineer, the engineering geologist, or the grading contractor of record is changed during the course of the work, the project shall be stopped until: 1. The permittee submits a letter of notification verifying the change of the responsible professional; and 2. The new responsible professional submits in writing that he has reviewed all prior reports and/or plans (specified by date and title) and work performed by the responsible professional party, and that he concurs with the findings, conclusions and recommendations, and is satisfied with the work performed. He or she must state that they assume all responsibility within his or her purview as of a specified date. All exceptions shall be justified to the satisfaction of the City Engineer. Exception: Where clearly indicated that the firm, not the individual engineer and/or geologist, is the contracting party, the designated engineer or geologist may be reassigned and another engineer and/or geologist within the firm may assume responsibility. 18.18.080 Notification of Noncompliance If, in the course of fulfilling their responsibility under this division, the engineer of record, the geotechnical engineer, the engineering geologist, or the testing agency finds that the work is not being performed in accordance with approved plans, specifications, or this Ordinance, the discrepancies shall be reported immediately in writing to the grading contractor, the permittee and the City Engineer. Recommendations for corrective measures shall be submitted for approval to the City Engineer. 18.18.100 Special Inspections The City Engineer may establish special inspection requirements in accordance with Section 1701, "Special Inspections", of the California Building Code, amended, for special cases involving grading or paving related operations. Special cases may apply to work where, in the opinion of the City Engineer, it is necessary to supplement the resources or expertise available for inspection. 18.18.120 Stopping and Correction of Work. A. The provisions of Section 104.2.4, "Stop Orders", of the California Building Code shall apply to all grading work. Whenever the City Engineer or his or her representative determines that any work does not comply with the terms and conditions of the permit, or that that the work is being done improperly or in a hazardous manner, he or she may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such persons shall stop conducting such work until authorized by the City Engineer to proceed with the work. B. Whenever any work on which inspections are required is covered or concealed by additional work without first having been inspected, the City Engineer may require that such work be exposed for examination. Such work may be subject to additional inspection fees in accordance with Section 18.24.040(D), "Grading Permit and Inspection Fee" of this Ordinance. 21 C. If the City inspector finds the soil or other conditions not as stated in the approved plans and geotechnical reports or in additional information which was required for issuance of the grading permit, he may issue a stop work order until a revised grading plan has been approved by the City Engineer. D. If, during the course of any clearing, grubbing or grading operations, discovery is made of items of archaeological or paleontological interest, the permittee shall immediately cease operation in the area of discovery and notify the City inspector. Discoveries that may be encountered include, but are not limited to, dwelling sites, stone implements or other artifacts, animal bones, and fossils. The permittee shall obtain the services of a qualified archeologist or paleontologist to investigate the site and assess the significance of the find. Under no circumstances shall anyone remove or disturb any artifacts or remains. Work shall be resumed in the area of discovery at the direction of the City Engineer. E. Work may resume and the stop order shall be rescinded upon the City Engineer's determination that conditions have changed, corrections have been made, or the causes or actions which required a stop order have been remedied or alleviated to his or her satisfaction. 22 Chapter 18.21 ARTICLE 8. COMPLETION OF WORK Sections: 18.21.020 Final Reports 18.21.040 Notification of Completion 18.21.020 Final Reports Upon completion of the rough grading work and at final completion of the work, the City Engineer may require the written approvals, reports, plans and supplements specified in Subarticle 8 of the Grading Manual. 18.21.040 Notification of Completion The permittee or his agent shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion and sediment control measures, including landscaping and its irrigation system, have been completed in accordance with the approved grading plan, and the required reports have been submitted. Where landscape planting for erosion and sediment control has been installed, final clearance, i.e., release of security deposits, shall not be granted until the plantings have become established. The establishment of such erosion and sediment control plantings shall be certified by a licensed landscape architect and approved by the City Engineer. 23 Chapter 18.24 ARTICLE 9. GRADING FEES AND SECURITIES Sections: 18.24.020 Grading, Erosion and Sediment Control Plan Checking Fee 18.24.040 Grading Permit and Inspection Fee 18.24.060 Review of Geotechnical Reports Fee 18.24.080 Refunds 18.24.100 Cost Recovery Fees 18.24.120 Grading, Erosion and Sediment Control Securities 18.24.020 Grading, Erosion and Sediment Control Plan Checking Fee. Before accepting an application and a set of plans and specifications for review, the City Engineer shall collect a plan -checking fee. Separate permits and fees shall apply to retaining walls or major drainage structures. All applicants submitting plans as required by this Ordinance shall pay all fees and/or deposits as required by this Ordinance and by City Council resolution establishing applicable fees and deposits. 18.24.040 Grading Permit and Inspection Fee A. All applicants requesting a rough or precise grading permit, stockpile permit, or administrative clearing permit as required by this Ordinance shall pay all fees and/or deposits as required by this Ordinance and by City Council resolution. B. The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project as indicated in the City's fee schedule. C. A separate permit shall be required for each separate (noncontiguous) site. One permit may cover both an excavation and a fill on the same site. D. Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this Ordinance, except where it can be proven to the satisfaction of the City Engineer that an emergency existed that made it impractical to first obtain the permit. A violation shall result in an assessment of double permit fees for work done prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this Ordinance. 18.24.060 Review of Geotechnical Reports Fee Before accepting a geotechnical (soils) report for review, the City Engineer shall collect a report review fee. A separate fee will be charged for each individual report fee submitted for review. The amount shall be as set forth by City Council resolution. 18.24.080 Refunds After submittal and commencement of processing by the City, no fee collected pursuant to this division, shall be refunded in whole or in part, except as provided as follows: A. Inspection fees may be refunded, less any City expenses incurred, including an overhead charge of twenty percent (20%), at any time prior to the start of the work authorized by the permit, upon the applicant's written request, provided the grading application has expired or has been withdrawn. 24 B. No refund shall be made if the applicant or permittee has any outstanding debts owed to the City, or if corrective work remains to be done on the grading work itself. C. No refund shall be made pursuant to this section if a request for refund is submitted to the City more than one (1) year from the date of payment of the fee as to which a refund is claimed. 18.24.100 Cost Recovery Fees If the City Engineer performs emergency work relating to grading and erosion and sediment control on private property, he shall charge the property owner all direct and indirect costs that are necessary to complete the work to his satisfaction. Any costs assessed against the property owner under this section may be appealed to the City Council in accordance with Section 18.27.100, "Appeals" of this Ordinance. 18.24.120 Grading, Erosion and Sediment Control Securities A. Security required. A grading permit shall not be issued unless the permittee first posts a security with the City comprised of a cash deposit, letter of credit, or a combination cash deposit and a corporate surety bond issued by a surety authorized to do business in the State of California, in an amount specified in Subarticle 9 of the Grading Manual. The security amount is required to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate any deficiency or hazard created by the work or its lack of maintenance, as follows: 1. A cash deposit, in accordance with Subarticle 9 of the Grading Manual, may be required by the City Engineer to ensure the elimination of hazardous conditions and the emergency maintenance of erosion and sediment control systems. 2. A cash deposit, in accordance with Subarticle 9 of the Grading Manual, may be required by the City Engineer for stockpiles to ensure their removal in accordance with Section 18.09.120(C), "Types of Permits" of this Ordinance. 3. On developments where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing (blanket) bond or other approved security that covers all such projects may be accepted in an amount determined by the City Engineer. B. Failure to Complete the Work. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the City Engineer may order work required by the permit to be completed or put in a safe condition to his satisfaction. The surety executing such bond, deposit, instrument of credit, or letter of credit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended in causing any and all such required work to be done. C. Default in Performance Conditions. Whenever the City Engineer finds or determines that a default has occurred in the performance of any requirement of a condition of a permit issued under the provisions of this Ordinance, written notice thereof shall be given to the principal and to the surety named on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the City Engineer to be reasonably necessary for the completion of such work. After receipt of such notice, the surety shall, within the time specified, cause or require the work to be performed, or failing therein, shall pay the estimated cost of doing the work as set forth in the notice. The surety shall pay the City for actual costs in accordance with Section 18.24.100, "Cost Recovery Fees" of this Ordinance. 25 Chapter 18.27 ARTICLE 10. ORGANIZATION AND ENFORCEMENT Sections: 18.27.020 Powers and Duties of the City Engineer 18.27.040 Violations and Penalties 18.27.060 Hazardous Conditions 18.27.080 Public Nuisance 18.27.100 Appeals 18.27.020 Powers and Duties of the City Engineer The provisions of section 202, Powers and Duties of Building Official, of the California Building Code shall apply to the City Engineer and his or her representative for all grading construction and earthwork to be done as required by any conditions of a permit issued pursuant to this Ordinance. 18.27.040 Violations and Penalties A. It shall be unlawful for any person, firm or corporation to do grading work in the City of Temecula, or cause the same to be done, contrary to or in violation of any of the provisions of this Ordinance or State or Federal Law. B. The issuance of a building permit, performance of building permit inspections, or issuance of a certificate of occupancy may be withheld on property -on which a violation of the provisions of this Ordinance exist, including work not performed in accordance with the approved plans, until such violation(s) has been corrected to the satisfaction of the City Engineer. C. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor. Each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day -or portion thereof during which any violations of any provisions of this Ordinance are permitted, continued or committed by such person, firm or corporation and shall be punishable as provided for in Chapter 1.20, "General Penalty' of the Temecula Municipal Code. 18.27.060 Hazardous Conditions A. Hazardous conditions exist when the state of any natural ground, natural slopes, excavation, fill or drainage devices are situated on private property in such a manner that they are a hazard to life or limb, or a danger to public safety, or endangers the safety, usability, or stability of adjacent property, structures or public facilities. B. The City Engineer or their designee (including City Code Enforcement) may examine, or cause to be examined, every condition reported as hazardous as set forth in subsection (A) of this section. C. Upon confirmation of a hazardous condition, the City Engineer or their designee (including City Code Enforcement) shall provide written notification to the permittee, owner or agent in control of property with confirmed hazardous condition, requiring mitigation of said hazardous condition and stipulation of an acceptable time frame for compliance. D. The permittee, owner or agent in control of the property shall comply with any demand for corrective work or repairs as required. In the event that corrective action is not completed within the period specified in writing, the City may exercise any available recourse for 26 correction of said hazardous condition in accordance with Title 8, Chapter 8.12, "Nuisances" of the Temecula Municipal Code. 18.27.080 Public Nuisance For purposes of this Ordinance, the following shall constitute a public nuisance: A. Any grading or other work conducted without a permit where it is required by this Ordinance. B. Any grading or other work done in violation of any of the conditions imposed thereon by a permit issued pursuant to this Ordinance. C. Any grading or other work, which fails to be done as required by any conditions of a permit, issued pursuant to this Ordinance. D. The existence of a hazardous condition as defined in Section 18.27.060, "Hazardous Conditions" of this Ordinance upon the determination by the City Engineer that such condition exists. 18.27.100 Appeals A. The applicant, permittee, or any person(s) not satisfied with the decision by the City Engineer in regards to issuance of a grading permit or the performance of the permitted work, may file a written appeal to the City Clerk for a hearing before the City Council. B. Any such appeal must be made within three (3) calendar days following the decision. C. The City Council will set a hearing to consider the appeal at the earliest possible regularly scheduled City Council meeting. D. The City Council, after receiving and considering all testimony and pertinent documents, may: Uphold the City Engineers decision; or 2. Approve the appeal; or 3. Modify the City Engineers decision, consistent with the requirements of this Ordinance. 27 Chapter 18.33 ARTICLE 11. DEFINITIONS OF TERMS Whenever, in this Ordinance and the Grading Manual, or in any resolution or standard adopted by City Council pursuant to this Ordinance, the following terms are used, they shall have the meaning ascribed to them in this section, unless it is apparent that some other meaning is intended: "Administrative Clearina Penult" means a permit that authorizes the clearing, brushing, or grubbing of a portion of land beyond that scope exempted from the permit process by this Ordinance. "As -Graded" means the site configuration upon completion of grading. This includes all horizontal and vertical dimensions and relationships and all physical features installed, reconstructed, eliminated, or altered by the grading operations as shown on the record drawings prepared by the Engineer of Work. "Accessible Route of Travel" means the continuous unobstructed path connecting all accessible elements and spaces in an accessible building or facility that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by persons with other disabilities, and that also is consistent with the definition of "path of travel'. "Accessibility" means the combination of various elements in a building or area, which allows access, circulation, and the full use of the building and facilities by handicapped persons. "Applicant" means any person, corporation, partnership association of any type, public agency or any other legal entity who submits an application for a grading permit pursuant to this Ordinance. "Approval" means that the proposed work or completed work conforms to the requirements of this Ordinance, in the opinion of the City Engineer. "ASTM Standards" means the American Society for Testing Materials, which develops standardized test methods, specifications, practices, guides, classifications and terminology in such subject areas as metals, paints, construction, consumer products and many others. "Base" means a layer of specified material of planned thickness placed immediately below the pavement or surfacing. "Bedrock" means in -place solid rock. "Best Management Practices" (BMPs) means the management practices, operating procedures, and devices implemented to prevent or reduce the discharge of pollutants directly or indirectly to public or private drainage systems. "Bench" means a relatively level step excavated into soil materials on which fill is to be placed. "Borrow" means soil material acquired from an off -site location for use in grading on a site. "Buttress Fill" means an engineered fill designed to stabilize an adverse geologic condition (landslide, adverse bedding, etc.). "Certify" or "Certification" means a signed written statement that the specific inspections and/or tests required to be performed on real property have been performed and that the works comply with the applicable requirements of this Chapter, the plans, and the permit. "City Engineer" means the Director of Public Works/City Engineer of the City of Temecula or his or her duly delegated representative. NE "Civil Engineer" means a professional engineer registered in the State of California to practice in the field of civil engineering. "Clearina. Brushina and Grubbing" means the removal or disturbance of vegetation (grass, brush, trees, and similar plant types), weed abatement, manmade structures, environmentally sensitive species and habitats, rocks, archaeological artifacts and sites, or other environmentally sensitive features by any means for purposes of development or compliance with laws, rules or regulations. For purposes of this chapter, references to "clearing" means clearing, brushing and grubbing individually and separately. "Compaction" means the densification of a fill by mechanical or other acceptable means. "Construction Site" means any project requiring a local grading or building permit, including projects requiring coverage under the General Construction Permit. "Contour Grading" means grading that creates or results in land surfaces that reflect the pre -graded natural terrain or that simulates natural terrain (i.e. rounded, non -planer surfaces and rounded, non - angular intersections between surfaces). "Crib Wall" means a crib type wall as described in the most recent publication of "Standard Plans", Department of Transportation, State of California. "Cross -Lot Drainage" means any drainage course created through grading or excavation that crosses on to another lot either within or outside the subdivision or construction site. "Curb Cut" means the interruption of a curb at a pedestrian way, which separates surfaces that are substantially at the same elevation. "Curb Ramp" means a sloping pedestrian way, intended for pedestrian traffic, which provides access between a walk or sidewalk to a surface located above or below an adjacent curb face. "Cut" see definition for "Excavation" "Dry Season" means May Vt thru September 301h of each year. "Engineer of Record" means the professional engineer holding a current registration in the State of Califomia who supervised the design and signed the grading plan accepted by the City Engineer. "Erosion" means the process by which the ground surface is worn away as a result of the movement of wind or water. "Erosion and Sediment Control Plan" is a plan prepared under the direction of and signed by a Civil Engineer competent in the preparation of such plans and knowledgeable about current erosion and sediment control methods. Said plan shall provide for protection of exposed soils and desiltation of runoff at frequent intervals along flowage areas, at entrances to storm drains, at entrances to streets and driveways, and at the exit of the area being graded. "Erosion and Sediment Control System" means any combination of desilting facilities, retarding basins, flow decelerators, and/or erosion protection (including effective planting and the maintenance thereof) to protect the project site, adjacent private property, watercourses, public facilities, graded improvements, existing natural features, archaeological artifacts, and to relieve waters of suspended sediments or debris prior to discharge from the site. "Excavation" or "Cut' means an act by which soil, sand, gravel, or rock is cut into, dug, quarried, uncovered, removed, or relocated, and shall include the conditions resulting there from. %i9 "Expansive Soils" is any soil with an expansion index greater than twenty (20), as determined by the Expansive Index Tests of the California Building Code. "Fault" means a fracture in the earth's crust along which movement has occurred. A fault, as defined by the California Division of Mines and Geology, is considered active if the movement has occurred within the last eleven thousand years (Holocene geologic time). "Fill" means a deposit of soil, sand, gravel, rock, or other material placed by artificial means. "Fugitive Dust" means the particulate matter entrained in the ambient air as a result of man-made fugitive dust sources as determined by South Coast Air Quality Management District Rule 403. "General Construction Permit" means the permit issued by the SWRCB to regulate discharges from construction activity. "Geohvdrologv" means all groundwater information, water -well usage rate requirement, seepage elevations, pollution evaluations, projected usage rate considerations, evaluations of impact on existing and future users, and long term projections appropriate to site development. "Geologic Hazard" means any geologic feature capable of producing structural damage or physical injury. Geologic hazards include: A. Landslides and potential slope instabilities resulting from bedding faults, weak clay stone beds, and over steepened slopes. B. Deposits potentially subject to liquefaction, seismically induced settlement, severe ground shaking, surface rupture, debris flows, or rock falls resulting from fault activity. C. Deposits subject to seepage conditions or high -ground water table. "Geotechnical Engineering Report" means a geotechnical report prepared under the responsible supervision of a geotechnical engineer and approved by the City Engineer or his representative, which includes: A. Preliminary information concerning engineering properties of soil and rock on a site prior to grading, present, historical, and future groundwater levels, analysis for both gross and surficial slope stability, fill settlement, liquefaction potential, alluvium deposits, describing locations of these materials and providing recommendations for preparation of the site for its intended use. B. A grading report which includes information on site preparation, compaction of fills placed, providing recommendations for structural design and approving the site for its intended use. "Grade" means the vertical elevation of the ground surface. A. "Existing grade" means the ground surface prior to any grading activity. B. "Finish grade" means the final grade of the site, which conforms precisely to the City - approved plans, approved construction changes or approved record drawings. C. "Natural grade (or natural ground)" means the ground surface unaltered by artificial means. D. "Rough grade" means the stage at which the work is in to precise conformance with the approved plan and when all excavations for drainage structures and retaining walls are complete. 30 "Grading," means any process of excavation or filling or combination thereof "Greenbook Standards," means the most recent publication of the Standard Specifications for Public Works Construction, which provides specifications that, have general applicability to public works projects. "Hillside Slte," means a site where the existing grade is 20 percent (%) or greater and which may be adversely affected by drainage and/or stability conditions within or from outside the site, or which may cause an adverse affect on adjacent property. "Key" means a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. "Keyway" means an excavated trench into competent earth material beneath the toe of the proposed fill slope. "Landslide" means a perceptible down slope movement of rock, soil, or artificial fill ranging in speed from moderately slow (slump) to very rapid (avalanche). "Maximum Extent Practicable (MEP)" means the technology based standard established by Congress in the Clean Waters Act, Section 402(p)(3)(B)(iii) that operators of MS4 permits must meet. To achieve the MEP standard, municipalities must employ whatever Best Management Practices are technically feasible (i.e. are likely to be effective) in combination with treatment methods serving as a backup. "Mined Lands" includes the surface, subsurface, and groundwaters of an area in which surface mining operations will be, are being, or have been conducted. This includes private ways and roads_ appurtenant to any such area, land excavations, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other related materials or property are located. "Municipal Separate Storm Sewer System/MS4 (Permit)" means the certification/regulation requirements that the City must meet to allow storm water discharges into the Waters of the State. "Natural Terrain" means the lay of the land prior to any grading or other artificial landform modification. "National Pollutant Discharge Elimination System (NPDES)" means the permitting and program requirements established by the Federal Clean Water Act and administered by the Environmental Protection Agency to regulate the discharge of pollutants to waters of the United States. "Owner" means a person who owns a site upon which is located grading, Gearing, mining, quarrying, and/or commercial extraction operations that are being conducted or may be conducted. "Path of Travel" means a passage that may consist of walks and sidewalks, curb ramps and pedestrian ramps, lobbies and corridors, elevators, other improved areas, or a necessary combination thereof, that provides free and unobstructed access to and egress from a particular area or location for pedestrians and/or wheelchair users. "Permit" means the authorization issued pursuant to this Ordinance, together with the application for the same, the conditions upon which it was issued, and any plans, specifications, reports, and approved modifications thereto. "Permittee" means any person, property owner, contractor or authorized agent to whom a permit is issued pursuant to this Ordinance. 31 "Person" means any individual, firm, association, corporation, organization, or partnership or any city, county, district, the State or any department or agency thereof. (14 Cal. Code of Regulations, Sec. 3501) "Pollutant" means any agent that may cause or contribute to the degradation of water quality. The term may include, but is not limited to, dredged spoil, rock, sand, silt, solid and liquid waste, oil, fuels, construction related materials, debris and other contaminates. "Precise Conformance", for purposes of this ordinance, means: A. Pad elevations within plus or minus four -tenths of a foot of planned elevation or approved construction change: B. Street subgrade within plus or minus four hundredths of a foot of planned elevation or approved construction change; C. Slope grades within plus or minus one foot of planned elevation or approved construction change; D. Rock slopes (rip -rap armoring) and horizontal locations within two feet of planned elevation and location or approved construction change; E. Drainage gradient to within two -tenths of one percent of planned slope or approved construction change; and F. Structures within the tolerances specified in the latest adopted version of the "Standard Specifications for Public Works Construction" (Green Book). "Precise Grading Permit" means a permit that is issued on the basis of approved plans that show the precise locations of structures, finished elevations, drainage details and all on -site improvements on a given property. "Priority Development Protects" means new development and redevelopment projects, as indicated in the City's MS4 permit requirements. "Quarrying"' means the process of removing or extracting stone, rock, or similar materials from an open excavation for financial gain. "Rainy Season" means the period beginning October 16r and ending April 30s' the next calendar year. "Record Drawings" means plans prepared by the engineer of work subsequent to the completion of all work on the approved plans and approved changes thereon depicting the as -graded condition. "Regional Water Quality Control Board" (RWQCB) means the Regional Water Quality Control Board for the San Diego Region, which includes the City of Temecula. "Retaining Wall" means a wall designed to resist the lateral displacement of soil or other materials. "Rough Grading Permit" means a permit that is issued on the basis of approved plans that show finished elevations, interim building pad elevations and drainage. "Site" means the real property on which activities subject to this Ordinance may occur. "Slope" means an inclined ground surface of fill, excavation or natural terrain, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. 32 "Slope Revenetation" means the planting of graded slopes with native and/or naturalizing plant species, which, after an initial establishment period, usually requiring irrigation, will survive with normal precipitation. "Slope Stability" shall be defined as follows: A. "Gross stability" means the factor of safety against failure of slope material located below a surface approximately three to four feet deep, measured from and perpendicular to the slope face. "Surficial stability" means the factor of safety against failure of the outer three to four feet of slope material measured from and perpendicular to the slope face. "Soil" means any rock, natural soil, or fill, and/or any combination thereof. "South Coast Air Quality Management District" (SCAQMD) means the regulatory authority for all or portions of Los Angeles, Orange, San Bernardino and Riverside Counties that oversees air pollution emissions from stationary sources, including fugitive dust sources generated by construction activity. "State Water Resources Control Board" (SWRCB) means the regulatory authority that allocates water rights, adjudicates water right disputes, develops statewide water protection plans, establishes water quality standards, and guides the nine Regional Water Quality Control Boards located in the major watersheds of the state. "Stockpile" means a temporary uncompacted fill or embankment placed by artificial means, which is designated or intended to be moved, or relocated at a later date. "Stop Work Order" means an order issued by a City official who requires that specific activity or all activity on a work site be stopped. "Storm Water" means surface runoff and drainage associated with stone events. "Storm Water Management Plan (SWMP)" means a plan submitted in connection with an application for a City permit or other City approval, identifying the measures that will be used for storm water and non -storm water management during the permitted activity. "Storm Water Pollution Prevention Plan" (SWPPP) means a document (other than a Storm Water Management Plan), which meets the requirements set out in the State General Construction Storm Water Permit or the State General Industrial Storm Water Permit. The SWPPP submitter to the City must describe the BMPs to be implemented to meet the requirements of this Ordinance. "Sub -base" means a layer of specified material of planned thickness between a base and the subgrade. "Subgrade" means the soil prepared to support structures, or that portion of the roadbed on which pavement, surfacing, base or subbase, or layer of other material is placed. "Standard Urban Storm Water Mitigation Plan (SUSMP)" means a plan submitted in connection with an application for a City permit or other City approval, identifying the measures that will be used to mitigate the impacts of urban runoff from Priority Development Projects. "Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. "Topsoil" means soil which is within the uppermost horizon of a soil profile, and which contains organic matter, nutrients, and microorganisms necessary for plant growth. 33 "Ultimate Right-of-Wav' means the right-of-way shown as ultimate on an adopted precise plan of highway alignment, or a street right-of-way shown within the boundary of a recorded tract map, or a recorded parcel map. The latest adopted or recorded document in the above cases shall take precedence. If none of these exist, the Ultimate Right -of -Way shall be considered to be the right-of- way required by the highway classification as shown on the Master Plan of Arterial Highways. In all other instances, the Ultimate Right -of -Way shall be considered to be the existing right-of-way. "Watercourse" means a permanent or intermittent stream or other body of water, either natural or improved, which gathers or carries surface water. "Watershed" means the geographical area which drains to a specified point on a water course, usually a confluence of streams or rivers (also know as a drainage area, catchment, or river basin. "Waters of the State" means any water, surface or underground, within the boundaries of the State, including a MS4. 34 Section 5: The provisions of Title 18, Articles 1 through 11, shall apply to all grading permits issued on or after the effective date of this Ordinance. Section 6: The City Council authorizes and directs the Director of Public Works/City Engineer to prepare and utilize a manual of standards setting forth the administrative procedures and technical requirements necessary to implement the provisions of this Ordinance. Such rules, procedures, and requirements shall be entitled "Administrative and Technical Procedures Manual for Grading, Erosion, and Sediment Control" in substantially the form set forth in Exhibit A. Section 7: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application, and to this end, the provisions of this Ordinance are declared to be severable. Section 8: The potential grading and land clearing activities regulated by this Ordinance represent components of the adopted General Plan that has already received the appropriate review when the General Plan was approved. Based on this fact, the City Council hereby finds that the adoption of this Ordinance is exempt from further review pursuant to CEQA Guideline Sections 15162(a) and 15061(b)(3) of the CEQA Guidelines. Section 15162 states that when an EIR has been certified for a project, no additional environmental review is required unless there is substantial evidence that the project has changed. The Final EIR for the City General Plan was certified on November 9, 1993. Section 9: The City Clerk shall certify the Ordinance and cause it to be published as required by law. This Ordinance shall take effect on the 30th day after adoption pursuant to state law. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula on the 20th day of April 2004. [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 35 Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do 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 201h day of April, 2004, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the I I'h day of May, 2004 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk 36 EXHIBIT "A" CITY OF TEMECULA bEPARTMENT OF PUBLIC WORKS ADMINISTRATIVE AND TECHNICAL PROCEDURES FOR GRADING, EROSION & SEDIMENT CONTROL "GRAbING MANUAL" Approved l CITY OF TEMECULA GRADING MANUAL TABLE OF CONTENTS Subarticle Section Title Subarticle 1 GENERAL PROVISIONS 1.1 Authority................................................................... 1.2 Purpose................................................................... 1.3 Adoption and Revision ............................................. Subarticle 2 (Intentionally left blank) Page ......................1 ......................1 ......................1 Subarticle 3 GRADING APPLICATION REQUIREMENTS 3.1 Grading Application, Plans and Specifications...............................................2 3.2 Other Grading Plan Clearances.....................................................................3 3.3 Rough Grading Plan.......................................................................................3 3.4 Precise Grading Plan......................................................................................5 3.5 Single (Custom) Residential Lots...................................................................5 3.6 Geotechnical (Soils) Reports........:.................................................................6 3.7 Other Data (Hydrology, Limits of Inundation, etc.).........................................8 3.8 Dust Prevention and Control Plan..................................................................8 3.9 Haul Route Plan.............................................................................................9 Subarticle 4 GRADING PERMIT REQUIREMENTS 4.1 Permit Issuance............................................................................................11 4.2 Administrative Clearing Permits...................................................................11 4.3 Stockpile Permits..........................................................................................12 4.4 Disposal of Materials....................................................................................13 4.5 Final Reports................................................................................................13 4.6 Rock Blasting................................................................................................13 Subarticle 5 GRADING DESIGN STANDARDS 5.1 Cuts..............................................................................................................15 5.2 Fills...............................................................................................................15 5.3 Berms...........................................................................................................17 5.4 Expansive Soils............................................................................................17 5.5 Retaining Walls.............................................................................................18 5.6 Setbacks.......................................................................................................18 FigureA Setbacks.......................................................................................................19 5.7 Terracing and Drainage................................................................................20 5.8 Pad Grading.................................................................................................21 5.9 Asphalt Concrete Pavement and Base Standards ...................................... 22 5.10 Driveways.....................................................................................................23 Subarticle 6 EROSION AND SEDIMENT CONTROL 6.1 Erosion and Sediment Control Plans...........................................................24 6.2 BMP Implementation....................................................................................25 6.3 Temporary Site Vegetation...........................................................................26 Table 1 Long Tenn Erosion and Sediment Control Cover...................................26 6.4 NPDES Requirements..................................................................................28 Subarticle 7 GRADING INSPECTION 7.1 Site Inspections............................................................................................29 7.2 Excavation and Fill Inspection......................................................................29 7.3 Concrete or Gunite Drainage Device Inspection..........................................29 7.4 Other Drainage Devices...............................................................................30 7.5 Paving Inspection.........................................................................................30 7.6 Rough Grade Certification............................................................................31 7.7 Sediment Control Facilities...........................................................................31 7.8 Final Inspection............................................................................................31 Subarticle 8 COMPLETION OF WORK 8.1 Final Reports................................................................................................32 Subarticle 9 GRADING FEES and SECURITIES 9.1 Grading, Erosion and Sediment Control Plan Checking Fees .....................34 9.2 Grading Permit and Inspection Fees............................................................34 9.3 Grading Permit Renewal Fees.....................................................................34 9.4 Reinspection Fees........................................................................................34 9.5 Grading, Erosion and Sediment Control Securities......................................34 APPENDIX APPENDIX A Grading Plan Submittal & Permit Application...............................................36 APPENDIX B Security Agreement and Bond Forms..........................................................37 APPENDIX C Grading Plans/Subsurface Sewage Disposal System.................................38 APPENDIX D Review Under Earthquake Fault Zoning Act................................................39 APPENDIX E Standard Erosion and Sediment Control Notes...........................................40 APPENDIX F Standard Grading Notes...............................................................................41 APPENDIX G Agreement to Obtain Grading Permit for Lots on Dirt Roads.......................42 CITY OF TEMECULA ADMINISTRATIVE AND TECHNICAL PROCEDURES MANUAL FOR GRADING, EROSION AND SEDIMENT CONTROL SUBARTICLE I. GENERAL PROVISIONS 1.1 AUTHORITY Section 18.01.040, "Grading Manual," of the City of Temecula Grading, Erosion and Sediment Control Ordinance (hereinafter referred to as the "Grading Ordinance") authorizes the Director of Public Works/City Engineer (hereinafter referred to as the "City Engineer") to formulate such rules, procedures and interpretations as may be necessary to administer the Grading Ordinance. Such rules, procedures, interpretations and amendments thereto shall be referred to as the "City of Temecula Administrative and Technical Procedures Manual for Grading, Erosion and Sediment Control" (hereinafter referred to as the "Grading Manual") upon approval by the City Council. 1.2 PURPOSE The purpose of the Grading Manual is to assist users of the Grading Ordinance by supplementing it with detailed information regarding rules, procedures, interpretations, standard specifications, requirements, forms and other information applicable to control grading, excavation, land clearing and erosion and sediment control. The Subarticles in the Grading Manual are organized to follow the content of the Articles in the Grading Ordinance. Should any portion of the Grading Manual be found in conflict with the provision of the Grading Ordinance, the more restrictive provision shall apply. 1.3 ADOPTION AND REVISION The provisions of the Grading Manual, including revisions and additions thereto, shall be prepared by the City Engineer, and shall become effective upon being approved by the City Engineer. 3.1 SUBARTICLE 3. GRADING APPLICATION REQUIREMENTS GRADING APPLICATION, PLANS AND SPECIFICATIONS A grading permit application shall consist of the following items and forms completed and signed by the applicant or his representative unless otherwise specified by the City Engineer: A. Application Form. The following information is required on the application form: 1. Name, address and telephone number of the applicant, with date of application. 2. Names, addresses and telephone numbers of any and all contractors, subcontractors or persons actually doing the grading activities, and the respective tasks. 3. Name, address and telephone number of the person responsible for the preparation of the site map and grading plan, erosion- and sediment -control plan, geotechnical engineering, and engineering geology reports. 4. Names, addresses and telephone numbers of any and all persons responsible for archeological, paleontological, and/or other cultural resource investigations and reports. 5. Signature of the owners of the site, or of an authorized representative. 6. Name, address and telephone number of a person authorized to take corrective action in the event of an emergency. Note: The information listed in paragraphs (1) through (6) of subsection A of this section shall be kept current until the conclusion of the permitted activities. B. The completed application shall be submitted for review and approval along with the following items, completed and signed by the applicant or his representatives, unless otherwise waived by the City Engineer: 1-. Itemized transmittal letter. 2. Grading plan (six (6) folded sets of prints). 3. Erosion and sediment control plan (six (6) folded sets of prints). 4. Preliminary Soils/Engineering Geologic Investigation Reports (three (3) bound sets). 5. Hydrology and Hydraulic Report (three (3) bound sets, if required). 6. Title Report (three (3) sets). 7. City Conditions of Approval, if associated with Development Application (three (3) sets). 8. Application Fees; Initial Plan Check Fees. 9. Letters of permission from the owners of any adjacent properties that are proposed to be graded on. 10. Dust Prevention and Control Plan. 11. Haul Route Plan for import or export of material, including source of borrow material or disposal site. 3.2 3.3 C. Grading and Erosion and sediment control Plan Requirements: 1. Information on Plans and Specifications: Plans submitted for approval shall be drawn to minimum scale of 1" = 40', ink on reproducible Mylar sheets measuring 24" x 36" and shall be of sufficient clarity to indicate the nature and extent of the work proposed. 2. The first sheet of each set of plans shall give the location of the work and the name and address and telephone number of the owner, the engineer of record, the project geotechnical engineer, engineering geologist, the person available on 24-hour call to provide erosion and sediment control installation and, when required, the project paleontologist and archaeologist. 3. Plan pages shall be oriented so that the "North Arrow" is specified at the top right side of each page. OTHER GRADING PLAN CLEARANCES A. Prior to issuance of a grading permit, written clearances or permits may be required from, but not limited to, the following agencies and/or City Departments: 1. California State or Regional Water Quality Control Board (401 Certification) 2. California Department of Fish and Game 3. Riverside County Flood Control and Water Conservation District 4. California Division of Industrial Safety 5. Temecula Fire District (fuel modification) 6. United States Army Corps of Engineers (404 Certification) 7. Riverside County Geologist (Seismic areas) S. South Coast Air Quality Management District (Dust control) 9. U.S. Fish and Wildlife Service 10. Regional Water Quality Control Board (NPDES requirements) 11. Temecula Building Department (retaining walls) 12. Temecula Planning Department :_(Environmental clearances, as may be required, to implement the California Environmental Quality Act (CEQA); and any land use permits that may be required in accordance with the City's Development Code.) 13. Temecula Community Services Department (parks and perimeter landscaping) B. The applicant shall be responsible for submitting copies of the grading plans to the applicable divisions or agencies and obtaining all required clearances or permits associated with the grading project. C. Drainage Easements. For all drainage -ways where the functioning of the drainage - way is essential to the protection and use of multiple properties, a covenant and/or deed restriction shall be recorded by the applicant, placing the responsibility for the maintenance of the drainage -ways on the owner of record of each respective lot affected. Permanent off -site drainage easements, as required by the City Engineer, shall be acquired by the permittee. Such easements shall be subject to approval of the City Engineer and City Attorney and recorded prior to issuance of the grading permit. ROUGH GRADING PLAN A. Six (6) sets of the grading plans shall be required and shall contain, but not be limited to, the following information: 1. Existing and proposed topography of the site, taken at a maximum contour interval of two feet (2') so as to define the topography over the entire site. Ninety percent (90%) of the contours shall be plotted within one (1) contour interval of the true location. 2. A minimum of two (2) contour intervals that extend a minimum of fifty feet (50') off -site or sufficient to show on -and off -site drainage; 3. Site's property lines, shown in true location with respect to the plan's topographic information; 4. Location and graphic representation of all existing and proposed natural and man-made drainage facilities; 5. Detail (plan and section) of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with or as part of the proposed work, together with a map showing the drainage area and the calculated runoff of the area served by any drain, and the calculated carrying capacity of such drains; 6. Location and graphic representation of proposed excavations and fills, of onsite storage of soil and other earth material, and of on -site disposal; 7. Location of existing vegetation types and the location and type of vegetation to be left undisturbed; 8. Location of proposed final surface runoff, erosion and sediment control devices; 9. Estimated quantity of soils material, in cubic yards, to be excavated, filled, stored or otherwise utilized on site; 10. Outline of methods to be used in clearing vegetation and in storing or disposing of the cleared vegetative matter; 11. Location of any buildings or structures on the property where the work_ is to be performed, and the location of any buildings or structures on land of'adjacent owners, which are within one hundred feet (100') of the property or which may be affected by the proposed grading operations; 12. North arrow, written and graphic scales 13. Location and type of easements within twenty feet (20) of the site boundary, together with the available information on the type and location of facilities they contain; 14. If the grading project includes the movement of soils material to or from the site, the permittee shall submit the haul route plan for review and approval by the City Engineer prior to the issuance of a grading permit. 15. Additional plans, drawings, calculations, environmental impact information, or other reports required by the City Engineer. 16. Erosion and sediment control plan designed to limit erosion of all disturbed portions of the property and to minimize the transport of soil onto adjacent properties or into streets, storm drains, or drainage ways, 17. Location of any on -site or adjacent off -site public utilities (i.e. water, sewer, gas, power, telephone, CAN, etc.) 4 3.4 PRECISE GRADING PLAN A. The plans shall include the following in addition to the above items listed for Rough Grading Plans: 1. The footprint or allowable building area of all proposed structures (including appurtenances). 2. Setback distances between structures and top and toe of slopes. 3. Detailed finish grade and finish floor elevations. 4. Flow lines for lot drainage. 5. Details for building footing and side -yard swale relationship (including extra - height of footing). 6. All proposed concrete flatwork and/or driveways. 7. All disabled access requirements in accordance with Section 18.12.160 "Disabled Access" of the Grading Ordinance. B. The precise grading plan shall identify all previous rough grading plans issued for the project site. It may include sheets from the rough grading plan that show original topography in lieu of reproducing original contours on the precise plan. 3.5 SINGLE (CUSTOM) RESIDENTIAL LOTS A precise grading plan shall be submitted as part of the application for a building permit for all custom residential building sites. The precise grading plan shall include, but not be limited to: A. Existing contours and proposed grades. B. Pad and finished floor elevations; footprints of existing and proposed structures; and elevations of all existing and proposed structures. C. Location and dimensions of all proposed and existing public improvements and utility connections, septic tanks and leach fields (if applicable), easements, and rights -of -way. Include onsite and offsite improvements. D. Location of existing fire hydrants on both sides of the property. E. Existing topography including natural features to be preserved (i.e., rocks, trees, structures, water courses, streets, trails, slopes, wells, etc.) to at least fifty (50) feet from the perimeter of the subject property at a minimum of four -foot (4') intervals. F. Cross -sections at all property lines. G. Streets: typical cross -sections, improvements, utilities, rights -of -way. H. Label all slope rates (2:1 maximum). I. Limits of FEMA floodplain, floodway and floodwater surface elevations. E J. Drainage and flood control facilities (size and type). Delineate special hazard zones (i.e., earthquake faults, liquefaction, subsidence, etc.) K. Include all grading notes, erosion and sediment control notes, and relevant details, sections, etc. L. Proposed Fire Department vehicle access roads and/or turnarounds in compliance with California Fire Code (CFC) Section 902. 3.6 GEOTECHNICAL (SOILS) REPORTS A. Three (3) bound copies of each geotechnical report required in this section shall be submitted as part of the application for a grading permit. Each report shall contain all information applicable to the project, including specific geologic constraints that may affect grading and development of the site. B. Recommendations contained in the approved reports shall be incorporated into the grading plans and specifications and shall become conditions of the grading permit. 1. Preliminary (Initial) Geotechnical Report: The preliminary geotechnical report shall be prepared subsequent to a subsurface investigation of the site and shall include information and data regarding the nature, distribution and strength of existing soil and rock on the site, the physical properties of existing soils, slope stability analysis, fill/alluvial settlement analysis, liquefaction potential analysis, conclusions as to adequacy of the site for the proposed grading; recommendations for general and corrective grading procedures, including the correction of weak or unstable soil conditions and treatment of any expansive soils that may be present, foundation and pavement design criteria, and shall provide other recommendations, as necessary, commensurate with the project grading and development. 2. Preliminary (Initial) Engineering Geology Report: a. Engineering geology reports shall be required for all developments where geologic conditions are considered to have a substantial effect on existing and/or future site stability. This includes grading on hillside sites where the height of cut slopes exceeds six (6) feet unless the requirement is waived by the City Engineer. This requirement may be extended to other sites suspected of being potentially adversely affected by faulting, fissuring, or differential settlement. b. The preliminary engineering geology report shall include a comprehensive description of the site topography and geology including a geology map; an opinion as to the adequacy of the proposed development from an engineering geologic standpoint, and opinion as to the extent that known or reasonably inferred instability on adjacent properties may adversely affect the project, a description of the nearest potentially active faults and their locations, a description of the field investigation and finds, conclusions regarding the effect of geologic conditions on the proposed development, and specific recommendations for plan modifications, corrective grading and/or special techniques and systems to facilitate a safe and stable development and shall provide other recommendations as necessary, commensurate with the project grading and development. The preliminary engineering geology report may be combined with the preliminary geotechnical engineering report. C. Erosion and Sediment Control Plan. An erosion and sediment control plan shall indicate proposed measures for the control of runoff, erosion and sediment movement. The erosion and sediment control plan shall emphasize erosion control with sediment control as a supplement to erosion prevention and shall include, at a minimum, the measures designed to meet the standards established in Subarticle 6 "Erosion and Sediment Control." Unless waived by the City Engineer, the erosion and sediment control plan for the site shall be approved prior to issuance of a grading permit. A copy of the approved erosion and control plan shall be maintained in an obvious and accessible location on the grading site. D. Work Schedule: The applicant shall submit a masterwork schedule showing the following information: Proposed grading schedule, 2. A proposed schedule for installation of all interim and permanent erosion and sediment control measures, and 3. A proposed schedule for construction of final improvements. E. Seismicity Reoorts. Prior to issuance of a grading permit, all grading projects that lie within an earthquake fault zone shown on the maps prepared by the State Geologist pursuant to the Alquist- Priolo Earthquake Fault Zoning Act ("Act") shall submit the following information to the City Engineer for review by the County of Riverside Transportation and Land Management Agency/Planning Division (TLMA): 1. Four (4) wet signed copies of the site specific, geologic/fault hazard report. a. The report shall be issued by a geologist who is registered in the State of California; shall define and delineate any hazard of surface fault rupture; and shall be prepared'in accordance with the requirements of the Act. b. The report shall include the appropriate site maps and assessor's parcel numbers for the applicable lot(s). C. A check or money order, payable to the Riverside County Planning Department for the current review fee charges by the County for Alquist Priolo report review. (Refer to Section I(a)(4) of the Review Under Earthquake Fault Zoning Act, identified in the Appendix of the Grading Manual.) 2. Upon filing of the above information and appropriate fees with the City Engineer, it shall be referred to the TLMA for review by a State Licensed Geologist. The County will work directly with the Registered Geologist who prepared the report, to obtain an acceptable report. Copies of the review/comment letters will be forwarded to the City Engineer. 3. Upon an acceptable report being obtained, the TLMA will prepare a letter that includes the conclusions and recommendations of the consultant's report, conditions of approval, and a statement indicating approval of the report. Copies of the final report and approval letter will be transmitted to the City Engineer and the California Division of Mines and Geology, in compliance with the Act. 3.7 OTHER DATA (HYDROLOGY. LIMITS OF INUNDATION. GROUNDWATER. ETC. A. Unless waived by the City Engineer, the applicant shall submit hydrology and hydraulic calculations and drainage area maps to determine the quantity of runoff generated by or tributary to the site, and its effects on the site or upon upstream or downstream properties. Erosion and sediment transfer studies, and other supporting data may be required. B. Limits of inundation on the subject property during specified storm frequencies shall be delineated on the grading plan, along with the submittal of supporting calculations. C. The engineer of record responsible for the preparation of the plans shall certify that the building pads to be created through any proposed grading are free from inundation from runoff from specified storms and to provide floodplain elevations and widths, sheet flow depths, floodway elevations and widths, and any other data required by the City Engineer, or by any applicable County, State, or Federal flood protection insurance program or requirement. D. The engineer of record or applicant shall prepare and submit suitable studies and data regarding percolation and permeability characteristics of the soils and their suitability for the use of septic tanks and leach fields, groundwater hydrology studies, data, and tests regarding the quantity and quality of groundwater which can be produced from properties not served by City water system, and its adequacy for domestic and agricultural use and for fire protection E. Identify location of any public well. The Rancho California Water District may require a Source Water Assessment report that identifies mitigation measures for sub -surface septic systems. i)4c)♦ 1�F-3i�:7�Tl�:IIL�P.TI:IZ�i�Pii:Z�7M711:i A. A Dust Prevention and Control Plan shall be submitted in conjunction with a grading plan or other plan involving the movement or stockpiling of soil. The City Engineer may also require the submittal of a Dust Prevention and Control Plan for other development as deemed necessary. At a minimum, the following conditions concerning the Dust Prevention and Control Plan shall apply: 1. The plan shall demonstrate that fugitive dust emissions will be controlled twenty- four (24) hours a day, seven (7) days a week, whether or not there is current activity on the site. 2. The plan shall identify the name and phone number of the person responsible for ensuring the plan is implemented and who can be contacted in the event of a dust complaint after normal working hours. 3. The plan shall demonstrate that the discharge of dust from the construction site will not occur or can be controlled depending on the particular site conditions and circumstances. Dust control measures shall include, but are not limited to, the application of water or dust palliatives; the installation of wind fencing; treatment of staging areas; and the establishment of performance standards for maintaining the site in a moist condition. 4. When an entire project is to be graded and the subsequent construction on the site is to be completed in phases, the portion of the site not under construction shall be treated with a chemical stabilizer, or plant materials and an irrigation system consistent with Section 18.15.060, "Erosion and Sediment Control Systems" of the Grading Ordinance. 5. If the importing or exporting of soil is necessary as demonstrated by the cut and fill quantities on the grading plan, the dust control plan shall include procedures for the control of dust resulting from the loading or transportation of soil from, to, or within the project site, and on public roadways. B. SCAQMD Review. All projects with more than one hundred (100) acres of disturbed surfaces at any given time, and/or projects which move more than ten thousand (10,000) cubic yards of soil on at least three (3) days per year, MUST submit a dust control plan to South Coast Air Quality Management District (SCAQMD) for review and approval. In such instances, the applicant shall obtain SCAQMD approval of the dust control plan prior to issuance of a grading permit by the City. 3.9 HAUL ROUTE PLAN Where soils material is moved on public roadways from or to the site of an earth grading operation, the following requirements shall apply: A. Prior to issuance of a grading permit, the haul route shall be approved by the City Engineer. Deviation from this designated haul route shall constitute a violation of the conditions of the permit issued under the provisions of the Grading Ordinance. B. At least twenty-four (24) hours before hauling is to commence, the applicant shall notify the City Engineer. C. In lieu of covering hauled loads, haul vehicles will comply with the freeboard requirements of Section 23114 of the California Vehicle Code for both public and private roads. D. The permittee shall be responsible for maintaining public rights -of -way used for hauling purposes in a condition free of dust, earth material or debris, attributed to the grading operation. E. Dust control measures, consistent with the provisions of Subarticle 3.8 of the Grading Manual, shall be implemented. F. Loading and transportation of soils material from or to the site shall be accomplished within the limitations established in Section 18.09.200, "Time of Operations," of the Grading Ordinance. G. Access roads to the site shall be only at points designated on the approved grading plan H. The last fifty -feet (50') of access road, as it approaches the intersection with the public roadway, shall have a grade not to exceed three percent (3%) and be constructed of gravel or equivalent material to prevent mud and debris from dropping from wheels onto street travel lanes. Mud Plates, Shaker Plates and/or additional equipment shall be required at the City inspector's discretion. There must be three hundred feet (300') Gear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the three hundred feet (300) sight distance cannot be obtained, flagmen shall be posted. I. A stop sign conforming to the requirements of the California Vehicle Code shall be posted at the entrance of the access road to the public roadway. J. Advance warning signs shall be posted on the public roadway four hundred feet (400') on either side of the access intersection, carrying the words "Truck Crossing." The signs shall be diamond shaped with an orange background; each side being thirty inches (30") in length with black letters five inches (5") in height. The sign shall be placed six feet (6') from the edge of the pavement, and the base of the sign shall be five feet (5') above the pavement level. Signs may be higher in areas conflicting with pedestrian, bicycle or equestrian traffic and shall be covered or removed when the access is not in use. K. The permit shall specify other conditions, including the posting of a cash bond, which may be determined necessary by the City Engineer, to minimize disruption of normal traffic activities and public inconvenience, and to prevent or minimize damage to public or private streets or improvements. L. Protection of public utilities. 10 SUBARTICLE 4. GRADING PERMIT REQUIREMENTS 4.1 PERMIT ISSUANCE For subdivisions, a rough grading permit may be issued after the approval of a Tentative Tract or Parcel Map. Grading permits subject to the above subdivision requirements shall not be issued prior to approval of the Tentative Map unless approved by the City Engineer. 4.2 ADMINISTRATIVE CLEARING PERMITS An administrative clearing permit shall not be issued until all of the following have occurred to the satisfaction of the City Engineer: A. For development related clearing, where the proposed clearing and grubbing is in anticipation of, or pursuant to, development of the affected property, the following shall be accomplished: 1. Completion of a grading application in accordance with Subarticle 3.1, "Grading Application, Plans and Specifications." 2. All applicable discretionary approvals for development of the land shall have been issued, and 3. All required environmental mitigation measures shall have been implemented, and 4. All required dust control measures shall have been implemented in accordance with Subarticle 3.8. 5. All applicable fees and deposits shall have been paid, and 6. A satisfactory clearing plan shall have been approved, and 7. An erosion and sediment control plan shall have been approved and security posted to assure implementation. 8. Any clearing done pursuant to this section shall conform to the location, extent and purpose authorized explicitly by the applicable approvals for development of land. B. For non -development clearing, in all other instances where development is not anticipated, the following shall be accomplished: 1. Completion of a grading application in accordance with Subarticle 3.1, "Grading Application, Plans and Specifications." 2. A clearing plan showing the location of existing natural vegetation, locations of all existing buildings or structures on the property and the specific area to be cleared shall have been approved. 3. Photographs of the site and surrounding properties that clearly indicate existing conditions and vegetation shall be submitted. 11 4.3 4. All required dust control measures shall have been implemented in conformance with Subarticle 3.8, "Dust Prevention and Control Plan." 5. A biological report or other documentation which indicates the quantity and quality of existing vegetation as potentially suitable habitat for sensitive species, and any potential impacts on the suitability of remaining habitat on site and adjacent properties shall be submitted and approved by the Director of Planning (on disturbed sites, this report may be required to recommend revegetation with native plants). 6. 7. 8. All required environmental mitigation measures shall have been implemented as may be required by previously adopted environmental studies. An erosion and sediment control plan shall have been approved and cash security posted to assure implementation. An archaeological resources report that indicates the location of sensitive resources, as determined by a qualified archaeologist or paleontologist, shall have been submitted and approved. STOCKPILE PERMITS A stockpile permit is subject to the following conditions: A. Environmental review and approval by the City Planning Department in order to comply with the California Environmental Quality Act (CEQA). B. Approval by the City Council in accordance with Section 18.09.120(C), "Types of Permits" of the Grading Ordinance. C. Completion of a grading application in accordance with Subarticle 3.1, "Grading Application, Plans and Specifications." D. A site plan must be prepared by a registered civil engineer showing quantity, height, location, haul route, and method of stockpiling. E. A certification shall be required on stockpiled soil by a soils engineer for the acceptability of the soil prior to trucking to the site. F. An erosion and sediment control plan must be prepared by a registered civil engineer. G. A Dust Prevention and Control Plan in accordance with Subarticle 3.8, "Dust Prevention and Control Plan." H. The implementation of an effective combination of erosion and sediment controls is required between October Vt to April 30s' in accordance with the erosion and sediment control requirements identified in Subarticle 6. Runoff from stockpiled areas shall be controlled to prevent erosion or resultant sedimentation of receiving waters. Stockpiled soil shall not be placed below the high-water rim of any surface water bodies, within the 100-year floodplain of any surface streams or creeks, or in any other location from which it would be susceptible to erosion into the receiving water. J. The permit costs shall be based on the quantity of the soils material. The soil shall be removed from the site or compacted and graded thereon under a subsequently issued 12 rough or precise grading permit within six (6) months of issuance of a stockpile permit, unless modified by the City Council. 4.4 DISPOSAL OF MATERIALS The disposal of all waste and recycling materials removed as part of any grading project shall be in compliance with the City's Solid Waste Franchise Agreement, as specified within the provisions of Temecula Municipal Code, Title 8, Chapter 8.20, Waste Management. A. Waste materials, debris, vegetation and other rubbish shall be disposed of at a City approved off -site disposal site and/or recycling center. B. All concrete, asphalt, aggregate or sand base material, cement block, trees shrubs, bushes, and all other recyclable material generated during cleaning, demolition, clearing and grubbing or other phases of work shall be disposed of at City -approved recycling centers. C. The permittee may contract with the City's Franchisee for solid waste removal and recycling services. The pemittee may use the services of another vendor provided that the recyclable materials are either donated or sold to the vendor. Under no circumstances may a vendor, other than the Franchisee, charge the permittee for recycling bin rental, recycling services, consultation, or any other service related to the recycling or solid waste disposal. 2. Unless the permittee is using the Franchisee for recycling services, the permittee shall supply proof of disposal of material at a City -approved recycling center, including verification of tonnage by certified weighmaster tickets. If weighmaster tickets are not available, the permittee and the City Engineer shall agree on the estimate of tonnage prior to disposal at the recycling center. D. Questions regarding the removal of construction waste or recyclable materials should be directed to the City of Temecula Community Services District at (909) 694-6480. 4.5 FINAL REPORTS Rough grade and final soil and engineering geology reports shall be submitted in accordance with Subarticle 8.1, "Final Reports." 4.6 ROCK BLASTING No rock blasting shall be permitted until a preblast survey of the surrounding property is conducted to the satisfaction of the City Engineer. During rock blasting, seismic recordings shall be taken for all blasts at locations and levels approved by the City Engineer. All blasting shall conform to the requirements of the City Engineer. A. The contractor shall prepare a site plan, to scale, showing where the blasting will occur and all the buildings and utilities within five hundred feet. B. A preblast survey of all buildings and all public utilities within three hundred feet (300') will automatically be required. Other structures within five hundred feet (500') should be surveyed, if they are more than fifteen (15) years old and/or sensitive, such as historical 11193 buildings. The preblast surveys shall be submitted with the permit application. Alternately, a letter from an authorized survey service may be submitted with a scale drawing showing distances to all structures to be surveyed prior to the blast. C. A seismic monitor shall be located adjacent to the closest building or most sensitive building. The seismic recording shall be submitted to the project inspector as soon as they are available. D. Ground accelerations shall be limited to one foot (1) per second per second (fpss) in the area of new construction, and one-half (0.5) fpss around older or sensitive buildings. E. The blasting contractor shall provide written notification to all residents within five hundred feet (500') of the blast area. At a minimum, the notice is to be in the form of a door -hanger stating the approximate time the blast or blasts will occur. The notices are to be in place at least forty-eight (48) hours prior to blasting. F. The applicant shall pay an appropriate administrative fee for processing of each blasting permit. 14 SUBARTICLE 5. GRADING DESIGN STANDARDS 5.1 CUTS A. Degree of Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use, but in no case shall it be steeper than two horizontal to one vertical (2:1). No slopes shall exceed thirty feet (30) in vertical height without a terrace, except under the following conditions: The project applicant (property owner) provides a geotechnical engineer's report and/or and engineering geologist's report stating that the project site has been investigated and specifically recommends that a cut slope at a steeper angle will be stable and not create a hazard to public or private property, or environmental considerations dictate otherwise; and 2. The City Engineer approves such recommendation. The City Engineer may require specific recommendations from the geotechnical engineer and/or engineering geologist to support any such recommended deviations; and approve the recommendation as submitted, approve the recommendation subject to specified conditions, or deny the recommendation. 5.2 FILLS A. Fill location. The toe of the fill shall be no closer than twelve feet (12') horizontally to the top of an existing or planned cut slope. The area beyond the toe of the fill shall be sloped for sheet overflow or a protected drain shall be provided. B. Degree of Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use, but in no case shall it be steeper than two horizontal to one vertical (2:1). C. Rounding of Slopes. Fill slopes shall be rounded off so as to blend with the natural terrain. Temporary Slopes. Exceptions to the above may be made for temporary slopes upon written request at the discretion of the City Engineer where the public health, safety, or welfare is not threatened. For -purposes of this Grading Manual, a "temporary slope" refers to a slope that would be removed or reconstructed within a twenty-four (24) month period. E. Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, non- complying fill, topsoil and other unsuitable materials, and by scarifying to provide a bond with the new fill. Where existing slopes exceed five feet (5') in height and/or are steeper than five horizontal to one vertical (5:1), the ground shall be prepared by benching into sound bedrock or other soils material as determined by the geotechnical engineer and approved by the City Engineer. The lowermost bench or keyway beneath the toe of a fill slope shall be a minimum fifteen feet (15') in width. The ground surface below the toe of fill shall be prepared for sheet flow runoff. 2. Where fill is to be placed over a cut slope, the bench under the toe of the fill shall be at least fifteen feet (15) wide and shall meet the approval of the geotechnical engineer and/or engineering geologist as a suitable foundation for fill. 15 F. Fill Material. Only soils material free from tree stumps, organic matter, trash, garbage, sod, peat and similar matter shall be permitted. Exception: Rocks larger than six inches (6") in greatest dimension shall not be used unless the method of placement is properly devised, continuously inspected and supervised by the geotechnical engineer. In addition, the following shall also apply: 1. Prior to issuance of a grading permit, potential rock disposal areas shall be delineated on the grading plan. 2. Rocks sized greater than six inches (6") in greatest dimension shall be ten feet (10') or more below grade, measured vertically, or as recommended by the geotechnical engineer or engineering geologist. 3. Rocks shall be placed so as to assure filling of all voids with fines. Note: When the design of the development or covenants and restrictions clearly provide irrevocable assurance that no structure or utilities will be placed on precisely definable areas, these burial depths may be reduced with the approval of the City Engineer. G. Comoaction. All fill shall be compacted to a minimum of ninety percent (90%) of maximum density as determined by the most current California Building Code Standards, or equivalent, as approved by the City Engineer. 2. Locations of field density tests shall be determined by the soil engineer or approved testing agency and shall be sufficient in both horizontal and vertical placement to provide representative testing of all fill placed. Testing in areas of a critical nature or special emphasis shall be in addition to the normal representative samplings. Field density shall be determined in -accordance with the most current California Building Code Standards, of equivalent, as determined by the City Engineer. 3. Exceptions: a. Where lower density and very high potential expansion characteristics as defined by the most current California Building Code exist, lesser compaction may be granted by the City Engineer upon justification and recommendation by the geotechnical engineer. 4. Fill slopes shall be compacted to the finish slope face as specified in sub- paragraph G (1) of this Section. The soil engineer shall provide specifications for the method of placement and compaction of the soil within the zone of the slope face. 5. Sufficient maximum density by test methods set forth in the most current California Building Code, or an equivalent method approved by the City Engineer, shall be performed during the grading operations to verify that the maximum density curves used are representative of the soils material placed throughout the fill. 16 H. Buttress/Stabilization Fills. Recommendations for buttress fills or stabilization fills by the geotechnical engineer shall be accompanied by a report setting forth the soil or geologic factors necessitating the buttress/stabilization fill, stability calculations based on both static and pseudostatic conditions, (pseudostatic loads need not normally be analyzed when bedding planes are flatter than twelve degrees from the horizontal) laboratory test data upon which the calculations are based, a copy of the approved grading plan showing the location of the buttress/stabilization fill, a scaled section of the buttress/stabilization, and recommendations with details of subdrain requirements. Utility Line Backfills. Backfill for on -site utility line trenches such as water, sewer, gas, and electrical services shall be compacted and tested in accordance with sub -paragraph G (1) of this Section. Alternate materials and methods may be used for utility line backfill, provided that the material specification and method of placement are recommended by the geotechnical engineer and approved by the City Engineer prior to backfilling. 2. The final utility line backfill report from the project geotechnical engineer shall include a statement of compliance by the geotechnical engineer that the tested backfill is suitable for the intended use. 5.3 BERMS Unless waived by the City Engineer, a compacted berm shall be constructed at the top of all slopes steeper than five to one (5:1) and greater than two feet (2') in vertical length. The berm shall conform the slope and shall be a minimum of six inches (6") high and one foot (1') wide. 5.4 EXPANSIVE SOILS A. Tests for expansive soils shall be performed on soils within four feet (4) of the finish grade of any area intended or designed as a location for a building. Whenever expansive soils are encountered: 1. The permittee shall cause such expansive soil to be removed to a minimum depth of four feet (4') below finish grade and replaced with properly compacted, nonexpansive soil; or 2. The geotechnical engineer may recommend a modification to the requirement for removal and replacement of the expansive soils. In general, at the discretion of the geotechnical engineer, expansive soil from cut areas shall be placed in the lower extremities of embankments, and non -expansive materials shall be reserved, stockpiled, or otherwise handled so that they may be placed as a cap over expansive soils. C. Expansive soils that cannot be disposed of on -site, as described above, shall be disposed of off -site by either: Disposal outside the City limits in accordance with Subarticle 4.4, "Disposal of Materials." 17 2. Disposal at another location within the City, provided said location is covered by a grading permit or stockpile permit and the expansive soils can be disposed of at said location with the written approval of the owner and geotechnical engineer. 5.5 RETAINING WALLS A. Retaining walls shall be specified by referencing a current City -adopted standard design with clear notation on the plans of specific wall heights, dimensions, reinforcement options, exception, and modifications. All exceptions and modifications shall be justified by the civil engineer to the satisfaction of the Temecula Department of Building and Safety. B. Retaining wall designs shall be performed by a registered structural engineer or a registered civil engineer competent in structural calculations. Complete structural calculations shall be provided to the Temecula Department of Building and Safety for review and approval, and determination if a building permit is required. C. Cross -sectional views of all retaining walls shall be provided on the grading plan. D. Where a driveway, roadway, or parking area is within five feet (5) of the top of a retaining wall, a vehicle guardrail shall be constructed to the specifications approved by the Department of Building and Safety. E. The grading plan shall clearly indicate which walls are to be constructed and inspected under the authority of a building permit after rough grade approval. Any temporary slopes shall be clearly shown on the plan. 5.6 SETBACKS A. General. The setbacks and other restrictions specified by this Grading Manual are minimum and may be increased by the City Engineer or by the recommendation of a civil or geotechnical engineer, if necessary for safety and stability, to prevent damage of adjacent properties from deposition or erosion or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the City Engineer. Design Standards for Setbacks. a. Setbacks between graded slopes (cut or fill) and structures shall be provided in accordance with Figure A set out in this Section. b. The tops and toes of slopes shall be set back from the outer boundaries of the permit area, including slope rights areas and easements, and from structures in accordance with Figure A, "Setbacks" of this section. Lot lines shall be located at the top of slopes, including berms, wherever practicable. C. Where the requirements of the California Building Code or Title 17, "Zoning" of the Temecula Municipal Code exceed the minimum setbacks specified herein, the more restrictive setback provisions shall apply. B. Earthquake Fault Zones. All projects that lie within an earthquake fault zone, as identified in Subarticle 3.6, "Seismicity Reports" shall comply with the setback requirements established in accordance with the Alquist-Priolo Earthquake Fault Zoning Act. 18 FIGURE A SETBACKS Min. Setback From Adjacent Sepe "yt a b e d e O<6 3' 7' 3' 5' 1' 6-14 5' 7' H/2 ' z H/5 14-30 5' H H/2 H 2 H/5 +30 5' 10' 15' 10, 6' H(hgt) Feet Max. Hw Min. Setback 0-6 3' 3'rnm. 6-12 H/2 H/2 12-30 6' H/2 +30 6' 15' Table A PA Table B _ JgJ 1� H PA MFD hteroeptor Hr —__L MFD H *o1n I T H �c 1 Top of wall H a d Fig. A olowtWn orcwwge Dews Fig. 8 NOTES: 1. PA means permit area boundary and/or property line; MFD means manufactured slope. 2. Setbacks shall also comply with! the Development Code. 3. Table A applies to manufactured slopes 2:1 or steeper natural slopes. Setbacks from natural slopes flatter than 2:1 shall meet the approval of the City Engineer. 4. "b" may be reduced to five feet (5') minimum if an approved drainage device is used; roof gutters and downspouts may be required. 5. "b" may be reduced to less than five feet (5) if no drainage is carried on this side and if roof gutters are included. 6. If the slope between "a" and "b" levels is replaced by a retaining wall, "a" may be reduced to zero and "b" remains as shown in Table A. The height of the retaining wall shall be controlled by the City of Temecula Development Code standards. 7. "b" is measured from the face of the structure to the top of the slope. 8. "d" is measured from the lower outside edge of the footing along a horizontal line to the face of the slope. Under special circumstances "d" may be reduced as recommended in the approved soil report and approved by the City Engineer. 9. The use of retaining walls to reduce setbacks (Figure B) shall be approved by the City Engineer. 10. "f' may be reduced if the slope is composed of sound rock that is not likely to produce detritus and is recommended by the soil engineer or engineering geologist and approved by the City Engineer. 11. a" and "e" shall be two feet (2) when PA coincides with Arterial or local street right-of-way and when improved sidewalk is adjacent to right-of-way. 12. "e" shall be increased as necessary for interceptor drains 19 5.7 TERRACING AND DRAINAGE A. Terraces. Slopes greater than thirty (30) feet in height require terraces at least six feet (6') in width established at not more than thirty foot (30') vertical intervals on all cut or fill slopes to control surface drainage and debris [except where only one (1) terrace is required, which shall be at mid -height.] For cut or fill slopes greater than sixty feet (60') and up to ninety feet (90') in vertical height, one terrace at approximately mid -height shall be twelve feet (12') in width. Terrace widths and spacing for cut and fill slopes greater than ninety feet (90') in vertical height shall be designed by a professional engineer and approved by the City Engineer. Suitable access shall be provided to allow for cleaning and maintenance. B. Terrace Drains. Terrace drains shall be constructed on all terraces, using concrete with suitable reinforcement, with a minimum gradient of three percent (3%) and shall be paved with reinforced concrete, or approved equal, not less than three inches (3") in thickness. Construction of the drains shall be such that concrete is a minimum of one-half inch ('/z") below (and a maximum of four inches (4") below) the surface elevation of the adjacent grade. The terrace drain shall have a minimum depth at the deepest point of one foot (1') and minimum width of three feet (3') (measured across the top) and shall be designed to accommodate the runoff intercepted. 2. Unless otherwise approved by the City Engineer, a single run of terrace drain shall not collect more than 13,500 square feet (projected) of drainage area without discharging into a down drain or other approved collection device. Splash walls, velocity reducers, flow spreaders and other structures shall be provided to the satisfaction of the City Engineer. All down drains shall be constructed of concrete with suitable reinforcement and shall equal the cross - sectional area of the terrace drain or be a pipe of approved material and of twelve inches (12") minimum diameter. 3. Construction of the terrace drains shall be as described for gutters and down drains herein, and shall be located on the terraces with one'(1) side of the ditch at least two feet (2') from the toe of slope. C. Interceptor Drains. Concrete interceptor drains shall be installed along the top of all manufactured slopes where the tributary drainage area flows toward the slope and has a drainage path to top of slope greater than forty feet (40') measured horizontally. Interceptor drains shall be paved with a minimum of three inches (3") of reinforced concrete. They shall be designed to contain the 100-year flow and have a minimum depth of eighteen inches (18") and a minimum paved width of thirty-six inches (36") measured horizontally across the drain. The slope of the drain shall be approved by the City Engineer. D. Subsurface Drainage Cut and fill slopes shall be provided with subsurface drainage as necessary for stability, and as recommended by the geotechnical engineer, geologist, and/or engineering geologist. 2. All canyons and buttress fills shall be provided with sub drains approved by the City Engineer. 20 5.8 Pad Gradina A. Storm Water Runoff. Storm water runoff from lots or adjacent properties shall not be carried over cut or fill slopes steeper than five to one (5:1). Such runoff shall be provided for as follows: Each lot shall be graded so that storm water will drain from the back and through the side yard and front yard with a grade of one percent (I%) minimum directly to an abutting street or approved drainage facility, without flowing across other lots or cut and fill slopes. Pads shall be rough graded to a minimum slope of one and one-half percent (1 '/2 %) to insure that finished grading provides one percent (1%) minimum slope on swales. Where the velocity of the flow is found to be erosive, an improved drainage device shall be required. 2. When the above is not possible, as determined by the City Engineer, storm water shall be collected along the top of banks or at the rear of the graded lots by means of improved gutters, interceptor drains five feet (6) from the structure, or in area drains and carried to properly sized outfalls or devices which shall not be allowed to drain across the surface of sidewalks. 3. Area drains shall be sized by engineer's hydraulic calculations and in every case shall be a minimum of six inches (6") in diameter and constructed of solid wall pipe (not corrugated). Minimum slope shall be two percent (2%) and cleanouts shall be provided every one hundred feet (100') and at angle points and junctions in the system. An alternative overflow shall be designed and constructed to insure the safety of the structure and adjacent properties in the event of drain blockage. 4. All foundations shall be designated and installed to produce a finished floor elevation a minimum of six inches (6") above surrounding grade. 5. No landscape area shall allow ponding of water within five feet (5') of any structure. Irrigation and rain runoff shall not be designed to overflow sidewalks or patio areas. a. Catch basins and area drains shall be installed in all landscape areas adjacent to structures and bounded by hardscape areas within five feet (5') of the structure. Catch basins in these areas shall be provided at a minimum of every ten feet (10') measured longitudinally along the face of the structure. B. Finished Grading. Unless otherwise approved by the City Engineer, finished grading shall slope away from the perimeter of the building toward the pad swale (that goes around the building) at a slope of two percent (2%) for a minimum of five feet (6). This requirement shall also apply to all flatwork and landscaped areas adjacent to the structure. 1. The discharge from any down drain, ditch, or pipe shall be controlled so as to prevent the erosion of the adjacent grounds and installed a minimum of five feet (5') beyond any structure at the top or toe of the slope. Velocities shall be reduced by means of adequately sized aprons of rock, grouted riprap, or box - type energy dissipaters. Riprap sizing shall be designed based upon flow velocities and riprap shall be placed in a manner so as not to create other erosion problems and in conformance with Greenbook standards. 21 2. Surface drainage shall not be carved across a lot or parcel within three feet (3') of a structure without the use of an approved drainage structure. 3. Roof gutter downspouts shall be discharged to five feet (6) beyond the structure and to landscape areas where practicable. Roof gutters shall not be tied into sanitary sewer systems. 5.9 ASPHALT CONCRETE PAVEMENT AND BASE STANDARDS A. Requirements. For the purpose of this section, asphalt concrete (A.C.), aggregate base (A.B.), prime coat, tack coat and seal coat shall meet the current standards of the City for road construction and/or the approval of the City Engineer. B. Cost Estimates: Asphalt concrete is classified as a secondary drainage device when used for roadway and parking lot surfacing and other similar uses. Accordingly, the cost of all paving, with the exception of single-family driveways, shall be included in the engineer's cost estimate. C. Subgrade Compaction: Subgrade soils material shall be compacted to a minimum of twelve inches (12") in depth and shall comply with all other requirements of this division. D. Soil Sterilization: Unless otherwise approved by the City Engineer, subgrade soils material shall be sterilized to preclude plant growth. E. Pavement Structural Section. The project geotechnical engineer, or design civil engineer, shall recommend a pavement structural section(s) for parking lots/service roads, private streets, and dedicated streets for all developments based on: 1. Soils test of the subgrade soil(s) performed in accordance with the latest revision of ASTM Standards; and 2. Anticipated traffic and/or loading conditions. Design shall be in accordance with the Caltrans Highway Design Manual, as amended. The structural sections shall be not less than the minimum standards established by the City. Minimum traffic index for pavement design shall be six (6). 3. All adjoining pavement edges shall be saw cut for butt joints or ground with a minimum of one and one-half inches (1.5") for an asphalt overlay. No feathering is allowed. 4. Minimum overlay depth shall be one and one-half inches (1.5"). 5. A minimum slope of two percent (2%) shall be utilized on all asphalt pavement sections including parking lots. Concrete drainage structures placed at less than one percent (1 %) slope shall have grade stakes set by the engineer of work at no greater than twenty foot (20') intervals. 6. Maximum gradient for parking stalls shall be eight percent (8%). 7. Maximum gradient for parking lots shall be eight percent (8%) for every twenty horizontal feet (20'). PEA 5.10 A. Whenever access is taken from a street, alley or driveway to an off-street parking area serving four (4) or less dwelling units, the driveway or other vehicular access way shall have a maximum grade of fifteen percent (+15%) or minus six percent (-6%) measured from the street, alley or driveway grade along the driveway center line, for a distance of not less than eighteen feet (18') from the street, alley or driveway right-of-way line or minimum distance and grade as established by the Temecula Fire Department. B. Whenever access is taken from a street, alley or driveway to an off-street parking area serving industrial, commercial or professional uses, public or community facilities, or five (5) or more dwelling units, the driveway or other vehicular access way shall have a maximum grade of fifteen percent (+15%) or minus two percent (-2%) measured from the street, alley or driveway grade along the driveway center line, for a distance of not less than eighteen feet (18') from the street, alley or driveway right-of-way line or minimum distance and grade as established by the Temecula Fire Department. Note: Required driveway improvements must be completed prior to issuance of a certificate of occupancy. 23 SUBARTICLE 6. EROSION AND SEDIMENT CONTROL 6.1 EROSION AND SEDIMENT CONTROL PLANS Prior to issuance of a grading permit, plans for erosion and sediment control shall be prepared and submitted for review and approval to the City Engineer. The erosion and sediment control plans shall include, but not be limited to, the following information: A. Pre -Construction drawing(s) that illustrate at least the following: 1. Existing topography with contour intervals. 2. Existing drainage basins. 3. Existing runoff patterns. 4. Location and nature of existing sensitive areas (i.e., wetlands, creeks) 5. Proposed temporary desilting facilities and erosion and sediment controls necessary to protect adjacent properties from sediment deposition. 6. General location of where structural BMP's are to be installed. 7. General location of where nonstructural BMP's for erosion and sediment control are to be installed while construction activities occur. 8. Construction time schedule. 9. Inspection and maintenance requirements. B. Post -Construction drawing(s) that illustrate al least the following: 1. Proposed topography with contour intervals. 2. Proposed drainage patterns. 3. Proposed runoff patterns. 4. Disturbed lands where erosion and sediment control methods are to be installed. 5. Detailed information on erosion and sediment control measures (including vegetation establishment specifications, quantity, and cost estimates). 6. Post -construction BMP inspection and maintenance requirements. C. If agreed upon by the City Engineer, the Pre -Construction and Post -Construction plans can be combined into one set of drawings. However, existing features shall be printed in faded dash lines and new features in solid lines. D. All drawings shall have a maximum scale of 1-inch equal to 100-feet, ink on reproducible mylar sheets measuring 24-inches by 36-inches. E. The erosion and sediment control standard notes including the name, address, and a 24- hour phone number of the person responsible for installing and maintaining the erosion and sediment control system and performing emergency erosion and sediment control work; F. The name, address and signature of the civil engineer or person who prepared the plan; G. The streets, easements, drains, and other improvements, which will exist as of October 1". H. The placement and location of sediment control measures including spacing, alignment, and typical detail and slope planting or other measures to control erosion from all disturbed portions of the property in accordance with Section 18.15.060, "Erosion and Sediment Control Systems" of the Grading Ordinance. 24 Access routes to all such erosion and sediment control facilities and how access shall be maintained during inclement weather. J. All State and Federal erosion and sediment control requirements shall be met. K. All erosion and sediment control plans are a first "appraisal" of what may be necessary to minimize the discharge of sediment from a construction site. Consequently, modification and updates to approved plans are expected to occur that ensures effective control of sediment and erosion. The City of Temecula reserves the right to require updates, deletions, and other modifications to the plans. 6.2 BMP IMPLEMENTATION A. Permittee shall implement Best Management Practices (BMPs) that ensure the following at all construction sites: 1. Erosion prevention; 2. Minimum grading activities during the rainy season; 3. Slope stabilization; 4. Phased grading; 5. Revegetation as early as feasible; 6. Preservation of natural hydrologic features; 7. Preservation of riparian buffers and corridors; 8. Maintenance of all source control and treatment control of BMPs; and 9. Retention and proper management of sediment and other construction pollutants on site. B. Temporary and/or permanent erosion devices shall include, but are not limited to mulching, seeding, soil binders, turf reinforcement mats, blankets, temporary and/or permanent vegetation, or other devices or methods as approved by the City Engineer. Jute netting shall not be utilized as a stand-alone erosion control method. Temporary erosion controls are required on all slopes over 3' in height between October 18' and April 301h unless 70% vegetative cover has been established. C. For prolonged periods of inactivity, erosion control shall include protection of all slopes in excess of three feet (3') in accordance with this Manual and Section 18.15.080, "Temporary Site Vegetation — When Required" of the Grading Ordinance, unless otherwise approved by the City Engineer. Slopes may require an adequate sprinkler system to be installed. Vegetation shall be installed, fully germinated, and shall cover the required slopes prior to October I" of each year. D. Temporary and/or permanent sediment control devices shall include, but are not limited to, desilting basins, check dams, chevrons, cribbing, riprap, gravel and/or sand bags, fiber rolls, earth berms, filter cloth, silt fences, stabilized construction entrances or other devices or methods as approved by the City Engineer. E. Desilting basins, if applicable, shall be constructed prior to grading operations and compacted to ninety percent (90%) of maximum density. A spillway constructed of erosion resistant materials (i.e. plastic, PCC) shall be installed for overflow, as designed by the Engineer of Record. A geotechnical engineer's report, which includes the type of field-testing performed, location and results of the testing shall be submitted to the City Engineer for approval upon completion of the desilting basins. F. Desilting basins shall be provided adjacent to drainage inlets and/or outlets located throughout the graded site or constructed around the perimeter of projects, and shall be designed to provide a desilting capacity capable of containing the anticipated runoff for a 25 period of time adequate to allow reasonable settlement of suspended particles. Grading cost estimates shall include maintenance and ultimate removal costs for temporary desilting basins. G. The erosion and sediment control provisions shall take into account drainage patterns during the current and future phases of grading throughout the rainy season and shall include, but not be limited to, directing drainage away from the edge of top of slopes. H. Paved streets, sidewalks and other improvements shall be protected from pollutant discharge and be maintained in a neat and clean condition free of loose soil, construction debris and trash. Street sweeping or other equally effective means shall be used on a regular basis to prevent stone flows from carrying sediment and debris outside the project boundaries. Watering to clean the streets is prohibited. 6.3 TEMPORARY SITE VEGETATION A. General Requirements. Pursuant to Section 18.15.080, "Temporary Site Vegetation — When Required", of the Grading Ordinance, all cut and fill slopes requiring erosion control shall be vegetated with drought tolerant grass or ground cover in order to protect the slopes from erosion and instability. Slopes exceeding three feet (T) in vertical height shall be planted with long-term drought -tolerant groundcover, with species, sizes and spacing per Table 1, below. The plants selected and methods used shall be suitable for the soil and climatic conditions found on the site according to their water needs. Plant materials and planting patterns may be varied upon the recommendation of a landscape architect with approval of the City. TABLE 1 LONG TERM EROSION AND SEDIMENT CONTROL GROUND COVER Plant Size Maximum Spacing Baccharis species Flats 12" on center Delos erma>Alba=-White Trailing Ice Plant Flats 12" on center Drosanthemum s ecis — Ice Plant Flats 12" on center Lam ranthus s ecis — Ice Plant Flats 12" on center Lonicera japonica — Honeysuckle Flats 12" on center M o orum parvifolium -M o ovum Flats 12" on center B. Erosion and sediment control — Landscape and Irrigation Plan Requirements. Landscape plans shall be submitted for all slopes exceeding three feet high. A landscape plan shall include: a. A slope planting schedule that provides common and scientific names and specifications of all plants, including the names of all species, number and size of each tree and shrub and the spacing of plants. b. The location of the planting. C. Details necessary to complete the project including scope of work, materials to be used (seed mixtures, plant species listed by size, 26 quantity, fertilizer used and rate of application), construction methods, maintenance and timetable for project completion. 2. Irrigation Plan Requirements. a. Except where approved by the City, slopes required to be planted shall be provided with an approved automatic system of irrigation designed to cover all portions of the slope and shall indicate the extent of the work proposed. Care shall be taken to minimize runoff. Turf areas shall be irrigated separately from slope areas. Specifications for proposed devices, size and type of pipe, flow and precipitation rates are to be included on the erosion and sediment control landscape plan. b. Irrigation systems shall provide minimum head to head coverage. Provide overlap as required to allow for seasonal high winds and heat. C. Provide separate valves for sprinklers/rotor where located with more than 7' of vertical change. d. Provide check valves as required to eliminate low head drainage. e. Irrigation systems may be located above grade except where adjacent to vehicular or pedestrian traffic where they shall be located below grade. f. An approved backflow prevention device shall be installed in each irrigation system that conforms to Chapter 10 of the Uniform Building Code. Prior to City approval, any reclaimed water irrigation systems are subject to approval by the State Water Quality Control Board. g. All irrigation is to be designed per the requirements of Municipal Code Chapter 17.32, Water Efficient Landscape. C. Planting Method. Minimum requirements shall include, but not be limited to: Planting holes for all plants shall encourage deep percolation of irrigation. Mulch shall be applied to the surface area to minimize evaporation. 2. Long term ground cover shall be spaced so as to achieve one hundred percent (100%) coverage of the slope in as short a time as possible. 3. The finish grade and drainage shall promote healthy plant growth and minimize erosion and runoff. D. All vegetation planted in accordance with this section shall be maintained in a healthy, vigorous condition. Slopes affected by the future installation of walls, fences, swimming pools or any other buildings shall be properly replanted upon completion of the subsequent projects. E. A grading and erosion and sediment control security shall be required in accordance with Subarticle 9.5, "Grading, Erosion and Sediment Control Securities." F. A final planting inspection shall be required for all sites requiring erosion and sediment control planting. For sites requiring a performance security, slope certification shall be approved prior to building permit final inspection. 27 G. Landscape/irrigation plan check fees, in accordance with the City's Fee Schedule, shall be paid prior to acceptance of the plans for review. Inspection fees shall be paid prior to final inspection and release of any performance security. 6.4 NPDES REQUIREMENTS In accordance with Section 18.15.140, "NPDES Requirements" of the Grading Ordinance, the State Water Resources Control Board (SWRCB) has outlined waste discharge requirements associated with grading and construction activity, as follows: A National Pollution Discharge Elimination System (NPDES) permit will be required for all construction sites that disturb an area of one (1) acre or more, or are part of a larger common plan of development or sale. Prior to issuance of a grading permit for sites meeting these criteria, each applicant shall provide an NPDES permit number to the city engineer. a. A complete NPDES permit application package for discharges associated with construction activity and general requirements may be obtained from the SWRCB web site at: www.swrcb.ca.gov/stormwtr/construction.htmi 2. The NPDES permit requires the following information to be filed with the SWRCB: a. A Notice of Intent (NOI). The NOI application is in the construction permit package. 3. The San Diego Regional Water Quality Control Board requires that the following documents be generated and maintained up to date at the construction site throughout the duration of the project: a. A storm water pollution prevention plan (SWPPP). The conditions are outlined in the construction permit package. b. A monitoring and reporting program. The requirements are outlined in the construction permit package. B. Any necessary dewatering methods shall conform to the regulations of the San Diego Regional Water Quality Control Board. 7.1 SUBARTICLE 7. GRADING INSPECTION A. Prior to the approval of any building or grading plans and specifications, the City Engineer or his or her representative may inspect the site to determine that the plans and specifications are current and reflect existing conditions. B. Prior to any grading, brushing or clearing, there shall be a Pre -Construction Meeting held at a location specked by the Public Works inspector. Prior to placement of curb and gutter or placement of pavement base material, there shall be a Pre -Paving Meeting held on the site. The penmittee, or his agent, shall notify the City Public Works inspector at least five (5) working days prior to requesting a Pre -Construction or Pre -Pave meeting and shall be responsible for notifying all persons responsible for grading or paving related operations. C. The permittee shall notify the City Engineer by 4:00 p.m. one working day ahead of the time that the work will be ready for inspection. Requests for final inspection shall be made in accordance with Subarticle 7.8, "Final Inspection." 7.2 EXCAVATION AND FILL INSPECTION Excavation and fill inspections are required as follows: A. Canyon Cleanout: After all brush and unsuitable material has been removed and an acceptable base has been exposed, but before any fill is placed. B. Toe Bench and Key: After the natural ground or bedrock is exposed and prepared to receive fill, but before fill is placed. C. Over -excavation: After the area has been excavated but before fill is placed. D. Excavation: After the fill has started, but before the vertical depth of the excavation exceeds ten feet (10'), and every ten -foot (10') interval thereafter. E. Fill: After the fill has started, but before the vertical height of the fill exceeds ten feet (10') and every ten -foot (10') interval thereafter. 7.3 CONCRETE OR GUNITE DRAINAGE DEVICE INSPECTION Concrete or gunite drainage device inspections are required as follows: A. Alley gutter and/or concrete swale: Subgrade: After subgrade is prepared and required reinforcement placed; 2. Concrete: During concrete placement; B. Curb and Gutter (Private Property): Subgrade: After subgrade is made, forms in place (control string or wire for slip form), with required reinforcement; 2. Concrete: During concrete placement; 29 C. Terrace Drains, Down Drains, Brow Ditches, and All Other Paved Drainage Devices: 1. Subgrade: After grade is made but prior to placement of welded wire mesh or reinforcing steel; 2. Reinforcement: After thickness control wire and reinforcing steel or welded wire are in place; 3. Concrete: During concrete or gunite placement. 7.4 OTHER DRAINAGE DEVICES Drainage devices other than concrete or gunite inspection are required as follows: A. Subdrains: 1. After excavation but prior to placement of filter material and pipe. The sub drainpipe and filter material shall be on -site for inspection. 2. After filter material and subdrain has been placed but prior to covering with backfill; B. Storm drains and Inlets: 1. All excavation of trenches and trench shoring shall be performed in compliance with the conditions of the most current CaVOSHA Construction Safety Orders, Article 6; Section1541 and Section 1541.1, inclusive. 2. All storm drains and inlets shall be constructed with proper bedding in compliance with Section 306-1.2.1 of the most current Greenbook Standards. 3. After placement of storm drains but prior to covering with backfill, the engineer of record shall provide written certification indicating precise conformance to line and grade on any storm drain being placed flatter than two percent (2%) grade; 4. After placement of inlet forms but prior to placement of concrete, the engineer of record shall provide written certification indicating precise conformance to line and grade of all structures. C. Earth Swales: 1. Prior to rough grading approval, storage of combustible materials, or lumber drop, and also; 2. Prior to final grading approval. 7.5 PAVING INSPECTION Paving inspection is required as follows: A. Subgrade: Inspection is required after subgrade has been established, tested, and approved by the geotechnical engineer, or his qualified representative. The geotechnical engineer shall leave a field memo or compaction test results on site. The engineer of work shall provide written certification indicating precise conformance to line and grade; 30 B. Base: After base course has been placed, tested, and approved by the geotechnical engineer, or his qualified representative, but prior to soil sterilizer and asphalt placement, the geotechnical engineer shall leave a field memo on site to provide compaction test results. Material delivery tickets shall be required. C. Utility Agency Clearance Required: After completion of the curb and gutter improvements and prior to paving certification, clearance letters from all affected utility companies shall be submitted to the project inspector. D. Asphalt Concrete: During asphalt placement, to verify compliance with plans and specifications, continuous inspection shall be provided by an approved testing agency, retained by the owner or geotechnical engineer of record, or its qualified representative. Material delivery tickets shall be required. 2. Prior to application of seal coat, the paved surface shall be water tested to reveal any irregularities and shall be patched where required. Material delivery tickets shall be required after placement of seal coat. 7.6 ROUGH GRADE CERTIFICATION Rough grade inspection is required as follows: The permittee shall request a rough grade inspection upon completion of the rough grading. The engineer of record must submit written certification attesting to precise conformance to line and grade and proper excavation and preparation of all areas ready to receive concrete structures to be built under the grading permit. Under normal circumstances, all subdrains and slope drains shall be in place and approved as a condition for rough grading approval. The geotechnical engineer must submit a final geotechnical report certifying the grading along with successful compaction test results. These reports must be submitted to the Public Works Department along with all required development fees prior to rough grade approval and building permit issuance. 7.7 SEDIMENT CONTROL FACILITIES Sediment control facilities inspection is required as follows A. After excavation of desilting basins but prior to fill placement, prefabricated devices are to be available on -site for inspection. B. After fill placement for desilting basins but prior to placement of concrete or other non - erosive materials. C. After installation of an erosion and sediment control system in accordance with an approved erosion and sediment control plan and the requirements of the City Engineer. 7.8 FINAL INSPECTION The permittee or his agent may request a final inspection upon completion of all work, including installation of all drainage structures and other protective devices, and submittal of all agency approvals and required reports. An as -built plan may be required if, in the opinion of the City Engineer, the finished site differs significantly from the approved grading plan. 31 SUBARTICLE 8. COMPLETION OF WORK 8.1 FINAL REPORTS A. Upon completion of the rough grading work and prior to issuance of a building permit, the City Engineer will require: A written statement by the engineer of record certifying the grading as being in precise conformance with the approved grading plan and which specifically states the following items were performed under his supervision, and are shown correctly on the record drawings: a. Staking of line and grade for all engineered drainage devices and retaining walls (rough grading). b. Setting of all monuments in accordance with recorded tract map (rough or final grading). C. Staking of property comers for proper building and slope location, d. Location of permanent walls or structures on property corners or property lines where monumentation is not required (final grading). e. Location and inclination of all manufactured slopes (rough and final grading). Construction of berms and positive building pad drainage (rough and final grading). 2. A final geotechnical engineering report prepared by the geotechnical engineer, including type of field testing performed, suitability of utility trench and retaining wall backfill, summaries of field and laboratory tests and other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the geotechnical engineering investigation report. Each field density test shall be identified, located on a plan or map, the elevation of test and the test method of obtaining the in -place density described: either ASTM Standards or the approved equal shall be so noted. The geotechnical engineer shall provide written approval as to the adequacy of the site for the intended use, as affected by geotechnical engineering factors, and a statement of compliance to finish grade. Such report may consist of a series of reports at various stages of construction. 3. A geologic report prepared by the engineering geologist, including final description of the geology of the site including any new information disclosed during the grading, and the effect of same on recommendations incorporated in the approved grading plan. The engineering geologist shall provide written approval as to the adequacy of the site for the intended use as affected by geologic factors, a statement of compliance to finish grade, and when required by the City Engineer, shall submit an as -graded geologic map. Upon the final completion of the work under the grading permit, but prior to the release of grading securities or issuance of a certificate of occupancy, the City Engineer will require: A record drawing, prepared on a compact disc and mylar, signed and dated by the engineer of record which shall include original and as -graded ground surface elevation, pad elevation, slope ratios, and elevations and locations of all surface 32 and subsurface fills, subdrains, and general location and depth of all areas of removal of unsuitable soil; 2. Supplemental soils and geologic reports for all work done subsequent to rough grade approval. 33 SUBARTICLE 9. GRADING FEES AND SECURITIES 9.1 GRADING, EROSION AND SEDIMENT CONTROL PLAN CHECKING FEES All fees for grading, erosion and sediment control plan checking for each site shall be in conformance with the City's Fee Ordinance. Erosion and sediment control plans checked after a grading permit has been issued will be treated as a substantial revision for the purpose of determining plan check fees. 9.2 GRADING PERMIT AND INSPECTION FEES A. Grading permit and inspection fees for each site shall be paid in conformance with the City's Fee Ordinance. B. The fee for additional work under an existing grading permit, including erosion and sediment control, shall be computed as specified in the City's Fee Ordinance. No allowance for reduced earthwork volume or valuation shall be permitted. 9.3 GRADING PERMIT RENEWAL FEES 9.4 The fee for renewing an expired grading permit shall be as specified in Section 18.09.260, "Expiration and Renewal of Permits" of the Grading Ordinance. When any reinspection is required due to the negligence of the permittee, his agent or other responsible persons, or due to the failure of said persons to comply with previous correction instructions, a fee as established by resolution shall be charged by the City Engineer for each such reinspection. The fee shall be paid before any further inspections are made. This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Manual, but as to controlling the practice of calling for inspection before the job is ready for such inspection. 9.5 GRADING, EROSION AND SEDIMENT CONTROL SECURITIES A. The amount of the grading, erosion and sediment control security shall be based on twenty percent (20%) of the cost of the project cut or fill volume, whichever is greater, plus a fee of two dollars ($2.00) per cubic yard for each cubic yard in excess of one thousand (1,000) cubic yards; fifty percent (50%) of the cost of the on -site, non -City maintained drainage improvements; and one hundred percent (100%) of the total estimated cost of the erosion and sediment control system. A minimum -security amount of two thousand dollars ($2,000) is required for each grading permit. 1. The amount of the security may also be increased by the City Engineer up to 100% of the cost of the total cut or fill volume, whichever is greater, and 100% of the on -site drainage facilities if the potential hazards or nature of the project, in the opinion of the City Engineer justifies such an increased amount. 2. The City Engineer may require that up to twenty-five percent (25%) of the grading and erosion and sediment control security be submitted in cash, with a maximum amount of forty thousand dollars ($40,000) in a form immediately available to the City to satisfy the cost of correcting any deficiency, hazard or injury created by the work or in violation of the conditions of the permit or the 34 Grading Ordinance. The minimum cash deposit shall be five hundred dollars ($500). 3. Cash Deposits. Cash deposit(s), if required pursuant to paragraphs A(1) and A(2) above, do not release the obligation of the applicant or the surety to satisfy the cost of correcting the deficiency or hazard or injury created by the work. If the amount of the cash deposit is insufficient to satisfy the said costs of the work performed by the City, the City Engineer may invoice the applicant in accordance with Section 18.24.080, "Cost Recovery Fees" of the Grading Ordinance. If the applicant fails to pay such amount within five (5) days from the date of the invoice and restore the cash deposit to its original amount, the City Engineer may revoke the grading permit until such fees and deposits are paid. Any unused portion of the cash deposit(s) will be refunded to the applicant upon final completion of the work to the satisfaction of the City Engineer. 4. Tenn. The term of each security shall begin upon the dated of permit issuance and shall remain in effect until the completion of the work to the satisfaction of the City Engineer. 5. Forms. Every security and agreement shall be made pursuant to the standard forms contained in Appendix B and approved as to form by the City Attorney. 6. Substitutions. Upon approval of the City Engineer, a substitute bond or letter of credit may be filed in lieu of any bond or letter of credit described in this section if it is suitable to ensure completion of the work remaining to be performed, 35 APPENDIX A Grading Plan Submittal & Permit Application PROJECT NO. PERMIT NO. CITY OF TEMECULA ENGINEERING DEPARTMENT 43200 Business Park Dr., Temecula, CA 92590 Ph: 909-694-6411 * Fax: 909-694-6475 GRADING PLAN SUBMITTAL & PERMIT APPLICATION Date Applied: *** INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED *** A. APPLICANT INFORMATION 1. Applicant's Name: Mailing Address: Telephone No.: 2. Owner's Name: Mailing Address: Telephone No.: 3. Civil Engineer's Name: Mailing Address: Telephone No.: Fax No.: Fax No.: Fax No.: NOTE. If more than one person is involved in the ownership of the property being developed, a separate page must be attached to this application which lists the names and addresses of all persons having an interest in the ownership of the property. B. PROJECT INFORMATION 1. Project No. & Title: (Trad /Parcel Map, Pint Plan, C.U.P., Single Family Residence, eta) 2. Project Approval Date: Updated 01t1N2003 RMANDDEWiORM ORADQiG PER?dMNGnding Perm[ Appticedm C. PROPERTY INFORMATION 1. Assessor's Parcel No.: 2. General Location (street address, etc.): 3. Gross Acreage of Project: 4. Gross Acreage of area proposed for grading: (including Septic System with fold & expansion are) YES NO S. Does grading plan also include flat work & structural improvements such as parking lots, storm drain structures, walls, gutters, eta YES NO If YES, please describe: 6. Will improvements Include subsurface septic systems? YES NO 7. Soils Testing Firm Name: Mailing Address: Telephone No.: 8. Will submittal include Hudrology / Hydraulic Study? Fax No.: YES NO 9. Will submittal include Conditions of Approval? YES NO SIGNATURE OF APPLICANT: AUTHORITY FOR THIS APPLICATION IS HEREBY GIVEN: SIGNATURE OF PROPERTY OWNER(S): DATE: (Written Authority May Be Attached) Security Agreement and Bond Forms Recording Requested by City of Temecula When Recorded mail to: City of Temecula Office of the City Clerk Post Office Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 CITY OF TEMECULA GRADING, SEDIMENT AND EROSION CONTROL AGREEMENT DATE OF AGREEMENT: NAME OF APPLICANT: (referred to as NAME OF DEVELOPMENT: TRACT/PARCEL MAP NO (If GRADING SITE/LOCATION (or GRADING PLAN NO: GRADING PERMIT NO: ESTIMATED TOTAL COST OF GRADING, DRAINAGE, SEDIMENT, AND EROSION CONTROL IMPROVEMENTS: COMPLETION DATE: TOTAL AMOUNT OF SECURITY: Total Amount Posted as Cash Deposit:: Amount of Security Posted Other than Cash: NAME OF SURETY AND BOND NO: R:/yasinobk/Cr ding Ordinance and Manu l/CoadingAgreemeni.limll THIS AGREEMENT is made and entered into by and between the City of Temecula, California, a Municipal Corporation, (hereinafter referred to as "CITY"), and the APPLICANT. RECITALS A. APPLICANT has applied for a Grading Permit pursuant to the provisions of the Temecula Municipal Code (hereinafter referred to as "Code") to perform grading work including excavation, fill, installation drainage facilities, stockpiling, clearing and grubbing, landscaping, erosion control or any combination thereof and erosion and sediment control protection within the CITY, more specifically described in the application for a Grading Permit referred to above and incorporated by reference. B. The Grading Plans and Specifications for the work to be performed under the Grading Permit have been approved by the City Engineer. C. The Grading work shall be performed in accordance with the Code, all City standards, specifications and policies and the Grading Plans identified on Page 1 of this Agreement. D. Title 18; Article 9 of the Code requires the Applicant to post a bond or other acceptable form of security with the City to cover the cost of the grading and erosion control work prior to issuance of a Grading Permit. E. An estimate of the cost of the grading, erosion and sediment control work to be performed has been submitted by the APPLICANT and approved by the City Engineer. The estimated amount is stated on Page 1 of this agreement. The basis for the estimate is attached as Exhibit A to this agreement. NOW, THEREFORE, in consideration of the issuance of the Grading Permit by the CITY, the APPLICANT and the CITY agree as follows: APPLICANT'S Obligation to Perform the Grading. Erosion and Sediment Control Work APPLICANT shall: a. Complete by the time established in Paragraph 16 of this Agreement and at the APPLICANT'S own expense, all grading, drainage, landscape, erosion and sediment control work required by the Grading Permit in accordance with the approved Grading Plans, Code and the CITY's standards, guidelines, and grading manual. b. Maintain any and all erosion and sediment control devices in a manner acceptable to the City Engineer. If the City Engineer determines that the erosion and sediment control measures or devices are not adequate or are not being maintained in an acceptable manner, or that a hazardous condition exists due to the work being done or from erosion, the APPLICANT shall take immediate action to correct hazardous conditions, install additional erosion and sediment control devices, or repair the existing erosion and sediment control system. Notification will be made by telephone to the 24-hour emergency number on the plans. If there is no answer, or the contact person fails to take necessary action within the time specified by the City Engineer, the City Engineer may cause corrective action to be taken and the costs of said corrective action shall be deducted from the cash deposit posted by the APPLICANT. 2 RJyasinobk/Grading Ordinance and Manaa1/GmdingAgre=mt.6na11 C. Any funds withdrawn by the City Engineer from the cash deposit shall be replaced by the APPLICANT within five (5) days of notice from the City Engineer to do so. The City Engineer may order all work on the project stopped until such time as the cash deposit is restored to its original balance. This provision shall also apply to offsite desiltation basins, which, in the opinion of the City Engineer, are impacted by siltation originating from the APPLICANT'S development site. Make an inspection of the desiltation basin(s) and other erosion and sediment control devices after each runoff producing rainfall and repair or restore the basin or device when the accumulation of silt or sediment reduces the design performance below acceptable levels in the opinion of the City Engineer. 2. Securities. The APPLICANT agrees to maintain in place said bonds and securities in the amount shown for performance of the terms and conditions of this Agreement and any time extensions granted by the City Engineer. APPLICANT further agrees that if the opinion of the City Engineer, the amount of said bonds or securities becomes insufficient, APPLICANT agrees to renew each and every bond or security amount with good and sufficient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Not withstanding any other provision herein, if APPLICANT fails to take such action as is necessary to comply with said notice, he shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified the APPLICANT of the insufficiency of the sureties or the amount of the bonds, or both. 3. Release of Securities. The security required by this Agreement shall be released as follows: a. Security given to guarantee performance of the grading and erosion control work as authorized pursuant to the Grading Permit and this Agreement shall be released upon acceptance of the work by the City Engineer subject to the following provisions: (1) Upon written application for release by the APPLICANT, the City Engineer may release a portion of the security as grading is completed and accepted. The City Engineer shall not authorize the release of the grading and erosion control security to an amount, in his or her opinion, below that required to guarantee the completion of any work or any other obligation imposed by the Code, Grading Permit, conditions of approval for the development or this Agreement. (2) All or any portion of the cash security deemed necessary by the City Engineer, shall be retained to guarantee maintenance and repair of desiltation basins and other erosion control devices. The remaining cash security shall be released, without interest, upon determination of the City Engineer that the grading site has been adequately and permanently safeguarded against erosion and all temporary desiltation basins and erosion control devices have been removed. (3) The CITY may retain from the security released an amount sufficient to cover costs, expenses and fee, including attorney's fees. R:/yminobk/Gmding Ordinance and Mwu l/GradingAgre ent.finall 4. Acquisition of Easements. The APPLICANT shall not commence any offsite grading until proof of all necessary easements and/or written legal permission or title is submitted to the City Engineer. 5. Right of Entry. Inspection, and Approval. APPLICANT shall at all times allow the CITY, or its authorized agents, to enter upon the grading site for the sole purpose of inspecting the site in accordance with the conditions and requirements of the grading permit and to accomplish any emergency or erosion control work. Upon completion of the work, the APPLICANT shall request a final inspection by the City Engineer. If the City Engineer determines that the work has been completed in accordance with this Agreement, he shall certify completion of the work. APPLICANT shall bear all costs of inspection and certification. 6. Iniury to Public or Private Property and Improvements or Public Utilities Facilities. APPLICANT shall replace or have replaced, or repair or have repaired, as the case may be, all public and private property and improvements or public utilities facilities which are damaged or destroyed as a result of any work under this Agreement. APPLICANT shall bear the entire cost of replacement or repair of said property, improvement s, or utilities damaged or destroyed by reason of any work done under this Agreement, whether such property or utilities are owned by the United States or any agency thereof, or the State of California, or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. Permits. APPLICANT shall obtain all permits, approvals and licenses necessary for the grading activity; give all necessary notices and pay all fees and taxes required by law. 8. Notice to City Engineer. APPLICANT, his agents and employees, shall give the notice to the City Engineer at least five (5) working days prior to beginning any work approved under said permit in order to schedule a pre -construction meeting with the City's Public Works Inspector. For all regular inspections, the APPLICANT shall notify the City Engineer by 4:00 p.m., one working day ahead of the time the work will be ready for inspection. 9. Default of the APPLICANT. In the event the APPLICANT fails to comply with the above terms and conditions, the Surety shall comply with any lawful order of the City Engineer requiring the work authorized and affected by the Permit to be completed and that the premises covered by the permit be made safe to life and property to the satisfaction of the City Engineer, and in such event such Surety fails to promptly do so, the Surety shall pay the CITY all costs and expenses incurred by CITY in completing the work authorized by the permit making the premises safe to the satisfaction of the City Engineer. If the APPLICANT, or his agents or employees neglects, refuses or fails to perform the work to insure its completion within the specified time, or if the APPLICANT violates, neglects, refuses or fails to perform satisfactorily any of the provision of the plans and specifications, APPLICANT shall be declared in default of this Agreement and notice in writing of such default shall be served upon APPLICANT by the City Engineer. The City Engineer shall have the power to terminate all rights of the APPLICANT because of neglect or default. The determination by the City Engineer of the questions as to whether any of the terms of the Agreement or specifications have been performed satisfactorily shall be conclusive upon the APPLICANT, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to any and all rights and remedies available to the CITY under law or in equity. 0 Rlyuinobk/Grading Ordinance and M=mVGmdingAgre=enLfinall In the event the CITY is required to complete all or part of the improvements as, set forth above, the APPLICANT hereby grants to the CITY and to any agent or employee of the CITY, the irrevocable permission to enter upon the lands of the above referenced grading activity for the purpose of completing the improvements. This permission shall terminate in the event that the APPLICANT has completed the work within the time specified or any extension thereof granted by the City Engineer. 10. Applicant not Agent of CITY. Neither APPLICANT or any of the APPLICANT'S agents or contractors are or shall be considered to be agents of the CITY in connection with the performance of APPLICANT'S obligations under this Agreement. 11. Iniury to Work. Until such time as the grading, erosion and sediment control improvements are approved by the City Engineer, APPLICANT shall be responsible for and bear the risk of loss to any of the grading, erosion and sediment control improvements. Until such time as all improvements required by this Agreement are fully completed and approved by the City Engineer, APPLICANT will be responsible for the care, maintenance of and any damage to such work. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work specified in this Agreement prior to the completion and approval of the work. All such risks shall be the responsibility of and are hereby assumed by APPLICANT. 12. APPLICANT'S OBLIGATION TO WARN PUBLIC DURING GRADING AND EROSION CONTROL WORK. Until final approval of the grading and erosion control improvements, the APPLICANT shall give good and adequate warning to the public of each and every dangerous condition existent or adjacent to such grading work and will take all reasonable action to protect the public from such dangerous conditions. 13. Indemnity/Hold Harmless. APPLICANT agrees that neither the City nor any officer, employee or agent thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by APPLICANT under or in connection with any works permitted under said Grading Permit. It is also understood and agreed that APPLICANT shall fully indemnify, defend and hold CITY harmless from any liability imposed for injury occurring by reason of anything done or omitted to be done by APPLICANT under or in connection with any work permitted under said Grading Permit. Said indemnification and agreement to defend and hold harmless shall extend to injuries to persons and damages to or taking of property resulting from the design, construction or grading as provided herein, and in addition, to adjacent properties and improvements located thereon as a consequence of the diversion of waters from the design or construction of drainage systems, private streets, grading and other development improvements. For a period of one (1) year after the issuance of the certificate of completion, the APPLICANT shall perform all maintenance and comply with all conditions required under said permit, the CODE, and all other applicable laws ordinances and regulations. In addition, the APPLICANT shall remain obligated to eliminate any defect in design or any dangerous condition caused by the design or grading but, if not in ownership of the property, shall not be responsible for routine maintenance. Provisions of this requirement shall remain in full force and effect for ten (10) years following acceptance of the grading work. It is the intent of this section that APPLICANT shall be responsible for all liability for design and construction of the grading, erosion and sediment control work done pursuant to this agreement and that CITY shall not be liable for any act or omission in approving, reviewing, checking, or correcting any plans or specification or in approving, reviewing or inspecting any work or grading. R:/yminobk/Gmding Ordinance and Mmu 1/GmdingAgreemmLflnall The grading, erosion and sediment control security shall not be required to cover the provisions of this paragraph. 14. Sale or Disposition of Property. Sale or other disposition of the property will not relieve the APPLICANT from the obligations set forth in this Agreement. If APPLICANT sells the property to any other person, the APPLICANT may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the APPLICANT may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve APPLICANT of the obligations under Paragraph 13 for the work done by the APPLICANT. 15. Time of the Essence. Time is of the essence of this Agreement. 16. Time for Completion of Work/Time Extensions. APPLICANT shall complete grading work required by this Agreement within six (6) months of this Agreement. It is further agreed by and between the parties hereto, including the surety of sureties on the bonds securing this Agreement that, in the event it is deemed necessary to extend the time of completion for the work contemplated to be done under this Agreement, extensions of time may be granted from time to time by the City Engineer either at his own option or upon request of the APPLICANT and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on said bonds. APPLICANT further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein. 17. Legal Responsibilities. The APPLICANT shall keep informed of all local, State and Federal laws and regulations, which in any manner affect those employed by it, or in any way, affect the performance of its obligations pursuant to this Agreement and the Grading Permit. The APPLICANT shall at all times observe and comply with all such laws and regulations. The CITY, its officers and employees, shall not be liable at law or in equity occasioned by failure of the APPLICANT to comply with this section. 18. No Vesting of Rights. Performance by APPLICANT of this Agreement shall not e construed to vest APPLICANT'S rights with respect to any change in any zoning or building law or ordinance. 19. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this paragraph. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the CITY: Notice to CITY: William G. Hughes Director of Public Works/City Engineer 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 0 Rlyminobk/Grnding Ordinance and Mmm1/CradingAgrmment.fina11 Notice to APPLICANT: Contact Name: Company Name: Address: Telephone: Notice to SURETY: Contact Name: Company Name: 20. Severability. It is understood and agreed by the parties hereto that if any par, term or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term of provision held to be invalid. 21. Caotions. The captions of this agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 22. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attomeys' fees. 23. Incorporation of Recitals. The Recitals to this agreement are hereby incorporated into the terms of this Agreement. 24. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modification, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties. In the case of the CITY, the appropriate part shall be the City Manager. R:/yminobk/Gmding Ordinance and MmmlffifadingAgreement.fimll IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Mayor. APPLICANT* Name: M Name: (Proper Notarization of APPLICANT'S signature is required and shall be attached) *Two signatures are required for corporations unless corporate documents are provided that indicates otherwise. CITY OF TEMECULA Mayor ATTEST: Susan W. Jones, CMC City Clerk RECOMMENDED FOR APPROVAL: William G. Hughes Director of Public Works/City Engineer APPROVED AS TO FORM: Peter M. Thorson, City Attorney K/ya inobk/Grading Ordinance and Mmm1/GadingAgm=mt.f=11 CITY OF TEMECULA GRADING, EROSION AND SEDIMENT CONTROL SURETY BOND WHEREAS, the City of Temecula, State of California, and (hereinafter designated as 'Principal") have entered into that certain agreement entitled "Grading, Sediment, and Erosion Control Agreement," dated 20_ and identified as Grading Permit No. ("Agreement'). The Agreement is hereby referred to and made hereof as though set forth in full. WHEREAS, Principal is required under the terms of the Agreement to (1) complete certain grading, erosion and sediment control work, and (2) furnish a bond to guarantee the faithful performance of the Agreement. NOW, THEREFORE, we the Principal and as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of ($ . ) lawful money of the United States, for the payment of such sum will and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to this or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As part of the obligation secured herby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, Rlyasinobk/Grading Ordinance and ManuaVGradingBond.finall including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension, alteration or addition to the terms of the Agreement or to the grading and erosion control work to be performed thereunder or the specifications accompanying the same shall in any way affect ifs obligations on this bond, and it does herby waive notice of any such change, extension, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety named, on, 20_ [SEAL] SURETY: By: (Name) (Title) APPROVED AS TO FORM: [SEAL] PRINCIPAL: By: (Name) (Title) By: (Name) (Title) *Two Signatures are required for corporations unless documents are provided that indicate otherwise. R:lyasinobk/Grading Ordinance and ManuaVGradingBond.finall Peter M. Thorson, City Attorney RlyasinobktGrading Ordinance and ManuaVGradingBond.finall [Letterhead of Issuing Bank] LETTER OF CREDIT NO. (Grading, Erosion and Sediment Control Faithful Performance Security) City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 ATTENTION: William G. Hughes, Director of Public Works/City Engineer REFERENCE: Irrevocable Letter of Credit No. We hereby establish our Irrevocable Letter of Credit number in the amount of DOLLARS ($ ) in favor of the City of Temecula, a municipal corporation of the State of California, hereinafter referred to as "City." This letter of credit is issued in pursuant to the requirements of that certain agreement entered into between City and ("Principal"), entitled "Grading, Sediment and Erosion Control Agreement," dated as of ("Agreement") covering certain grading, erosion and sediment control work to be done at: by Principal and in accordance with said Agreement. This Letter of Credit is available to City against City's draft(s) drawn at sight on us when accompanied by: City's written statement (signed by the City Engineer, City Manger, or City Attorney) certifying that there has been failure of the Principal to adhere to the provisions of the above agreement regarding the grading and erosion control work and further that amount of the draft accompanying this statement is now due and payable. Partial drawings are permitted. All drafts under this Letter of Credit shall be marked "Drawn under Irrevocable Letter of Credit Number issued by (Bank and address) This Letter of Credit expires one (1) year from the date hereof and shall be deemed automatically extended without amendment for a one (1) year period upon such date and upon each anniversary of such date, unless at least sixty (60) days prior to such date or each anniversary of such date we notify the City Clerk, in writing, by registered mail, that we elect not to extend the Letter of Credit. Upon receipt by City of such notice, City may automatically draw the full amount remaining on this Letter of Credit by clean draft, with no supporting documents, and Bank will pay City upon receipt of such draft. Rlyasinobk/Grading Ordinance and Manual.11etteroforedit.finall LETTER OF CREDIT We expressly agree with City that all drafts drawn under and in compliance with the terms of this Letter of Credit shall be duly honored by us. This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits, 1993 Revision, ICC publication No. 500 to the extent it is not inconsistent with applicable laws of the State of California. Financial Institution: M Signature Title: (Note: Letter must be on Bank letterhead) APPROVED AS TO FORM: Peter M. Thorson, City Attorney Principal: Signature Title: NIN09.»ra,8Alx01arT,1aa.016 4G Genie Roberts, Director of Finance Rlyasinobk/Grading Ordinance and Manual./letterofcredit.finall GRADING BOND RELEASE Please complete the foUowing to receive the $995 Engineering Refundable Deposit Name of Person to Receive Check: Street Address: City: State: Zip Code: Phone Number: SIGNATURE OF APPLICANT: (Please Print Name) AUTHORIZATION TO RECEIVE CHECK IS HEREBY GIVEN: SIGNATURE OF PROPERTY OWNER(S): (Written Authority May Be Attached) APPENDIX C Grading Plans/Subsurface Sewage Disposal Systems 38 COUNTY OF RIVERSIDE DEPARTMENT OF ENVIRONMENTAL HEALTH HEALTH SERVICES AGENCY 4080 LEMON STREET, 2ND FLOOR,P.O. BOX 1206 RIVERSIDE, CA 92502 OFFICE: (909) 955-8980 FAX: (909) 955-8903 www.rivcoch.org TO: WHOM IT MAY CONCERN FROM: OGREGOR DELLENBACH, Interim Supervisor .y RE: GRADING PLANS/SUBSURFACE SEWAGE DISPOSAL SYSTEMS The following information shall be addressed and 'depicted by a Registered Civil. Engineer (RCE), Geologist with soils percolation expertise on all proposed and final grading plans for subdivisions, parcel maps, commercial and single family dwelling plot plans where SUBSURFACE SEPTIC SEWAGE DISPOSAL IS INTENDED: 1. The proposed cuts and/or fills in the areas of the sewage disposal systems. 2. The primary sewage disposal system and its 100% expansion area. 3. The elevation of the individual building pads in reference to the elevation of the sewage disposal system. 4. The original tile line to be installed and all required expansion area shall be located in a natural undisturbed soil at the depth of the percolation tests performed. 5. On grading plans stamped by the Registered Civil Engineer (R.C.E.), who did not perform the soil feasibility. percolation report, the RCE will then be required to obtain a written statement and/or a signed stamp from the soils engineer of record on the grading plan as to the appropriateness of the grading plan in accordance with the soils percolation test on record. 6. Grading plans specific to the above shall be submitted to Department of Environmental Health for review and approval. GD:dr (909)955-8980 12-22-" APPENDIX D Review Under Earthquake Fault Zoning Act C, J OF COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT AGENCY Richard K. Lashbrook Agency Director September 4, 2001 Planning Department Temecula Planning Department Gary Thornhill, Department City Manager P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Aleta J. Laurence, A.I.GP. Planning Director Subject: Agreement to Provide Alquist-Priolo Earthquake Fault Report Review Services Dear Sir or Madam: As you may know, we have provided reviews of geologic reports for projects within cities in the past under an informal agreement between the City and the Planning Department. Recently we have become aware of the legal risk under this kind of informal arrangement, therefore we are currently initiating a formal agreement which defines the County requirements for reviewing Alquist-Priolo Earthquake Fault Reports sent to us by the City prior to permit approval. The attached agreement will first need to be reviewed and approved by City Council, whereupon it will then be sent for review and approval by the County Board of Supervisors. Attached you will find the agreement with the County requirements for reviewing Alquist-Priolo Earthquake Fault Reports. We sincerely hope that by initiating this process we can continue to serve you in the most efficient and effective manner. Please reply to the attention of the undersigned when returning the signed agreement. Please do not hesitate to call me at (909) 955-3211 if you have any question concerning this matter. Sincerely, RIVERSIDE COUNTY PLANNING DEPARTMENT Aleta J. LaufPnce,ACVIanning Director A. VAuidon, Chief Engineering Geologist CEG .N r SEP 2 4 2001 WAH:aalt ?" Riverside Office- 4080 Lemon Street, 9ih Floor Indio Office- 82-675 Hwy 111, 2' Floor MwTieta Offio'3 taros Rd. P.O. $oz 1409• Riverside, California 92502-1409 Room 209, Indio, California 92201 ronoMurriet , CaliforniaFax91 6 92563 6145 W AGREEMENT FOR REVIEW UNDER EARTHQUAKE FAULT ZONING ACT This agreement is made and entered into this 13th day of, Nnxembrr , 2001, between the County of Riverside (hereinafter COUNTY"), on behalf of its Transportation and Land Management Agency/Planning Division (TLMA), and the City of Temecula (hereinafter "CITY"). RECITALS 1. CITY has a need for review of site -specific geologic reports prepared and submitted pursuant to the Alquist-Priolo Earthquake Fault Zoning Act ("Act") regarding the incorporated areas of the CITY. 2. TLMA has a State Registered Geologist who has the expertise, and knowledge to perform the services needed by the CITY. 3. COUNTY and CITY desire to specify the terms and conditions under which the services shall, be provided. Section I TLMA agrees: 1. Upon request from CITY, to provide the review and approval by a State Registered Geologist prior to permit approval by the CITY as required by the Act. 2. To perform the services to the same extent and in the same manner as it does similar review services for itself, in accordance with the following procedure: a. The following items should be transmitted to TLMA: 1. Four (4) wet signed copies of the site specific, geologic/fault hazard report. 2. The assessor's parcel number(s) for the applicable lots. 3. The CITY's case number..and appropriate case maps. 4. A check, payable to Riverside County Planning Department for the current review fee charges by the County for Alquist-Priolo report review. See County Ordinance 547 and 671. These fees are subject to a one and one half percent (1.5%) Land Management System Fee Surcharge. This surcharge isaddedto the total fees per the fee schedule. A copy of the current fee schedule is attached. b. Upon receipt of the report and fees, the report is assigned a County Geologic Report Number. The report is reviewed and a site visit is made within 30 days of receipt of the transmittal package. COUNTY will work directly with the Registered Geologist who prepared the report, to obtain an acceptable report. Copies of review letters with comments will be sent to the CITY. C. Upon an acceptable report being obtained, a letter that includes the conclusions and recommendations of 2 AGREEMENT FOR REVIEW UNDER EARTHQUAKE FAULT ZONING ACT the consultant's report, appropriate conditions of approval for the project, and a statement indicating approval of the report is prepared. Copies of the final, approved report and the letter will be transmitted to CITY and the California Division of Mines and Geology, in compliance with the Act. 3. To retain, consistent with State law, all documents submitted and documentation thereafter generated by COUNTY relating to the services performed hereunder. Section II CITY agrees: 1. To submit all necessary documentation for review to COUNTY. 2. To collect and forward to COUNTY with the documentation, the appropriate fee evidencing the cost of review. 3. That CITY shall indemnify and hold COUNTY, its officers, agents and employees free and harmless from any liability whatsoever based or asserted upon any claims arising out of the performance of this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, relating to or in anyway connected with the services contemplated by this agreement to the same extent as CITY is required to indemnify and hold its officers, agents and employees free and harmless. CITY shall defend, at its expense, including reasonable attorney, 3 AGREEMENT FOR REVIEW UNDER EARTHQUAKE FAULT ZONING ACT this Agreement shall be valid unless made in writing and signed by the Parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 6. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way• 7. Any notice required or authorized under this Agreement shall be in writing. If notice is given by United State mail, it shall be sent registered or certified mail, return receipt requested, addressed as follows: City of County of Riverside TLMA/Director of Planning 4080 Lemon St., 9th Flr Riverside, CA 92501 8, This agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the provisions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in 5 AGREEMENT FOR REVIEW UNDER EARTHQUAKE FAULT ZONING ACT 0 connection therewith. This agreement may be changed or modified only upon the written consent of the parties hereto. Date: ATTEST: Gerald A. Maloney Clerk of the Board By: eputy (SEAL) Dated: la 15 161 County of Riverside By: Ci D:\Files\Wp\Agreement Alquist-Priolo Act.doc Chairperson, Board of Supervisors of. Veff Comerchero APPROVED AS TO FORM: ti it Peter M. Thorson, City Attorney FM AGREEMENT FOR REVIEW UNDER EARTHOUAKE FAULT ZONING ACT APPENDIX E Standard Erosion and Sediment Control Notes CITY OF TEMECULA EROSION AND SEDIMENT CONTROL NOTES Information on this plan is for erosion and sediment controls only. See the Grading Plan for additional requirements. A combination of erosion and sediment controls must be in place for all soil -disturbing activities by October 1 of each year and, at a minimum, maintained throughout the rainy season (October 1 - April 30). 2. Discharger Contact Information: of (Responsible Person) at (24-Hour Phone Number) 3. The Discharger is responsible for the implementation and maintenance of all erosion and sediment control work, and shall insure that work is in accordance with this approved plan. If soil disturbance meets or exceeds one acre, a Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB) shall be provided to the City. In addition, all erosion and sediment controls outlined in the site's Stormwater Pollution Prevention Plan (SWPPP) shall also be implemented, or as directed by the city's NPDES inspector. 4. The Discharger shall be available with equipment and workers for emergency work at all times during the rainy season. Necessary materials shall be stockpiled at convenient locations on site to facilitate rapid construction and maintenance of temporary erosion and sediment controls. Temporary erosion and sediment controls shall consist of, but not be limited to, constructing facilities and taking measures necessary to prevent, reduce, control, and abate damage due to water, mud, and debris resulting from erosion and sediment transport/deposition to public and private property from construction activities of this project. 5. Clearing shall be limited to areas that will receive immediate grading. A combination of erosion and sediment controls shall be implemented in areas that have been cleared. These measures may include, but shall not be limited to: seeding, mulching, blankets, mats, desilting basins, graded berms, sand and/or gravel bags, fiber rolls, filter cloth, silt fences, check dams, chevrons, drainage inlet protection, etc. Care shall be exercised to preserve vegetation beyond the grading limits. 6. All erosion and sediment controls shall be implemented and maintained (i.e. inspected, restored, repaired, or modified) on a continual basis throughout the site during construction activities to protect downgrade perimeters, adjacent properties, environmentally sensitive areas, watercourses, curbs, gutters, streets, drainage inlets, and other private and public stormwater conveyance systems. 7. All removable erosion controls, such as blankets and mats, shown on this plan, and outlined in the SWPPP (if applicable), shall be in place at the end of each working day throughout the rainy season. Similar control devices shall be implemented during the dry season, as applicable, to mitigate dust from wind erosion. 8. During the non -rainy season, sediment controls, such as curb and gutter chevrons, drainage inlet protection, sediment tracking controls, etc., shall be implemented. In addition, any non- stormwater discharges associated with construction -related activities must be prevented from reaching streets, curbs, gutters, and all other stonnwater conveyance systems. Routine street cleaning shall be performed by dry methods only (i.e. street sweeping). If street washing is required, appropriate Best Management Practices (BMPs) shall be installed to directly address the washwater, or as directed by the city's NPDES inspector. 9. All construction entrances shall be stabilized (i.e. gravel, shaker plates, etc.) year-round to prevent mud, sediment, and dust from being tracked out of the site by vehicular traffic. 1 of 2 R:U andDevW PDES%2003EmsionContmINotes Revised 02/24/200A 10. All silt and debris shall be removed from check dams, silt fences, desilting basins, curbs, gutters, streets, brow ditches, terrace drains, and other private and public stormwater conveyance systems prior to and after each rainstorm. Drainage inlets shall be protected to prevent sediment and debris from entering downstream stormwater conveyance systems. 11. The Discharger shall conduct operations in such a manner that stormwater runoff will be contained on site through desilting basins, earth berms, etc., or filtered through a series of BMPs, such as sand/gravel bags, silt fence, fiber rolls, filter cloth, etc., to the stormdrain system. 12. The Discharger shall be responsible and shall take necessary precautions to prevent public trespass onto areas where impounded water, due to erosion and sediment control devices, creates a hazardous condition. Conformance with the requirements of this plan shall in no way relieve the Discharger from his responsibilities to this site and protecting adjacent properties. 13. Temporary or permanent desilting basins are to be constructed, if applicable, prior to grading operations and shall have a means for dewatering to prevent overfilling between storm events. 14. Stormwater runoff from graded areas shall not be carried over graded slopes. Temporary erosion and sediment controls are required on all manufactured slopes until 70% vegetative cover has been established or as determined by the city's NPDES inspector. Slopes must have erosion and sediment controls in place prior to October 1. Slopes constructed after October 1st shall have erosion and sediment controls as the construction of slope progresses. All graded slopes 3' or more in height shall include, but not be limited to, seeding, mulching, soil stabilizers, soil binders, vegetation, or have erosion control blankets, such as straw, coconut, straw/coconut composite, polypropylene mats, or other acceptable materials installed. Jute netting shall not be used as a stand-alone erosion control. In addition, sediment controls shall be placed at the toe of the slope and in increments of 10 feet measured vertically on the face of slope for grades of 3:1 and greater. 15. Paved streets, sidewalks, and other improvements shall be maintained free of loose soil, construction -related materials, debris, and waste at all times. Material storage and waste handling areas shall be established. Appropriate secondary containment shall be implemented for materials having a potential for spills or leaks. Concrete wash -out pits shall be constructed, if applicable, and shall be located away from streets and sidewalk right-of-ways. 16. Emergency accesses shall be maintained at all times (including access to neighboring properties). 17. No obstruction or disturbance, other than filtering BMPs, shall occur to any existing public, or private, stormwater conveyance system during the rainy season, unless adequate temporary/permanent drainage facilities have been approved and installed to carry surface water to the nearest practical stormdrain or natural water course. 18. Fill areas shall have erosion and sediment controls implemented while being brought up to grade to eliminate, reduce, and control erosion and the siltation of downstream facilities and adjacent areas during construction phases. These measures may include, but are not limited to, temporary downdrains, either in the form of pipes or paved ditches with protected outfall areas; earth berms at the top of slopes to address surface runoff; erosion control blankets; seeding or mulching; confined ponding areas to desilt runoff; temporary check dams and fiber rolls to filter runoff; sand/gravel bag protection around inlets; and appropriate grading to direct drainage away from the edge of the top of slopes shall be constructed and maintained on those fill areas where earthwork operations are not in progress. 19. The Department of Public Works' approval of this plan does not relieve the Discharger from his/her responsibilities for the correction of errors and omissions discovered during construction. Upon request, the required plan revisions shall be promptly submitted to the Department of Public Works for approval. 20. The Department of Public Works reserves the right to make changes or modifications to this plan as deemed necessary. 2 of R:1LandDevW PDES�2003E`osionControiNotes Revised 02/2412004% APPENDIX F Standard Grading Notes CITY OF TEMECULA PUBLIC WORKS DEPARTMENT GRADING NOTES For Mass, Rough, and Precise Grading Plans 1. All grading and related activities shall conform to the 1998 California Building Code, Appendix Chapter 33, as amended by Ordinance 99-23, and if applicable, to the State Water Resources Control Board NPDES General Permit for Construction Activities. 2. Building pad and drainage swale slopes shall be a minimum of 1%. Drainage swales shall be a minimum of 0.2' deep and be constructed a minimum of 2' away from the top of graded slopes. Finish grade shall slope away from all exterior walls at not less than %" per foot for a minimum of 3 feet. 3. Maximum cut and fill slopes shall be 2:1. 4. Provide, as applicable, concrete brow ditches designed to convey 100-year storm flows, or provide graded berms, along the top of all graded slopes over 3' in vertical height or that are adjacent to graded areas to direct surface runoff away from the top of slopes. 5. All grading shall be done under the supervision of a Registered Civil Engineer, Soil Engineer, or Engineering Geologist who shall certify that all fills have been properly placed and who shall submit a final compaction report for all fills over 1' deep. 6. A Registered Civil Engineer shall submit to the City of Temecula's Public Works Department a written certification of completion of rough grading in accordance with the approved grading plan prior to issuance of the building permit. Certification shall be to line, grade, elevation and location of cut / fill slopes. 7. Final compaction report will be required for all fills greater than one foot. 8. All grading shall be done in conformance with recommendations of the preliminary soils investigation by dated . Two sets of the final compaction report shall be submitted to the Public Works Department which shall include foundation design recommendations and certification that grading has been done in conformance with the recommendations of the preliminary soils report. 9. The contractor shall notify the Public Works Department at least 48 hours in advance requesting finish lot grade and drainage inspection. This inspection must be approved prior to building permit clearance for each lot. Public Works Department Phone: (909) 694-6411 10. Cut and fill slopes shall be protected with a combination of erosion and sediment controls to protect the slope from erosion and instability during the grading phase. 11. Post -grading activities shall include, but not be limited to, installing, where applicable, groundcover, trees, shrubs, or a combination thereof in accordance with City codes prior to the approval of final inspection. Slopes over 4' in vertical height shall have permanent irrigation systems with backflow prevention devices per the U.P.C. Revised 02/24/2004 C1Do uments and SetgngsSeryl.Yasinosky%Lo 1 SettingsWemporary Internet F11es\0LK78\2003 Grading Notes.dm 12. Fill material shall not be placed on existing ground until the ground has been cleared of weeds, debris, topsoil, and other deleterious material. If steep sloping terrain occurs upon which fill is to be placed, the terrain must be cleared, keyed, and benched into firm natural soil for full support. A Registered Civil Engineer, Soil Engineer, or Engineering Geologist shall approve placement of fill. 13. Temporary drainage shall be provided until permanent drainage structures are installed. Protective measures shall be implemented to protect adjoining and downstream properties from silt deposition and ponding water during grading operations. 14. Dust shall be controlled by methods approved by the City Engineer. 15. Stability calculations with a factor -of -safety of at least one and five -tenths (1.5) shall be submitted to the Public Works Department by a Registered Civil Engineer, Soil Engineer, or Engineering Geologist for cut and fill slopes over 30' in vertical height. 16. A Registered Civil Engineer or Licensed Land Surveyor shall submit certification of building pad elevations. Where specific elevations are required, the elevation (with respect to mean sea level) shall be given. If an elevation with respect to adjacent ground surface is required, the actual distance above the adjacent ground shall be given. 17. EROSION AND SEDIMENT CONTROL: The permittee shall abide by all of the requirements outlined in the City of Temecula Erosion and Sediment Control standard notes throughout the duration of the project, including adherence to the State NPDES Permit for Construction Activities, if applicable. 18. Existing drainage courses shall continue to function during the rainy season. No obstruction of flood plains or natural water courses shall be permitted. 19. All property corners shall be clearly delineated in the field prior to commencement of any construction/grading. 20. The permittee must obtain an encroachment permit prior to any work within a public right-of-way. 21. Approval of these plans by the City or its agents does not relieve the applicant and his engineer from the responsibility for the correction of errors or omissions discovered during construction. Upon request, the appropriate plan revisions shall be promptly submitted to the City Engineer for review and approval. 22. The issuance of this permit by the City of Temecula does not imply or provide any clearances from state or federal agencies regulating the provisions of state or federal endangered species acts or water quality regulations. The Contractor/Owner/Developer is responsible for obtaining the appropriate clearances from these agencies prior to any site disturbances or grading. Revised 02/2412004 C:Vocuments and SetgngsOery.YasinoskykLocal Settingffemporary Internet Files\OLKTB12003 Grading Notes.doc APPENDIX G Agreement to Obtain Grading Permit for Lots on Dirt Roads Affecting Real Property RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: Senn W. JOaes, CMC City Clerk CrrT OF TEMECULA P.O. Boa M033 43200 Business Park Drive Temecula, California 92589-9033 EXEMPT FROM RECORDER'S FEES PURSUANT TO GOVERNMENT COD SECTIONS 6103 AND 27383 Sum above this line for Recorders Use AGREEMENT TO OBTAIN GRADING PERMIT FOR LOTS ON DIRT ROADS AFFECTING REAL PROPERTY THIS AGREEMENT is made and entered into as of , 20_, between the CITY OF TEMECULA, a municipal corporation, hereinafter referred to as "City" and hereinafter referred to as "Owner." In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: Section 1. RECITALS. This Agreement is made and entered into with respect to the following facts, which are acknowledged as true and correct by the parties hereto: a. Developer is the owner of real property (the "Property") located at Temecula, California, which is more particularly described on Exhibit A, Legal Description, attached hereto and incorporated herein as though set forth in full ("Property"). b. Owner is desirous of obtaining approval of a Grading from the City to grade a located at C. The General Plan along with City Improvement Standard Drawings classify streets and provide for construction standards, respectively that affect those streets dedicated to the City in the general area of Property. d. The City has determined that habitable structures having access from dirt roads present a clear threat to the public health and safety due to a lack of reliable and or timely access by emergency vehicles. In addition, California Fire Code section 903 requires " All Weather Access" be provided prior to construction of any structure. Allowing people to build individual dwelling units without making the road improvements as required of subdivision tracts continues to exacerbate this potentially life threatening problem. Once structures are built on these dirt roads, residents are typically hesitant to contribute to paved street improvements citing that they were allowed to build, but not understanding that it is not the City's responsibility to make the road improvements to enhance their property. 1 REVISED: 11.3-2003 R.V.ANDDEVT0RMMGREEMENTS43raft Pemdt for Lou m Dirt Roads.doc e. Owner warrants and represents that it is the sole owner of the Property and that no other person or persons hold any legal or equitable interests in the Property, including deeds of trust or liens. Section 2. AGREEMENT TO ISSUE GRADING PERMIT. As a condition of issuing a grading permit the applicant agrees to sign an Agreement to Participate in Assessment District Affecting Real Property for the construction of and further agrees that a building permit will not be issued until such time that an all weather access road is constructed from the drive access serving the lot to an acceptable improved paved road. The design of the all weather access road shall be approved by the Director of Public Works/City Engineer and the Temecula Fire Prevention Bureau. The City Council may establish an assessment district, community facilities district, bridge and thoroughfare fee district, or a similar fair and appropriate financing mechanism that may include the construction of It some time in the future. The applicant agrees that the issuance of a grading permit does not obligate the City to construct the all weather access road or to establish an assessment district, community facilities district, bridge and thoroughfare fee district, or a similar fair and appropriate financing mechanism for the construction of Section 3. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the City and Owner. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to the Agreement shall be effective only if in writing and signed by all parties. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding. Section 4. TIMING. This Agreement shall be submitted prior to issuance of a grading permit. The Owner agrees he shall submit this completed, signed, and notarized agreement prior to obtaining a grading permit. Section 4. WAIVER Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof: Section 5. BINDING EFFECT. a. Of the covenants which have been established pursuant to this Agreement, the same shall be deemed to be covenants running with the land for the benefit of the City in carrying out its statutory responsibilities under California law and to enforce the provision of the Temecula General Plan. The covenants contained in this Agreement shall be binding for the benefit of the City and its successors and assigns, and such covenants shall run in favor of the City for the entire period during which such covenants shall be in force and effect, without regard to whether the City is or remains an owner of any land or interest therein to which such covenants relate. b. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. Section 6. ATTORNEY'S FEES. If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees, in addition to any other relief to which it may be entitled. Section 7. NOTICES. Any notices or other correspondence between the parties shall be sent to the following unless either party gives the other notice of a change of address: 2 REVISED: 11-3-2003 R:XLANDDEV%FORMSAGREFMENTS\Gndmg Pest for Lots on Dut Rmd&dw CITY OF TEMECULA Shawn D. Nelson, City Manager P.O. Box 9033 43200 Business Park Drive Temecula, California 92589-9033 a®" Notice shall be effective upon personal delivery, delivery by courier service or three business days following deposit in the United States Mail, postage prepaid, certified. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CITY OF TEMECULA Shawn D. Nelson, City Manager OWNER By Title 3 REVISED: 11-M003 R:1I.ANDDEIM0RMSUGREENfl TSGnd= Permit for Ind= Dirt Roadv.doc ALL-PURPOSE ACKNOWLEDGMENT State of California County of On 2003, before me, , personally appeared [ ] personally known to me -OR- [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SIGNATURE OF NOTARY CAPACITY CLAIMED BY SIGNER [ ] INDIVIDUALS) (] OFFICER(S) (TITLE[S]): [ ] PARTNER(S) [ ] ATTORNEY -IN -FACT [ ] TRUSTEE(S) [ ] SUBSCRIBING WITNESS [ ] GUARDIAN/CONSERVATOR [] OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies): ITEM 15 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 20, 2004 SUBJECT: Update SB 87 (Hollingsworth) PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council receive and file status update on SB 87 (Hollingsworth). BACKGROUND: At the request of the City Council, staff is providing the following periodic update on the status of SB 87 (Hollingsworth) with respect to the relinquishment of State Highway 79 North and 79 South. The Temecula City Council approved the amended language to the bill on March 23, 2004. As a result of this action, follow up letters were sent to the appropriate representatives on behalf of the City, demonstrating the strong support for this amended language. On April 5, 2004, Senator Hollingsworth's office notified us that they were working with the Legislative Counsel's Office on drafting the amendments. The first draft that was returned to the Senator's office did not reflect the agreed upon language. However, on April 7, 2004, the second draft was approved by the Legislative Counsel and further reviewed and accepted by our City Attorney. The agreed upon language for the bill included the following: (c)(1) The relinquishment agreement shall require that the operations and maintenance of the highways will be administered consistent with professional traffic engineering standards. (2) The relinquishment agreement shall require that appropriate traffic studies or analysis will be performed to substantiate decisions affecting the highways. (3) The relinquishment agreement shall allow for public notice and the consideration of public input on the proximate effects of any proposed decision on traffic flow, residences, or businesses, other than a decision on routine maintenance. On April 13, 2004, the Senator's office informed us that the amended bill will now be submitted to the committee so that the bill can be amended this week. Upon amendment of the bill it will be up to the committee chair to determine if a hearing will be required. Since the amendments were required to be changed by Legislative Counsel it was advised by the Senator's Office that it may be appropriate for the Mayor to send a new letter reflecting support for the bill upon its amendment. We will be preparing an updated letter of support for the Mayor's signature. FISCAL IMPACT: None ITEM 16 CITY ATTORNEY_ DIRECTOR OF FIN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Assistant to the City Manager DATE: April 20, 2004 SUBJECT: Resolution of Intention and Ordinance Amending PERS Contract PREPARED BY: Grant Yates, Assistant to the City Manager RECOMMENDATION: That the City Council adopt a resolution of intention entitled: RESOLUTION NO. 04- A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND THE CITY COUNCIL OF THE CITY OF TEMECULA. 2. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 04- AN ORDINANCE AMENDING THE CONTRACT BETWEEN THE BOARD OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEMS (PERS) AND THE CITY COUNCIL OF THE CITY OF TEMECULA. BACKGROUND: On May 28, 2002 the City Council approved a Memorandum of Understanding (MOU) and Management Compensation Plan that provided an increase level of retirement benefits to City employees. The attached Resolution of Intention and first reading of the Ordinance (see exhibit) is required to amend the City's PERS contract. FISCAL IMPACT: This contract amendment will increase the City's cost for retirement by 3.144% for the employer's portion and 1% for the employee's portion. This equates to a total cost of approximately $494,500 annually. Adequate funding for this increase will be included in the FY 2004-05 Operating Budget. \\San3\cily managerLLANIERDA\REPOR-RPERS STAFF REPORT -AMEND TO 2.5% @ 55 Goc ATTACHMENTS: 1. Certification of Employee Election 2. Certification of Compliance with Government Code Section 7507 3. Certification of Governing Body's Action \\San3�tym nager\LANIERDA\REPORT\PERS STAFF REPORT -AMEND TO 2.5%®55.tlac RESOLUTION NO. 04- A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND THE CITY COUNCIL OF THE CITY OF TEMECULA. WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject them selves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21354.4 (2.5% @ 55 Full formula) for local Miscellaneous members. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Temecula does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 20thday of April, 2004 Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk p:\forms\city clerk forms\sample resolution [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. 04_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 20th day of April, 2004 by the following vote: AYES: 0 COUNCILMEMBERS None NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susan W. Jones, CMC City Clerk pAforms\city clerk forms\sample resolution 2 Ca1PERS California Public Employees' Retirement System EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Temecula The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective December 1, 1990, and witnessed November 8, 1990, and as amended effective October 25, 1997 and August 24, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 10 are hereby stricken from said contract as executed effective August 24, 2002, and hereby replaced by the following paragraphs numbered 1 through 11 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age' shall mean age 55 for local miscellaneous members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after December 1, 1990 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. PLEASE DO NOT SIGN "EXH!1T C NILY 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. SAFETY EMPLOYEES. 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354.4 of said Retirement Law (2.5% at age 55 Full). 7. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20042 (One -Year Final Compensation). b. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). C. Section 21574 (Fourth Level of 1959 Survivor Benefits). d. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. 8. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. 9. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 10. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 11. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be eff?tive on the BOARD OF ADMINISTRATION' [�Z' PUBLIC EMPLOYEES' RETIREQT SYSTEM BY KENNETH W. MARZION, ACTUARIAL & EMPLOYE PUBLIC EMPLOYEES' RE �O Q 441 J AMENDMENT ER# 1522 PERS-CON-702A (Rev. 8102) CES DIVISION NT SYSTEM day of CITY COUNCIL CITY OF TEMECULA O BY PRESIDING OFFI <CI Witness Date !r Attest: t+� Clerk ORDINANCE 04- AN ORDINANCE AMENDING THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEMS (PERS) AND THE CITY COUNCIL OF THE CITY OF TEMECULA. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, that an amendment to the contract between the City Council of the City of Temecula and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. WHEREAS, the Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. WHEREAS, this ordinance shall take effect days after the date of its adoption, and prior to the expiration of days from the passage thereof shall be published at least _ in the , a newspaper of general circulation, published and circulated in the City of Temecula and thenceforth and thereafter the same shall be in full force and effect. PASSED, APPROVED AND ADOPTED this _th 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, do hereby certify that the foregoing Ordinance No. 04-_was dully introduced and placed upon its first reading at a regular meeting of the City Council on the th day of , 2004 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the th day of , 2004, by the following vote: AYES: 0 COUNCILMEMBERS:None NOES: 0 COUNCILMEMBERS:None ABSENT: 0 COUNCILMEMBERS:None Susan W. Jones, CMC City Clerk CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CalPERS (225-7377) CERTIFICATION OF EMPLOYEE ELECTION I hereby certify that the following employees of the City of Temecula have expressed their approval or disapproval of said agency's intention to amend its contract to provide Section 21354.4 (2.5% @ 55 Full formula) on the basis described in the Resolution of Intention adopted by said agency's governing body on April 20 , 2004 , in such manner as to permit each employee to separately and secretly express his choice and that the outcome of such election was as follows: Local Miscellaneous Members as defined in Govt. Code Section 20383 (Amendment) PERS-CON-15 (Rev. 9/03) Number of employees eligible to vote 170 Number of votes approving said participation Clerk or Secretary Date Number of votes disapproving said participation CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CalPERS (225-7377) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and/or the increase in retirement benefit(s) have been made public at a public meeting of the City Council (governing body) City of Temecula (public agency) of the on which is at least two weeks prior to the adoption of the (date) Resolution / Ordinance. Clerk/Secretary Title Date PERS-CON-12A (rev. 1 /96) CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CalPERS (225-7377) CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the City Council ofthe (governing body) City of Temecula (public agency) on (date) Clerk/Secretary Title PERS-CON-12 (rev. 1/96) DEPARTMENTAL REPORTS APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER %� CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim O'Grady, Assistant City Manager DATE: April 20, 2004 SUBJECT: Economic Development Monthly Departmental Report Prepared by: Gloria Wolnick, Marketing Coordinator The following are the recent highlights for the Economic Development Department for the month of March 2004. ECONOMIC DEVELOPMENT Leads & Inquiries In the month of March, the City received 8 leads consisting of a Salon/Spa, bank, call center, cabinet shop, dental office, possible hotel expansion and an excavation company from Seattle. The City received a film lead from Ocatillo Pictures in March to film police cars. The production is for an industrial communications video for presentation to the Department of Home Land Security and will promote a new public safety technology. In the month of March, the Southwest Riverside County Alliance responded to 5 leads. Three leads were direct contacts to the Alliance and two were referred to the Alliance from the EDC. Special Events/Groundbreakings Council and staff attended The State of the City on Thursday, March 25 at Pechanga Resort & Casino. Mayor Naggar's theme for this year is Temecula... Leading the Way. Mayor Nagger, Councilmembers and staff attended the park dedications for Pauba Ridge Park and La Sierra Park on March W. Staff attended the Farewell Reception for Teri Ooms, Inland Empire Economic Partnership President/C.E.O. on March 241h. Teri will be relocation to northeastern Pennsylvania and serve as executive director of the new Joint Urban Studies Center, a collaboratively funded organization that will mobilize the resources of local colleges and universities to support economic revitalization in Wilkes-Barre and other regional cities. Media/Outreach Materials Staff wrote the City article for the April Chamber of Commerce Newsletter titled, "Temecula... Leading the Way" State of the City Address 2004. The article provided highlights from Mayor Naggar's State of the City address which was held at Pechanga Resort and Casino on March 25'h. Meetings Staff attended The Partners in Education Committee Meeting on March Vt. Items covered included an update on vocational education at Great Oak High School, Career Day, Internship Committee, Youth in Government Program and Career Videos. The committee discussed sending a Partners in Education representative/teacher to the EDGE Century ClubNVESTEC Convention. Staff met with Larry Markham, Chris Paxton and Maureen Manion on March 3rd to discuss the Hillcrest School project on Santiago. Staff met with Kathi Allen on March 101h regarding a possible EDC/Alliance luncheon with speaker Mayor Ives, City of Redmond. The cities of Temecula and Redmond have many similarities in growth, business climate and quality of life. Redmond has lured major corporations and significantly reduced the number of commuters to Seattle. Staff will follow-up with the EDC. On March 4'h, staff attended the EDC Business Relations Committee Meeting. Harry Shank provided a follow-up report on Symbolic Embroidery. Company contact reports included: Innovative Engineering Solutions, MET/BET, American Industrial Manufacturing, Innovative Respiratory Consultants, and Johnson Machinery. Staff's report included an update on the Higher Education Center, theater construction groundbreaking, State of the City, meeting with the Employment Training Panel and Mayor's Lunch Meeting with business community leaders. Staff met with Suzanne Garden of The California Employment Training Panel on March 5'h regarding employment training. Staff attended the Murrieta Temecula Group Meeting on March 5'h. On March 10th, staff attended the Southwest California Partners Meeting. An update was provided on the Southwest California Destination Branding Campaign, California Open Golf Tournament, advertising, trade shows and the Taste of SWRC event (see attached activities report). Staff attended the EDC Board of Director's Meeting on March 18'h. Tim Skrove of MWD, provided a brief update on Lake Skinner and stated that they are looking at the long term management and alternatives for the County to reconsider for operating the lake. The Southwest Riverside County Manufacturers' Council and EDC are merging and will be completed by the EDC fiscal year. John Fili of Solid State Stamping and David Rosenthal will chair the Manufacturers' Council. Robert Lopez will make a presentation at the next EDC meeting on Power Issues and AB296. Discussed possible speakers for the upcoming EDC Quarterly Luncheon scheduled for April 27 at Bear Creek. Brine Line was discussed and Melody Nieman of Eastern Municipal Water District is researching available grant funding and stated that EMWD will be meeting with Temecula and Murrieta to discuss. Lake Elsinore reported that they have a brine line in place and since they have not established a fee it is not being utilized. The EDC May meeting will be held at 9:30 am at March Airforce Base. The EDC will take a position on SB744 — Dunn/Hollingsworth Bill. Staff reported on: SB87, distributed petitions for The Initiative for Local Taxpayers and Public Safety Protection Act, State of the City, City Demographics — Quick Facts, Old Town Community Theater Groundbreaking, and Old Town Bluegrass Festival. Staff attended the Government Action Committee Meeting on March 22nd at the Mumeta Police Station. Highlights of the meeting include: Dave Williams with League of California C=MGR\W0LNICKGWUG=00DEPf.Un.D0C Cities gave a brief presentation of The Initiative for Local Taxpayers and Public Safety Protection Act. SB744 — Sen. Hollingsworth co-author 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. The committee will contact the California Chamber to get more information from them and will distribute the information to members. This has passed the Senate and is sitting in assembly. Doug McAllister will be meeting with Hollingsworth. Shaun Lumachi, VP of Governmental Affairs, Long Beach Chamber of Commerce, gave a presentation on how their GAC was put together and provided the group with a roadmap on how to be more effective in tracking legislation and become a more aggressive GAC. They have the only local legislation advocacy website in the nation: www.longbeachadvocacy.biz. Bob Lopez provided an update on AB 2006 — "Reliable Electric Service Act of 2004". AB 2006 will stimulate immediate investment in power plants by bringing an end to regulatory uncertainty in CA and enact a clear energy policy into state law to govern our system of electric service. This will protect families and small business and will be cost effective. Cities are encouraged to support the name change of French Valley Airport to Southwest CA Airport. The City of Murrieta has already done so and is looking for others to support this. Workers' Comp Reform Initiative Petitions are now available. California employers, businesses and chambers can take a decisive step in the battle to solve the workers' compensation crisis by circulating newly available petitions for the workers' compensation initiative supported by the California Chamber of Commerce. The Murrieta Chamber urged cities to get behind SB 1486 — CA Environmental Quality Act, authored by Senator Hollingsworth. This is the type of bill the GAC committee will track. Information on SB 1750, which focuses on looking at state's surplus properties, was distributed from Senator Jim Battin's office. SB 1803 is legislation authored by Senator Battin that would effectively end the practice of preferential treatment for child molesters whose victim is a member of their own family. Staff provided an update on SB 87. Staff met with John Hickman of NewMark Merrill Companies, the new owner of Tower Plaza, on March 3rd to learn of their plans for revitalizing the center. Staff suggested that they contact The Temecula Arts Council on possibly working on special events together. Staff attended the 1-15 Interregional Partnership Policy Committee and Technical Working Group Meeting on March 26'h at Escondido City Hall. Staff made a presentation on the Temecula Higher Education Complex to Corinthian College in Irvine on March 11'h. Several other presentations are scheduled within the next month with Cal State San Marcos and UC Riverside. On March 16th, the Council approved the Environmental Impact Report & Disposition & Development Agreement for the Temecula Higher Education Complex. Mayor Naggar and staff met with employment leaders on March 22"d. The Mayor's lunch meetings with the business community have proven to be an effective way to respond to issues of concerns from business leaders. It provides an opportunity for the Mayor and staff to learn more about the workings of a particular business industry and know what is occurring with that industry. Also, the meetings enables City officials and staff to sit down with business leaders to discuss a number of important issues and developments including the explanation of the City's Capital Improvement Program as well as plans for the city's future. This meeting included representatives of Channell Commercial, Steris Isomedix, Chemicon, FFF Enterprises, and Scotts. Staff provided follow-up information regarding traffic volumes/times to FFF to assist them in planning shift schedules. On March 23rd, staff met with representatives of Guidant, Toyota, and Norm Reeves to discuss the status of Motor Car Parkway and future steps needed to move the project forward. In March, staff spoke to a group of retired military officers on what is going on in Temecula. The Economic Development Subcommittee met with staff on March 30th to discuss the Economic Development funding requests for FY2004-05. This meeting was noticed. A summary of the Subcommittee's recommendations are listed below and they will be included in the recommended budget: Economic Development Corporation of Southwest Riverside County - $22,500 Temecula Valley Chamber of Commerce & Tourism - $148,000 Southwest California Economic Alliance - $75,000 Temecula Valley Balloon & Wine Festival - $35,000 2005 Temecula Valley International Film & Music Festival - $30,000 subject to success of 2004 event Arts in the Country Festival - $10,000 plus TCSD staff support Student Film Festival - $10,000 Fall Concert on the Green - $12,000 plus city support costs Race for the Cure - $25,000 Community Support Funding & city support costs Temecula International Jazz Festival - $10,000 for 2004 event and $10,000 for 2005 event subject to success of 2004 event Good Old Days Car Show — city support costs provided upon approval of recap & financials of 2004 event Tractor Race — city support costs if event held within City Temecula On Stage — city support costs Rubber Ducky Derby — support costs placeholder FY'04205 event Councilmembers Roberts and Stone and staff met with the Temecula Valley Winegrowers Association Board of Directors on March 31s` at Thornton Winery. Topics covered included: wine country beautification project, Temecula Jazz Festival, ABC License Vintner Information Packet, Regional Park (French Valley Area), Anza Road, Callaway & Bell Ranch Property and an update on CityNVinegrowers marketing efforts. Staff will be providing the Association with restaurant contact information so that they can contact appropriate restaurants to encourage them to serve Temecula wines. TOURISM Special Events Staff departments met on March g'h to review the special events occurring within the City of Temecula. Events will be placed on the City's master calendar on its website. This will assist staff in the scheduling of other events. Trade Show Staff prepared for the California Travel Market which will be held on April 22 & 23 at the Disney's Grand Californian Hotel in Anaheim, California. CaITIA's California Travel Market (CTM) provides members with access to the top international buyers of California's travel and tourism products and services. This educational conference and appointment trade show format allows California travel industry providers an opportunity to meet the buyers and showcase expanded tour programs, new products, and destinations. The City will participate with the Inland Empire Tourism Council at the show. Media/ Outreach Materials 2004 Spring/Summer Anaheim & Orange County Convention Services Directory has been published. The Winegrowers Association and City produced a co-op ad. The directory is designed and used as the yellow pages for the hospitality and visitor industry. 6,000 are distributed to meeting planners & hotel & convention services departments. (see attached) Staff published the Temecula Quarterly Calendar of Events and sent it out to over 700 travel media professionals and publications. Staff provided Leona Reed, California Travel & Tourism Commission, with information highlighting places and activities for honeymooners to enjoy. The CTTC is working on a press release detailing unique honeymoon destinations in California. City advertised in the March/April 2004 issue of AAA's Westways Magazine. The City continues to get a great response from advertising in this well noted travel publication. (see attached) Meetinas Staff attended the Inland Empire Tourism Council's (IETC) Tourism Summit on March 0 at the San Bernardino Hilton. The purpose of the lunch meeting was to provide an interactive brain storming session with tourism leaders in San Bernardino & Riverside Counties. The IETC Board of Director's will meet in April to discuss the future direction of the organization. ATTACHMENTS Temecula Valley Chamber of Commerce Activities Report Economic Development Corporation of Southwest Riverside County Activities Report Southwest California Economic Alliance Activities Report Advertising/Media Coverage AI VJ.M"WIN KJ(N:CnR11-19MWI907 1C,*IA Mq WN ITT V ERN CALIFORNIA'S LIFESTYLE MAGAZINE Swamped on Kaua'110 Chasing adventure in Hawaii t -- -J 0 �! 5 '`Tune U�p (blur � J • DrM Sim -051 Saddling Upl in . . Santa Clari6 AAA a .,..ir_ _ i'�/. ✓:tee.. .te � , aaa.com �`�" °°°`� Cheap Eats , - ' us nose! Take a look atwo Temecula Wine Country �� NS Fo- a Beat pk QO J mrse Balloons gf[ S ��V m�f ncc Package. mIY n('a'�E Or OJPTIC, Pho ell [e- ee d,rs 1800 548 9912 sun seb Ions com r u�L�, 1Qd jW L J I Inn tt GM1uravY ery+ Show Your Auto Club Membership Card and save at participating locations highlighted in this issue, or at aaa.com ,l 4 ;. ., r 1r Dal: �fwH JLii N _ _ f, Y 9. d AOrl's 1: IAHEIM ange County I I , 1► . Si ` -- lei rl� � _1 _ r 6 .F 1 r I'T'S SQCAI I F ORN I A r/w� " R T / E B O R 7 ANAHEIM/ORANGE COUNTY VISITOR & CONVENTION BUREAU vvww.anaheimo(,or5 5prily5vrnrnev 200,(- �'. -, CONVENTION SERVICES DIRECTORY Discover Temecula, Southwest California's premier tourist destination. A perfect venue for your next meeting or event. We specialize in successful meetings, banquets 91 NORTH® ms.Ercauo 91 and special events for corporations and associations. ANAHEM Convention, conference and meeting facilities are 1, 55 available through a variety of properties large and small. Flom Orange \ A Temecula offers 19 award -winning wineries open year county TEMEcuu round, transportation and tours, spectacular gift shops Take Hwy 91 east to 1-15 south, \ and unlimited shopping, tantalizing restaurants, relaxing one hour. TEMECULA, spas, championship year-round entertainment, hotels, inns, villa's and B&B's. We're ready to make your visit a special one. Come experience Temecula's warm hospitality. City of Temecula 1-866-676-5090 909-506-5100 www.cityoftemecula.org TemeculaValley Winegrowers Association 1-800-801-WINE www.temeculawines.org SOUTHWEST CALIFORNIA TEMECULA VALLEY CHAMBER OF COMMERCE April 8, 2004 Shawn Nelson, City Manager City of Temecula 43200 Business Park Drive Temecula, CA 92590 Dear Shawn, Attached please find the March Monthly Activity Report as per our contract with the City of Temecula. This is the month of March at a glance: Business Inquiry Highlights: In the month of March, 9 businesses requested information on starting or relocating their business to Temecula. They received a business packet, which includes a copy of the City of Temecula demographics, relocation, housing, rentals, maps, organizations, etc. Board of Directors Highlights: Members from both the Temecula and Murrieta Chambers will be attending the Volunteer Leadership Conference and Legislative Summit in May. Meetings have been scheduled with our legislative representatives. Committee Highlights: The Chamber has been working with UC Riverside to create a Leadership Program for the region. The goal of the leadership program will be designed to offer instruction in developing the next generation of leaders. Participants may include those considering future participation in the school board, city government and leadership positions in organizations as well as business. The committee is currently securing instructors for the program and will meet again this week for follow-up. Tourism & Visitors Council (TVCVB): The March Tourism Council Meeting was held on March 41h, 2004 with 65 tourism -based businesses represented at the Castle Bed & Breakfast. A ribbon cutting for De -Vine Helicopter Tours also took place on location where one of their helicopters landed. On March 8`h, 2004 Thomas hosted the monthly San Diego Visitors Center Network Group Meeting at Churon Inn & Winery. The Temecula Valley Chamber was invited to participate in this monthly meeting with this group back in 1998 when the Super Bowl was scheduled for San Diego. This committee has become extremely beneficial to Carrie Thomas, Chamber Tourism Director & TVCVB Deputy Director, who has gained a wealth of information in the formation of a CVB. The official unveiling of the TVCVB at TCI on March 11th, 2004 was a huge success with over 250 individuals in attendance. Sponsors of the event: Temecula Creek Inn, Friendship Transportation, Hi-Tek Dynamics, & the Temecula Valley Wine Growers Association. Thomas placed a full -page advertisement in Inland Empire Magazine for May's Issue. Thomas organized and hosted a travel writer from the San Diego Union Tribune who wanted to write a full article on Temecula after hearing about the new Convention & Visitors Bureau. The new Temecula Valley Convention & Visitors Bureau (TVCVB) was featured on a front page article in The Californian Newspaper March 10, 2004 and articles in The Press Enterprise and The Californian Newspaper on March 12, 2004. On March 29, 2004 Thomas met with Shaw Kobre, President of In The Loop Golf, Inc. to review the California 26790 Ynez Court • Temecula, CA 92591 Phone: (909) 676-5099 • Fax: (909) 694-0201 www.temecula.org • e-mail: info@temeculo.org Golf Series featuring Temecula. Shooting for the 30 minute was shot back in January 2004. Final editing is currently taking place. The Temecula episode will be ready for release in a few weeks time. The 13 episode series will be shown on United Airlines for 3 years, the Travel Channel in 8 different languages, the Golf Channel in 6 different languages, and will be shown on over 13 other international channels. Bogey Magazine will be showcasing the series for an 18-month period. Each episode will receive a featured month. The remaining months will showcase all episodes together. The program has been so successful already that MasterCard is asked us to put together a California wine country and golf promotional piece to be inserted into their 330 million cardholder statements across Europe. The targeted countries will be UK, Germany, France, Italy, and Benelux. The top 20 European banks will be sending out 3-5 million per mailing. American Airlines is key sponsor of this new program addition. On March 31, 2004 Thomas sent out information to Cara Clinton with Successful Meetings Magazine in New York for the June Issue of the magazine. There will be a full page article on Temecula and the TVCVB. Interest for this article was created after hearing about the new TVCVB. Business Resource Guide & Membership Directory: The new Directory will be available early April 2004. 10,000 copies will be printed this year. Education Committee: Over 30 local employers have signed up to participate in the Youth Job Fair, which will be held on Saturday, April 171h at The Promenade in Temecula. Student Workshops are being held at both high school campuses and at the Promenade. The Education Committee is meeting to determine the method by which the student scholarships will be awarded. Special Events Committee: The 2004 State of the City Address took place March 251h. The event was great success with over 480 attendees. Mayor Naggar highlighted the accomplishments for 2003 and the goals for 2004. The 13th Annual Chamber Golf Classic will take place Friday, May 71h at Temecula Creek Inn. The tournament will begin at 11:30 a.m. with a shotgun start. The event is open to 216 golfers. Carriage Motor Company has agreed to be the event Title Sponsor along with our two Tee -Box Sponsors: Countrywide Home Loans, Inc and Pechanga Resort & Casino. Local Business Promotions Committee: The Committee is working diligently on the spring Shop Temecula First Campaign. The Committee will be promoting a year-round campaign with June and November rewards months. The Business Resource Subcommittee conducted a survey targeting the chamber membership to determine how many members have viewed the DVD, their responses and what topics would be valuable for a future DVD. The results of the survey are forthcoming. The businesses of the Month for April selected by the Local Business Promotions Committee are Money Solutions and Temecula Valley Smart Card. USA Lending Group was awarded the Chamber Spotlight and Hungry Hunter Steakhouse is the Mystery Shopper winner for the month of April. Government Action Committee: Good Morning Washington will be rescheduled, pending Issa's availability. Committee circulated petitions on Workers Compensation and Local Sales tax initiatives. The GAC met with a representative from the Greater Long Beach Chamber of Commerce to discuss their Legislative Action Committee. Membership Committee: The Chamber welcomed 30 new members who joined in March 2004. The Ambassadors and staff attended 15 ribbon cuttings. The Ambassador Networking Breakfast Business Spotlights: Inside Plant and Solutions by Laura. Southwest Community Bank hosted the March 17`h mixer. Tourism Highlights (Bulk brochure distributors) Activity Report: 141 Visitor Guide requests were processed from the City of Temecula's Westway's advertising marketing piece 210 Visitor Guides were distributed to Ken Westmyer with Holiday Inn Express to be given to guests. • 45 Visitor Guides, 45 Winery Brochures and 45 Tourism Maps were distributed to Jean Adams for a group staying at Tucalota Springs RV Resort. • 15 Visitor Guides were given to Cynthia Hatten for a family reunion. • 60 Visitor Guides, 60 Winery Brochures and 60 Tourism Maps were distributed to Tim Lewis with LCI Services for guests attending a Law Enforcement Seminar. • 23 Visitor Guides, 23 Winery Brochures and 23 Tourism Maps were distributed to Diane Anderson with Temecula Valley High School for Exchange Students and Teachers from France 35 Visitor Guides, 35 Winery Brochures and 35 Tourism Maps were distributed to Corinne Reed with WBCCI —Airstream for an RV Rally. 15 Visitor Guides, 15 Winery Brochures and 15 Tourism Maps were distributed to Pat Corrodi for visitors. 25 Visitor Guides and 25 Winery Brochures were distributed to Gary with Jojoba Hills SKP Park for guests at the park. • 25 Visitor Guides, 25 Winery Brochures and 25 Tourism Maps were distributed to Pat with Relocations West to be given to visitors. • 20 Visitor Guides were distributed to Fred Hamlyn with the Good Sam of Orange Club for members. • 25 Visitor Guides, 25 Winery Brochures and 25 Tourism Maps were distributed to Charles and Alice Wyman with Jojoba Hills SKP RV Resort for a Rally in April. • 25 Visitor Guides were distributed to Deb Munson from Irvine for Guests attending a party. 100 Visitor Guides, 100 Winery Brochures, 100 City Tri-Fold Brochures and 100 Tourism Maps were distributed to Linda Franklin with The Meeting Manager for Tourism Purposes. 35 Visitor Guides were distributed to Solange Sheppy with Ovation Jets for visitors. • 25 Visitor Guides and 25 Winery Brochures were distributed to Doedi Ford with Palm Springs Desert Resorts for visitors. • 50 Visitor Guides were distributed to David Eisenberg for a Bus Group coming to Temecula. • 125 Winery Brochures were distributed to Nadine Steddom with Embassy Suites Hotel/Temecula Valley Wine Country for guests. 20 Visitor Guides, 20 Winery Brochures and 20 Tourism Maps were distributed to Susan Puma for a family reunion. • 25 Visitor Guides, 25 Winery Brochures and 25 Tourism Maps were given to Joan with Jojoba Hills Resort for guests. • 50 Visitor Guides, 50 Winery Brochures and 50 Tourism Maps were given to Shari Beyerle for a family reunion. Activity Report: • Tourism calls for the month of March — 1,793 • Phone calls for the month of March — 3,488 • Walk-ins for the month of March — 2,608 • Web Page User Sessions for the month of March — 7,311 • Website Tourism Survey - " How did you hear about Temecula" - 312 responses were received: • Article — 3% • Friend - 34% • Link - 7% • Magazine - 2% • Other - 36% • Radio — 2% • Search — 11 % • TV — 5% Also, attached are the meeting minutes for the Tourism and Visitors Council, Education, Government Action, Local Business Promotions, Membership and Marketing and Special Events committee. If you have any questions regarding this information, please call me at (909) 676-5090 or email asullivan@temecula.org. Thank you. Sincerely, President/CEO cc: Mayor Mike Nagger Mayor Pro Tern Jeff Comerchero Councilman Jeff Stone Councilman Ron Roberts Councilman Chuck Washington Shawn Nelson, City Manager Jim O'Grady, Assistant City Manager Gary Thornhill, Deputy City Manager Gloria Wolnick, Marketing Coordinator TVCC Board of Directors Temecula Valley Chamber of Commerce Monthly Activity Report March 2004 Chamber Vis. Center Year -To -Date PHONE CALLS This Month This Month Total TOURISM Tourism Referrals 348 1,091 Calendar of Events 191 632 Special Events 170 588 General Information 1,084 3,534 TOTAL TOURISM CALLS 1,793 5,845 Relocation 267 795 Demographics 161 515 Chamber 988 2,876 Miscellaneous 279 549 TOTAL PHONE CALLS 3,488 10,580 WALK-INS Tourism 251 128 588 Calendar of Events 175 2 496 Special Events 95 21 251 General Information 831 44 2,160 Relocation 183 6 490 Demographics 156 - 416 Chamber 458 - 1,425 Miscellaneous 258 494 TOTAL WALK-INS 2,407 201 6,320 MAILINGS Tourism 275 1,329 Relocation 88 253 Demographics 78 234 TOTAL MAILINGS 441 1,816 E-MAIL Tourism 136 388 Relocation 124 349 Miscellaneous 491 1,569 TOTAL E-MAIL 751 2,306 WEB PAGE USER SESSIONS GRAND TOTALS PHONE CALLS WALK-INS MAILINGS E-MAIL WEB PAGE USER SESSIONS 7,311 This Month 3,488 2,407 441 751 7,311 21.510 Year -To -Date 10,580 6,320 1,816 2,306 21,510 Annual Volume Comparisons Chamber Chamber Percentage March 2003 March 2004 PHONE CALLS TOURISM Tourism Referrals 247 348 41% Calendar of Events 143 191 34% Special Events 161 170 6% General Information 1,100 1,084 -1% TOTAL TOURISM CALLS 1,651 1,793 9% Relocation 192 267 39% Demographics 112 161 44% Chamber 864 988 14% Miscellaneous 307 279 -9% TOTAL PHONE CALLS 3,126 3,488 12% WALK-INS Tourism 225 251 12% Calendar of Events 144 175 22% Special Events 80 95 19% General Information 872 831 -5% Relocation 160 183 14% Demographics 123 156 27% Chamber 593 458 -23% Miscellaneous 301 258 -14% Visitor Center Walk -Ins 361 201 -44% TOTAL WALK-INS 2,859 2,608 -9% MAILINGS Tourism 143 275 92% Relocation 81 88 9% Demographics 85 78 -8% TOTAL MAILINGS 309 441 43% E-MAIL Tourism 99 136 37% Relocation 73 124 70% Miscellaneous 194 491 153% TOTAL E-MAIL 366 751 105% WEBSITE USER SESSIONS 2,669 7,311 174% * Chamber referrals reflect faxes, walk-ins and phone calls J14(� TEMECULA VALLEY CHAMBER OF COMMERCE Tourism & Visitors Council Meeting Minutes Thursday, March 41h, 2004 @ 10:30 a.m. The Castle Bed & Breakfast Chairperson: Cherise Manning (present) Co -Chair: Kelly Daniels (present) Board Liaison: Rusty Manning (present) Bette Endersen (present) Michael Doblado (not present) Committee Present: Ginny Mulhern, Clifford Nunn, Penny Carter, Carol Hansen, Doug Lieber, Robin Varnet, Laurie L. Dimond, Tara Tankink, Bill Seltzer, Steve Mallory, Sheila Ryle, Kevin Fonseca, Noelle Spoon, David Spoon, Judi Brady, Jim Brady, Gail Bradley, Brenda Kemball, Donna Craig, Vangie Esteban, Jenelle Brinneman, Dan Brown, Amy Jansen, Dwayne Lewis, Darleen Henderson, Melody Brunsting, Jenifer Wilson, Rick snider, Melissa Landis, Dan McBee, Jack Konecni, Sherrie DiBernardo, Louie DiBernardo, Tanya Mattern, Valarie Skorvan, Solange Sheppy, Krista Chaich, Cheryl Rolph, Joy Sarolia, Emily Reyes, Sharon J. Goode, Dwayne Webster, Brookes Konig Staff Present: Alice Sullivan, Carrie Thomas, & Cora Saxarra Call to Order/Introductions Manning called the meeting to order at 10:45 a.m. Self Introductions were made around the group. Cherise introduce the Louie and Sherry DiBernardo, owners of the Castle Bed & Breakfast. Currently they have 4 unique themed rooms on the first floor of the house, large sitting area, wine cellar, industrial style kitchen and much, much more. All rooms include a jacuzzi spa for two. In the future they hope to add an additional 4 rooms on the second level of the house. One night stay rates range from $150-$200. The committee was able sampled the Castle's brunch items. Meeting Minutes Mulhern made a motion to approve the February 5th, 2004 Tourism & Visitors Council meeting minutes as written. Ryle seconded the motion, which carried. Temecula Valley Convention & Visitors Bureau • The last day to RSVP for the Official Unveiling of the TVCVB at TCI on March 11 `h, 2004 Event is March 1, 2004. Thank you to our sponsors of the event: Temecula Creek Inn, Friendship Transportation, Hi-Tek Dynamics, & the Temecula Valley Wine Growers Association. If a member didn't receive an invitation in the mail, please contact Carrie Thomas at the Chamber (909) 676-5090. If you are interested in being a volunteer at the event, please contact Carrie also. City Marketing Report No Report Tourism Destination Reports • Pechanga Resort & Casino —George Carlin with special guest Denis Blair on March 7`h Chicago will be performing on March 18 & 19, 2004. Lupillo Rivera will be on stage on March 261h, 2004. And Tony Bennett will be performing on April 4'h, 2004. For more information on any of these events please call (877)711-2WIN or go to www.pechanga.com. • Temecula Valley Winegrowers Association —No Report • Old Town Temecula —No Report Arts Council of Temecula Valley —15th Annual Visual Expressions Juried Art Show Applications are available now. Artists may enter as many as five works. Photos of artwork accompanied by a completed application and initial $25 entry fee. Art Show will be May 4- 30, 2004. For more information contact The Arts Council of Temecula Valley at 909.695.2787 or visit www.artsinthevalley.org. The "Painted Ponies" are everywhere! Tour Map are avaible inside the Chamber or you can download a map of the website. Youth Art Exhibition will be on March 23 - 25, 2 to 6 p.m. Community Recreation Center, Temecula; Free admission. A visual art exhibition featuring original works of art by kindergarten through twelfth grade students from Temecula and Murrieta public and private schools. • Balloon & Wine Festival — No Report • Temecula Valley International Film Festival — No Report • Temecula Valley Museum & Children Museum — No Report Member Updates • Thessalonika Family Services/Rancho Damacitas is presenting the Rubber Ducky Derby Race on June 12, 2004 at Lake Harveston. There will be 10,000 Rubber Ducks racing in the waterway. Sponsorship for the event is now available. All monies from the event will go towards Rancho Jireh Foster Homes, Rancho Damacitas, and the Rancho Campus helping out -of -home care and services for children who have been removed from their natural homes. For more information on this event please call Penny at (909) 302-2317 or go to www.thessalonika.org • Raging Waters will be having a FREE VIP DAY for all Chamber members on Friday, June 41h, 2004 from 11:00 a.m. to 4:00 p.m. The day will include a formal announcement of the newest attraction, "Dragon's Den", park tours, lunch, entertainment, beach attire fashion show and prizes. For more information please call Greg Johnson at (909) 802-2213. • Rusty Acres Herb Farm is having a Plant Sale on March 19-21 & 26-28 from 10:00 a.m. to 4:00 p.m. There will be 130 varieties on Heirloom Tomatoes, 56 varieties on Bell Peppers, 45 varieties on Hot Peppers, 15 varieties of eggplants, other vegetable, herb and lavender plants also. For directions to the farm or to see their calendar of events visit them on the web at www.rustyacres.com • South Coast Winery Resort & Spa villas will be open in April 2004. The April Tourism Council Meeting will be held outdoors on Thursday, April 1'`, 2004. • Scramble to Washington DC Golf Tournament at SCGA MEMBERS CLUB at 11:00 A.M. Tee -Off. Proceeds will help send the Chaparrel High School Platinum Sound Ensembles to represent California at the Memorial Day Parade and unveiling of the World War II Memorial in Washington DC. For Information call: (909) 699-7191. • Wilson Creek Winery Thursday Night Tapes - Go to Jamaica, wine, food and sand provided $35 per person. For more information contact Wilson Creek Winery at 909.699.9463 or visit www.wilsoncreekwinery.com • Grapeline Wine Country Shuttle Offers Spring Fling at the Wineries. Wine tasting via luxury shuttle, Caribbean feast at Wilson Creek Winery, Private Tour & Barrel Room tasting at Ponte Winery, Steel Drum band and more! $88 per person. For more information contact The Grapeline at 1-888-8- WINERY or visit www.gogrape.com • De -Vine Helicopter Tours is one of the Chamber's newest members. Their ribbon cutting will be immediately following this Tourism Council Meeting. If you are interested in having the helicopter land or take off from your business location please contact Matt Jahnke at de- vine(a)earthlink.net or call (909)654-5224. • The new Hampton Inn will be open in the end of April. They were awarded an architect design award from the City of Temecula. • Friendship Transportation will be offering shuttles to this year's Balloon & Wine Festival. There will be pick up locations in San Diego, Pechanga Resort & Casino, Old Town and Embassy Suites. There will be a voluntary $5 donation to ride the shuttle. All proceeds collected from Balloon & Wine Festival pick-ups will go to the new Temecula Valley Convention & Visitors Bureau. On Saturday, March 13`h 2004 Vail Lake Resort will be featuring "Comedy in the Bunker House" with a buffet style dinner in the Adobe Cellar. For more information on this event and other activities at Vail Lake Resort please call 866-824-5525 or 909-303-0173. The 8 h International Welburn Gourd Art Festival will be held on June 26`h & 27`h, 2004. For more information on this event please call, (760) 728-4271. TVCC Board Update Sullivan reported • The Roundtable Discussion will be Friday, March 5`h, 2004 at Pat & Oscar's. • Chamber Mixer on Wednesday, March 17th, 2004 from 5:30 p.m. — 7:30 p.m. at Southwest Community Bank. • The Ambassador Networking Breakfast will be at 7:30 a.m. on Wednesday, March 20, 2004 at Embassy Suites Hotel. • State of the City on Thursday, March 251h, 2004 at 7:30 a.m. at Pechanga Resort & Casino. • The Chamber has a new E-Commerce Newsletter. This has up to the minute news on events and activities that the Chamber is involved in. Please look for your E-Newsletter from the Chamber today. Next meeting Date: Thursday, April @ 11:30 a.m. Location: South Coast Winery Resort & Spa Lunch Hosted Bv: Dreamakers Custom Catering EDUCATION COMMITTEE MEETING MINUTES Temecula Valley Chamber of Commerce Conference Room Sponsored by Community Little Book Thursday, March 11, 2004 9:30 a.m. Chairperson: Donna Wilder Members Present: Tracy Hunter, Jimmy Moore, Danielle Clark, Aaron Adams, Cheryle Steddom, Alphonso Allen, Billie Blair, Thomas Stultz Board Liaison: Greg Morrison (Present) Staff Present: Laura Tumbow Approval of Minutes Moore made a motion to approve the February meeting minutes as written. Hunter seconded the motion, which carried. Career Education Video The video is being created in cooperation with Partners in Education. A video will be created for each of 22 career pathways. Dianne Sessions with the EDC is coordinating the speakers for the videos. If anyone is interested in participating as a speaker, please call Dianne. Stand Up For Our Community Clark reported that the posters are being distributed to each school. $650 is still needed to fund the remainder of the performance expense. Staff will discuss this issue with the Board. Youth Job Fair The Job Fair Committee met at The Promenade and visited mall tenants to encourage their participation in the Fair. Approximately 25 employers have signed up to participate to date. School Employee Reco nig tion Clark reported that the month of April is School Employee Recognition Month. Principals at each location will distribute the certificates they received during the month. Student of the Month March 22, 2004, 12 Noon at Sizzler. School and Colleges Update TVUSD — Clark reported that 800 people attended the Information Night event at Great Oak High School. The new high school will open in August. Partners in Education is coordinating a Youth in Government activity. Students will job shadow city staff and hold a mock city council meeting. The event will held on May 26 and 27. Career Day is scheduled for May 18 and 19. Contact Dianne Sessions if you are interested in acting as a speaker. MSJC — The College is currently in the process of drafting their General Plan for 2005 — 2010. Campus Project — Plans for a higher education campus on the north side of Temecula are being considered. Students would have the opportunity to receive a 4-year degree at this campus. Moore suggested including a lifelong learning plan in the curriculum. Clark suggested creating a subcommittee to gather information on requested curriculum for this project. Clark, Steddom and Moore will meet to discuss further. Partners in Education Meetings are held the first Monday of each month at the District office. Board Update • State of the City Address — March 25, 2004 at Pechanga Resort & Casino. • Chamber Mixer — March 17, 2004 at Southwest Community Bank. 5:30 - 7;30 p.m. • Chamber Golf Classic — Friday, May 7`h at Temecula Creek Inn. Sponsorships and golf reservations available. Meeting adjourned. Thank You! Next Education Committee Meeting is Thursday, April 8, 2004, 9:30 a.m. in the Temecula Valley Chamber of Commerce Conference Room Sponsored by Community Little Book Government Action Committee A Joint Committee of the Lake Elsinore, Murrieta and Temecula Chambers of Commerce Meeting Minutes Monday, March 22, 2004 Murrieta Chamber of Commerce Liaisons: Dr. Larry Francis Present: Roger Ziemer (Chairman), Gene Wunderlich (Co -Chair), Ralph Ferro, Bonnie Wright, Charlotte Fox, Jim Cauhape, Marlene Best, Jeff Greene, Ken Carlisle, Gloria Walnick, Norma Arias -Lee, Karen Wickert, Ken Nichols, David Graham, Peg Moore, Robert Lopez, Kelly Battin, Karen Johnson, Matthew Diaz Staff: Rex Oliver, Valerie Preston — Murrieta; Alice Sullivan, Laura Tumbow — Temecula I. Meeting was called to order by Ziemer at 12:05 pm. IL Self Introductions III. Approval of February 9, 2004 Meeting Minutes Minutes were approved IV. Ziemer advised bill SB744 has passed the Senate, at Assembly level. Waiting for California Chamber to give their recommendation before supporting or opposing. V. Dave Williams with League of California Cities asked for support of a petition circulating that would put on the November ballot "local taxes to stay local". Speeds the process of local services such as schools, fire and police departments to receive reimbursement in 180 days. 400,000 signatures have been received, 900,000 needed by April 16`" to endorse the initiative. Petitions were made available for signing. VI. Oliver introduced Sean Lumachi, Vice President of Governmental Affairs with the Long Beach Chamber. Lumachi stated the plan that was put into place to promote advocacy was a 4 step plan: 1. Develop the Committee Restructure the committee with a goal of 90% private business with the criteria of being a Chamber member -private or nonprofit organization. 2. Develop Priorities Establish priorities and action plans for each priority. 3. Promote the Priorities Develop a booklet Develop a Chamber Advocacy website. Each committee member to research a bill and funnel the information to the Chamber with recommendations to support or oppose. Committee members will write newspaper articles, letters to the editor and letters to legislators 4. Establish Presence Recruit, fund and endorse legislators. Become action focused. Communicate to members. Post voting records. Place adds in the newspapers. Select bills to track that are in line with Chamber goals. Q&A session with Lumachi and committee members. VII. Robert Lopez, Region Manager of Southern California Edison asked for support of Assembly bill AB2006 that will stimulate much needed investment into utilities. Protects residents and small business. Large Business will be able to shop for energy. Advised another potential energy crisis is on the horizon. VII. State Issues A. CA State Senator Hollingsworth - No report. CA State Senator Battin - Kelly Battin reported Senator Battin wants to end preferential leniency given to sexual predators who victimize family members. Riverside County Board of Supervisors approved the posting of registered sex -offenders on the county's website. Johnson described bill SB1752 Department of General Services Annual Surplus Property Bill and bill SB1758 Agency Reporting of Real and Personal Property. B. CA State Assemblyman Haynes - No report. C. CA State Assemblyman Benoit - No report. VI. Legislative Reports A. U.S. Congressional District 43, Calvert — No report. B. U.S. Congressional District 45, Mary Bono — Wright reported on bill HR3717 Country of Origin bill for fruits and vegetables. Bono involved with Dept. of Transportation to regulate trucks from Mexico when they are in the US. C. U.S. Congressional District 48, Issa—No report. VII. County Reports A. Riverside County Supervisor District 1 (Buster) - No report. B. Riveride County Supervisor District 3 (Venable) -No report. VIII. City Legislative Issues A. City of Lake Elsinore — No report. B. City of Murrieta — Wunderlich reported General Plan review meets the 2nd and 4`h Monday at 6pm at City Chambers. Ferro on behalf of McAllister asked for support of renaming the French Valley airport to South West California airport. Described bill SB1486 California Environmental Overpass Exemption. C. City of Temecula — Wolnick reported Hollingsworth will attend the next City Council meeting. IX. Chamber Reports A. Lake Elsinore - No report. B. Temecula - Sullivan reported State of the City will be held at Pechanga Resort & Casino on 3-25. Legislative Summit to take place on May 3-4 in Sacramento. C. Murrieta - Oliver reported Reverse Drawing took place on March 17. The Chamber Golf Tournament will be April 23, Business Expo will be on May 6, and Installation Dinner June 19. XIII. Other Business XIV. Meeting adjourned 1:30pm Next meeting is Monday, April 19, 2004 at 12:00 p.m. at the Murrieta Police Department Community Room, 24701 Jefferson Ave., Murrieta. TEMECULA VALLEY CHAMBER OF COMMERCE LOCAL BUSINESS PROMOTIONS COMMITTEE MEETING MINUTES March 17, 2004 8:00a.m. Mission Statement: Provide ongoing education to both merchants and the public to develop community awareness as it relates to local business and the economy. Committee Chair: Bert Baluyut Co -Chair: Kurt Peck Board Present: Greg Brown Members Present: Billy Banks, Kirby Bown, Carole Crocker, Lisa Fuess, Bob Hagel, Kathy Forbes, Amber Mamian, Mike Mamian Staff: Alice Sullivan Laura Tumbow Welcome & Introductions Approval of Minutes Bown made a motion to approve the February 18, 2004 meeting minutes as written and Crocker seconded the motion. Shop Temecula First The Shop Temecula First Sub -Committee will be meeting today after the Local Business Promotions Committee. The Committee would like to start promoting the spring campaign in April. Adelphia is bringing forward a proposal today. Mystery Shopper Baluyut explained the program and the recognition each winner receives courtesy of The Californian and DHL Business Solutions. The March winner is RKR Media Associates and April is Hungry Hunter Steakhouse. Business of the Month Baluyut explained the program and announced the Business of the month winners for the program sponsored by KMYT/My 94.5 Radio Station. The Local Business Promotions Committee will decide the Business of the month winner for April and the Membership Committee will decide for the month of May. The Special Events Committee decided the March winners who were Conveyor Group and Creative Industries Media Group. Chamber Spotlight Baluyut described the Chamber Spotlight and the recognition that new member companies receive courtesy of FROGGY. The Chamber Spotlight business for March is Real Estate Express Services and for April is USA Lending Group. Business Resource Program The Committee met on March 16`h to develop questions for the Zoomerang Survey which will be e- mailed to the Chamber Members in April. The Business Women's Network has been offering the DVD for viewing by it's members. Board Update Brown gave an update on the following: • Mixer, Wednesday, March 17, 2004 at Southwest Community Bank • Good Morning Washington will be rescheduled • State of the City will take place March 25°i at Pechanga Resort & Casino • 13°i Annual Golf Classic will be held May 7"' at Temecula Creek Inn. Adjourned NEXT MEETING: April 21, 2004 at 8:00a.m. in the Chamber Conference Room Sponsored by Community Little Book Temecula Valley Chamber of Commerce Membership and Marketing Meeting Minutes Wednesday, March 10, 2004 8:00 a.m. — 9:00 a.m. Chamber Conference Room Sponsored by Community Little Book Mission Statement: Develop programs to maintain and build a membership commensurate with the growth of the Temecula business community and simultaneous growth of the Chamber. Serve as goodwill representatives and strive to enhance the value of membership encouraging ongoing dialogue between members. Committee Chair: Timmy Daniels Board Liaisons: Stan Harter Co -Chair: Judy Zulfiqar Committee Present: Eltha Banks, Carole Crocker, Kirby Bown, Theresa Lim, John Hess, Bob Hegel, LaVonna Lacy, David Bush, Jann Gentry, Stan Harter, Mike Costaglio, Bob Bryant, Bill Seltzer, Timmy Daniels and Judy Zulfiqar New Member Present: Cynthia Palmer, Dan Brunell and Robert Livingston Board Liaisons Present: Stan Harter Staff Present: Cora Saxarra, Shirley Eilek Minutes Committee chair Timmy Daniels called the meeting to order at 8:05 a.m. The minutes of the previous meeting were reviewed and motioned for approval by Carole Crocker and seconded by Kirby Bown; which carried. Membership Report The committee reviewed the Membership packet. Currently there are 1,426 members (reflects 30 new members, renewals, 19 drops) Zulfiqar thank all the ambassadors who participated at the New Members Reception. Committee suggested re -organizing the business card and flyers display for easy access. A sub -committee headed by Seltzer will be calling and welcoming new members. Daniels encouraged the ambassadors to turn in the ambassador point sheet at month end. Ambassadors are encouraged to call the chamber first before going to ribbon cutting to make sure there is no cancellation. Roundtable: Roundtable Discussion: Friday, March a 11:00 a.m. to 1:00 p.m. Pat & Oscar's in Temecula Topic: Marketing Strategies for 2004 Part II John Roberts and staff (Clear Channel) Theresa Diciolla & Jeremiah Baxter (Kfrog 92.9) and Eric Dudley (Adelphia) all participated, gave suggestions and answer questions during the Roundtable Discussion. Minutes of the meeting available at the chamber. Winner of the book of the month Morton Grabel/Law Office of Morton Grabel. Mixer: Southwest Community Bank will host the March 17" chamber mixer. Co -hosted by Vince's Spaghetti, Pat & Oscar's, Red brick Pizza, Tastefully Simple, Yellow Book USA and no host wine bar by Wilson Creek Winery & Vineyards. Ambassador Networking Breakfast Wednesday, Mach 24i° 7:30 — 9:00 a.m. Embassy Suites Hotel Temecula Valley Wine Country. Murrieta Day Spa and South Coast Winery & Resort were the two -business spotlight for the month of March. Meeting adjourned: Next Meeting Date: Wednesday, April 14, 2004 at 8:OOam Chamber Boardroom Temecula Valley Chamber of Commerce Special Events Committee Meeting Minutes March 16, 2004 Chairperson: Jennifer Jones Co -Chair: Melodee Leavitt Board Liaisons: Bette Endresen, Joan Tussing Members Present: Jennifer Jones, Rose Kamppila, Melodee Leavitt, Herbert Carter, Bert Baluyut, Eric sitting in for Pat Whitney Board Present: Bette Endresen Staff Present: Jennifer Malek, Melissa Hayer and Michelle Eilek Approval of Minutes Endresen made a motion to approve the February 17th meeting minutes as written. Jones seconded the motion, which carried. Installation Staff announced that special events had exceeded budget because it had all sponsors and extra reservations. State of the City There are currently 286 reservations for State of the City and the event will need four or five more tables to fit attendees. Endresen suggested that membership bring invitations to the March mixer and inform the new members. The committee agreed upon setting up at Pechanga at 6:30am. Economic Outlook Conference The event is scheduled for June 29, 2004 at Temecula Creek hin at 7:30am. Affiliate sponsors are still needed and we are looking at Manpower to take the speaker sponsorship for $1250 and also have the opportunity to introduce Dr. Abidi. Also, we are waiting on a proof of the invitation. Chamber Golf Classic Save the Date! Postcards were mailed out to all chamber members. (3) Eagle and (3) Birdie Sponsorships have been secured. Stadium Pizza unfortunately cannot supply lunches this year so lunchbox sponsorship is still needed and the event committee is willing to let two businesses split the sponsorship. Budweiser is confirmed for donating the beer for the event. Staff still needs to contact Longs Drugstore in search for a beverage sponsor. Four golf reservations have been made to date. Golfers and sponsors needed! Committee Update This month's mixer will be at Southwest Community Bank on March. 17`n Next Meeting Date Tuesday, April 20th at 11:30 a.m. at the Temecula Valley Chamber of Commerce Boardroom sponsored by Community Little Book. SOUTHWEST C y of lake Wei 130 South Man street Lake Elsinore, CA 925M MI 674-3124 Fax 1909) 6742392 ayornwrtirtea 26442 Beckman Ct. Wrens. CA 92562 009) 304-2489 Fax (9091698 9885 Cry of Temecula 43200 Business Park Or. Temecula, CA 92590 (909) 69464" Fax. (909) 69464N taunyotweemide Ecunisnk Develpmmt Agenry 27447 Enterprise Circle West Suite 101 Temecula, CA 925N i90916004BM Fax: *NJ 6*6040 County or River®de TO: Bradley J. Hudson Assistant County Executive Officer Riverside County EDA Lori Moss Assistant City Manager City of Murrieta FROM: Stevie Field Manager, Business Development DATE: April 1, 2004 Jim O'Grady Assistant City Manager City of Temecula Marlene Best Assistant City Manager City of Lake Elsinore SUBJECT: SOUTHWEST CALIFORNIA MONTHLY MARKETING UPDATE Dear Partners: Please consider this an update on the marketing activities for the Alliance as required in the Southwest California (formerly Southwest Riverside County) Marketing for Business Attraction Agreement. Leads During the month of March, a total of five leads were generated. Three of these leads were direct contacts to the Alliance and two were referred to the Alliance from the EDC. GIS/Website Asa result of Alliance efforts, our GIS and website continue to attract many visitors and. March was another record month, attracting 1,714 visitors to our website. Our new year to date (2004) web -site total is 4,147. Our GIS application had 1,291 visitors during the month of March, totaling 3,056 since January 2004 and 9,578 visitors since its launch in January 2003. "Southwest California" Destination Branding It's official. The Southwest California destination brand has made international news. Our press release has been featured on Yahoo! Finance, CBS Market Watch, The Kiplinger Letter, Expansion Management, Site Selection Magazine as well as several local (Southern California) papers. We continue to work with Marjorie Jameson-Falce, Senior Paralegal to Stan A. Harter of Mirau, Edwards, Cannon, Harter & Lewin on the trademarking of the logo. The process of trademarking the name and logo may cost up to $2,500. As this is something that the Alliance, EDC and BAAC felt was important enough to do, I gave the go ahead to move forward. I met with Stan Harter on 4/1 and we discussed the process. For mark approval, we had to take off the names of the cities; however, we can still add them at any time for marketing purposes. The Southwest California name and the outline of our region are still included in the mark. We discovered through this process that a region couldn't be trademarked. We are optimistic that the logo itself will be accepted. Please keep in mind that once the application is submitted for the mark, it could take up to six months to receive any response. Stan will call me within the next two days and provide me with more details. I will then provide an update at our regular Alliance meeting and the BAAC meeting in April. California Open Golf Tournament As previously discussed, the Alliance will coordinate a business event in conjunction with the California Open Golf Tournament. I have verbally reserved rooms at the Temecula Creek Inn for Friday, September 3'". We will discuss at our next Partner meeting what level of event we would like to host and how much to budget. The tournament ads have already started running. There was an impressive article about the tournament in the most recent issue of FORE Magazine. I am gathering all of these articles and ads and will include them in the year-end re -cap books, which will be provided to each partner in June. Advertising The Economic Alliance continues to promote the Southwest California brand through advertising. While I provided this is last months report, I wanted to remind each partner of upcoming advertising. Following is the breakdown of the advertising commitments we have made for the balance of the fiscal year: The San Diego Daily Transcript - Changing their "Looking Northward" section to "Southwest California" section. Buy one ad; get one for free in the same week 3/9 - Technology and Biotech focus 3/11 - Who's Who in Bio Technology 3/15 - 3/19 Economic Development Week 3/18 - place ad in Southwest California section 3/19 - place ad in Regional Overview section *The investment also includes a banner on the website for one year and 500 words of editorial with a picture. Total investment: $4,600 Orange County Business Journal 3/8 - Top Real Estate Deals $3,360 (this is better than the six time rate) 3/29 - Special Report as well as a supplement on Technology and Telecom Solutions (supplement will give us an opportunity for Advertorial) $3,360 Total investment - $6,720 San Diego Business Journal - 3/10 Supplement on Technology Update (with the opportunity for advertorial) - $3,300 3/17 Commercial Real Estate focus $3,300 (Saved $1,100 on each ad) Total investment - $6,600 LA Business Journal - 5/4- Advertising supplement on Corporate Expansion and Relocation (with opportunity for advertorial) $6,535 (Saved $1500 from open rate) Total investment $6,535 ink- Full Page, Full color Ad Theme and feature - Economic Developers Directory, State Spotlight - Southern California Special Distribution - Bio 2004, San Francisco and CoreNet Global, Chicago - $ 7,965 (12 time rate) Total investment - $7,965 Expansion Management - Full Page, Full color May issue - Industry focus -Biotechnology & Biotech Parks Business Feature- Southern California Bonus Circulation - Biotech Industry $6325 Total investment - $6,325 Grand Total for all ads placed: $38,745 Trade shows On behalf of the Alliance, I will be attending the following conference and/or trade show(s): • CoreNet (Corporate Office and Real Estate Network) May 15 — 19 Chicago, IL The Alliance is the Sapphire Sponsor for the Chicago CoreNet, and as a result, we will have several opportunities to spread the word about Southwest California. Our sponsorship includes our 10 x 10 booth space; (2) complimentary full registrations; CoreNet Leadership Reception co-sponsorship and attendance (an invitation only event); Sapphire Sponsor signage throughout event; registration packet insert; pre and post conference mailing lists; recognition in all pre -conference mailings; logo recognition in conference program and sponsorship ribbons. Due to booth traffic and networking opportunities, Rob Moran will be joining me at this conference, representing the Southwest California region. "Taste of SWRC" Event We are fully into the planning and organizing process of the Spring'04 Taste of Southwest California event. The event is scheduled for April 301b— May 2ntl and will be hosted at the Temecula Creek Inn. Rooms have been reserved and arrangements have been made for the tailgate party at the Lake Elsinore Storm Stadium on the evening of April 301h. The first round of invitations have gone out and we are now in the process of confirming guests. Once confirmed, a confirmation letter/ itinerary and bottle of Temecula Valley Wine will be sent to each guest. There is still time, so if you have any companies or business decision makers that you would like to invite, please forward the information to me at your earliest convenience. As we have discussed cutting the event back a little, we are working with the following itinerary: Friday: Event check -in at TCI, followed by panel luncheon (tentatively at Bear Creek County Club), and a tour of our region via air-conditioned bus. After our tour, we will go back to the hotel and get ready for the tailgate party at the Storm Stadium that evening. We have the terrace exclusively reserved for our party. All food and drinks will be provided as well as hats for all guests. The bus will provide transportation both to and from the stadium. Saturday: Each guest will choose either golf or wine tasting. A group dinner will conclude the day at either the Temet Grill located at TCI or at the Jazz Festival at Ponte winery. Sunday: Continental breakfast and checkout Once again each guest will be welcomed with a Southwest California gift basket in his or her room upon check -in. I have collected most of the basket items which includes: bottle of wine, glasses, olive oil, biscotti, soap, coffee, coffee mug, cork screw, key chains, water bottles, cameras, chocolates, golf balls, executive pens, maps, lapel pins, magnets and other items yet to be determined. If you have any suggestions or additions on basket items, please let me know at your earliest convenience. CD-ROM Work is almost complete on new CD-ROM. This version will be much shorter (approx. 3.5 minutes as apposed to the last CD which was 12 minutes), and will not have testimonials. We will use footage from our launch video, breaking it up into For Business, For Family, For Life. The main focus of the CD will be directly linking the user to our website. This will of course create a timeless piece as we can, at little to no cost, change the demographics and information on the website. '04-'06 Marketing Plan/MOU Each partner should have received a draft copy of the'04 —'06 Marketing Plan and proposed budget. As discussed during Alliance meetings, while this two-year plan does not guarantee funding for both years, the Alliance understands that most cities plan two years out. This also helps us plan for future projects. If you have any questions on the Marketing Plan or MOU, please let me know or bring your comments to our next meeting on 4/14. On behalf of the Alliance, I attend the following meetings on an on -going basis: Murrieta-Temecula Group SWRC EDC Board Meetings Business Retention Committee Transportation and Infrastructure Committee Government Action Committee Business Attraction Advisory Committee LE EDC 1-15-1 Partnership Meetings Economic Development meetings concerning the Southwest California region If you need any additional information or have any questions, please contact me at (909) 600-6066. Sincerely, Stevie Field Manager, Business Development Copy: Belinda Graham Robert Moran Couniy EDC��� SoutlJwest Rlverstde April 12, 2004 Jim O'Grady City of Temecula PO Box 9033 Temecula, CA 92589-9033 RE: EDC Activity Summary — March 2004 Business and Workforce Development Staff responded to the following 17 business and workforce development requests in March 2004: Date Lead Source Request Action Taken 3/l/04 In Person Client requested a list of local Emailed the requested information to client. manufacturers. 3/2/04 Phone Client is seeking to open a Provided client with requested information and business business training center and leads to further research his new business. requested general demographic info. 3/5/04 In Person State rep for ETP funds requested Meeting was set up by Jim O'Grady, City of Temecula. a meeting to introduce ETP pilot Met with client to learn more about ETP fimding for project. training in manufacturing. EDC will use client as a business retention resource. 3/8/04 Phone Client requested help with site Client owns a hair salon in Laguna Beach and is looking selection and finance resources to to expand business in Southwest California. Provided open a beauty salon. client with EDC commercial broker and finance contacts, and websites to Economic Alliance and EDC. 3/8/04 Phone Client requested list of biotech Emailed the requested information to client. coin anies in the region. 3/9/04 Website Client requested a copy of the Mailed the requested information. Client resides in the Business Resource Guide. Boston area and is looking to open a business in Southwest California. Client contacted the EDC through the website. 3/11/04 Phone Client seeking a contact for a Emailed client a list of preferred contacts. business appraisal. 3/11/04 Phone Client requested access to list Client is an executive at a local manufacturer and has commercial property on EDC commercial property for sale. Referred client to Stevie website. Field, Economic Alliance. 3/12/04 Website Client requested contact Provided client with requested information. information for the higher education center. 3/I2/04 Phone Client seeking a contact for Provided client with requested information. vineyard vroverty. 3/17/04 Phone Client seeking a contact at March Provided client with requested information. JPA. Jim O'Grady City of Temecula EDC Activity Summary — March 2004 Page 2 of 3 Date Lead Source Request Action Taken 3/22/04 Phone Client seeking demographic info Emailed the requested information to client. Client is a on regional education needs and possible tenant of the higher education center and was growth projections on population referred to the EDC by Dennis Frank. and industry. 3/22/04 Phone Client requested information on Mailed the requested information to client. the EDC. 3/22/04 Phone Client requested assistance with Provided client with tour of Workforce Development employment. Center to access numerous job postings.. Faxed client announcements for Riverside Job Fair and DMV recruitments. 3/23/04 Email Client seeking contact information Provided client with requested information. and relocation site of Mattel Co . 3/24/04 Phone Client requested information on Mailed the requested information to client. the EDC. 3/24/04 Website Client requested assistance with Provided client with contacts to employers in finance employment. industry. Client lives in Woodland Hills and will raduate in Ma with MBA. Assistance is ongoing. Community Outreach Staff and/or directors attended the following meetings/events to promote or support economic development/community outreach: • TVUSD Partnership in Education (TPE) Committee Meeting (3/1) • Temecula State of the City Planning Meeting (3/2) • Murrieta Temecula Group Meeting (3/5) • . TPE Career Day Subcommittee Meeting (3/9) • Komen Race for the Cure Planning Meeting (3/9) • Lake Elsinore Chamber EDC Luncheon (3/11) — Diane Sessions & Stevie Field were guest speakers. • Womens' Leads Networking (3/16) • United Way Campaign Victory Celebration (3/18) — Close of staff s volunteer position as 2003 campaign co-chair. • Murrieta Quarterly Brokers' Meeting (3/19) • Workforce Development Center All -Staff Meeting (3/23) — Monthly WDC meeting • Temecula State of the City (3/25) • Meeting with Bill Prouty to discuss alternatives for Workers' Comp and medical insurance(3/26) • Mt San Jacinto College Career & Technical Advisory Committee (3/26) Business Retention • Business Relations Committee Meeting (3/4) — Meeting minutes are attached. Jim O'Grady City of Temecula EDC Activity Summary — March 2004 Page 3 of 3 Administration/Or¢anization • EDC Transportation and Infrastructure Committee Meeting (3/11) — Meeting minutes are attached. • EDC Education Committee Meeting (3/12) — Meeting minutes are attached. • EDC & Manufacturers' Council Merger Meeting (3/15) • EDC Golf Tournament Committee Meeting (3/16) • EDC Budget Committee Meeting (3/17) • EDC Red Team Meeting with local manufacturing firm (3/29) • EDC Nominating Committee Meeting (3/31) • EDC Board of Directors Meeting (3/18) - Meeting minutes are attached. • Administration - Staff managed the daily operations of the EDC office; managed website updates; continued planning of the EDC 10 Annual Golf Tournament; coordinated EDC election nomination process; coordinated EDC draft budget process; and distributed the following business development/community announcements: ➢ Leveling the Field for Statds Biotechs ➢ Lake Elsinore Chamber of Commerce EDC Luncheon ➢ 8 s Annual D.A.R.E. Golf Tournament ➢ UCR Connect Links Lunch ➢ Hemet/Temecula Employer Advisory Council Lunch — "Thinking Outside the Box" - How to Get More Value from Your Workers' Compensation Program ➢ TVCC State of the City ➢ Temecula Planning Commission Meeting & Agenda (faxed to developer/broker contacts) This concludes the activity summary for March 2004. Should you have questions or need further detail, please call me at 600-6064. Respectfully, Diane Sessions Executive Director DRAFT ECONOMIC DEVELOPMENT CORPORATION DRAFT OF SOUTHWEST RIVERSIDE COUNTY BOARD OF DIRECTORS GENERAL MEETING MINUTES Thursday, March 18, 2004 - 9:00 a.m. 27447 Enterprise Circle West, Temecula, CA BOARD MEMBERS I EDC STAFF I MEMBERS AND GUESTS Marlene Best, City of Lake Elsinore Diane Sessions Michael Connor, Mt. San Jacinto Frank Casciari, California Bank & Trust Liz Yuzer Community College Scott Crane, Southwest Healthcare System Al Hawthorne, Western Maryann Edwards, Temecula Valley Unified School Dist. Commercial Construction John Fili, Solid State Stamping, Inc. Cheryl Oliver, Western Dennis Frank, UC Riverside Extension Commercial Construction Kimberly Frieze -Uhler, Rancho Physical Therapy David Rosenthal, SW Riverside Stan Harter, Mirau, Edwards, Cannon, Harter & Lewin County Manufacturers' Council Keith Johnson, Mission Oaks National Bank Tim Skrove, Metropolitan Water Melanie Neiman, Eastern Municipal Water District District Rex Oliver, Murrieta Chamber of Commerce Gloria Wolnick, City of Temecula Greg Prudhomme, Kuebler Prudhomme & Company Harry Shank, Southwest Community Bank Joan Sparkman, Temecula Valley Bank Roger Ziemer, The Gas Company CALL TO ORDER • Board President Dennis Frank called the meeting to order at 9:05 a.m. APPROVE AGENDA • Motion was made by Maryann Edwards, seconded by Roger Ziemer and carried unanimously to approve the revised agenda as amended to include "Future of Lake Skinner — Discussion with Tim Skrove MWD" as agenda item 5a. MINUTES • The Board reviewed the minutes of the February 19, 2004 Board of Directors Meeting. Motion was made by Maryann Edwards, seconded by Greg Prudhomme and carried unanimously to approve the minutes of the February 19, 2004 Board of Directors Meeting as presented. FINANCIAL REPORT • February 29, 2004 Financial Reports: The Board reviewed the February 29, 2004 Financial Report that showed total monthly revenues of $5,932, total expenses of $8,651 and total cash -in -bank of $84,341. Motion was made by Joan Sparkman, seconded by Greg Prudhomme and carried unanimously to approve the February 29, 2004 Financial Reports as presented. • Budget Committee Update: Greg Prudhomme reported that the Budget Committee met on March 17 to begin preparing the 2004-2005 draft budget. The final draft budget would be presented to the Board of Directors at the April 15 board meeting. No major changes from the previous year were anticipated. Diane Sessions announced that the 2004-2005 funding request from the City of Temecula had been submitted. Economic Development Corporation of Southwest Riverside County Board of Directors Meeting — March 18, 2004 Minutes — Page 2 of 4 NEW BUSINESS • Future of Lake Skinner: Dennis Frank introduced Tim Skrove, Metropolitan Water District, who provided information about the recreational amenities at Lake Skinner. The County of Riverside previously held the operating lease to run Lake Skinner's campground and park land from the Metropolitan Water District. The lease had expired, and Mr. Skrove reported the County may not renew due to operating losses. Mr. Skrove also reported that $IM to $2M was also needed for upgrades. The Board agreed that Lake Skinner was an important nature resource for economic development and regional tourism. • Ratify Letter of Support for Continued Operation of Lake Skinner: Motion was made by Joan Sparkman, seconded by Maryann Edwards and carried unanimously to send a letter to the Riverside County Board of Supervisors encouraging them to reconsider their position and renew the operating lease for Lake Skinner. • Update on the Merger of the EDC and SWRC Manufacturers' Council: Stan Harter, chair of the Merger Subcommittee, reported that the Subcommittee met on March 15 to discuss the legal and tax issues of the merger. He further reported they were addressing rollover membership rights and benefits of the Manufacturers' Council members and were expected to merge the memberships under the EDC beginning July 1. Discussion was held on the formation of the EDC Manufacturers' Committee and its purpose and goals. Motion was made by Joan Sparkman, seconded by Maryann Edwards and carried unanimously to form the EDC Manufacturers' Committee with John Fili as Chair of the committee. • Appoint Director to Vacant Seat: Motion was made by Joan Sparkman, seconded by Maryann Edwards and carried unanimously to appoint John Fili to the vacant seat as Director -At -Large on the EDC Board of Directors, with the term expiring on June 30, 2005. • Golf Tournament Update: The Board received a flyer on the EDC 10"' Annual Golf Tournament scheduled for June 11, 2004. Diane Sessions reported for Golf Chair Gary Youmans that Keeton Construction was the Premier Sponsor. The committee continued to solicit additional sponsors and raffle prizes. • April 2004 Quarterly Lunch Update: Diane Sessions reported that Captain Miller from the Navel Surface Warfare Center in Norco was not available to speak at the April Quarterly Luncheon. Joan Sparkman suggested that Jack Wyatt and Ken Calvert may be available to speak about issues at the Navel Surface Warfare Center and March Air Reserve Base. CONTINUING BUSINESS • Utilities Updates: Gas - Roger Ziemer reported that The Gas Company opened their new facility in Murrieta and the grand opening would be held April 16. He also reported they received a grant to place a compressed natural gas refill station in Temecula that should be in operation within a year. Water — Melanie Nieman reported that Eastern Municipal Water District was seeking federal funding to assist with salinity management issues. Maryann Edwards suggested that the brine line be the first issue for the newly formed Manufacturing Committee. John Fili also offered to survey the present Manufacturers' Council to determine the need for a brineline in order to set the Manufacturing Committee agenda. Dennis Frank suggested the EDC and Manufacturers' Council help to broker a meeting between the water districts and the impacted cities. Telecommunications — Roger Ziemer reported that the EDC Transportation & Infrastructure Committee was studying telecommunications issues in the area. Power — Members suggested inviting Bob Lopez, Southern California Edison, to the April Board of Directors meeting to report on power issues. Economic Development Corporation of Southwest Riverside County Board of Directors Meeting — March 18, 2004 Minutes — Page 3 of 4 • EDC Committee Updates: Business Relations Committee — Stan Harter reported the Business Relations Committee had changed their meeting time to 9:00 a.m. He thanked Harry Shank, Rex Oliver and Lori Moss for their many calls and encouraged other committee members to make as many calls as possible. Business Attraction Committee — Marlene Best reported that Stevie Field and Diane Sessions presented the Southwest California program at a recent Lake Elsinore Chamber EDC luncheon. Education Action Committee — Maryann Edwards reported that the Committee was helping local school districts make better use of ASVAB testing in order to expand programs and determine students skills. She also reported that Career Days would be held soon. Government Action Committee — Diane Sessions reported that the EDC Government Action Committee had merged with the Joint Chambers Government Action Committee that included Temecula, Murrieta and Lake Elsinore Chambers. Several EDC board members sit on that joint committee. Rex Oliver reported that the vice president for Government Affairs of the Long Beach Chamber of Commerce would be speaking at that joint meeting on March 22. The Board discussed proposed SB 744, which would allow the state housing department to overrule local decisions on housing developments that include a certain percentage of low to moderate income housing. Motion was made by Roger Ziemer, seconded by Keith Johnson and carried unanimously to oppose SB 744. The Joint Chambers' Government Action Committee would be asked to also address SB 744. Transportation & Infrastructure Committee — Diane Sessions reported the Committee continued to discuss a possible "Remote Worker" development that would provide local workspace for Southwest California commuters who travel to San Diego and Orange County to work. Also, a T&I subcommittee continued to research and understand broadband and other infrastructure issues. OPEN DISCUSSION • EDC Administrative Update: The Board reviewed the February 2004 Activity Summary submitted by Diane Sessions. Ms. Sessions announced that the next Board of Directors meeting may be held at March Air Reserve Base. Dennis Frank announced that a petition was being circulated to require voter approval for the State of California to appropriate local funds to other state budgetary expenses. • City Updates: City of Lake Elsinore — Marlene Best reported that gas lines were now in the ground to the Outlet Center which will allow restaurants to operate at the Center; Costco, Home Depot and Lowe's were all coming to Lake Elsinore; wells would be dedicated that would pump water into Lake Elsinore, replacing 1/3 of the water lost through evaporation; City Council approved a boat mall and marina, and a small, gated community in an older area of the city; a 140-unit condo complex would be on the next Council agenda; negotiations for the sale of the Diamond Stadium were in process; and a study session to consider the role of the city treasurer and policies would be held March 23. Ms. Best also announced that the next Chamber/EDC luncheon would be held April 8 and a Chamber Mixer would be held March 25. City of Murrieta — Rex Oliver reported that a committee continued to study the Murrieta General Plan; infrastructure was being installed in Town Square; the new City Hall was scheduled for completion by Christmas 2005; and the new library was scheduled for completion in 2005 as well. Economic Development Corporation of Southwest Riverside County Board of Directors Meeting —March 18, 2004 Minutes — Page 4 of 4 OPEN DISCUSSION (continued) City of Temecula — Gloria Wolnick announced that the Higher Education Center had been approved by the City Council; the State of the City would be held March 25 at Pechanga; Senator Hollingsworth had accepted the language in SB 87 proposed by the City for local control of Highway 79 South; the City Profile Fact Sheet was being updated; the City continued to acquire land in Old Town, primarily for parking; and the Blue Grass Festival was approved to be held in Old Town. • New EDC Member: Dennis Frank introduced Al Hawthorne and Cheryl Oliver from Western Commercial Construction and presented their membership materials. Mr. Hawthorne reported the company was a general -contractor construction firm located in Fallbrook. The company had been in business for 10 years. The company had done a great deal of retail construction in the area and in 30 states. • Next Meeting: Dennis Frank asked Scott Crane to give an update on Southwest Healthcare System's expansion plans at the next meeting. ADJOURNMENT • At 10:15 a.m., motion was made by Keith Johnson, seconded by Roger Ziemer and carried unanimously to adjourn the board meeting. Respectively submitted by: Elizabeth Yuzer Phil Oberhansley Recording Secretary Board Secretary ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY BUSINESS RELATIONS COMMITTEE Thursday, March 4, 2004 - 9:00 a.m. Workforce Development Center, Executive Board Room 27447 Enterprise Circle West, Temecula, CA 92590 Committee Members Present: Dennis Frank, UCR Extension Stan Harter, Mirau, Edwards, Cannon, Harter & Lewin Keith Johnson, Mission Oaks National Bank Lane McGhee, ARROW STAFF Resources, Inc. Lori Moss, City of Murrieta Jim O'Grady, City of Temecula Rex Oliver, Murrieta Chamber of Commerce Diane Sessions, Economic Development Corporation Guests: Lisa Marie Ellis, Cutting Edge Staffing Liz Yuzer, Economic Development Corporation Call To Order • Chair Stan Harter called the meeting to order at 9:05 a.m. Follow-up Action Reports • The follow-up action report with Symbolic Embroidery was tabled until the April meeting. Company Contact Reports • Innovative Engineering Solutions — Lori Moss reported that she and Steve Mandoki met with CEO Michael Gruszczynski of Innovative Engineering Solutions in Murrieta. Ms. Moss further reported the company had been in operation for 10 years and provided engineering services and testing labs for the aerospace industry. Offices were located in San Diego, with new offices in Murrieta for the past year. Business was growing due to increased defense spending and the improved economy. Advantages to doing business in the area included the affordable cost of land and labor. The primary disadvantage was access to Orange County. Primary customers were located in San Diego, Denver and Los Angeles. Suppliers were located in Murrieta and Temecula. They owned their 10,000-square-foot facility and were operating at 50% capacity with 8 employees. The available telecommunications technology was adequate for their needs. They planned to expand their site in the future and would add another 5 to 10 jobs as business increased. Their entire workforce was required to have technical skills and they had no difficulty in recruitment. Presently, two of their employees lived in the Temecula/Murrieta area and the other six resided in San Diego County. The owner was happy doing business in Southwest California and would be willing to be a contact person for companies relocating to this area. He further indicated that the cooperation and support of the City of Murrieta was a prime factor in expanding to the area. • Medical Extrusion Technologies — Lori Moss reported that she and Rex Oliver met with owner Rikki Bauer of Medical Extrusion Technologies (MET) in Murrieta. Ms. Moss further reported MET specialized in light manufacturing of specialized extrusion tubing for medical applications. The company had been in operation for 14 years in Southwest California and business was growing. Business Relations Committee Meeting Minutes —March 4, 2004 Page 2 of 3 One advantage to doing business in the area was the ease in working with city staff. One noted disadvantage was traffic. Their primary customers were medical manufacturers and in the telecommunications industry. A number of their suppliers were local and supplied material that included tubing, inspection equipment, resins, and metal. They owned their 16,644-square-foot facility and were at 40% capacity with 22 employees. The company used DSL service and reported that improvement of telecommunications technology would be beneficial to their operations. They planned to expand their site to 40,000 square -feet and would add 70 employees as they added new product lines. Ms. Bauer had no problems with employee recruitment and used staffing agencies for her hiring needs. Employees were required to have technical skills, especially math, and they preferred to train their employees at hire. A major issue facing their business was the overseas competition of similar plastics production, but they were happy doing business in Southwest California. Ms. Bauer agreed to be a contact person for companies relocating to the area. Action Item: Lori Moss will check on the police response to alarms, the need to synchronize lights at Date and Corning, and a dedicated left turn signal at Date Street. • American Industrial Manufacturing Services, Inc. — Lori Moss reported that she and Rex Oliver met with General Manager Jim Lewis of American Industrial Manufacturing Services, Inc. in Murrieta. She further reported the company remanufactured auto parts, specifically starters and alternators. In operation for 17 years in Southwest California, business had declined within the past 2 years but was now growing. The advantages to doing business in the area included clean air and proximity to homes. Disadvantages were California taxes, Workers' Compensation and business license fees. Primary customers were Toyota and Lexus but could include anything that used a starter or alternator. Their customers were located across the United States and Canada and they also exported to Japan. The company's primary vendors and suppliers were local but they also imported parts from Canada. The company -owned facility was 83,000 square -feet, with possible plans to expand another 50,000 square -feet. With 100 full-time and 30 seasonal employees, they planned to increase their workforce by adding another 35 employees. A majority of their employees lived in Temecula, Murrieta, Lake Elsinore and Wildomar. There were no employee recruitment problems because they paid competitive wages compared to wages in Los Angeles and Orange Counties. The company recruited employees via classifieds ads and staffing agencies. New hires were not required to have previous experience as the company preferred to train their employees at hire. Mr. Lewis indicated that he would be willing to be a contact person for companies relocating to the area and that they were happy doing business in Southwest California. • Johnson Rental Service — Rex Oliver reported on his phone visit with Branch Manager Scott McIntosh of Johnson Rental Service in Murrieta. Mr. Oliver further reported that Johnson Rental Service was a Caterpillar dealer and also provided light and heavy machinery sales and service. The company had been in business in Southwest California for 65 years, with the past five years as a rental center. Two advantages to doing business in the area included the population growth and increased market, and a noted disadvantage was the traffic. Primary customers were contractors, and they used local vendors including Howe Welding in Murrieta. They owned their facility and did not anticipate additional expansion. Improved telecommunications technology would be beneficial to their operations. Most of the 12 full-time employees lived locally. The company faced problems in recruiting mechanics and sales persons that have industry experience. They would like to see technical certification and CAT school offered locally. Business Relations Committee Meeting Minutes —March 4, 2004 Page 3 of 3 Johnson Rental Service (continued) Major business issues included Workers' Compensation and conflicting weight restrictions for permits to transport oversize equipment within various city/county limits. Mr. McIntosh indicated that he was happy doing business in Southwest California and would be willing to be a contact person for companies relocating to the area. Action Item: Diane Sessions to contact Center for Employment Training about CAT school and certification training programs. Goal Progress Resort • Diane Sessions announced that visits and phone interviews in the ninth month of the fiscal year were as follows: Goal: 60 surveys completed. YTD VISIT PHONE SURVEYS Goal 60 Actual 14 1 15 New Committee Assignments • Stan Harter encouraged members to review their lists and schedule calls to appropriate companies. An additional 45 calls needed to be completed by July to reach the year-end goal. Open Discussion • EDC Board Update - Diane Sessions announced the annual review of the EDC Strategic Plan was held at the last Board of Directors meeting. Representatives of the EDC Board of Directors and the Manufacturers' Council would meet on March 15 to discuss the merger of the two organizations. • Announcements — City of Temecula: Jim O'Grady announced that environmental studies related to the Higher Education Center would go to Council on March 16; bids were awarded for the Performing Arts Center and groundbreaking would take place soon; the State of the City was scheduled for March 25 at Pechanga; Councilmember Jeff Stone would take office as County Supervisor on January 1, and the City Council would appoint a replacement when his resignation was received; and a meeting was scheduled with a representative of the Employment Training Council to discuss changes in leadership. City of Murrieta: Lori Moss reported that the City was changing to programming budgets; the next brokers' meeting was scheduled for March 19; the committee reviewing the city's General Plan was meeting on the second and fourth Mondays each month and planned to complete their study by September; the California Open committee was looking for sponsors for the golf tournament scheduled for August 30 — September 4 at SCGA; Relay for Life was looking for team members; a project manager was selected for the library construction project; and bids were being solicited for the new City Hall project. Ms. Moss also announced that the "Every 15 Minutes" program, which simulated a drunk -driving accident, would be held at Murrieta Valley High School on April 29 and 30 and both sponsors and volunteers were being sought, as well as sponsors for the D.A.R.E. golf tournament. Murrieta Chamber of Commerce: Rex Oliver reported that Mission Oaks National Bank was hosting a mixer this evening; the Reverse Drawing would be held March 17; the Chamber's golf tournament was scheduled for April 23 at SCGA; and the Chamber Installation Dinner would be held June 19 at Pechanga. Other Announcements: Lisa Mane Ellis, Cutting Edge Staffing, reported that the YMCA was looking for sponsors for their Red and Black Ball to be held May 22 at Wilson Creek. Adiournment The meeting adjourned at 10:15 a.m. ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY TRANSPORTATION & INFRASTRUCTURE COMMITTEE Thursday, March 11, 2004 - 8:00 a.m. Workforce Development Center, Executive Board Room 27447 Enterprise Circle West, Temecula, CA Committee Members Present: Guests: Stevie Field, Southwest California Economic Alliance Liz Yuzer, EDC Scott Hurst, ProjectDesign Consultants, Inc. Keith Johnson, Mission Oaks National Bank David Phares, D. L. Phares & Associates Diane Sessions, Economic Development Corporation Roger Ziemer, Southern California Gas Company Call To Order The meeting was called to order by Committee Chair David Phares at 8:05 a.m. Approve February 12, 2004 Meeting Minutes Motion was made by Scott Hurst, seconded by Roger Ziemer and carried unanimously to approve the February 12, 2004 meeting minutes as presented. New Business • Remote Worker Project — The concept paper regarding the remote worker project prepared by Bob Larson was reviewed. Roger Ziemer reported that a similar project had been set up in Lancaster after the 1994 earthquake and that he would follow up to determine if it was still in operation. The committee discussed a remote worker office building with shared receptionist and business services that would provide commuters to San Diego or Orange County a facility to work from in Temecula. Keith Johnson suggested that a representative of the committee meet with someone from Human Resources at Qualcomm to discuss the concept and determine their interest in participating in such a project. Action Items: 1) Roger Ziemer to contact Verne Larson at the Lancaster EDC to discuss their similar project. 2) Diane Sessions to set up meeting with representative from Qualcomm. 3) Stevie Field to contact Ron Mittag at San Diego North EDC for assistance in identifying companies in San Diego who may have large numbers of commuters. Continuing Business • Foreign Trade Zone Presentation — Diane Sessions reported that she was working with Phil Rizzo's staff at March Air Reserve Base to schedule the April Board of Directors meeting at their site with a tour and presentation on the Foreign Trade Zone. • Regional Telecommunications Infrastructure Project — The formation of a sub -committee to study area telecommunications infrastructure was discussed. Roger Ziemer agreed to contact Valley EDC to determine if, as a board member of the VEDC, he should be their representative. Representation from Adelphia Cable, Verizon, Time Warner TeleComm and Guidant was recommended and members from the cities of Murrieta and Lake Elsinore should also be determined. David Phares indicated that the mission of the committee should be clear so that they are not addressing issues previously reviewed by the cities. Transportation and Infrastructure Committee Minutes — March 11, 2004 Page 2 of 2 Roger Ziemer also recommended that an ordinance be passed by the cities that would require developers to include telecommunications infrastructure in their development plans. Action Items:4) Diane Sessions to contact the cities of Murrieta and Lake Elsinore to determine their representatives on the committee. Contact Keith Carlisle or Mike Wishner at Guidant to invite to next meeting. Organize initial meeting of sub-committee.5) Roger Ziemer to communicate the telecommunications infrastructure project to the VEDC. Committee Reports • Interregional Partnership (IRP) — Stevie Field provided an IRP update and reported that the recommended policies would be sent to the Policy Committee for final approval. The grant funding cycle had ended and a new source of funds was being sought to continue the work of the project. Ms. Field also suggested that grant funding might be available for the telecommunications infrastructure and remote worker projects. • RCTC & RTA — Diane Sessions reported that the transportation group in Lake Elsinore was no longer meeting. She also reported that RTA would be holding an open house soon. David Phares suggested that Larry Rubio be invited to a future Transportation & Infrastructure Committee meeting. Action Item: 6) Diane Sessions to invite Larry Rubio to attend a May 2004 committee meeting and provide an RTA update. • Transportation Logistics — No report available. • French Valley Airport & March Air Cargo Facility — Stevie Field reported that representatives of the French Valley Airport are continuing to work on issues regarding development around the airport and the possible name change to Southwest California Regional Airport. Review Previous Action Items Diane Sessions reported that she continues to work on a number of previous committee action items including scheduling the March 11 meeting with Phil Rizzo at March Air Reserve Base. 1. Bob Larson - Follow up on activities of Distribution Management Association of Southern California —Inland Empire. (Ongoing) Adjournment The meting adjourned at 9:15 a.m. APPROVAL CITY ATTORNEY DIRECTOR OFF CE CITY MANAGE CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim Domenoe, Chief of Police DATE: April 20, 2004 SUBJECT: Monthly Departmental Report The following report reflects special teams, traffic enforcement and miscellaneous activity occurring during March 2004. The Police Department responded to 45 "priority one" calls for service during the month of March, with an average response time of approximately 6.3 minutes. A total of 4,603 calls for police service were generated in the City of Temecula during the month. During March, the Temecula Police Department's Town Center Storefront served a total of 161 customers. Fifty-two sets of fingerprints were taken, 53 people filed police reports and eight people had citations signed off. Crime Prevention Officer Lynn Fanene participated in a number of special events, neighborhood watch and community -oriented programs during the month. He also coordinated requests for patrol ride-alongs and conducted police station tours. Additionally, he continued to provide residential and business security surveys/visits and past crime follow-up. Officer Fanene also continued to process City Planning Department submissions of site plans/conditions. During March, the POP Teams continued their problem oriented policing approach of areas within the community and made numerous arrests, including seven felony arrests and 17 misdemeanor arrests for various crimes. The function of the POP Teams is to address situations that typically require extended enforcement action or certain expertise in order to solve an on -going problem within a neighborhood. The POP Team officers also assisted members of the SET Team in the service of search warrants, both locally and in Chula Vista. The traffic team reported that during the month of March there were 1037 citations issued for hazardous violations, 78 citations were issued for non -hazardous violations and 97 parking citations were issued. During the month there was one fatal collision, seven injury traffic collisions, 61 non - injury collisions were reported and 29 drivers were arrested for DUI. In other citation summary information, the Neighborhood Enforcement Team (NET) program resulted in 113 citations being issued. This program addresses traffic concerns in residential neighborhoods with a dedicated motor officer. The SLAP program (Stop Light Abuse Program) resulted in 337 citations being issued during March. Monthly Departmental Report — Police Department During the month of March, the POP officers assigned to the Promenade Mall handled a total of 90 calls for service. The majority of these calls were for shoplifting investigations. During the month, calls and on -sight activity resulted in the criminal arrest and filings on four misdemeanor cases and three felony cases. Officers McElvain and Rahn continued to provide training to security staff during the month. The mall officers continued to work to prevent vehicle theft and vehicle burglaries. There were two vehicle thefts and no vehicle burglaries reported during the month of March at the mall. Our five school resource officers have remained active during March. The school resource officers conducted many counseling sessions with students. A total of 94 investigations/reports were conducted/written by the school resource officers during March. The school resource officers made misdemeanor arrests for battery and possession of alcohol, and felony arrests for assault with a deadly weapon and illegal possession of a weapon on campus. The Old Town Storefront serves as an office for the POP Teams and a location to assist the public with police services. During March, the Old Town Storefront served 263 customers. Twenty-three sets of fingerprints were taken, 25 police reports were written, and seven citations were signed off. During the month of March, the Special Enforcement Team (SET Team), consisting of Officers Jon Wade and Gary Lee, continued working a number of sensitive investigations, including one investigation of burglary and possession of stolen property that led the officers to serve a search warrant in Chula Vista. Property that was stolen in a Temecula burglary was recovered during the execution of that search warrant, and officers anticipate a criminal filing against the suspect. Officers also assisted in the service of a search warrant at Alexander's Jeweler's, located in the Promenade Mall. Officers were searching for stolen property there, and that investigation continues. Officers from the SET Team made two felony and two misdemeanor arrests during the month of March. Volunteers from the community continue to be an integral partof the Temecula Police Department's staff. Under the guidance of volunteer coordinator Officer Jennifer Wagner and assistant coordinator Gayle Gerrish, the Police Department's volunteer staff contributed 487 hours of service in March. Volunteer assignments include computer data input, logistics support, special event assistance and telephone answering duties. Community Action Patrol (CAP) Program volunteers have continued their activities, patrolling the city for graffiti, conducting vacation residential checks and assisting patrol with special logistical needs and special events. Other duties these volunteers attend to are business checks and abandoned vehicles and traffic control. The goal of the program is high visibility, which prevents crime from occurring. CAP Team members contributed 200 hours of service to the community during the month of March. The reserve officer program and mounted posse are additional valuable volunteer resources available to the police department. The police department utilizes reserve officers to assist with patrol, traffic enforcement, crime prevention and a variety of special functions. Reserve police officers worked a total of 92 hours specifically on patrol in Temecula during March. The Temecula Citizen Corps Program continued to make good progress during the month of March. The executive body, or the TCC Council, continues to hold their bi-weekly meetings at Station 84. The council is comprised of representatives from the police and fire departments, the City, local business, the Temecula Valley Unified School District, the American Red Cross, and a local citizen. Almost all of the volunteer leadership positions have now been filled, and the program is progressing well toward meeting the goals provided by members of the city council. The organization's policies have now been formalized and documented in an administrative and operational manual. Monthly Departmental Report — Police Department During March, there was a neighborhood meeting held in the Redhawk area that generated great interest among the Redhawk residents and resulted in more than twenty TCC interest cards being completed and turned in. Enthusiasm remains high and recruitment is soaring. There are now well over 100 volunteers that contribute to the TCC effort, and this number increases weekly. Also during the month of March, a number of TCC volunteers, including Public Traffic/Safety Commissioner Paul Jacobs, completed CERT Training, which is a 20-hour course of advanced preparation training. This semi-annual, advanced training, hosted by the fire department at Station 84, allows the TCC leadership to fulfill their roles within the organization. Monthly Departmental Report — Police Department APPROVAL CITY ATTORNEY DIRECTOR OF FII CITY MANAGER _ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City L; cil FROM: Debbie Ubnosk Director of Planning DATE: April 20, 2004 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of March, 2004. CURRENT PLANNING ACTIVITIES New Cases The Division received 103 new applications for administrative, other minor cases, and home occupations and 17 applications for public hearings during the month of March. The new public hearing cases are as follows: PARCEL MAP 2 TENTATIVE TRACT MAP 1 DEVELOPMENT PLAN 14 Status of Major Projects Recently Approved Projects Overland —Ynez Commercial Center —A Development Plan to construct 2 restaurants totaling 10,385 square feet and a 22,000 retail building all on 5.1 acres located on the southeast corner of Overland and Ynez. McArdle & Associates submitted this project on August 13, 2003. A DRC meeting was held on September 11, 2003. Staff reviewed plans submitted on November 24, 2003 and held a Pre-DRC Hearing on December 23, 2003. A comment letter was sent to the applicant on December 29, 2003. The applicant submitted revised plans on January 15, 2004. The project was approved at the February 18, 2004 Planning Commission Meeting (PA03-0444 — HAZEN) • Shea Homes at Roripaugh Ranch — Application for Product Review for 99 detached single- family residences which will offer 3 floor plans in 3 architectural designs. The houses are located in Planning Area 3 along Murrieta Hot Springs Road. Staff met with the applicant on October 16, 2003 to discuss the project. The applicant resubmitted plans on November 24, RAMONTHLY.RPT\2004G3-2004 Report.doc 2003. Staff sent a second comment letter on December 31, 2003, requesting revisions. The applicant resubmitted on January 28, 2004. The Planning Commission approved the project on March 3, 2004. (PA03-0551 —LONG) Overland Self Storage Facility— Conditional Use Permit to construct a 124,496 square foot, one story, self -storage mini warehousing facility on a two lot, 3.65-acres site, located south of Overland Drive and east of Commerce Center Drive. Future phase to include construction of a one-story 3,000 square foot office and caretaker's dwelling unit located at front of site. The project was approved at the March 3, 2004 Planning Commission Meeting. (PA01-0605 — RUSH) Riverside Credit Union — A Conditional Use Permit/Development Plan to construct a 4,700 square foot bank with drive-thru services on .93 acres located at the southwest corner of Highway 79 South and Avenida De Missions. VRA Architects of Park Ridge, Illinois, submitted this project on August 19, 2003. A DRC comment letter was sent to the applicant September 26, 2003. The applicant resubmitted plans on December 26, 2003. Staff sent a second DRC letter on January 29, 2004. The applicant submitted revised plans on March 2, 2004. The project was approved at the Director's Hearing on March 25, 2004. (PA03-0458 — LONG) Projects Under Review Commercial Palmilla Plaza Medical Office Building — A Development Plan to construct a single -story speculative medical office building on a .72-acre site, located at 29748 Rancho California Road within the existing Palmilla Plaza. The application was submitted on August 20, 2003. A DRC meeting was held on September 18, 2003. The applicant submitted revised plans on February 10, 2004. A second DRC Meeting was held on March 11, 2004. Staff is awaiting revised plans. (PA03-0464 — HARRIS) • Butterfield Square — A Development Plan to redevelop Butterfield Square in Old town, resulting in four two-story buildings totaling 22,048 square feet on 0.56 acres located on the southeast corner of Old Town Front Street and Third Street. The Applicant submitted plans on March 31, 2004 and Staff is currently reviewing the proposed project. (PA04-0231 — FISK) Meadows Village — A Development Plan, Vesting Tentative Parcel Map and two Conditional Use Permits (Drive-thru and alcoholic beverage sales) to construct an 80,677 square foot commercial center consisting of seven buildings on 9.77 acres located on the southeast corner of Meadows Parkway and Rancho California Road. The applicant submitted plans on March 22, 2004 and staff is currently reviewing the proposed project. (PA04-0200, PA04-0201, PA04- 0202, and PA04-0203 — FISK) • Church of Jesus Christ of Later Day Saints — A Conditional Use Permit/Development Plan to construct and operate a 24,119 square foot single story church located on the north side of Pauba Road, approximately 170 linear feet west of the centerline of Corte Villoso. Staff is finalizing the Initial Study and will send it out for public review bythe middle of April. (PA03-027 — HARRIS) • Red Lobster Restaurant — A Development Plan to construct a 7,567 square foot, single -story restaurant on 1.1 acres in the Overland Corporate Center complex located at the northeast corner of Overland Drive and Promenade Way. A pre-DRC meeting was held on December 18, RAMONTHLY.RPT200413-2004 Report.doc 2003. The applicant submitted revised plans on February 2, 2004. Staff commented on the plans and revisions were provided. The application has been scheduled for the April 7'" Planning Commission Hearing. (PA03-0671 — HARRIS) • Creekside Plaza Circle K/Unocal—An Administrative Development Plan to construct, establish and operate a service station, full service car wash and retail store within the Creekside Plaza Shopping Center. The subject property is located at the southeast corner of State Hwy. 79 S. and Pechanga Parkway. The application was submitted on March 31, 2004. A Pre-DRC meeting will be held on April 27, 2004. (PA04-0232 — HARRIS) Creekside Plaza Pads 4 & 5 — An Administrative Development Plan to construct, establish and operate two commercial buildings of 5,600 and 9,600 square feet respectively. The subject site is located at the southwest corner of State Hwy 79 S. and Pechanga Parkway. The application was submitted on March 12, 2004. A Pre-DRC Meeting will be held on April 6, 2004. (PA04- 0170 — HARRIS) Ridge Park Office Building —A Development Plan to construct an 18,981 square foot three-story office building on 1.01 acres. The subject property is located on Ridge Park Drive, south of Rancho California Road. The application was submitted on September 18, 2003. A DRC meeting was held on October 16, 2003. Revised plans have been submitted. Staff is reviewing plans and a DRC meeting took place on January 29, 2004. A letter was sent out January 30, 2004. The applicant submitted revised plans on March 16, 2004. Staff sent the applicant comments regarding inconsistent plans on March 30, 2004. (PA03-0534 — LONG) Roripaugh Town Center —A Development Plan to design and construct approximately 171,200 square feet of commercial development, which include four major tenant buildings, six smaller freestanding buildings and inline shops on 20.2 acres. The project is located on the northeast corner of Nicholas Road and Winchester Road. Matthew Fagan Consulting Services submitted the application on July 24, 2003. A DRC meeting was held September 4, 2003. The project was resubmitted on November 12, 2003. Staff has reviewed the revised plans and is in discussion with the City Attorney to determine the City's legal parameters and if a City initiated Specific Plan Amendment is possible. At this time, the applicant has not complied with most of staff's initial comments, including: site layout, elevations, and pedestrian circulation. Staff met with the applicant on March 29, 2004 to discuss the project. Staff is preparing a letter summarizing the issue's raised at the meeting. (PA02-0364 — LONG) Temecula Highlands —A Development Plan to construct a 30,514 square foot office building on 1.4 acres located on the south side of County Center Drive, approximately 1,500 feet east of Ynez Road (APN 910-110-045). Mc Ardle Associates submitted the application for the Garrett Group of Temecula on August 13, 2003. A DRC meeting was held for the project on September 11, 2003. The project is scheduled for the April 21, 2004 Planning Commission Hearing. (PA03-0443 — FISK) • CBC Business Center — A Development Plan to construct a 131,890 square foot industrial building on 8.59 acres located on the north side of Remington Avenue, approximately 1,000 feet east of Winchester Road. The applicant submitted plans on March 1, 2004 and staff is currently reviewing the proposed project. (PA04-0134 FISK) • Margarita Square —a Development Plan to construct an 11,274 square foot commercial building on 1.60 acres located at the northeast corner of Highway 79 South and Margarita Road. The applicant submitted plans on March 17, 2004 and staff is currently reviewing the proposed project. (PA04-0190 FISK) R:WONTHLY.RP1-\2004\3-2004 Report.doc Roick Drive Business Park —A Development Plan to construct two commercial buildings totaling 25,618 square feet on 3.64 acres, located on the north side of Roick Drive, approximately 500 feet west of Winchester Road. Landan Construction Company submitted the application on October 13, 2003. A DRC meeting with the applicant was held on October 13, 2003 to discuss site design issues. Revised plans were submitted and the project is anticipated to be scheduled for the May 19, 2004 Planning Commission Hearing. (PA03-0582 — FISK) • Rainbow Canyon Del Taco — An Administrative Development Plan to construct, establish and operate a 2,260 square foot drive-thru restaurant on .69 acres. The subject property is located at the southeast corner of Highway 79 and Pechanga Parkway. The project was submitted on January 29, 2004. A Pre-DRC Meeting was held on February 24, 2004. Staff has provided DRC comments to the applicant and is awaiting revised plans. (PA04-0057 — HARRIS) Building B at Vail Ranch — A Development Plan to construct a 6,500 square foot single -story office/restaurant building on a 1.03 acre site located at the southwest corner of Highway 79 and Mahlon Vail Road. Planning comments were submitted to applicant on February 11. Staff met with the applicant on March 1, 2004 to discuss site layout and design issues. The applicant submitted revised plans on March 15, 2004. Staff is currently reviewing the revised plans. (PA03-0709 — LONG) • Lowe's — A Development Plan to construct a new storage staging area located at 40390 Winchester Road. Required Code Enforcement action. Staff is awaiting submittal of additional materials. (PA03-0276 — PAPP) • Beacon Lounge — A Development Plan to construct a 550 square foot fenced outdoor smoking/seating area in association with an existing lounge located at 27725 Jefferson Avenue, Suites 101 and 102 north of Via Montezuma. DRC was held on March 4, 2004. The project was resubmitted on March 25, 2004. (PA03-0717 — PAPP) • Schafer Building — A Development Plan to construct an 8,000 square foot office building on .98 acres located on the west side of Margarita Road, approximately 1000 feet north of Overland Drive. The project was submitted on February 24, 2004. A DRC meeting was held April 1, 2004. Staff sent a letter summarizing comments on April 2, 2004. (PA04-0112 — LONG) • Panda Express — A Development Plan to construct a 2,026 square foot restaurant with outdoor dining in an existing building located at 40620 Winchester Road. Pre-DRC was held on March 23, 2004. Applicant resubmitted on April 5, 2004 with new outdoor patio design. (PA04-0122 — PAPP) • Big Horse Feed — A Development Plan to construct an 8,000 square foot shade structure/hay barn located at 33320 Highway 79S. Pre —DRC was held March 23, 2004. DRC is scheduled on April 8, 2004. (PA 04-0090) • Temecula Creek Village Sign Program — A comprehensive sign program for the 'Village" commercial portion of this multi -use project located at 79 S. and Jedediah Smith Road was submitted on March 25, 2004. Pre-DRC is scheduled for April 20, 2004. (PA04-0215 — PAPP) Subdivisions • Gallatin Parcel Map —A request to subdivide 2.89 acres into three lots with a minimum lot size of .92 acres located on the northeast corner of Margarita Road and DePortola Road. Gallatin RAMONTHLY.RPT\2004\3-2004 Repon.doc Dental Group submitted the project on February 3, 2004. The project went to DRC on March 11, 2004. Staff is currently waiting for revised plans. (PA04-0074 — LONG) • Serphina Tract Map 32346 —A request to subdivide 28.6 acres into 67 lots with a minimum lot size of 7,200 square feet located on the north side of Nicolas Road. The project was submitted on March 16, 2004. Staff is currently reviewing the plans. Overland — Ynez Commercial Center Map — A request to divide 5.19 acres into 3 parcels based upon a proposed site plan configuration for the property. This project is located on the southwest corner of Overland Drive and Ynez Road. Davcon Development submitted this project on September 2, 2003. A DRC comment letter was sent to the applicant September 26, 2003. Staff reviewed plans submitted on November 24, 2003 and held a DRC Hearing on December 23, 2003. A comment letter was sent to the applicant on December 29, 2003. The applicant re -submitted on January 30, 2004. Staff is currently reviewing re -submittal. (PA03- 0485 — PAPP) • Via Industria —A request to divide 2.52 acres into 2 parcels located on the southeast corner of Roick Drive and Via Industria. A letter was sent to the applicant on January 27,2004, explaining the resubmittal requirements. Staff is awaiting resubmittal. (PA03-0737 — PAPP) Industrial Roick/Regency Industrial Building — A Development Plan to construct an industrial building with four suites totaling 12,407 square feet on 1.87 acres on the southwest corner of Roick Drive and Winchester Road. James E. Horeca submitted the application for Regency, Inc, on July 1, 2003. A pre-DRC meeting was held on July 22, 2003. A DRC meeting was held on July 31, 2003 with the applicant. Staff was informed by the applicant on December 29, 2003 that there has been a change in architects. Applicant resubmitted on March 11, 2004, but the submittal package did not include revised landscape plans. Applicant was advised but has not yet submitted landscape plans. (PA03-0359 — PAPP) Temecula Industrial Park — A Development Plan to construct four single -story industrial buildings totaling 57,952 square feet on 4.83 acres located on the west side of Business Park Drive, between Rancho Way and Rancho California Road, approximately 1,000 feet north of Rancho California Road. Scott Barone (Lot 11 BPD LLC) submitted the application on December 23, 2003. A DRC Meeting with the applicant was held on January 29, 2004. A DRC letter was sent to the applicant on February 2, 2004. The applicant submitted a revised site plan on February 23, 2004, and staff is awaiting the submittal of revised elevations and landscape plans. (PA03- 0728 — FISK) • Merit Moving Systems — A Development Plan to construct a 37,970 square foot storage and warehouse facility on 2.02 acres located on the north side of Winchester Road, approximately 1,838 feet west of Diaz Road. Project was submitted on February 23, 2004. A DRC was held on April 1, 2004. A letter was sent on April 2, 2004 summarizing DRC comments. (PA04-0111 — LONG) Mixed Use • Lago Bellagio — A Development Plan and Vesting Parcel Map to construct a 396-unit senior retirement facility building totaling 477,020 square feet, an 110,121 square foot office building and a 19,357 square foot clubhouse on 22.62 acres, located at the corner of Pechanga Parkway RAMONTHLY.RPM004\3-2004 Report.doc and Loma Linda. A DRC meeting was held on May 22, 2003. A DRC letter was mailed out on May 27, 2003. As of July 8, 2003, the applicant had not resubmitted plans for review. Staff sent out a 30-day letter requesting exhibits. The applicant has responded to the 30-day letter and will be resubmitting plans. Staff met with the applicant on February 4, 2004 to discuss changes to the project. As of April 5, 2004, the applicant has not submitted any revisions to the plans. (PA03-0170 — LONG) Old Town Queen Anne Victorian —A Conditional Use Permit and Development Plan to construct a 11,000 square feet mixed use building to include retail uses (restaurant) on the ground floor and office uses on the second floor on 1.93 acres, located at the northeast corner of Old Town Front Street an Fourth Street. A DRC meeting was held on for September 11, 2003. Staff spoke to the applicant on October 13, 2003, and the applicant stated they would submit revised plans by the end of November. Revised plans were submitted on March 1, 2004. The project is scheduled for the April 12, Old Town Local Review Board. (PA03-0447 — FISK) Penfold Plaza — A Development Plan to construct a 23,135 square foot mixed use building on .32 acres to include retail space on the first floor, office space on the second floor and a restaurant on the third floor, located on the south side of Fifth Street and west of Old Town Front Street. A DRC meeting was held on November 6, 2003, and a DRC letter was mailed to the applicant on November 10, 2003. The applicant resubmitted plans on December 26, 2003. A second DRC Meeting was held on February 5, 2004. The project is scheduled for the April 12, 2004 Old Town Local Review Board. (PA03-0535 — HAZEN) Residential Second Dwelling Unit at Calle De Valardo —Administrative Development Plan for a 665 square foot second dwelling unit at 43961 Calle De Valardo (near Jedediah Smith and Calle De Valardo). The applicant, Kecia Stewart, submitted an application for the project on September 15, 2003 for the owners, Allen and Ann Pulsipher. A pre-DRC meeting was held on October 7, 2003 and a DRC meeting was held on October 16, 2003. Staff sent a letter to follow up on the status of revisions and received revised plans on December 2, 2003. Staff sent a second comment letter to the applicant, received revised plans, and sent a third comment letter on January 2, 2004. Staff sent a letter to follow up on the status of revisions on March 3, 2004, and the applicant responded that revised plans would be submitted. Staff is awaiting the resubmittal. (PA03-0524 — FISK) Marchand Way Development Inc — A Tentative Tract Map (31344) was initially a proposal for a 15-unit detached condominium project. On October 13, 2003, the applicant submitted a revised map for 10 single-family lots. A second DRC took place on November 13, 2003. On January7, 2004 staff send a third letter requesting minor revisions to the map as well as revisions to the environmental studies. The applicant resubmitted the requested information on March 4, 2004. A Planning Commission date is scheduled for April 21, 2004. (PA03-0321 — LONG) Meeker Companies at Roripaugh Ranch — Application for Product Review for 113 detached single-family residences, which will offer four (4) floor plans in three (3) architectural styles. The houses are located in Planning Area 4B along Murrieta Hot Springs Road. The application was submitted on November 4, 2003. Staff held off from providing comments until the subcommittee met to provide staff with direction. On December 11, 2003, staff sent a letter requesting revisions. The applicant has decided to move forward to the Planning Commission without addressing the majority of staff's comments. A tentative Planning. Commission date is scheduled for April 21, 2004. (PA03-0634 — LONG) RAMONTHLY.RPTT2004\3-2004 Report.doc Harveston Tentative Tract Map No. 31267 — Residential Tract Map application to subdivide 5.6 acres into 62 single-family residential lots, 3 private driveway lots and 8 open space lots. The site is located on the south side of Harveston Drive east of Lake View Road. The application was submitted on April 23, 2003. A DRC meeting was held May 22, 2003. A letter was mailed out to the applicant on June 23, 2003, requesting revised exhibits. Revised exhibits were submitted on July 31, 2003. Staff met with the applicants on September 10t" to discuss concerns. Staff has reviewed revised plans submitted on November 1, 2003. A meeting with the applicant was held on January 8, 2004, and staff is awaiting submittal of revised plans. (PA03-0227 — HAZEN) Naron Pacific Tentative Tract Map 30434 — A proposal for a zone change from L-1 to L-2 on 31.93 acres and Tentative Tract Map to create 30 residential lots and 4 open space lots in the Chaparral area. The applicant has provided all materials, but is now proposing a PDO for the project. The CAC has made a recommendation on policy for the Chaparral Area allowing 1/2- acre lots if it does not increase the "net' density. A PDO was submitted on March 25, 2004. Staff will meet with applicant in April to discuss grading issues and begin preparation of an Initial Study. (PA02-0204 — PAPP) • Tierra Vista Condominiums — An Administrative Development Plan to construct 23 residential condominiums on 1.5 acres. The subject property is located on the northwest corner of Tierra Vista Road and Ynez Road. The application was submitted on September 30, 2003. A DRC meeting was held on November 6, 2003. Plans should be submitted by end of April. (PA03- 0552 — HARRIS) Quiet Meadows — A proposal to subdivide 4.57 acres into 7 residential lots with one open space lot; and a proposal to change the zoning designation from L-1 to L-2. An Environmental Assessment (EA) has been completed. Based on the EA, no significant impacts have been identified. On August 12, 2003, the City Council denied the Zone Change application without prejudice and referred the Zone Change policy issue to the General Plan CAC for an advisory recommendation. The CAC has determined that the Zone Change can be supported and the applicant will ref ile a new application. The processing is on hold pending policy direction on the General Plan from the City Council. • TTM 31898 - A Tentative Tract Map to subdivide 14.1 acres into 125 single-family lots with a minimum lot size of 3,000 square feet located within Planning Area 7 of the Wolf Creek Specific Plan. The project was submitted on October 23, 2003. A DRC meeting was held on January 8, 2004. A DRC letter was mailed to the applicant on January 13, 2004. As of April 9, 2004, the applicant has not resubmitted. (PA03-0604 — FISK) Wolf Creek Planning Area 7 — An application for a Home Product Review for 125 detached single-family residences within Planning Area 7 of the Wolf Creek Specific Plan. The application proposes three different architectural styles and four floor plans. The project was submitted on October 23, 2003. A DRC meeting was held on December 11, 2003 and a DRC letter was mailed out to the applicant on January 8, 2004. Revised plans were submitted on March 8, 2004, and staff is currently reviewing the plans. (PA03-0603 — FISK) Horton Continental — A Product Review for 100 single family residences including four floor plans and four architectural styles. The project is in planning area 1 of Roripaugh Ranch Specific Plan. The applicant submitted plans on Marchl, 2004. The applicant has verbally indicated that they are revising the entire plan. (PA04-0133 Long) RAMONTHLY.RPTT2004\3-2004 Report.doc • Del Val Second Dwelling Unit —An application for a second dwelling was received January 23, 2004 for a 768 square foot mobile unit at 31050 Nicolas Road at Leifer Road. A pre-DRC Meeting was held on March 9, 2004. The applicant will need to resubmit to show paved access. (PA04-0039 — PAPP) Aspen at Wolf Creek — An application for a Home Product Review for 166 detached single- family residences within Planning Areas 2 and 5 of the Wolf Creek Specific Plan. The application proposes three different architectural styles and four floor plans. The project was submitted on December 16, 2003. A DRC meeting was held on February 12, 2004. Revised plans were submitted on March 8, 2004, and staff is currently reviewing the plans. (PA03-0718 — FISK) • Cedar at Wolf Creek —An application for a Home Product Review for 92 detached single-family residences within Planning Area 9 of the Wolf Creek Specific Plan. The application proposes three different architectural styles and three floor plans. The project was submitted on December 23, 2003. A DRC meeting was held on February 12, 2004. Revised plans were submitted on March 8, 2004, and staff is currently reviewing the plans. (PA03-0727 — FISK) • Wolf Creek Planning Area 6 — An application for a Home Product. Review for 127 detached single-family residences within Planning Area 6 of the Wolf Creek Specific Plan. The application proposes three different architectural styles and three floor plans. The project was submitted on January 7, 2004. A DRC meeting was held on February 12, 2004. Staff is currently reviewing revised plans. (PA04-0006 — FISK) • Davidson Communities — A Product Review for 100 single family residences including three floor plans and three architectural styles. The project is in Planning Area 2 of the Roripaugh Ranch Specific Plan. The applicant submitted plans December 24, 2003. A DRC was held on January 22, 2004. The applicant resubmitted plans on February 19, 2004. Staff will be scheduling the project for Planning Commission in April, 2004. (PA03-0725 — LONG ) • Seedsowers Montessori Childcare — A Minor Conditional Use Permit application to allow a large family daycare to operate out of a single-family residence located at 39806 Cambridge Place. Pre-DRC is scheduled for April 27, 2004. (PA04-0223 PAPP) Miscellaneous • Rancho Baptist Co -location — A Conditional Use Permit to co -locate 12 cellular antennas and four equipment panels on an existing mono -pine at the Rancho Baptist Church located at 29775 Santiago Road. This application was filed by Sprint PCS on December 22, 2003. A pre-DRC Meeting was held on February 17, 2004. The project is anticipated to be scheduled for the May 20, 2004 Director's Hearing. (PA04-0031 — FISK) • U Stor It — An Administrative Development Plan to establish a self -storage facility within an existing 109,500 square foot commercial building on 6.74 acres located at 28401 Rancho California Road. The applicant submitted plans on March 31, 2004 and staff is currently reviewing the proposed project. (PA04-0233 — FISK) • AT&T and Verizon Wireless —A Conditional Use Permit/Development Plan to construct, operate and establish an unmanned wireless communication facility consisting of up to 42' high "popsicle sticks" and a 8'x12' equipment area, located at the Rancho California Water District Water Reservoir Complex, east of Meadow Parkway. Staff has received phone calls from the RAMONTHLY.RPT\2004\3-2004 Report.doc surrounding residents expressing concerns about this proposal. The project was scheduled for the October 15, 2003 Planning Commission Hearing with a denial recommendation, however, the meeting was canceled and the project will be renoticed for a future Planning Commission Hearing. Staff met with the applicant on March 12, 2004, to discuss design alternatives. No formal resubmittal to date. (PA02-0335 — PAPP)) Cingular Wireless — A Conditional Use Permit to construct, operate, establish and maintain a wireless telecommunications facility with 3 antennas housed within the bulb portion of the proposed 55-foot artificial mono -palm tree located at 31575 Enfield Lane, east of Riverton Lane and north of Humboldt Court. The project was deemed incomplete in February 5, 2003. An Environmental Assessment is required per CEQA. Staff requested additional studies in orderto complete the assessment and is completing an Initial Study. Staff has received revised plans that have been determined to be an acceptable design and has completed an initial study. Staff is currently preparing a staff report and conditions of approval. The project is scheduled for the April 7, 2004 Planning Commission Hearing. (PA02-0717 — FISK) • Meadowview Golf Course — Conditional Use Permit and Development Plan to design and construct a public golf course and driving range within the Meadowview Community. The Focused EIR requires modification. The applicant has retained a new environmental consultant to complete the modifications. The Draft EIR was submitted on April 12, 2004. Staff has transmitted document to affected City Departments for 3 week review. (PA01-0375 —HARRIS) • Verizon Mono -Palm Wireless Antenna —The applicant resubmitted anew plan on November 12, 2003 on a new project site located at the Chaparral High School Bus Maintenance Facility. The proposal includes a 50' light pole similar to the existing 35' light poles within the maintenance facility. On December 22, 2003, staff sent a letter requesting alternative designs and locations. (PA02-0715 — PAPP) Verizon Wireless Telecommunication —A Conditional Use Permit for a 60-foot high mono -pine within the Rancho California Water District Headquarters facility. Staff has informed the applicant that the proposed mono -pine is not an acceptable design for the area. The applicant indicated alternative sites would not be feasible; however, on November 10, 2003, they offered to look at alternative sites and designs. Staff is still waiting for response from the applicant. (PA02-0637 — PAPP) Calvary Baptist Church Addition — A Conditional Use Permit to construct the proposed expansion of the existing church facility with a 12,610 square foot addition. This addition involves the expansion of the vestibule & sanctuary, the addition of new classrooms, restrooms, a kitchen, and multi -purpose room. The site is located at 31087 Nicolas Road at Calle Colibri off of Nicolas Road. A second DRC was held September 18, 2003. Revised plans were submitted on February 12, 2004. A DRC Meeting was held on March 11, 2004. Staff is awaiting revisions. (PA02-0661 — HARRIS) Gosch Towing — A Minor Conditional Use Permit for the operation of a police impound yard located at 27495 Diaz Road. The applicant is currently operating under a Temporary Use Permit. Staff is currently working with the applicant to obtain proper public noticing. Staff anticipates scheduling the project for the May 20, 2004 Director's Hearing. (PA04-0013 — FISK) • Cyberzone —A Minor Conditional Use Permit for the establishment and operation of an Internet business to rent computer times for Internet and Microsoft applications within an existing suite of RAMONTHLY.RPT2004\3-2004 Report.doc the Promenade Mall. Staff has received conditions of approval from other departments and has scheduled the project for the April 7, 2004 Planning Commission Hearing. (PRJOO-906— FISK) • Hillcrest Academy — A Conditional Use Permit/Development Plan to construct a new 13,777 square foot classroom, administrative offices and multi -purpose room at 29275 Santiago Road. The project was submitted on March 5, 2004. Staff is currently reviewing the plans. A DRC is scheduled for April 8, 2004. (PA04-0152 — LONG) Small Business Assistance • La Tacqueria: Staff is working with the owners of this Old Town business on a revised plan for an exterior fagade improvement that includes new awnings, paint and signs. A proposal from the contractor is to be submitted to the Old Town Local Review Board in the next two to three months. • Temecula Olive Oil Company: The Planning Department is working with this applicant on a newly designed outside patio dining area and signs that are to be submitted for review by the Old Town Local Review Board in two to three months. • The Chocolate Florist: Staff worked with this business owner to help bring her signs into compliance with the Old Town Specific Plan. • All Bright at Last Carwash: An application for the approval new roofing material was expedited in order to help the owner of this business located within the boundaries of the Old Town Specific Plan. • The Palomar Hotel: Staff met with the owners of this Old Town business and explained the planning application process as well as options under the City's Fagade Improvement Program. Special Event Permits • Old Town Bluegrass Festival - Sponsored by the Temecula Redevelopment Agency, this music event took place on March 20 and 21, 2004 at various locations in Old Town Temecula. • Rubby Ducky Derby — This event is scheduled to take place at Harveston Lake on June 12, 2004. It is a fundraiser for the applicant, Thessalonkia Family Services (Rancho Damacitas), a non profit organization that helps abused children. The application has been transmitted to involved City departments and a future meeting will be held with the applicant and City staff. Special Projects & Long Range Planning Activities The Division also commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities are as follows: Comprehensive General Plan Update — The Community Advisory Committee and Staff have completed their review of all the Draft Element except circulation. The consultant is waiting for the county to complete the process of integrating its Land Use, Circulation and Open Space plans. The initial Land Use Element requests were presented to the Community Advisory Committee on March 1, 2004. A future meeting will also address the Circulation Element. (HOGAN) RAMONTHLY.RPT\200413-2004 Report.doc 10 Update of the Old Town Specific Plan —The Plan was originally adopted in 1994 and is receiving its first comprehensive update. The update will include many changes requested by the Old Town Local Review to incorporate additional design standards while retaining the Old Town Specific Plan's original direction. Meetings with the Old Town Local Review Board were held in January and February, 2004 to further refine the necessary changes. A revised Plan with the necessary environmental documents is currently being prepared. (HOGAN) • Hillside Development Policy — The policies are being examined for integration into the draft - grading ordinance. Staff is working with GIS to analyze topography, soil types, environmental (habitat), and other constraints. • Procedures to Implement CEQA — Staff initiated project to develop local guidelines and procedure manual for processing CEQA documents, including the adoption of local exemptions. The process will also conform to the new 2003 CEQA Guidelines, and will create new templates for standard CEQA forms. This item is on hold pending additional staff resources. (PAPP) • Surface Mining Ordinance —The staff and City Attorney had been making final changes based upon feedback from the State prior to submitting this item to the Council for their consideration. This item is on hold pending additional staff resources. • Traditional Neighborhood Development Ordinance — Final changes are being made prior to scheduling this item for a Planning Commission workshop. This item is on hold pending additional staff resources. • Staff is revising the draft ordinance to codify use restrictions and supplemental standards for "Cyber Cafes." Staff is revising and will submit to the City Attorney April 2004. This item has not yet been scheduled for public hearing. (PAPP) • Updating of the Roripaugh Estates Specific Plan to split Planning Area 8 into 8A and 8B to resolve commercial zoning issues and minor land use changes. This item is on hold pending additional staff resources. (PA97-0443 — PAPP) • South Side Street Improvement Project —The former South Side Specific Plan is being modified to design guidelines and a street improvement program for Old Town Front Street between First Street and Highway 79 South. This item is on hold pending additional staff resources. (PAPP) • Paloma del Sol Specific Plan, Amendment 8.1 and Supplemental EIR — The NOP Draft SEIR was distributed, for public comment, on 11/4/03. A revised NOP was distributed for public comment on November 21, 2003. An Agency EIR Scoping meeting was held on December 8, 2003. Agency NOP comment letters have been forwarded to the project consultant. Staff is awaiting submittal of revised project schedule from Newland. (PA03-0402,0403 — PAPP) • City— Project environmental reviews and permitting: o Overland Drive Extension — Staff reviewed 2"d submittal of the draft initial study / Mitigated Negative Declaration and has provided comments to Public Works. No resubmittal to date. o Old Town Southern Gateway Landscaping Project — Request from Public Works for Environmental Determination for this project. Previous Negative Declaration has been modified because the project description has changed. The revised N.D. has been routed to Redevelopment, TCSD, and Public Works for comments. (EA-93 — PAPP) R:V,AONTHLY.RPT\2004\3-2004 Report.doc 11 o Temecula Education Complex — The applicant has completed the focused EIR, and the Notice of Completion was sent out on November 7, 2003. The comment period closed on December 26, 2003. A Focused EIR has been prepared and is scheduled for the Redevelopment Agency's consideration on March 16, 2004. (HOGAN) o Winchester Road Widening Project — Request from Public Works for Environmental Determination to widen Winchester Road west of Jefferson. Staff has completed the initial study and is recommending that a Mitigated Negative Declaration be adopted. This item will be presented to City Council on April 13, 2004. (EA103 — PAPP) o Murrieta Creek Multi -Purpose Trail Project— Staff is assisting the Public Works Department by preparing CEQA and NEPA documents for this project. Staff did a site walkover with biologist and CalTrans coordinator in January 2004. Staff will recommend a Class 4 Categorical Exemption. (EA99 — PAPP) o Diaz Road General Plan Level Improvements — Staff has prepared an initial study to determine the impacts of constructing ultimate improvements on Diaz Road. Staff recommends that a Negative Declaration be prepared. This item is expected to go to City Council in May or June 2004. (EA107 — PAPP) • Update of the Citywide Design Guidelines — The Planning Commission provided input at the September 3, 2003 workshop. The industrial section of the Design Guidelines was submitted and reviewed by staff. Staff had many comments on the first draft and met with the consultant to discuss the issues. A new draft was submitted to staff on December 8, 2003 for our review. General Plan Amendments • PA03-0178 TERC 52, LLC —A General Plan Amendment application (and Zone Change PA03- 0177) to change the land use designation on 52.83 acres from Business Park to High Density Residential at the northwest corner of the Rancho California Business Park. Staff is awaiting the submittal of additional information and has advised the applicant that the proposal may not go to hearing until the Comprehensive General Plan Update is complete. (PAPP) PA03-0721 DePortola Road Planned Development Overlay District — 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 Overly (PDO), and a Development Code amendment 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. is scheduled on February 18, 2004 Planning Commission recommended the City Council approve a modified version of the proposed PDO. The Planning Commission recommended including only the 6 parcels on the south side of De Portola Road. This item has been scheduled for the April 13, 2004 City Council meeting. (HOGAN) RAMONTHLY.RPT\2004\3-2004 Report.doc 12 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN f�� CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Anthony J. Elmo, Director of Building & SafeYti DATE: April 20, 2004 SUBJECT: Departmental Report March 2004 PREPARED BY: Carol Brockmeier, Administrative Secretary TOTAL NUMBER OF PERMITS ISSUED...................................................................372 NSFR..................................................................................................................41 NCOM................................................................................................................... 2 TOTALVALUATION.....................................................................................$14,058,162 TOTAL NUMBER OF INSPECTIONS PERFORMED..............................................5,733 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: April 20, 2004 SUBJECT: Department of Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for the month of March, 2004. MOACTRPT CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report March/ April 2004 Prepared By: Amer Attar Submitted by: William G. Hughes Date: April 20, 2004 PROJECTS UNDER CONSTRUCTION 1. Children's Museum This project will construct a 7,500 square foot children's museum. 2H Construction has completed the structural repairs to the building shell. The Notice of completion for the building shell contractor has been filed and the Notice of Completion for the structural repair contractor is scheduled for the April 20, 2004, City Council meeting. Sparks Exhibits and Environments is installing the museum exhibits under the supervision of TCSD. The museum is expected to open the summer of 2004. 2. Pechanga Parkway (Formerly Pala Road) Sound Wall Improvements Under this project, sound walls will be designed and constructed on the southwest side of Pechanga Parkway, from Rainbow Canyon Road to the Pechanga casino and on the northeast side along the residences just north of Loma Linda. Bullard Construction has completed construction of the entire length of the sound wall from Masters Driver to Via Eduardo. The parkway landscaping has been completed by Marina Landscaping, the subcontractor. Marina is finishing the remaining backyard landscaping restorations. 3. Rancho California Road Bridge Widening Over Murrieta Creek This project will widen Rancho California Road Bridge over Murrieta Creek 35 feet on the south and 15 feet on the north to provide four additional traffic lanes. Completion of the project is anticipated in the Spring of 2004 although the allowable working days extend into August of 2004. Construction of a median (developer requirement) on Jefferson from RCR north may adversely impact completion of the project. 4. John Warner Road Assessment District Under this project an assessment district was formed. This district includes the construction of street and storm drain improvements in the John Warner Road area. Edison switchover on Lolita Rd. effected on 3/22/04, completing the final step in the final utility conflict resolution, until a conflictwith an existing RCWD water main was discovered on 4/2/04. This line is beyond the water main relocation limits identified on Lolita, and is shallow for a distance of approx. 300 L.F. Options for resolving this conflict involve either lowering the line or raising the roadway profile. Since there is an additional problem with steep driveways at the end of the road on Lolita, raising the roadway profile seems to be the best alternative because it addresses both issues. PDC was requested to submit a proposal for the re -design for roadway redesign on 4/12/04. Design for RCWD water main extension on John Warner between Colver and La Presa is underway. Base paving course on John Warner Road, and on Lolita up to Paulita was completed on 4/8/04; cap course is to be done week of 4/19/04. R: \MonthlyActivityReport\CIP\2004\March-April.doc 5. Rancho California Road Widening & Median Modifications East of Ynez Road The project will include the closing of the two median openings on Rancho California Road in front of the Town Center, while lengthening the left turn lanes at Ynez Road, Town Center Drive, and Via Los Colinas to improve traffic circulation. In addition, a dedicated right turn lane will be added on the eastbound direction on Rancho California Road at Ynez Road. Architectural treatment for retaining wall on north side of Rancho California Rd. was completed on 4/2/04; Noble began Stage 1 roadway work (right -turn lane construction) on 4/6/04. There are no outstanding issues at this time; project is on schedule for a May 19th completion. 6. Old Town Community Theatre This project will construct a 20,000 square foot community theater complex and refurbishes the existing Mercantile Building. Offer letters (two) have been sent for the acquisition of 4th Street right of way and a current ingress/ egress agreement allows the City to construct the water line - one has been finalized. All environmental permits have been obtained. Construction started on 3-3-04 and the allowable working days (14 months) extend to 4-13-2005. Grading has been completed, building permits have been obtained and work has begun on building foundations. 7. Pechanga Parkway Storm Drain Improvements — Phase II This project will construct the storm drain triple box culvert and the channel improvements north of Loma Linda. As part of this stage the entire Pechanga Parkway, Phase II project will be environmentally cleared in accordance with the California Environmental Quality Act (CEQA). The construction contract for Pechanga Parkway Storm Drain Improvements, Project No. PW99- 11 SD, located on Pechanga Parkway from Loma Linda Road to Temecula Creek, was awarded to Yeager Skanska Inc. at the March 26 council meeting. Construction should begin in late April pending approval of the Infrastructure Funding & Acquisition Agreement for the Wolf Valley Creek Channel. 8. Slurry Seal Project - FY 2003/2004 This project continues the annual slurry seal program for City streets. Bids were opened on 03/25/2004. Low bidder was American Asphalt South, Inc. at $515,669.89. The pre - construction meeting is scheduled for 04/27/2004. 9. Diaz Road Realignment Phase I, Traffic Signals Under this project, two traffic signals will be installed, one on Diaz Road at Rancho Way and the other one on Rancho California Road at Business Park Drive/Vincent Moraga. Also, a northbound lane will be added on Diaz Road from Rancho Way to Via Montezuma (Low Flow Crossing). Bids for the two signals were opened on April 8 and recommendation for award of contract is going to the April 20 City Council meeting. 10. Vail Ranch Park (Near Pauba Valley School) - Add Amenities This project will add amenities, including play equipment, to the recently annexed Vail Ranch Park. RHA Landscape Architects/Planners Inc. is the design firm. Bids were opened on April 13 and recommendation for award of contract is going to the April 20 City Council meeting. R:\MonthlyActivityReport\CIP\2004\Much-April.doc PROJECTS BEING ADVERTISED FOR BIDS 1. Landscaping and Sidewalk On SR 79 South (Old Town Front Street to Pechanga Parkway) The project consists of the design and construction of new sidewalk, irrigation, and landscaping along State Route 79 South between Old Town Front Street and Pechanga Parkway. This project is being advertised for construction bids. Bid opening is scheduled for 04/29/2004. CA Sunset HOA has not signed the Landscape Maintenance agreement due to concerns of "uninsured liability in terms of indemnifying the City." Negotiations continue. We will not award the contract prior to securing the agreement. PROJECTS IN DESIGN 1. Pechanga Parkway (Formerly Pala Road) Improvements — Phase II (SR 79 South to Pechanga Road) This project will widen Pechanga Parkway (formerly Pala Road) to its ultimate width from the Pechanga Parkway Bridge to Pechanga road. The City is working with Caltrans' Local Assistance and City's Environmental Consultant to re-classify the Preliminary Environmental Document Classification (NEPA) of the project to a Categorical Exclusion with required technical studies (involving Federal action). The Planning Department completed Addendum No. 3 to the Wolf Creek EIR and the Notice of Determination (NOD) for the project. The Addendum and NOD were needed to satisfy all CEQA requirements for the project. Corps of Engineers is requiring that the City process an individual permit in addition to a nationwide permit for the Wolf Valley Creek Channel. This project was divided into two stages. The first stage is to construct the storm drain triple box culvert and the channel improvements north of Loma Linda. The second stage will construct the remaining street improvements and drainage structures. Construction of this stage will start once the first stage is completed. 2. Temecula Library A full service library, approximately 34,000 square feet in area, will be designed and built on Pauba Road, just west of Fire Station #84. This project will provide the community with library resources and services. A separate parcel has been created for the library for bond purposes. The City was approved for funding by the State on October 28, 2003. TCSD will coordinate the submittal of plans between the architect and the State. Public Works will take the lead on all utility issues, bidding, and construction management. The various utility issues are being addressed, i.e. services, protection, relocation.. Etc. The project will be advertised for bids once the plans are approved by the State and all issues are resolved. An agreement to design the Pauba Road Waterline Extension (to service the library) was approved and the design is underway. 3. Pauba Road Improvements — Phase II (Margarita Road to Showalter Road) This project will widen Pauba Road from Showalter to just west of Margarita Road to its ultimate width. The City has reviewed the 100% Design Plans submitted by the consultant. Specifications are under review. Plans were sent to all utilities and utility issues are being addressed. Work is R:\MonthlyActivityReport\CIP\2004\March-April.doc being coordinated with the library project, which resumed since State funds have been secured. A new RCW D waterline is under design to service the library project. It wilt tie into an existing line that ends just west of Margarita Road. 4. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road On -hold. This project will entail alignment studies and the design of an extension of Overland Drive, westerly to Diaz Road, which includes a new bridge over Murrieta Creek. The project includes the widening of Overland Drive from Jefferson Avenue to Commerce Center Drive, and the extension of Overland Drive across Murrieta Creek to Diaz Road. Staff prepared an amendment to the original agreement for the PS&E. Council approved the amendment that included a scope of work to complete the P.S. & E. The kick-off meeting was held and the design is on -hold until further notice. 5. Temecula Sports Complex A new 40+ Acres sports complex will be built at the corner of Pechanga Parkway and Deer Hollow Way. The City Council approved the Conceptual Master Plan of the project and funding at the January 14, 2003 meeting. Project plans are back to consultant for corrections with 3rd submittal scheduled for the end of April. Coordination efforts with the developer and utility companies continue. 6. Bridge Barrier Rail Upgrade, Rainbow Canyon Road over Pechanga Creek/Del Rio Road over Empire Creek This project will replace the existing barrier rails of the Rainbow Canyon Bridge over Pechanga Creek and the Del Rio Road Bridge over Empire Creek Project plans and specs are 100% complete and are ready to bid. Caltrans headquarters reviewer requested additional information which was provided on November 3, 2003. The project is waiting for Caltrans construction authorization. 7. Fire Station - Wolf Creek Site A fire station will be built at the Wolf Creek Site. The proposal from consultant architect STK for increased costs due to desired re -design was received on 3/12/04. A/E fee increased to $184,600, and the new construction estimate is $2.6 million (original A/E fee was $142,000 and the original estimate was $2.0 million). Reimbursement agreement is to be drafted between City and Standard Pacific Homes to cover the additional costs. Standard Pacific is still reviewing cost increase as of 4112/04. 8. Murrieta Creek Multi Purpose Trail This project will build portions of the equestrian and bike trails along Murrieta Creek within City limits. The City has received a federal grant of $1,214,000. Caltrans has given the City the "Authorization to Proceed with Preliminary Engineering." We are working with US Army Corps of Engineers (USACOE) and Riverside County Flood Control to coordinate the trail design with the Murrieta Creek Improvement project. A meeting was held on Dec. 16, 2003 to discuss the environmental issues and a follow-up Field Review Meeting with Caltrans local Assistance was held on Jan. 27, 2004. The City is currently waiting for comments from Caltrans on the Preliminary Environmental Study (PES). The Natural Environmental Study (Minimal Impacts) (NES (MI)) was submitted to Caltrans on April 7, 2004. The next meeting will be held at the end of April/beginning of May. R:\MonthlyActivityReport\CIP\2004\March-April.doc 9. State Route 79 South Medians Under this project medians will be constructed on State Route 79 South within the City of Temecula limits. The City Council approved a design agreement with Project Design Consultants (PDC) on May 27, 2003. Under this project medians will be constructed on State Route 79 South within the City of Temecula limits. PDC has submitted the 1 st plan check and it is being reviewed by the City. 10. Guardrail Installation and Replacement On Rainbow Canyon Road In this project, old guardrails will be replaced and new guardrails will be installed in needed locations on Rainbow Canyon Road within the City of Temecula. A progress meeting was held on 03/04/04. The consultant submitted preliminary layouts including majority of utilities and conceptual design. Caltrans is scheduled to approve and sign the PES form in April. 11.Old Town Southern Gateway Landscaping Under this project, 10,000 square feet remnant parcel west of Front Street, which was created by the realignment of First Street, will be landscaped. Project Plans are back to the consultant for corrections with resubmittal scheduled for the end of April. 12. Rancho California Road Widening, Old Town Front Street to 1-15 (Southside) This project will provide a right turn lane for southbound 1-15 motorists and explore the possibility of providing a dual left turn lane from westbound RCR to southbound Front Street. Alternatives study is complete and the City has chosen alternative no.1. (widen the south side of the entire length between Old Town Front and 1-15). An alternative to widen the north side of RCR from 1-15 to Front Street was explored. 13. Fire Station - Northeast Site (Roripaugh Ranch) This project will construct a new fire station in the north part of the City. Amendment of the design agreement, for final design, was approved at the 6/10/03 Council meeting. The timing of the station will be impacted by the developer's ability to provide finished street grades, a soils report for the station, site utilities, and finish all site grading. The developer has agreed to provide site specific geotechnical report and perform the mass, rough and final grading of the site. PS&E approval and authorization to be bid is anticipated in May. 14. Jefferson Avenue Pavement Rehabilitation - Phase II This project will rehabilitate Jefferson Avenue from approximately 650 It south of Overland Dr. to Rancho California Rd. The rehabilitation will include road/driveway reconstruction. Currently, the design includes a complete reconstruction of the road within the project limits. The 100% plans were submitted on 4/5/04 and were returned with comments. The Plans & Specs are being finalized and the project should be out to bid the week of 4/19/04. 15. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Project kick-off meeting was held on 1/29104; design is currently underway. Design of bridge and scheduling of construction is contingent on US Army Corps of Engineers Murrieta Creek flood control project's schedule and configuration for Reach 2. Coordination with USACE is ongoing. Application for Highway Bridge Replacement and Rehabilitation (HBRR) funds was submitted during the last period. Conceptual design work for new bridge structure is underway. Design consultant Simon Wong Engineering R:\MonthlyAcfivityReport\CIP\2004\Much-April.dm (SWE) presented preliminary renderings of proposed bridge to City 3/18/04. Updated sketches reflecting the 'Old Town' concept, were submitted on 04/07/04. The concept is being reviewed by the City. Comments will be provided to the consultant for final design as soon as they are received. 16. Vail Ranch Middle School Basketball Court Lighting This project will add lights to the basketball courts at Vail Ranch Middle School. TCSD has selected the engineer for the lighting design and they will begin the design process as soon as contact is signed. 17. Veteran's Memorial This project will construct a Veteran's Memorial next to the Duck Pond. The artist and the concept have been chosen. Public Works is just getting involved in this project. A meeting with the artist is being held to determine the work completed and what needs to be done to finish this project. 18. Diaz Road Realignment Under this project, Diaz Road will be realigned to Vincent Moraga Road at Rancho California Road. Business Park Drive will be a T-intersection at Diaz. The project is on -hold, except for the two traffic signals at Diaz Rd. & Rancho Way and Business Park & Rancho California Road. Right of Way acquisition process is ongoing. 19. Winchester Road Widening Between Enterprise Circle and Jefferson This project will widen Winchester road between Enterprise Circle and Jefferson Avenue. It will also add a right turn lane from Eastbound Winchester to Southbound Jefferson, starting at Enterprise Circle. In-house design and property acquisition process continues. A second workshop with the business owners was held on 1/20/04. The proposed median was presented and approved by the Traffic Safety Commission on February 26, 2004. City Council adopted the Negative Declaration document at the April 13, 2004 meeting. 20. Bus Bench Upgrades Under this project, bus benches and shade structures will be installed and existing ones will be upgraded at various locations. Project research on locations of current bus stops, existing bus bench/shade structures, bus bench/shade structure costs and RTA routes is complete. Bus bench/shade structure design and location options were reviewed and a report with recommendations was prepared. The design and locations were approved. Staff has begun preparing construction bid documents including ADA and permitting requirements. 21. Traffic Signal Installation — Citywide Under this project, traffic signals will be installed on Meadows Parkway at La Serena and at Rancho Vista. Staff met with representatives of Temecula Valley Unified School District on November 20, 2003, to obtain their input on the installation of the traffic signal at the intersection of Meadows Parkway and La Serena. Thereafter, a preliminary plan was forwarded to the Traffic Division for approval. Traffic Signal design plans are being prepared in-house and are approximately 70% complete. Preliminary project plans were forwarded during the month of February to the respective utility companies and the locations of the various facilities are being mapped. SCE is designing the electrical services and final plans will be prepared as soon as that information is received. R:\MondityActivityReport\CIP\2004\Much-April.dm 22. Pavement Rehabilitation Program - FY 2003/ 2004 This project continues the annual pavement rehabilitation program for City streets. The project was defined. It includes rehabilitating the pavement on Diaz Road and on Ynez Road. Limits matching the budget are being identified. Requests for as-builts were sent to all utilities. 23. Localized Storm Drain Improvements This project will fix various minor drainage problems in the City. A field review with PW Maintenance Division was conducted on 01-27-2004. Potential sites are: (1) Front Street, concrete cross gutter; (2) East side of Ynez north of Rancho Cal; (3) East side of Vincent Moraga south of Rancho Cal; and (4) Business Park Drive north of City Hall. Request for as-builts were sent to all utilities. Preliminary hydrology calculations were completed. PROJECTS IN THE PLANNING STAGE 1. 1-15/ SR 79 South Interchange -project Study Report (PSR) This project will modify the 1-15/ SR 79 South Interchange to accommodate projected future traffic. The City will proceed with the modified alternative #5. The latest FHWA and Caltrans comments have been addressed and were resubmitted. Staff is currently waiting for Caltrans' District Director to sign the Project Study Report. 2. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans Specifications, and Estimate (PS&E) Preparation This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215 split. The consultant continues to work on the Project Report. Currently, the consultant is working on some additional traffic studies that both FHWA and Caltrans required. Also, the consultant is finalizing their comments from the Value Analysis and the Accelerated Construction Technology Transfer (ACTT) workshops. We are also continuing to pursue the acquisition of a number of properties to protect them from development. 3. City Maintenance Facility and Corporate Yard Under this project, an expansion of the maintenance facility will be built on the property adjacent to City Hall. Design Consultant Richard Brady & Assoc. is in the process of completing the planning and programming phase, results of needs assessment survey are being compiled. Recommendations are scheduled to be presented by mid -May. 4. Alignment Study for Murrieta Creek Bridge Between Winchester Road and Temecula City Limits and Diaz Road Extension This study will determine the alignment and location of the Murrieta Creek crossing between Winchester Road and the northern City Limits. In addition, the study will be combined with the Diaz Road Extension alignment study and design. Coordination with the City of Murrieta, Riverside County Flood Control and Army Corps of Engineers is necessary. The Consultant and Staff met with Riverside County Flood Control to discuss possible alignments. The consultant is currently awaiting data from Riverside County Flood Control in order to complete the work on the first draftof the alignment study. Staff has yet to receive the data. R:\MonthlyActivityReport\CIP\2004\March-April.doc PROJECTS THAT ARE SUSPENDED OR ON -HOLD 1. Santa Gertrudis Bridge Widening at 1-15 This is Phase II of the Southbound Auxiliary Lane project at the southbound exit ramp for Winchester Road. This project will widen the 1-15 southbound exit -ramp at the Santa Gertrudis Creek Bridge to provide an additional lane on the exit ramp just north of Winchester Road. Staff is revisiting the merits of this project in light of the Project Study Report for French Valley Parkway Interchange. The study shows that this bridge may have to be removed in the future to accommodate the new Interchange. This project is suspended indefinitely. 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M aOCOt6 y U d O y 0C d JpyN 0 mm TD(n 5 d C �' LE10 0yc (!!�.:.. _O qq c = vdi - H 0 d 3 d U p 3 0 N U to- V m E C 4,1 U N 6 N C W d '10 d C> N y d 0 �n iJ o d d d j Av Ec C C d C LLm2'i c -0 W K d 3 y N d D d ti W«._ s c 3- T a a c d o W �r D a�i D: E dd 3 m S 0 add d n u'a—Ny; y d W=d >: Say E 9 d 1U d W t7 O c EO D >O L E3 Z' p d j U E E p `� o o y d 1] y 0 = CO ,O y0 cW -0 nn= W E D A C n y O m D 0> d d d y cW N_ D y D O y n O .2 d d w`m d d - Q D Vdi y 0 D> d d d p_ d n= y U C C 12 v°€ n W m D n d = y y 3 E D u y W¢ pO'� C m nD p $ _ W.� >= p d d d d d D U 0 �D N a a` m` 00082 3 a n 2 m v° O m n H m U U 3 a Q cm a A a 'z a z a 'z a 3 a 3 a z a z a 3 d z z __O a aE F 'a a a a z a a W P zz zz z z W z 0 0` (�..W 0 0 R N R Q J m N m O O O O m Q V m m d m u a w -' -' -' E ro a c� t 3 rn o W 8 _ m N W d —0'p W O 0 [�F+ m LL c m c0 c0 J T O > .� � rayy �.. 4L E Wd E � �_ (9d m D �'.Z.- Op d O T d Z w p WHO 0 m _Wm OI Ur. o c d m a n m' 4�. r d= 0 `o N £ w ¢ w F..: Gi.... O E J C C d O y D d a C W^ U d d c W n M `0 �' o m a} rn a pc c U� N o ts 6 C LL 9 d $ d o y y ii d 0. d a 0-6 W C O d D N 75 c = E m NY c Ed cw 2 oco o a a d as y NN O Z` C C U O K a N N c w y U) C E O W a.W (30 a isO m GK d D N O 6 d 'nm pcp V W a Q Z- O N N O NO C m O O a i MEMORANDUM TO: Bill Hughes, Director of Public Works/City Engineer FROM: Ol 4N Brad Buron, Maintenance Superintendent DATE: April 2, 2004 SUBJECT: Monthly Activity Report - March, 2004 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of March, 2004: I. SIGNS A. Total signs replaced 68 B. Total signs installed 13 C. Total signs repaired 116 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns 48 III. ASPHALT REPAIRS A. Total square feet of A. C. repairs 5,233 B. Total Tons 63 IV. CATCH BASINS A. Total catch basins cleaned 501 V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement 0 VI. GRAFFITI REMOVAL A. Total locations 18 B. Total S.F. 4,054 VIL STENCILING A. 251 New and repainted legends B. 1,620 L.F. of new and repainted red curb and striping R:\MAINTAINIMOACTRRT\2 3-2 \MARCH.N Also, City Maintenance staff responded to 49 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 28 service order requests for the month of February, 2004. The Maintenance Crew has also put in 342 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of March, 2004 was $34,691.00 compared to $22,128.10 for the month of February, 2004. Account No. 5402 $ 16,435.00 Account No. 5401 $ 17,336.00 Account No.999-5402 $ 920.00 cc: Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer - (CIP/Traffic) Greg Butler, Senior Engineer - (Capital Improvements) Amer Attar, Senior Engineer - (Capital Improvements) Jerry Alegria, Senior Engineer - (Land Development) R WAIMAIM OACIRP1 W3-20 WARCH.N Y C 3 a L)'o U W 2 r m 2 0 b F N a>2C' O o m W Z W J W Q E=mU !/l Q 0 W W � 0 O LL LL W U O J F m N m W W N O O O O O O w N N N 0 m N O O V m M N O m O W O 1: O N n m N N N O m O Q O 0 O m m m N N m N W m O m N m O M O IF lV N W W V Q N N N Q W h M O N O O G N m b W m m m N Qm m N n W N O W N Qm n m O O Q O O Q O N O N W O O 7 O N W M fp O m W LL� pj O O d 0 C C O N O CI C m O �U N m m w Q N m O m m m n m m � O M p N Q n N N m N Q m m y O ro d ui n Wm• oe M r�M m m LL Uw) m N m w m w w N N ww N w m w m N wN N V w M O wm O � O O M1' W O O O O O N O M m Q O m O O O W O f LL 0 O O N N O N N � O m � O y0 9 O e'1 w m w n N O N N d 0 m N Q d Q 00 q w N w N N N N N N M N f � 00 OO OO O m 0. .0 m O m O W O O O O O O n O O m O n O O 00 O m O N O M Q m O O Yl N Q Q O � N N N O O M m n W m M w O wO LL O Q Q m N O m 1 1` O m O O w ✓Gi 02 N w w w w w w w w w o 0 o Q o G n m N n N m O o m a a a M Y W o J 30E U Oj W M O O O O O O O W N n O O M LL 1` w N O O pO N' N M m Q W N M n w N m 0 O N N W N N N N N N F O U w W ri Y W o O aou 3oLL U Q o o O o 0 0m oo m o o m m o o m o o O o o m o a m O o Wo nn ci mm nni w wm w voi of m m u� o m w w a m N M N m M N n O N w m O O N N N N w N N LL N 0 O U O m 00 O ,1Wo e a' J U ac m 0-2 O O. OY O 001 m LL LL U Vj LL W U m 3 W W f F O J N H 41 m W j l0 w '2 O O W 0 (� W JZZ K W J C H W W w W W U mW U Z Q Q U 'LLd` i z 3 Z Z a w uw. a0i h N 2 N fi O O C W N F C J O O a o 3 O N U U o m � N a O O wY Z ZUZ W Q U Z0 H W LL 2 W a G W F Q O W Y f000Mr N V 0 Ld m0 �M W O V n O p N OOi o70 M N LO NO O W M rMNOM N f00 O N r M W C4 N M M (V M N t0 O N M cD N N oo�no 000 00� 00 vr0io�0� rn o rn M r OK O O M D Q N O O A H � W 2 7 Q J (KL, Q OO <O OOO OOO OO M MOQO N N N Orn i M 609 OM 0K N N O 0p U M r r N CCCy� � m O rn O ei W O t» Cq r c� O K � � m W LL 00-0 000 00 0MOOD m M 0 00 NN0 N Q N_ M N Z A M M 7 F W Wi U) W C7 5'i y y Uo U N Z IL 0 [W N N Uj LL a Ei .7 �sI W U m Q3� mZ UH Qm UO 9 SO Z E o p p O u U 3 mto a 0 0� �2 a K mM U w f- Wum odof a0LLf� @O 0 O K `O � (pF c c /4 Q N 00E 0 f4H rr-F Q'X 0 co(n UH W'Z O STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of March, 2004 DATE -7 DESCRIPTION TOTAL COST SIZE ACCOUNT STREET/CHANNEL/BRIDGEOF WORK CONTRACTOR: BECKER ENGINEERING Date: 03/25/04 VIA LOBO CHANNEL REPAIRS TO DAMAGED P.C.C. CHANNEL WALL # 5401 TOTAL COST $ 9,630.00 Date: 03/17/04 CITYWIDE A.C. SAW CUTTING FOR PUBLIC WORKS PATCH CREW TOTAL COST $ 5,000.00 # 5402 Date: 03/15/04 RANCHO VISTA REPLACE WOODEN STREET NAME SIGNS WITH PAUBA ROAD NEW & IMPROVED PLASTIC SIGNS # 5402 TOTAL COST $ 11,435.00 CONTRACTOR: MONTELEON•E EXCAVATING Date: 03/11/04 SERVICE LEVEL "R" AREAS GRADING OF DIRT ROADS # 999-5402 TOTAL COST $ 920.00 Date: 03/11/04 TARGET CENTER REMOVAL OF DEBRIS AND SILT AFTER RAINS # 5401 TOTAL COST $ 2,706.00 Date: 03/17/04 EAST VALLEJO CHANNEL & VIA REMOVAL OF BRUSH & DEBRIS FROM NORTE CHANNEL CHANNELS TOTAL COST $ 5,000.00 # 5401 'F TOTAL COST ACCOUNT #5401 $ 17,336.00 TOTAL COST ACCOUNT #5402 $ 16,435.00 TOTAL COST ACCOUNT #99-5402 $ 920.00 R\MATWAIMMOA( RM2W3-2N \MARCHW CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF MARCH, 2004 DATE LOCATION SCOPE OF WORK S.F. TOTAL TONS 03/01/04 MERCEDES AT 5TH STREET / ENTERPRISE CIRCLE A.C. OVERLAYS 510 3.5 03/02/04 CITYWIDE FILL POTHOLES 110 TEMP A.C. 03/03/04 29786 VIA PUESTA DEL SOL R & R A.C. 140 1 03/03/04 41731 ENTERPRISE CIRCLE A.C. OVERLAY 18 5 03/04/04 41731 ENTERPRISE CIRCLE A.C. OVERLAY 64 j 03/0404 PASEO RAYO DEL SOL R & R A.C. 156 5.5 03/08/04 MERCEDES AT 5TH STREET A.C. OVERLAY 294 j 03/08/04 41731 ENTERPRISE CIRCLE A.C. OVERLAY 232 2.5 03/09/04 CALLE PINA COLADA/WILLOW RUN/YANKEE RUN A.C. OVERLAY 363 3.5 03/10/04 DE PORTOLA A.C. OVERLAY 506 3.5 03/11/04 DE PORTOLA A.C. OVERLAY 276 2.5 03/16/04 YANKEE RUN AT BIG SAGE COURT A.C. OVERLAY 243 1.5 03/17/04 42146 LYNDIE LANE / LA SERENA AT MARGARITA A.C. OVERLAY 492 2.5 03/18/04 LA CORONA COURT R& R A.C. 174 5 03/22/04 HUMBER AT ROANOAK A.C. OVERLAY 470 2.5 03/23/04 MERSEY / DEEP WOOD A.C. OVERLAY 424 2.5 03/24/04 30767 CALLE PI]VA COLADA R&R A.C. 132 4.5 03/25/04 HOLLY BERRY AT TEA TREE R&R A.C. 173 4.5 03/29/04 HOLLY BERRY R&R A.C. 146 4.5 03/3004 HOLLY BERRY R&R A.C. 170 5 03/31/04 ANACONDA AT HUMBER R&R A.C. 140 4.5 TOTAL S.F. OF REPAIRS 5.233 TOTAL TONS 63 R:WAINTAINIW CMPLTDWSPHALT.RPRW3.04 ARCHW CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF MARCH, 2004 DA`I;E s Oz��,.::0 � y� W®1 <�C�'®`6P��'•ED 03/01/04 CITYWIDE CLEANED & CHECKED 28 CATCH BASINS 03/02/04 AREA #3 CLEANED & CHECKED 58 CATCH BASINS 03/03/04 AREA #2 CLEANED & CHECKED 23 CATCH BASINS 03/04/04 AREA #3 CLEANED & CHECKED 25 CATCH BASINS 03/08/04 AREA #3 CLEANED & CHECKED 44 CATCH BASINS 03/09/04 AREA #4 CLEANED & CHECKED 60 CATCH BASINS 03/10/04 AREA #4 CLEANED & CHECKED 51 CATCH BASINS 03/22/04 CITYWIDE CLEANED & CHECKED 33 CATCH BASINS 03/23/04 AREA #4 CLEANED & CHECKED 21 CATCH BASINS 03/24/04 AREA #4 CLEANED & CHECKED 5 CATCH BASINS 03/25/04 AREA #3 CLEANED & CHECKED 5 CATCH BASINS 03/29/04 AREA #4 CLEANED & CHECKED 69 CATCH BASINS 03/30/04 AREA #4 CLEANED & CHECKED 63 CATCH BASINS 03/31/04 AREA #4 CLEANED & CHECKED 16 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED 501 R'.WAINTAIMWKCMPL TD\CATCHBASW3 M\MARCH.M CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF MARCH, 2004 DATE LOCATION WORK COMPLETED 03/01/04 I-15 FWY BTWN. WINCHESTER & RANCHO CALIF. ROAD REMOVED 1,092 S.F. OFGRAFFITI 03/02/04 29560 RANCHO CALIFORNIA ROAD REMOVED 32 S.F. OF GRAFFITI 03/03/04 N/W CORNER MARGARITA & RANCHO CALIFORNIA ROAD REMOVED 60 S.F. OF GRAFFITI 03/04/04 MARGARITA AT DATE STREET REMOVED 31 S.F. OF GRAFFITI 03/08/04 TARGET CENTER REMOVED 20 S.F. OF GRAFFITI 03/15/04 PAUBA AT MEADOWS REMOVED 4 S.F. OF GRAFFITI 03/15/04 WINCHESTER CREEK BRIDGE REMOVED 189 S.F. OF GRAFFITI 03/16/04 6T" STREET AT FELIX VALDEZ REMOVED 300 S.F. OF GRAFFITI 03/16/04 OVERLAND BRIDGE REMOVED 255 S.F. OF GRAFFITI 03/16/04 AT END OF"C' STREET REMOVED 80 S.F. OF GRAFFITI 03/18/04 31060 RANCHO CALIFORNIA ROAD REMOVED 30 S.F. OF GRAFFITI 03/18/04 LA SERENA AT CALLE PINA COLADA REMOVED 15 S.F. OF GRAFFITI 03/24/04 RANCHO VISTA ATA MIRA LOMA REMOVED 858 S.F. OF GRAFFITI 03/24/04 31248 PALIS REMOVED 28 S.F. OF GRAFFITI 03/29/04 CALLE TAJO AT RANCHO CALIFORNIA ROAD REMOVED 185 S.F. OF GRAFFITI 03/29/04 PUJOL AT 6T" STREET REMOVED 520 S.F. OF GRAFFITI 03/29/04 WINCHESTER AT NICHOLAS REMOVED 110 S.F. OF GRAFFITI 03/31/04 YNEZ COURT REMOVED 245 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 4,054 TOTAL LOCATIONS 18 RMAlWAIMWKCWLTD\GRA TIW3.WWARCH ! ) ( \ | cb co � to � § � CD ° \ co LL 0 q � � 0 u ƒ 00 \\� � .} &/ ƒe - \\ 2\ % �J p_& ƒj2 ))I£f/j77fa2/ 7E)ƒ§%/j77f02/ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF MARCH, 2003 03/08/04 LA SERENA E/O MARGARITA TRIMMED 3 R.O.W. TREES 03/17/04 CITYWIDE TRIMMED 8 R.O.W. TREES 03/18/04 CITYWIDE TRIMMED 20 R.O.W. TREES 03/23/04 40705 AVENIDA CENTENARIO TRIMMED 2 R.O.W. TREES 03/24/04 RAINBOW CANYON ROAD TRIMMED 3 R.O.W. TREES 03/25/04 RAINBOW CANYON ROAD TRIMMED 5 R.O.W. TREES 03/30/04 RANCHO VISTA AT LOMA PORTOLA TRIMMED I R.O.W. TREES 03/30/04 YNEZ AT PALM PLAZA TRIMMED 3 R.O.W. TREES 03/30/04 MERCEDES AT 6T" STREET TRIMMED 3 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 48 R\MAIP AIMW KCOMPLTD\TREMM 3-0 WARCHD4 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF MARCH, 2004 DATE REC'D LOCATION REQUEST DATE WORK COMPLETED 03/01/04 43384 VIA ANGELES DEBRIS REMOVAL 03/01/04 03/01/04 31221 CORTE ALHAMBRA ROOT PRUNING 03/01/04 03/01/04 29840 LA CORONA COURT POTHOLES 03/01/04 03/01/04 29943 VILLA ALTURAS DEBRIS REMOVAL 03/01/04 03/02/04 39120 PALA VISTA DRIVE ROAD GRADING 03/02/04 03/03/04 REDHAWK PARKWAY R-1 DOWN 03/03/04 03/03/04 COUNTRY GLEN AT VIA RIO TRENCH FAILURE 03/03/04 03/04/04 41767 HUMBER DRIVE REPAVE STREET 03/04/04 03/04/04 42049 HUMBER DRIVE ROOT PRUNING 03/04/04 03/05/04 30260 SANTIAGO DEBRIS PICK-UP 03/05/04 03/08/04 30610 OPEN COURT ROOT PRUNING 03/08/04 03/08/04 PREECE LANE P.C.C. SPILL 03/08/04 03/08/04 41735 WINCHESTER STORM DRAIN BLOCKED 03/09/04 03/09/04 31097 JEDEDIAH SMITH ROAD DEBRIS PICK-UP 03/09/04 03/09/04 VIA DEL CORONADO AT LOMA LINDA DEBRIS PICK-UP 03/09/04 03/10/04 38951 PAUBA ROAD DEBRIS PICK-UP 03/10/04 03/10/04 45520 CLASSIC WAY STORM DRAIN CLEANING 03/10/04 03/11/04 PECHANGA PARKWAY AT HWY 79 SO. DEBRIS PICK-UP 03/11/04 03/12/04 31226 CORTE TALVERA DEBRIS PICK-UP 03/12/04 03/12/04 129620 VALLE OVERA SNS REPAIR 03/12/04 03/15/04 43087 CALLE REBA TREE DROPPING LEAVES 03/15/04 03/16/04 JEFFERSON ROAD STREET REPAIR 03/16/04 03/16/04 45547 TOURNAMENT LANE TREE REMOVAL 03/16/04 03/18/04 VILLA ALTURAS S.N.S.S REPAIR 03/18/04 03/18/04 1 39120 PALA VISTA ROAD GRADING 03/18/04 R WAINTAIMWRKCOMPLTOISORSW3-MIMARCH M DATE REC'D LOCATION REQUEST DATE WORK COMPLETED 03/19/04 31709 PROMENADE BORDEAUS DEBRIS PICK-UP 03/19/04 03/19/04 SANTA CECILIA SNS REPAIR 03/19/04 03/19/04 29500 AMWOOD WAY SNS MISSING 03/19/04 03/19/04 30105 PECHANGA DRIVE SIDEWALK LIFTING 03/19/04 0-3/22/04 42017 SWEETSHADE LANE SINKHOLE 03/22/04 03/22/04 42031 SWEETSHADE LANE SINKHOLE 03/22/04 03/23/04 PROMENADE MALL TREE TRIMMING 03/23/04 03/25/04 28681 PUJOL STREET TREE REMOVAL 03/25/04 03/25/04 28115 DEL RIO BROKEN TREE BRANCH 03/25/04 03/25/04 39839 NO. GENERAL KEARNEY ROAD STORM DRAIN CLEANING 03/25/04 03/26/04 OLD COSTCO BUILDING BLOCKED DRIVEWAY 03/26/04 03/26/04 31359 BRITTON CIRCLE OIL LEAK 03/26/04 03/26/04 32259 CAMINO HERENCIA BROKEN GLASS 03/26/04 03/29/04 41125 PROMENADE CHARDONNAY HILLS ROOT PRUNING 03/29/04 03/29/04 31374 CORTE TALVERA TREE REMOVAL 03/2904 03/29/04 30006 CORTE CANTERA TREE REMOVAL 03/29/04 03/29/04 44520 BEDFORD COURT DEAD TREE 03/29/04 03/29/04 RAINBOW CANYON ROAD SIGN DOWN 03/29/04 03/30/04 27460 BOSTIK COURT SIDEWALK RAISED 03/30/04 03/30/04 MARGARITA AT PAUBA DEBRIS PICK-UP 03/30/04 03/31/04 41132 PROMENADE CHARDONNAY HILLS TREE REMOVAL 03/31/04 03/31/04 42701 LAS VIOLETTA TREE TRIMMING 03/31/04 03/31/04 PECHANGA PARKWAY AT VIA GILBERTO POTHOLE 03/31/04 03/31/04 RANCHO CALIFORNIA ROAD AT CALLE ARAGON POTHOLE 03/31/04 TOTAL SERVICE ORDER REQUESTS 49 R:WAMAIMP KCOMPLTDIORM-WWARCRN CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF MARCH, 2004 DATE LOCATION WORK COMPLETED 03/02/04 WINCHESTER AT NICHOLAS REPLACED DELINEATOR 03/02/04 PAUBA E/O MARGARITA REPLACED R2-26 03/02/04 CITYWIDE REPAIRED 5 SIGNS 03/03/04 REDHAWK PARKWAY REPLACED I R-1, R-18 03/08/04 WINCHESTER AT NICHOLAS REPLACED DELINEATOR 03/08/04 LA SERENA AT VIA AGUILA REPLACED R26-81 03/08/04 LA SERENA AT MARGARITA REPLACED R2 "45" 03/08/04 STONEWOOD AT MARGARITA REPLACED R26-81 03/09/04 WINCHESTER BY REBEL RENTS REPLACED R-26 03/09/04 WINCHESTER W/O DIAZ REPLACED R-26 03/09/04 PAUBA S/O YNEZ REPLACED R2 "45" 03/09/04 MEADOWS PARKWAY AT LEENA WAY REPLACED W-17 03/09/04 CITYWIDE REPAIRED 18 SIGNS 03/10/04 GEORGETOWN AT MARGARITA REPLACED 2 R-7, K MARKER 03/15/04 OVERLAND AT COSTCO REPLACED R-7 03/16/04 AT END OF "C STREET REPLACED 3 "N" MARKERS 03/17/04 JEDEDIAH SMITH REPLACED 4 CARSONITES, R-81 03/17/04 NICHOLAS AT RORIPAUGH REPLACED W-5 03/17/04 BUSINESS PARK DRIVE REPLACED 3 CARSONITES 03/17/04 CITYWIDE REPAIRED 12 SIGNS 03/18/04 30305 DEL REY REPLACED R-2 45 03/18/04 1 CALLE ARANDA AT SOLANA REPLACED W-17 03/18/04 McCABE AT CAMINO ALCON REPLACED I R-1 R:\MAINTAIMWKCMPLTDI IGNS\ 30 WARCHN DATE LOCATION WORK COMPLETED 03/18/04 HUMBER AT LONG VALLEY REPLACED 2 R-1 03/18/04 CITYWIDE REPAIRED 20 SIGNS 03/22/04 MEADOWS PARKWAY AT LA SERENA INSTALLED 2 R-I, 2 W-17, 3 R-1-A 03/22/04 AVENIDA DE MISSIONES AT VIA RIO TEMECULA REPLACED 3 "N" MARKERS 03/23/04 MARGARITA AT GEORGETOWN REPLACED 6 DELINEATORS 03/23/04 CITYWIDE REPAIRED 25 SIGNS 03/24/04 NADA AT MILANO INSTALLED 2 "NO TRESPASSING" 03/25/04 BUECKING AT MADISON INSTALLED R-1 03/25/04 SANBORN AT MADISON INSTALLED R-1 03/25/04 RAINBOW CANYON ROAD REPLACED R20B 03/25/04 VIA NAOTRE AT DEL REY REPLACED R-1 03/25/04 NO. GENERAL KEARNEY AT CAMINO CAMPOS REPLACED W-45 03/25/04 30275 DEL REY REPLACED CARSONITE 03/25/04 30495 VIA NORTE REPLACED W-45 03/25/04 AVE. BUENA SUERTE AT AVENIDA CENTERIO REPLACED 2 "N" MARKERS, W-57 03/25/04 MEADOWVIEW AREA REPAIRED 5 SIGNS 03/26/04 MUTE AT BANDAN REPLACED R-1 03/26/04 JEFFERSON AT WINCHESTER REPLACED R-I8 03/29/04 VERDADERO AT SANTA CECILIA REPLACED R-1 03/29/04 AVENIDA DE LA REINA AT RANCHO VISTA REPLACED R-2 "45" 03/29/04 CITYWIDE REPAIRED 16 SIGNS 03/30/04 CITYWIDE REPAIRED 15 SIGNS 03/30/04 RAINBOW CANYON ROAD REPLACED W-14, W-71 03/30/04 MERCEDES AT 6T" STREET REPLACED W-6 03/30/04 RANCHO CALIFORNIA ROAD AT MARGARITA REPLACED 2 DELINEATORS 03/30/04 RANCHO CALIF. ROAD AT 1-15 FWY F/E &W/B/T REPLACED 2 R-2 "35" 03/30/04 SANTA SUZANNE AT RANCHO VISTA REPLACED R-7A 03/30/04 RANCHO VISTA E/O MARGARITA REPLACED W-75, R-63, W-I 1 03/30/04 1 VIA EL GRECO AT CORTE TUNAS REPLACED W-53 R]MAINTAIMW KCMPLTD�IGNSW3 W\MARCH W DATE 03/30/04 L® IO PASEO GOLETA AT CORTE PADORA WOR<K.GOMMPLETED REPLACED W-53 03/30/04 PASEO DE LAS OLAS AT CORTE ENCINAS REPLACED W-53 03/30/04 PASEO DE LAS OLAS AT CORTE TORTASO REPLACED W-53 03/31/04 PECHANGA PARKWAY INSTALLED 2 CIP PROJECT SIGNS TOTAL SIGNS REPLACED 68 TOTAL SIGNS INSTALLED 13 TOTAL SIGNS REPAIRED 116 RM1AINTAIMWKCMPLTDISIGNS1 3 WWARCH.M CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF MARCH, 2004 DATE I OGA1®I WORK COMPLETED 03/05/04 CITY HALL REPAINTED 1,620 L.F. RED CURB 03/22/04 MEADOWS PARKWAY AT LA SERENA INSTALLED 23 LEGENDS 03/23/04 AREA #1 REPAINTED 90 LEGENDS 03/25/04 MADISON AT SANBORN INSTALLED 6 LEGENDS 03/29/04 AREA #1 REPAINTED 54 LEGENDS 03/30/04 AREA #1 REPAINTED 66 LEGENDS 03/31/04 AREA#1 REPAINTED 12LEGENDS TOTAL NEW & REPAINTED LEGENDS 251 NEW & REPAINTED RED CURB & STRIPING L.F. 1.620 R:WAINTAIMWRKCOMPLTD\TRIPINGW WARCRN REQUESTS TO SPEAK REQUEST TO SPEAK CITY OF TEMECULA '' After completing, please return to the City Clerk. 'Fha You. Y� Date �~ 2 V —'W % I wish to speak on Agenda Item yFor Against /�� !C CW Ti`�LfIU�S P Y�C-)q l CXPA/ r Name: I -A - ? / / l Address: �/ City/State/Zip �/ t3%A, e-4 %20&1 Phone: If you are representing an organization or group, please give 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.